Supporting bar takers is about time, space and trust

By Devin Kinyon

In law schools across the country, May means final exams, graduation events and bar exam preparation season. This summer marks my 15th year of coaching graduates preparing for the California Bar Exam. I am often asked by lawyers how they can support recent graduates through this process. Here's some advice.

It's important to start with caution about drawing too many lessons from your own bar experience. I often tell my faculty colleagues that unless they went to a law school similar to the one where we teach, and graduated within the last five years, their experience was probably very different from our graduates.'

At the most basic level, the exam has changed. In California, the exam shifted from three days to two in 2017. The old exam put more weight on written work; the current exam distributes possible points equally between the written portion and multiple-choice questions. While having one fewer day may feel like a luxury, the point distribution allows less room for error. The heavier emphasis on multiple-choice questions requires a unique analytic approach that befuddles even highly competent attorneys already licensed.

The stakes of not passing are higher. The ABA released a study in 2003 that found the typical indebtedness from law school was $80,000. Updated data show that it has increased to about $120,000. Many law students take on that debt in hopes that their post-graduate employment will make the debt manageable. While the job market for new lawyers has remained fairly consistent in recent years, earnings vary widely. Finding work in Big Law can yield a first-year pay rate nearing $250,000. But the bigger proportion of graduates entering small and mid-sized firms, government and legal aid are making $60,000 to $100,000.

Not passing on the first attempt presents a cascade of challenges. Not only might they lose an employment offer, but their ability to earn a sufficient salary to begin repaying their student loans is made more uncertain. Many employers can't take the risk of hiring someone who isn't licensed and will need more time to pass the bar. Separate from this is the cost of living throughout the process. For those bar takers who must repeat the exam multiple times, the emotional cost is even higher than the financial uncertainty.

One of the best ways you can support bar takers is to help them prioritize study by not working during the preparation period. A 2021 study of California Bar takers found that making bar preparation a full-time commitment was a critical factor in passing the exam. Many law students are worried about talking to their employer about taking time off, but it really is to their benefit to do so. Opening that conversation with your law clerks and future associates lowers that barrier. And having that discussion early will help them make a financial plan.

If a staff member is out studying, really let them be away. It's easy to think that "just one email" won't matter. It's very hard to focus when your employer continues to get in touch. There's always the fear that not responding could negatively impact your future employment. And it's a barrier to the kind of focus necessary for active engagement. Before they sign off, make a plan together for their work assignments so that your bartaker can really focus without interruptions.

Encourage active engagement. Many lawyers may recall the old days when bar preparation felt like attending a class. You sat in a large auditorium with a live lecturer in front of you or projected from a VCR tape. All of your materials were in thick printed books. Now all the major bar preparation companies conduct their programming almost entirely asynchronously online. Bar takers watch videos and complete practice questions for hours through their laptops. While that's increased the convenience of the process, it's also made it very hard to be actively engaged.

In the same way you might coach a new associate through a challenging research and drafting project, talk to them about how they're going to focus during bar study. Where are they going to be working? Is their law school providing them with study space? Can your firm provide them with a quiet conference room or private office where they can work? Can they print materials from the office printer so they can do more on-paper practice?

Be thoughtful about how you offer support. The most common complaint I hear from bar takers is about the comments they receive from their colleagues and loved ones. Many of these comments are intended positively: Don't worry about it! You've always done well on exams. I know you're going to pass. Bar takers imbue these comments with an unsaid admonition: Don't let us down. If you don't pass, you're not worthy. My support is contingent on this one exam. Many of my students know these thoughts are largely in their head, but they can really be a hinderance. Focus your support on their effort, hard work and engagement, not on assurance of a positive outcome.

And maybe the best support is to encourage your bar takers to reach out when they need help. Even students who appear to have handled law school confidently and calmly will likely experience stress during bar prep. Almost everyone will have a day when they feel stuck and uncertain. The vast majority of law schools have expert advisors available to check-in with their graduates. Encouraging them to seek that support shows that you care for them.

It's easy to put the bar exam out of your mind once you've passed and are practicing law. By intentionally supporting our law clerks, paralegals and future associates, we can make the experience a little smoother for them and work towards creating a more humane profession for us all.

Devin Kinyon is a clinical professor of law at Santa Clara University, where he directs the Law School's Office of Academic & Bar Success.