How Difficult Is The Bar Exam?

The bar exam makes or breaks future lawyers. It is a crucial test that ultimately determines if one meets the minimum standards for practicing law. Passing is essential for licensure, but its difficulty, often criticized as excessive, can understandably cause stress (due to pressure) and uncertainty. Bar passage rates vary but typically range from 60-80%. While the bar exam might seem daunting, don't let it discourage you. With adequate time management and focus, you can conquer it. Let’s get more into it so you can be more prepared. 

What is the Bar Exam?

The bar exam is a standardized test that all aspiring lawyers must pass to be licensed to practice law in a particular jurisdiction. Its purpose is to ensure that those granted a law license have demonstrated minimum knowledge and competence in core legal topics.

There are two main types of bar exams:

1. The Uniform Bar Exam (UBE) and
2. State-specific exams. 

The UBE comprises standardized test components and can be transferred between UBE jurisdictions. Many states have their own state-specific bar exam covering topics relevant to practicing law in that particular state.

The bar exam generally tests knowledge in various legal practice areas. The components of the bar exam are:



• Multistate Bar Examination (MBE) - a standardized multiple-choice test covering civil procedure, constitutional law, contracts, criminal law and procedure, evidence, real property, and torts.
  
  
• Multistate Essay Examination (MEE) - a written exam with essay questions on business associations, conflict of laws, family law, trusts and estates, and the UBE's MBE topic areas.
  
  
• Multistate Performance Test (MPT): a written test that evaluates an examinee's ability to use fundamental lawyering skills in a realistic situation.
  
  
• State-specific exams - Some states include additional test components, such as an ethics exam, unique to that state.

The format, length, and weighting of the various bar exam components vary by jurisdiction. The exam usually takes place over two or three consecutive days.

How Long Is The Bar Exam? Timing and Logistics

The Bar Exam spans 2 days:

• Day 1: Multistate Essay Examination (MEE) and Multistate Performance Test (MPT).
• Day 2: Multistate Bar Examination (MBE), a multiple choice test.

MEE:

• 3-hour test with six essay questions covering various topics.
• Tests legal analysis and writing skills.

MPT:

• 90-minute test with 1-2 skills-based tasks (e.g., memo drafting).

MBE:

• 6-hour test with 200 multiple-choice questions.
• Covers core legal principles across various topics.

Endurance and time management are crucial due to the demanding duration (over 12 hours). Pacing oneself is vital for success.

The Topics Covered on the Bar Exam

The Bar Exam assesses various legal knowledge crucial for aspiring lawyers. While specifics vary by state, common topics include:

• Constitutional Law: Principles like due process and equal protection.
• Contracts: Formation, validity, remedies for breach.
• Criminal Law and Procedure: Substantive law and procedural rights.
• Evidence: Admissibility rules in court.
• Real Property: Laws on ownership, sales, and leases.
• Torts: Civil liability for negligence and intentional wrongs.
• Civil Procedure: Litigation process rules.
• Business Associations: Laws governing partnerships corporations.

State exams and the Uniform Bar Exam (UBE) may also test specialty topics such as family law, trusts and estates, secured transactions, and conflict of laws. This broad range of legal knowledge makes preparing for and passing the Bar Exam tough. Bar takers must spend much time building a solid foundation in various practice areas.

Bar Exam Question Formats

The Bar Exam assesses a broad spectrum of legal knowledge and skills through various question formats:

Multistate Bar Examination (MBE):

• Consists of 200 multiple-choice questions across various legal subjects: civil procedure, constitutional law, contracts, criminal law and procedure, evidence, real property, and torts.

Multistate Essay Examination (MEE):

• Features 6 essay questions that encompass subjects like business associations, constitutional law, contracts, criminal law and procedure, and other topics.
• Each essay typically requires about an hour to address thoroughly, including identifying the issue, stating the relevant rule of law, analyzing the facts, and providing a clear conclusion.

Multistate Performance Test (MPT):

• Two 90-minute tasks evaluating fundamental lawyering skills.
• Assessments include legal and fact analysis, problem-solving, ethical dilemmas, task organization, and communication.
• These formats and time constraints mirror real-world legal practice demands, requiring examinees to demonstrate broad knowledge and adaptability across various topics and skills.
  

The Mental and Physical Demands of The Bar Exam

As you can tell, the bar exam is not just challenging, not just because of its academic demands, but also because of mental and physical endurance. Test takers must focus sharply to prevent errors and combat mental fatigue. Psychological resilience is just as crucial as legal knowledge, with candidates often feeling drained by the end of each day. Physically, it can be demanding, leading to discomfort like hand cramps and headaches. Compared to exams like the CPA or medical boards, the Bar's duration and continuous testing present unique challenges. With that, here are some excellent tips to help you out: 



• Have breaks. Take short breaks to stretch, walk around, and refresh your mind during study sessions.
• Focus on stamina. Gradually increase study sessions to build endurance—mimic exam conditions by taking timed practice tests.
• Be active. Incorporate regular exercise into your routine to improve overall stamina and reduce stress.
• Review and adjust. Assess your study routine regularly and adjust as needed to balance content review with mental and physical health.
• Stay positive. Maintain a positive mindset and believe in your ability to overcome challenges. Celebrate your progress and stay motivated throughout your preparation journey.
  

Famous Bar Exam Preparation Techniques

While some may try to rely on self-study, most prospective lawyers enroll in comprehensive bar review courses to ensure they are fully prepared. The two most popular national bar review courses are Barbri and Kaplan. These courses provide study materials, practice questions, simulated exams, and lectures to cover all topics tested on the bar. The programs usually take 8-12 weeks to complete and require significant time commitment from students.

Other than this, many students also join study groups or find mentors who previously passed the exam. Group study allows students to discuss concepts, quiz each other's knowledge, and build camaraderie during the stressful study period. Having a mentor who succeeded on the exam can provide insider tips and moral support.

Regardless of preparation method, most experts recommend around 400 hours of total study time for the bar exam. This includes lectures, practice questions, simulated exams, memorization and review. 

Given the exam's breadth of content and difficulty, such an intensive time investment is necessary. While challenging, thorough preparation maximizes one's likelihood of passing the bar on the first attempt.

Some Resources for Bar Exam Preparation

Aspiring lawyers have many resources available to help them prepare for the bar exam. Essential resources include review books, practice questions, online forums, and more.

Recommended Books

Several publishers offer comprehensive bar exam review books. Popular options include:

• Barron's Law Dictionary: Great for building a strong legal vocabulary, it defines thousands of legal terms.
• Examples & Explanations: This series helps clarify how to approach and answer bar exam questions with practical examples.
• Emanuel Law Outlines: These outlines break down complex topics into concise, manageable reviews.
• Critical Pass Flashcards: Useful for memorizing crucial legal rules and concepts through flashcards.

Books can be bought new or rented to save money.



Online Resources

The internet offers useful free resources to supplement books:

• JD Advising: Offers free sample essays and performance test examples.
• BarExamToolbox: Access a database filled with actual MBE questions for practice.
• BarMax: Use their app to practice bar exam questions and review analytics.
• Reddit r/Bar_Prep: A forum to discuss bar prep strategies and questions with real-life people.
• NCBEX: Get official MBE practice questions directly from the test creators.
  
  

Online resources provide many extra practice materials and opportunities to engage with the bar prep community. Taking practice questions in a simulated digital testing environment is extremely helpful in preparation for exam day.

Bar Exam Pass Rates

On average, about 60-65% of people pass the Bar Exam across the U.S. However, states like California, New York, and Delaware often see pass rates below 50%. These rates have slightly decreased over the last ten years, suggesting the exam might be getting more challenging. For instance, California's pass rate dropped from 56% in 2008 to 27% in 2020, and New York's fell from 79% to 64% during the same time frame. The exact reasons for this trend are unclear, but it might be due to stricter scoring or a broader range of topics being covered.

First-time Bar Exam candidates usually have a higher pass rate—around 75%—compared to just 22% for those retaking the test. This difference has consistently underscored the value of solid preparation before sitting for the exam for the first time.

Conclusion

The bar exam is widely considered one of the most demanding professional examinations due to the breadth of topics tested, intense time constraints, and mental endurance required. As discussed, the bar exam aims to rigorously assess an individual's knowledge of core legal principles across subjects like constitutional law, contracts, criminal law, evidence, real property, and torts.