How Law Firms Can Support Associates that Fail the Bar Exam
We put together a short guide on how law firms can support associates who fail the bar exam. A supportive firm environment is important for associates during this time. It can make the difference between an associate passing and failing the bar exam. And it can also make a difference in retention efforts. Associates that do not feel supported by their firm typically look for a job elsewhere, even after passing the bar exam.
JD Advising works with Am Law firms and law schools, including top-14 law schools, to help their at-risk, first-time, and repeat takers pass the bar exam. We have tutored thousands of hours and have helped thousands of students pass the bar exam. In addition, We have worked with associates who have a supportive firm environment—and those that do not. We have direct knowledge of what a firm can do to best support its associates in the event that they do not pass the bar exam.
Note that recently there appears to have been an increase in Biglaw associates who have failed the bar exam. This may be due to challenges presented by the pandemic including virtual learning environments.
During many recent meetings with our law firm partners, a recurring question we have heard is, “How can we best support our associates that failed the bar exam?” Here, we have put together a list of recommendations for you to support your associates who have failed the bar exam.
How Law Firms Can Support Associates that Fail the Bar Exam
Express support
One of the best things you can do is express support for those who have failed. Some things you can say are:
- I know you are a very smart and capable person. The bar exam does not reflect your intelligence or your ability to practice law.
- We will support you and help you pass the next bar exam.
- Do not worry about losing your job. We are going to take [these measures] to support you.
- This is not the end of the world!
- You will be licensed in a short six to eight months! This is a small hiccup in your career.
We also recommend that you answer the “unasked questions.” For example, a question that associates often have is what if they fail the bar exam again (for a second time)? Will they be let go? If not, how will the firm support them? If you are unsure of the answer to this question, we recommend developing a policy so that you can clearly communicate to the associate your plans. Based on our experience, the associate will likely not ask this question, but they will certainly be conjecturing about the answer.
Even if your answer is, “If you do not pass the bar exam after the second time, we will evaluate on a case-by-case basis to figure out the best path forward,” that is better than not saying anything at all. Note that most associates will pass the bar exam the second time around if they have a supportive firm environment.
Providing words of support and expressing your firm policies on support is very important. It reduces the associate’s stress and increases their chances of passing the bar exam. It also increases their productivity at work. Lastly, it increases retention efforts—after all, you are supporting the associate at their lowest, and they will remember this!
Evaluate your time off policy
If you truly want to support your associates as they are studying for the bar exam again, one of the best things you can do is to give them time off to study.
Some law firms give associates no time off (outside of bar exam days). This is not the best way to support your associate. The associate will inevitably be stressed out and it is a lose-lose scenario. They will not do a great job at work nor when they are studying for the exam. They are also less likely to succeed on the bar exam the next time around if they are not given any time off to study.
Pay for a consultation and tutoring
If an associate took a commercial course the first time around, doing the exact same thing the second time around is not a recipe for success.
It does not make sense to do the exact same thing again and expect a different result!
We recommend that you offer to pay for a bar exam consultation and tutoring. This will give the associate a new, fresh approach to the bar exam and it can be very successful in helping associates pass.
If you ask the associate what they need, you will very likely not get a sincere response. Associates are afraid of losing their job and do not want to be burdensome. (Sometimes associates find us on their own, without a firm referral, and many times will not even consider asking their firm to pay for tutoring, as they already feel like their job is in jeopardy!)
Instead, if you truly want to support your associate, tell them that it is the firm’s policy to pay for consultations and any tutoring that is recommended. (If it is not the firm’s policy, consider evaluating this policy! The payment involved is relatively small compared to the numerous rewards the firm will reap by investing in these associates.)
We typically recommend the following to bar exam associates:
A bar exam consultation.
This is where the associate will meet with one of our top tutors. The tutor will dissect the associate’s score report, bar exam essays (if available), and talk to the associate about how they studied for the past bar exam. This will help us determine what went wrong and come up with a plan and a path forward.
We recommend holding these consultations soon after the associate finds out they failed the bar exam (even if they will not start studying immediately). The associates often leave the consultation feeling positive and good that they have a plan in place!
Tutoring
At the consultation, we recommend the amount of tutoring that we believe an associate needs—typically between 10 and 25 hours. We err on the side of recommending more, rather than less hours.
For example, if an associate needs a 266 to pass the bar exam, we aim to improve their score to a 290. That way, even if they fall short of the goal of 290, they will still pass the bar exam. It is our goal to use our tutoring services to maximize their bar exam score so they never need to take the bar exam again.
Note that we offer full-service tutoring from our top bar exam tutors. (These tutors have not only received top bar exam scores but also have tutored for hundreds of hours and received excellent reviews!).
If an associate utilizes our tutoring services, they will receive:
- Tutoring hours (typically 10–25 hours)
- Essay grading (10-25 essays and performance tests graded)
- Outlines tailored to the bar exam for all of the bar exam subjects
- Actual, official, released bar exam questions (including access to an MBE question bank)
We can also accommodate students who have repeat access to a commercial course.
The firm will also receive regular updates and check-ins if desired.
Connect them with a partner or associate who can provide support
One of the challenges that we see firms have among associates who fail the bar exam is retention.
If an associate fails, even if the firm supports them as they go on to pass, the associate often feels as though there is a scarlet letter on them—e.g., everyone knows they failed the bar exam. There is a stigma associated with failing the bar exam. So, it makes sense that they eventually move on to a different firm where there is no such stigma.
One of the things that we recommend firms do is connect them with a partner or associate at the firm who had also failed the bar exam in the past. This person can serve as a role model and show the associate that they can succeed at the firm despite failing the bar and that it truly is a short-lived obstacle that will not impede their success.
Even a simple meeting introducing the partner/associate and the associate who failed can go a long way.
Keep lines of communication open
We also recommend that you check in with the associate to see how they are doing or if there is anything else they need. A check-in every couple of weeks can be helpful.
One of the things that we do for firms that enroll associates in our tutoring program is to provide updates to the firm on how the associates are doing (e.g., Are they coming to sessions prepared?, Are they improving? And if not, what can be done to further support them?).
We recommend that the firm appoint one person to receive updates and communicate with the associates. This tells the firm that its investment is being used and adds a layer of accountability to the associate. (Please note that this approach has success when the firm is paying for the associate’s bar prep.)
Some firms also wonder what to do about lateral associates who fail the bar exam or associates who fail the MPRE exam. We have dedicated approaches and specific recommendations for both.
If you are interested in learning more about our consultation and tutoring services, please feel free to reach out to us at info@jdadvising.com or 248-228-5547. You can also schedule a meeting here.
Who is JD Advising?
JD Advising, Inc.’s mission is to help law students, firms, and schools achieve their goals by providing the highest quality legal education services. We provide prelaw services, law school tutoring services, and bar exam services.
JD Advising is most known for its excellent bar exam services. JD Advising has built a reputation of having high-quality bar exam preparation courses with fantastic pass rates.
As a certified Women-Owned Business, JD Advising is a fast-growing company that recently received the 2021 Inc. 5000 award for being one of the fastest-growing private companies in the United States.
JD Advising is also proud of its partners. JD Advising works with several law schools, including law schools in the top 14. It also recently partnered with the American Bar Association Law Student Division. Further, it has partnered with numerous prestigious organizations such as Sponsors for Educational Opportunity, Inc. (SEO Law); the National Black Law Students Association; and Phi Alpha Delta Law Fraternity, International; among others.
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Many law firms give associates who fail the bar exam two to three weeks off. In truth, this is not enough time.
We recommend that you give associates four to six weeks off before the bar exam. In some cases, we also recommend a reduced-hour work schedule even prior to that time period for an additional four to six weeks.
When the associate is “off,” treat it as though they are on leave. Do not e-mail, call, or text them unless it is absolutely necessary. Truly give them the time off to study!
