So the other night I popped into a nice downtown restaurant to say hello to the bartender there. He was a year behind me in law school, and was a buddy of a guy who shared this house with me my 3L year. He's smart, kind, and personable. He was active with the legal clinic and I read about one of his cases in the paper sometime after I graduated. I remember thinking, that's a good guy, and he's a lawyer with a conscience, doing really good work.
But he didn't pass the bar exam, not the first time, or the second, or the third, and so he's still a bartender. We talked about this briefly when I popped in to see him. He was bitter and angry about it. "You can do so much good with a law degree," he said, "but I can't get around that damn exam."
Now I know people from my law school who haven't passed the bar exam and some of them I think, "Thank heavens, and no wonder." But this guy isn't one of those people. He's bright, and conscientious. He SHOULD be a lawyer. I imagine whatever anxiety or mental barrier kept him from passing the first time intensified the second time and was crippling the third time. I think he's given up, and the profession is the poorer for it.
Now I have thought from the beginning that the bar exam is ridiculous. It doesn't seem to test for the practical skills of lawyering, and everyone knows that whatever substantive knowledge you've crammed into your head for the sole purpose of taking the exam will be gone almost immediately after taking it. I understand, vaguely, the rationale for some basic "bar" to keep chumps from bilking clients, but I do not believe the one we use -- a multiple choice exam designed to trick the unwary, for heaven's sake, accompanied by overly broad essay questions with unclear scoring criteria -- is narrowly tailored to effect such purpose. Sure, passing the bar is a hurdle that requires time management, self-knowledge, discipline, preparation, etc., and perhaps those are skills that will serve a lawyer well in practice. But planning a wedding or running a marathon are important life lessons that teach valuable lessons and skills that might serve someone well professionally. I'm not sure the bar exam is any more relevant to practice than those challenges.
And I've done nothing since passing the bar, other than drafting a long letter to the Board of Bar Examiners that I never sent, to effect any change. When I saw the bartender who could be a talented and compassionate lawyer I felt ashamed of myself.
I'm not an apologist for laziness or incompetence or dim bulbs. I don't want them admitted to practice any more than anyone else. Trust me when I say this is not the case with this guy. We have a filter that doesn't work, and the only ones who benefit from it are Bar Bri and perhaps a guild of lawyers who don't want additional competition. Those of us who've gotten to the other side should think about the fence that separates us from people who want to use their law degree, and whether it is too high.