Taking the bar exam and passing the first time with flying colors is a dream. But what happens if you don’t pass the first time around?
The number of times you can take the bar exam varies by state. Approximately 35 states, including California, New York, and Florida, have no limit on the number of attempts. In contrast, 21 states restrict the number of attempts to 2-4, with 15 of these states applying discretionary limits and 6 enforcing absolute limits. These regulations are designed to maintain the exam’s integrity and ensure candidates’ readiness to practice law. Candidates should check with the bar association in their respective states for specific guidelines and limitations.
Each state has varying passing rates for the bar exam, ranging from about 45% in California to as high as 81% in Oklahoma. These values come down to many factors like population and available law schools in each state. With these passing rates in mind, it is certain that some will have to take the bar exam multiple times.
Understanding which states allow limited attempts at the bar exam is important. Being informed on the limits for your state or jurisdiction can dictate your studying strategy if you are on your last attempt.
Luckily, most states allow unlimited attempts to pass the bar exam. There are 21 states that limit bar exam attempts, that range from 2-6 attempts. Some of those states have discretionary limits that allow additional attempts outside of their limit with special permissions. But there are some states that have absolute limits that barr applicants from retaking the exam in that state. States with discretionary limits will vary. Some may require extraordinary circumstances to permit another examination, while some may be more lenient.
The information presented below is based off various resources like the NCBE Comprehensive Guide to Bar Admission Requirements and a journal from the St. Johns Law Review. Be sure to double-check the requirements for your jurisdiction. One way to do this is by contacting your state’s board of law or office of bar admissions.
Once you are aware of your jurisdiction’s limits on taking the bar exam, you should have a better idea of how much effort to put into your exam preparation. Good news for you, we have free MBE practice tests to help brush up your knowledge. Additionally, we have a premium program that guarantees you will pass.