How to Study for a Dual Bar Exam

By Sheri Mason
(Sheri is one of LawTutor's Attorney Instructors)

You’ve just completed your last law school exam…. EVER, and you are about to give a sigh of relief when you realize – it’s not over yet! That’s right, in a few short months, you will take that exam you have been dreading for the last three years – THE BAR EXAM.

By now, you have probably given the bar some thought. Maybe you’ve even started the application process. Of course, the first question all students must ask themselves – Which state bar exam should I take? For some, the decision is easy. For others, it forces some major life decisions because the decision rests on where you plan to practice – and live!

Suddenly, you start to hear some rumors about fellow classmates that are taking the bar in two states – they must be crazy, right? Isn’t that double the work?

Not at all! Here’s why. First, your MBE score is applied to both states, so you only need to study for and take that portion once. Second, while you need to study state specific law for both states for the essay sections, chances are, you will be learning essay structures and strategies that can be applied successfully in both states.

Whether or not you take two bars is a decision you have to make. One bar is often stressful enough, and adding on the stress of another state bar can feel overwhelming. However, many law graduates have taken dual bars and have been successful. Here are some tips that may help you if you decide to take a dual bar:

1. Decide which two states you would like to sit for. Seems obvious, right? However, whether or not you can take a dual bar will depend on the states you wish to sit for. The state essay section will need to fall on different days (the day before the MBE or the day after the MBE). For example, many law graduates will take New York and Massachusetts during the same bar exam since the state essay days are not on the same day. The same would not work for Connecticut and Massachusetts since the state essay section falls on the same day. Look into the two states you want to take to determine if it is doable. Keep in mind that you will need to be in the actual state for the essay sections, so travel and lodging will be an important factor to keep in mind.
2. Understand the application process for both states, and their requirements for sitting for a dual bar. Once you determine that you can take both bars, you need to fill out applications for both bar exams, indicating on both applications that you will be taking a dual bar (usually, it will ask you in the application). This also means different bar application requirements and different deadlines. Be sure to check the requirements and deadlines for both bars.
3. Determine which you will sit for the MBE section of the bar and let both states know in your application. Again, it is important for you to understand the requirements for each state – some states will require you to sit in a certain jurisdiction when you are taking a dual bar. For example, if you are taking New York and Massachusetts, you will need to indicate to New York that you plan to sit in New York for the MBE section (and let MA know that you will be sitting in NY for the MBE section of the bar). Failure to do this may mean that you are not on the list to get into the exam, so be sure that your applications match.
4. Make sure you transfer your MBE scores to the other state. Since you will be sitting physically in one state for the MBE, this means that the other state will not have you’re your MBE score immediately on hand. You will need to transfer your score to that state. Again, check the state’s procedure’s in regards to transferring the MBE score – you want to be sure that both states have it to grade your exam!
5. Determine which bar you must pass, and which bar you would like to pass. Of course, you want to pass both bars; otherwise, you wouldn’t bother to take them both. However, it is important to keep things in perspective. If you know what state you plan to practice in, that state bar should take priority. If you are taking a commercial bar course, you should choose the course for that state. Sometimes, law graduates will choose the state’s priority based on the state bar’s reputation of having a low pass rate. Keep in mind, this should be one factor you consider, and should not be a determinative factor. It is more important for you to pass the bar in the state you plan to practice law.
6. Be sure to understand the structure of the both bar exams, and get examples of actual answers to the state’s essay questions. Different states have different structures for the bar exam. What is the minimum to pass the bar? What does the state essay section consist of? For example, New York’s state essay section consists of NY specific multiple choice questions and a MPT on the essay day of the exam. On the other hand, Massachusetts’ state essay section consists of ten essays. NY does not have a page limit for writing essays, whereas MA gives you four pages to write your essay. See if you can get examples of actual bar essays for both state exams (New York posts these on their Bar Exam website). What does each state consider a “well-written” essay? Understanding the structure for both exams will lower the anxiety since you will know what to expect.
7. Determine what subjects are tested on each bar. Again, different states may test different subjects. While most states overlap what is tested, it is important to know the areas you will need to study.
8. Practice writing essays for both states. Regardless of which state bar you are taking, a well-written essay is crucial to pass a bar exam. Under the bar time restraints and pressure, it is easy to freeze up when trying to answer a question. Practice writing many essays from both bars, and if you do not have a tutor, re-read and analyze them. Did you outline prior to writing? Is the essay well-structured? Be sure that your answer analyzes the question asked. Look at each sentence and ask yourself the purpose of that sentence; Is this is legal conclusion (if so, did I properly analyze how I got to that conclusion?); Is this a statement of fact? Is this a statement of law? Did I miss any issues? Try to rework your paragraph so that the bulk of your paragraph contains an analysis.
9. Strengthen your MBE score. Since both bars will use the same MBE score, you want to be sure that your MBE score is strong. Typically (but not always), a passing rate will be the combination of both your MBE score and your essay score for the state (be sure to understand your state’s scoring system). This means a stronger MBE score may balance out weaker essays for your state essay sections – this is especially important for the state you are not focusing on. The best way to strengthen your MBE score is to do multiple MBE questions, and to analyze why you got the answer wrong.
10. Create a study schedule. As if taking one bar isn’t enough, you now have the pressure of two bar exams – MBE laws, state laws, contradicting laws…. How are you going to keep it all straight? The fact is, no matter how much you try, you will probably walk into the bar exam feeling like you don’t know everything or you can’t remember which state law is which. It is important that you have a study plan or schedule to ensure that you focus your time properly. Consider getting a tutor to work on a study plan and to help you with the study process.
11. Talk to other people who have taken (and passed) a dual bar in the states you plan to take. Find out how they managed their time, or other tips that they have about taking both bars.
12. Relax! Easier said than done, but remember, it’s only an exam, and at the end of the day, you can only do your best. You’ve already survived law school, and you will survive this too!