If you have joined the ranks of those who must re-take the Tennessee bar exam, please remember that you are not alone. Throughout history many governors, members of Congress, mayors, attorneys, law school professors and judges have not passed the bar exam as a first-time test taker. Click here for a list of famous people who failed the bar exam.

The good news is that all is not lost and things will get better. While not passing the bar exam may be upsetting or discouraging, we hope you find comfort in knowing YOU ARE NOT ALONE. Most lawyers will understand and can empathize because of their own experiences with the bar exam. It is also important to remember that an unsuccessful attempt does not end your aspirations of a legal career. You can still get beyond this bump in the road and move on to a successful legal career.

The following is a guide on how to approach life after unsuccessful bar exam results and a resource guide to finding success on your next attempt.

 

1. Get Back on Track

Many professions have tough exams, but none of those seem to cause the physical and emotional stress brought on by the bar exam. If you are unsuccessful on the Tennessee bar exam, let yourself feel the disappointment, anxiety, dread, anger and other emotions that may arise.

It is important that you allow yourself to be disappointed and frustrated by the outcome. The bar exam is a very emotional experience and you put in a lot of time and effort to take the exam. You want to give yourself time to deal with the results, which means you should take some time for yourself. Prioritize eating healthy, staying hydrated, getting enough sleep, and not self-medicating to avoid feeling your emotions.

If you need additional help getting through this, feel free to reach out to the Tennessee Lawyers Assistance Program (TLAP). TLAP is confidential and can provide tips on how to overcome this temporary setback. If counseling and/or treatment is needed, TLAP will provide appropriate referrals to providers vetted for experience working with high level professionals.

TLAP is located at 214 2nd Ave. N. Suite 1, Nashville, TN 37201 and can be reached by calling (615) 741-3238 or (877) 424-8527.

If TLAP is not for you, feel free to reach out to members of the TBA YLD. As young lawyers, we understand the struggles that come with not passing the bar exam and want more than anything to help. If you would like someone to speak with about your worries or anxieties about the bar exam, contact Laura Labenberg. We can help connect you to an attorney who was unsuccessful in passing the bar the first time. They will be more than willing to provide you with the support and encouragement you need to be successful in the future.

The first step to finding success on the next bar exam is to take care of yourself and ensure that you are physically and emotionally ready to undertake the process again.

 

2. Plan for the Future

A. Look at and analyze your score report and copies of your exam answers when they become available.

Remember the bar exam is comprised of 3 parts:

Multistate Bar Exam (MBE)

Multistate Essay Exam (MEE)

Multistate Performance Test (MPT)

When looking at your score report, analyze the areas in which you fell short — the MBE, the MEE, the MPT or some combination of them. This will help you decide where you might need to change your study strategy.

No one enjoys critically reviewing where they fell short on the exam. However, this information can be invaluable. Perhaps you did not organize your essays well, or you wrote too little, or recalled too little law or failed to answer the call of the question. You can gather a lot of valuable information by reviewing your MEE and MPT answers and the accompanying grading materials.

Use this information to determine where to focus your energy on the next exam.

B. Commit to Move Forward

The next step is committing to taking the bar exam again. This may sound like an easy decision but there are many parts to consider.

Time: It takes time to study for the bar again. You may be working and already have a job. You may have to consider whether or not your job will allow you to take time to adequately study and prepare. You must decide which bar exam you are going to take next. It is typically recommended to sit for the next bar cycle so you can retain as much information as you can from your previous testing experience. However, this might not be the best option for you. Take some time to decide when you should take the bar exam based on when you have time to adequately prepare. Speak with your job to see if they could give you time off to study or postpone taking the bar exam until you feel you have spent the right amount of time studying so you are confident.

Money: Finances are also an important consideration when retaking the bar exam. We all know and appreciate that taking the bar is not cheap. The test itself is expensive, even before you decide to pay for any additional help. Most bar takers are already in debt from their law school loans and previous bar-taking experience. It is important to determine if you can financially support yourself while preparing to take the next bar exam. You do not want to be distracted by your finances while studying. Instead of immediately taking the next bar exam, perhaps take some time to ensure you are not going to fall further into debt. If you are currently unemployed and looking for a job to help you save to retake the bar exam check out the TBA's Job Link Career Center for jobs that might be helpful.

C. Score Transfer

Consider transferring your Tennessee UBE score to another UBE jurisdiction. While we would much prefer to have you join the profession of law in Tennessee, it may make sense for you to consider transferring your UBE score for admission in another jurisdiction. If you scored 260 or above, your score may be sufficient for admission to several UBE jurisdictions. 

For a list of UBE jurisdictions and their minimum required score, please refer to the National Conference Bar Examiners NCBE website.

Tennessee UBE scores may be transferred to another UBE jurisdiction by submitting a UBE score transfer request to the NCBE. UBE score transfers may be requested on-line using the NCME score services.

Tennessee MBE scores may be transferred to another jurisdiction by submitting a MBE score transfer request to the NCBE. MBE score transfers may be requested on-line using the NCBE score services.

To transfer UBE and MBE scores to another jurisdiction visit ncbex.org and select the applicable exam scores you wish to transfer.

D. Careers/Jobs Without a License to Practice 

It is important to remember that there are numerous alternative career paths available for individuals with a legal background. Below is an overview of various career options that can leverage your legal knowledge and skills, allowing you to explore fulfilling and rewarding professional opportunities outside of traditional legal practice.

Legal Research and Writing: One potential avenue for individuals who did not pass the bar exam is to pursue a career in legal research and writing. Many law firms, government agencies and corporate legal departments require skilled professionals to conduct in-depth legal research, draft legal documents, and prepare briefs. This role allows you to utilize your legal expertise while contributing to the development of legal strategies and support attorneys in their cases.

Compliance and Regulatory Affairs: In this role, you would ensure that organizations adhere to relevant laws, regulations and industry standards. This can involve conducting audits, developing compliance programs, and providing guidance on legal and ethical matters. Industries such as finance, healthcare and technology often have a high demand for professionals well-versed in compliance and regulatory affairs.

Legal Consulting: This role offers an opportunity to provide expert advice and guidance to clients on legal matters without practicing law directly. As a legal consultant, you can assist businesses, individuals or even other law firms with legal research, contract review, risk assessment and dispute resolution. This role allows you to leverage your legal knowledge and problem-solving skills to provide valuable insights and recommendations to clients.

Mediation and Alternative Dispute Resolution: If you have strong communication and negotiation skills, a career in mediation or alternative dispute resolution (ADR) may be a suitable path. Mediators and ADR professionals help parties involved in legal disputes reach mutually agreeable solutions outside of the courtroom. By facilitating dialogue and guiding negotiation, you can assist individuals and organizations in resolving conflicts and avoiding costly litigation.

Journalism: For those with a passion for writing, pursuing a career in legal writing and journalism can be a fulfilling option. Legal writers and journalists cover legal topics, analyze court cases, and provide insights on legal developments through articles, blogs or publications. This role allows you to combine your legal knowledge with your writing skills to inform and educate the public on legal matters.

E-Discovery: This job refers to a role within the field of electronic discovery, which involves identifying, collecting and managing electronic information (e.g., emails, documents, databases) for legal purposes. E-discovery professionals are responsible for using specialized software and techniques to locate and present relevant digital evidence in legal cases. Some common e-discovery job titles include e-discovery specialist, litigation support analyst, forensic analyst, and document review attorney. These roles are critical in the legal industry to ensure that electronic evidence is properly handled and presented during legal proceedings.

Paralegal: If you have a desire to work in a law office or law firm a paralegal position may be a suitable path. A paralegal assists lawyers and legal teams in various aspects of their work. They play a crucial role in the legal field and have many responsibilities, such as legal research, document drafting, case management, client communication, court support and administrative tasks. Paralegals play a vital role in helping attorneys provide efficient and effective legal services while often offering more affordable options to clients compared to hiring an attorney for every task.

Westlaw/LexisNexis Representative: A Westlaw or LexisNexis representative is an individual who works for either company and is responsible for assisting law firms, legal professionals, or businesses in understanding and utilizing LexisNexis and Westlaw products and services. Their responsibilities may include sales and account management, training and support, product demonstrations, customer service and market research.

Courtroom Clerk: If you have an interest in being in the courtroom, a courtroom clerk might be the position for you. The courtroom clerk is a professional responsible for managing administrative tasks within a courtroom and assisting judges and attorneys during legal proceedings. Their role can vary depending on the jurisdiction and court type, but common duties include record keeping, scheduling, documentation, jury management, swearing-in witnesses, assisting judges, public interactions with attorneys and other court personnel, filing and docketing. Courtroom clerks are essential to the functioning of the judicial system as they help maintain order and ensure that legal proceedings are conducted efficiently and according to established rules and regulations. Their role can be critical in both civil and criminal court settings.

While not passing the bar exam may initially seem like a setback, it opens the door to various alternative career paths that can utilize your legal background and skills. There are numerous opportunities to contribute to the legal field and make a meaningful impact. Explore these alternative career paths and find the one that aligns with your interests and strengths. While you might not explore these jobs long-term, they can help you financially as you navigate retaking the bar exam.

 

3. The Re-Application Process

Information concerning the re-application process for returning candidates is described HERE.

 

4. Prep for the Bar Exam

Although preparing for another bar exam may seem like a daunting task, you may be surprised with your retention and recall of the substantive material, particularly if you are sitting for the next exam. However, we cannot overemphasize the importance of proper and adequate preparation. Thus, when you decide to retake the bar exam, we suggest that you consider enrolling in a review course, even if you did so the first time. While you may have previously attended these lectures, the review courses provide necessary structure and guidance in preparing for the bar exam. Below is some information to assist you in your research of what products and/or services are available as you decide which review courses you may want to enroll in or what type of preparation will work best for you. This is not intended to be an endorsement for any of the following products or services but is merely included for your convenience. 

Non-commercial resources dedicated to the bar exam preparation:

NCBE offers study aids for the MPRE, MBE, MEE and MPT. Also, reach out to members of the TBA for advice on prep courses and getting materials.

 

5. During the Exam

First, try to relax, at least for the day before the bar exam. Do something to unwind and to take your mind off of the exam for a while. Put the books and notes away and do not attempt last-minute cramming. Following years of law school and weeks of intensive preparation, you will either know the law or not. Overloading your brain on the last days will add to your anxiety level and create unnecessary stress, while only minimally increasing your retention at best.

Get plenty of sleep the night prior to the exam. On the day of the exam, the motto should be "less stress, better test." While taking the bar exam, it is important to remain calm and clear minded. Do not panic. It is not unusual that, at some point during the two-day exam, you will encounter an unexpected or unknown question. If this happens, remember that the exam is graded on a "pseudo curve." If an essay question tests an obscure area of the law, it is likely that many examinees will answer the question poorly, which tends to reduce its negative impact on each examinee's overall score. During the MBE portion concentrate and pace yourself.

Do not focus on your previous exam experience or results. This is a clean slate, and your second exam experience will have its own ups, downs and results. Just as you are not defined by your previous exam experiences, your next exam experience will also not define you as a professional. Take comfort in knowing that you have been here before. You know what to expect. You have the benefit of hindsight and you are more prepared now than you have ever been to find success on the exam.