Do I Tell My Firm I Think I Failed the Bar Exam?
October 17, 2008 by Sweet Hot Counsel
Q: I started working at a major firm in CA in late September and took the CA bar exam in July. We get the results back in a few weeks and I seriously, seriously think I failed it. Nothing drastic happened during the test or anything and I’ve always been a good student (top of my class in a Tier 2 in NYC), but I’ve never felt so not confident about a test in my life. I wanted to vomit after the MBE and I screwed up at least one and a half essays. And CA’s pass rate is awful. I haven’t thought about it in awhile, but with all the layoffs that keep happening and bar results that are starting to roll in from other states, I’m getting nervous that I’m going to be one of the only ones in my first-year class who fails and I’m going to be laid off because of it. I don’t know if I can take that humiliation. Should I just pave the way to ease the (potential) blow now and give the firm a heads up, or just ride it out and see what happens?
A: Stop reading this and go tell the firm now. Wait, no. I take it back. Stop reading this and go tell the firm that there’s a possibility you may accidentally murder a homeless person on the way home from work tonight and wanted to give them a heads up in case you get arrested. Because that, my friend, will make you look only slightly less insane than marching into some partner’s office and giving him a “heads up” about a failure that hasn’t actually happened yet. Come on!
I’ll cut you a little slack on this insane question, though, because I know how paranoid the bar exam can make people. When I took the bar exam, some of the smartest, most intense law students I ever met were just as convinced as you that they failed the bar exam. And you know what? They all passed on the first try. If you worked hard enough to get to the top of your class, even at a Tier 2, you must have a decent work ethic and a good brain, both of which I’m sure you applied to the whole bar-exam-prep process. And unless your computer crashed or you left half the test blank, you probably did just fine. And true, CA does have an insanely low pass rate, but there are also more people taking that test who have no business taking it than you can imagine. At your worst, you’re probably still (frighteningly) better off than most of your fellow bar takers in CA.
That all said, paranoia and delusional thoughts are only OK until you start to trot them out in public. Or worse, at your firm. So, just in case I wasn’t clear before, let’s just confirm: Your idea of “paving the way” for your firm to fire you is a BAD IDEA. Why would you ever do that? What would you even say? “Hi, I’m new and in case you’re looking to trim some fat because of this whole economy thing, I just wanted to put myself on your radar because there’s a remote possibility that I failed the bar exam. But I don’t actually know for sure yet. Just wanted to give you a heads up.” Or something to that effect?
Look, if you do wind up failing—which you probably won’t—deal it with it then. Most firms have a one-time do-over policy before they boot you out anyway. And if you don’t wind up failing, well, then, good. Moving on. So stop torturing yourself. Remember, even though it may not be a huge comfort: There is absolutely nothing you can do right now to control how you did on the bar exam. What you can control is your rep at the firm. Make sure it’s good. So, focus on meeting senior attorneys, doing awesome work, and making a solid impression on the higher-ups. And save the worrying for something that actually deserves it.
Good luck.
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Calm down, dillweed. I also thought I flunked, but when I thought about it, I figured that if I flunked, then every other douchebag in the room also failed, and I knew that the state needed my bar dues.
As it turned out I was right, so I left the room, went over to my girlfriend’s house, who I hadn’t seen for 3 days and nites, and I really got a workout.
So go do the same. You’ll sleep very well, I promise you.
I can’t believe I’m agreeing with Wilbur, but he’s right. You’re making way too big a deal about this. Everyone thinks they failed the bar exam. It’s the a**holes bragging about how easy it was that wind up back in the room in Feb.
I actually did fail, retook the test in February and now, a year and a half later, everybody I work has forgotten about the whole thing. Failing sucks, but it’s not that big a deal.
“As it turned out I was right, so I left the room, went over to my girlfriend’s house, who I hadn’t seen for 3 days and nites, and I really got a workout.”
Man –and I use that as a courtesy — your hand must have been really tired.
Um, I think he meant he got laid.