Bouncing Back From Bar Exam Failure: How Kim Kardashian And Others Can Succeed On Their Next Attempt
As you may have heard, Kim Kardashian failed the California bar exam. She took a very unusual (and in my opinion, very underutilized) path to being an attorney, through a four-year apprenticeship program working under a licensed attorney.
According to the State Bar of California’s most recent statistics, only 12% of repeat takers passed the bar exam. For most lawyers, this may sound very low because they anecdotally know a number of people who failed the bar exam but all of them eventually passed.
But if those who didn’t make the cut want to be part of the 12% that pass next time, they will need to properly evaluate their score and set up a study plan.
First, if you need to, take some time off to detox and spend time with your loved ones over the Thanksgiving holiday. If you are understandably upset, it may not be the best time to analyze your score.
Next, once you are ready, closely and honestly assess your test score because that will determine how you will study for the next exam. If you missed the cut by a small margin by scoring slightly below average on every section, you will probably need to review everything again although you can skip or skim the subjects you are proficient in.
If you scored very poorly on a few sections or subjects, then you will need to spend a majority of your study time on these areas.
If you scored poorly on every section, then you will need to completely overhaul how you study for the exam.
After your self-assessment, set up a study plan. Whether you need 10 hours per week or 40 hours per week depends on your other obligations, and your study goals. If you missed the passing score by a small amount, you probably don’t need to devote five days per week to study.
If you received very low scores, you will need to spend some time figuring out how you best retain information. Maybe sitting in a classroom listening to a lecturer is not the optimal study environment. You will have to do something different. Maybe focus more on flash cards. Or listen to recordings of lectures while walking around the park. If you have the means, you may want to try hiring a private tutor or reaching out to your law school to see if any professors or former bar graders are available to review your exams.
And to be honest, some people just lack discipline. I’ve been there. While you are studying, stop internet surfing, posting or scrolling through social media. For some, this may mean turning the phone off. It takes some time to adjust but it can be done.
During the initial months, do as many practice questions and essays as possible. But do not focus on speed. Review your answers, particularly the ones you got wrong.
As for reviewing essay questions, check the model answers and see if you spotted all of the issues. Then check to see if you knew the rule, correctly applied the rule to the facts, and then came to a conclusion.
I highly recommend the two volumes of “Bar Breaker” by the late Jeff Adachi. They explain how to write essay answers in a manner that bar graders can understand. Unfortunately, prices are ridiculous online, so check your school’s law library to see if they have a copy.
As the exam date gets closer, you will need to block out several hours to simulate exam conditions. This means no smartphone and no internet. Put your phone and laptop on airplane mode while you are taking your practice exam. At this point — hopefully — you will be proficient in all of the tested subjects. The goal of the simulated exam is to complete all of the questions within the allotted time.
Finally, take care of yourself mentally and physically during the process. Stay away from negative news and people. Stop reading the news about who canceled whom. And don’t complain about how the bar exam is a hazing ritual or a gatekeeping scam. The time you spend pondering over these things can be used instead to study.
Be mindful of what you eat. You should eat foods that will satisfy your hunger, help you concentrate, and provide you with energy throughout the day. Eating the wrong foods or overeating could make you feel sleepy or hyperactive.
Exercise is generally a good idea but overdoing it could lead to soreness or injury, which is not good for studying. Ideally, you should listen to a bar exam lecture while taking a long walk.
As for getting support from others, that is up to you. Some people can benefit from study groups, therapy, or counseling. Others take the edge off by committing every crime and intentional tort in “Grand Theft Auto.”
Hopefully, Kim Kardashian and others in her situation will one day pass the bar exam. While she seems to have the right attitude, she will also need to see where she can improve and devote her full attention to it.
Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at stevenchungatl@gmail.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.
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