Sitting for the Bar in July? How Many Bar Exams Should You Sit For?

Saturday 11 February 2012

As you may know, as a general rule, you are required to sit for a bar exam in every State you wish to practice in.  While in law school, the question often comes up of how many exams you should sit for on your first attempt.  In my opinion, you should try to take Bar Examinations from 2 States right after you graduate from Law School. There are a few good reasons for this. 
First, the best time to take a Bar Examination is immediately after you finish law school as you will have retained a significant amount of core knowledge and this knowledge will dissipate over time.  This knowledge makes it easier to pass the bar exam and you are best positioned to do this right after law school.
Second, when you study for one State’s Bar Examination, you may not have to do much additional work to pass another State’s exam.  A few things to keep in mind here. First, most bar exams consist of two days – one day will be made up of a local State day and one will be the Multi-State Bar Exam (MBE), and the MBE is the same exam for every State.   Your score on each day is added together and each State will determine whether you have passed or failed.  If you sit for two bar exams (one in your primary State and one in another State) most if not all States will allow the MBE score to be transferred to the State if it is taken concurrently with your primary State.  Most States however will not permit you to take the MBE one year for one State and then have it count towards the Bar Examination in a different year or session.  For example, New York used to permit candidates to count their MBE score from a prior year towards a current session and as such, in the past the candidate would only have had to sit for the local New York portion of the exam. (1 day as the person would not have to sit for the MBE).  Starting in 2011 though, New York only allows candidates to transfer MBE scores from another State if the exam in the other State was taken in the concurrent session.  Many other States have similar rules.  To clarify, if you sit for two bar exams, you would sit for the exam for three days instead of two.  This extra day can help you avoid sitting for the grueling 200 multiple choice MBE in another year.
Another good reason to sit for two bar exams is that many State exams do not contain much State specific information.  For example, the New Jersey bar exam tests only 7 subject areas and six of those areas are covered on the MBE.  (and the other will likely be covered by your primary State)  As such, the only additional work you will have to do for that exam is sit for the exam.  I sat for the NJ bar when I sat for the NY bar and I did not do ANY additional studying.  (ohhh..and I passed).  Other States are similar and even States where you do have to learn State specific material, it will almost certainly be in areas such as Corporations, Wills and Criminal Law.  As such, you will already have a foundation related to these courses from the work you will do to prepare for the primary State.
Another reason to sit for two bar examinations is that you are more marketable.  Even if you have a job, your situation may change and you may be looking for one in the future.  Being certified in many States not only shows initiative but could give you a practical advantage if a job requires certification in that State.
Lots of good reasons to consider sitting for two bar exams in July.