How Many Times Can You Take the Bar Exam? A Detailed Guide

You’ve graduated from law school (or maybe you didn’t), but that bar exam stands in the way of your law license. What if you don’t pass on the first try? How many times can you take the bar exam? Don’t worry, you’re not alone if you need multiple tries.

Only about 24% of repeat test-takers passed the July 2024 California bar exam, compared to 68% of first-timers. Those numbers clearly show how common it is to retake this exam.

However, the rules about bar exam attempts vary a lot depending on where you plan to practice law. In the U.S., each state sets its own rules for bar exam retakes.

I’m here to help you sort through it all. I’ll walk you through the different scenarios: states that let you take the bar exam multiple times with unlimited attempts, those that have discretionary limits (meaning there’s some wiggle room), and the few with strict absolute limits.

Key Takeaways

• Most States Offer Unlimited Tries: The majority of U.S. jurisdictions, including big ones like California and New York, don’t put a cap on how many bar exam attempts you get.
• Some States Have Limits (Flexible or Firm): About 21 jurisdictions have either discretionary or absolute limits.
• MPRE Attempts Are Usually Unlimited: You can generally take MPRE as many times as needed to pass.
• UBE Attempts: Some states will count your UBE attempts made in other UBE jurisdictions toward their own attempt limits.
• Failing is Common, Planning is Key: Many successful lawyers passed after multiple attempts. It’s crucial to know your specific jurisdiction’s rules from the start.

The Lay of the Land: Bar Exam Attempt Limits Across the U.S.

So, what’s the deal with how many shots you get at the bar exam? It really depends on the specific state or territory where you want to become a lawyer. Let’s break down the main categories you’ll encounter.

Good News! Most States Don’t Limit Your Attempts

In a lot of places, you can take the bar exam multiple times if you need to. About 35 states, plus some U.S. territories, don’t put a cap on how many attempts you get. This means if you fall short of the passing score on your first attempt (or even a later one), you can generally sign up for the next attempt without needing to ask for special permission.

I think this approach is great because it recognizes that not everyone passes the bar on their first try, and that doesn’t mean they won’t be fantastic practicing lawyers. Life happens, and sometimes it takes a couple of tries to conquer such a challenging exam.

Here’s a list of states and U.S. territories that generally don’t limit the number of times you can take the bar exam:

Jurisdictions Generally Without Limits on Bar Exam Attempts

Even in these “no limit” states, it’s worth remembering that taking the bar exam over and over costs money for fees and prep courses, not to mention the emotional energy and time away from work or family. So, while the state might not stop you, there are practical things that can make it tough to keep retaking indefinitely.

Spotlight on California

If you’re looking at the California bar exam, you’re in luck regarding attempts allowed – there’s no limit. You just register, pay your fees, and give it another shot if you need to.

However, there’s a little twist for some law students in California. If you’re attending a non-ABA-approved or non-California-accredited law school, you’ll likely need to pass the First-Year Law Students’ Examination, often called the “baby bar.”

For this specific exam, there are attempt rules if you want to get credit for more than one year of law study. You need to pass it within three administrations after first becoming eligible. If you pass on your fourth or more try, you’ll only get credit for one year of study.

Spotlight on New York

For the New York bar exam, the general rule also includes unlimited attempts. But if you’ve been unsuccessful four times, you can then only apply to take the February bar exam administration, not the July one. It’s a small detail, but it can affect your planning for your next attempt, especially since the February exam often has different pass rate trends than the July exam.

Some States Have “Discretionary Limits”: What This Means for You

Now, let’s talk about states that have discretionary limits. This means they set a specific number of times you can take the bar exam, usually somewhere between two and six attempts allowed. About 15 states and territories fall into this group.

If you reach that limit and haven’t achieved a passing score, you’re not necessarily out of options. You can petition the state bar or relevant authority for special permission to retake the bar exam. Getting this permission often means you have to show “good cause” or that there were extraordinary circumstances affecting your previous bar exam attempts.

What counts as “good cause” or “extraordinary circumstances” can vary. For example, in Texas, after 5 attempts, you need approval from the Board of Law Examiners. I’ve seen that people who successfully petition often show they’ve taken significant steps, like completing a new, intensive bar prep course or getting tutoring.

Similarly, West Virginia has a 4-attempt cap. To try again, you need special permission from the Board, and they might require you to complete a further course of study. The bar for these waivers can be quite high, and the burden is always on you, the applicant, to make a compelling case.

Here’s a table outlining these states:

Jurisdictions with Discretionary Limits on Bar Exam Attempts

The process to get an extension can be quite involved. You might need to submit detailed petitions, evidence of new study methods, or explanations for past performance. It’s not just a formality; these boards take their gatekeeping role seriously.

A Few States Have “Absolute Limits”: The Hard Stop

Then there are a few states with hard limits. This is the strictest category. If a state imposes limits this way, it means once you’ve taken the bar exam the maximum number of times allowed and haven’t passed, you generally cannot take the bar in that jurisdiction again.

There are typically no appeals or chances for special permission based on extraordinary circumstances. Once you hit that ceiling, that’s it for that state, unless you were to move to a different jurisdiction with different rules.

It’s a small number of states, thankfully, but if you’re planning to practice in one of them, you really need to know this rule from day one. Making every attempt count is critical.

The finality of these absolute limits is serious. If you’re considering one of these states, meticulous preparation for every bar exam attempt is even more crucial.

And again, be aware that states like New Hampshire and Rhode Island will look at your entire testing history, even attempts made in other states, when enforcing their limits. This means you could be ineligible in an absolute limit state before even sitting for their specific exam if you’ve had enough unsuccessful UBE attempts elsewhere.

Why Do Some States Limit Attempts?

There isn’t one single reason why some state bar authorities choose to limit the number of times you can take the bar exam. However, it often boils down to administrative policy and how they view the licensing process.

Some state bars believe that if someone fails the bar exam multiple times, it could be a sign that the person might need more education, a different approach to study, or perhaps even that a career in law isn’t the right fit for them.

Other states impose limits because they want to ensure that the lawyers they license meet a particular baseline of preparation and competence before they’re allowed to practice law and represent clients. It’s often framed as a measure to protect the public.

The bar exam itself, with its varying pass rates and perceived difficulty, is sometimes seen as a gatekeeping mechanism.

It’s generally understood that these rules aren’t meant to be punitive or to punish those who fall short. Instead, they’re part of the state’s responsibility to regulate the legal profession and uphold certain standards for becoming a practicing lawyer.

The National Conference of Bar Examiners (NCBE) develops key components of the exam, like the Multistate Bar Examination (MBE) and the Uniform Bar Examination. However, each jurisdiction ultimately decides its own admission rules, including whether to set attempt limits and what those limits will be. The fact that most states don’t have limits, and the reasons for limits vary, suggests there isn’t one universally agreed-upon philosophy on this issue.

What About the MPRE? Any Limits There?

Alongside the main bar exam, you’ll also need to pass the Multistate Professional Responsibility Examination (MPRE) in nearly every U.S. jurisdiction. This exam tests your knowledge of lawyer ethics and professional conduct.

Here’s some good news: generally, there’s no limit on the number of times you can take the MPRE. So, if those tricky ethics questions trip you up, you can retake the exam until you achieve that passing score. The NCBE, which administers the MPRE, doesn’t publish lists of who passed or failed, so your attempts are pretty private unless you share them.

However, don’t take the MPRE too lightly! Even though you can retake it, failing it can still cause delays in your journey to becoming licensed. Some states won’t let you take the bar exam, or won’t admit you after you pass the bar, until you have a passing MPRE score. This means that while the stakes for a single MPRE attempt might feel lower, repeated failures can definitely hold up your career plans.

The Uniform Bar Examination Factor

Many states have adopted the Uniform Bar Examination. The UBE is a standardized test that includes the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). One of the biggest advantages of the UBE is score portability: you can earn a UBE score in one state and transfer it to seek admission in other UBE jurisdictions, provided you meet their passing score and other requirements.

For instance:

• New Hampshire has a strict 4-attempt absolute limit, and they count UBE attempts you’ve made in other states toward that limit.
• The District of Columbia limits you to 4 attempts on any exam component. They also won’t let you transfer a UBE score if you earned it on your 5th or more attempt on the UBE, regardless of where you took those attempts.
• Arizona, under its Rule 35(c)(3), states that an applicant who has taken the UBE six times in any jurisdiction and failed to earn Arizona’s minimum score will not be permitted to take a further exam in Arizona unless the Committee on Examinations grants permission.

When you ask the NCBE to transfer your UBE score to another jurisdiction, they send an official transcript that includes your entire UBE score history with your UBE scores from all jurisdictions and all exam dates. So, the new jurisdiction will see every one of your previous UBE attempts.

What this means for you is that if you’re taking the UBE and think you might need multiple attempts, you need to be strategic. An attempt in a UBE state that has unlimited attempts could still count against you if you later try to get licensed in a UBE state that does have a limit and counts out-of-state UBE tries.

Facing a Retake? You’re Not Alone — and Yes, You CAN Pass

Okay, let’s talk about something really important: what if you didn’t pass the bar exam on your first attempt? First off, please know that you are in very good company. It’s way more common than you might think! The initial intimidation of the bar exam is huge, and it’s designed to be a tough test.

The American Bar Association noted that, in 2022, the first-time pass rate was about 73.87%, which means roughly two out of every ten people didn’t pass on their first go. So, if you fall short, you are far from alone. Plenty of successful lawyers, even a few Supreme Court justices, failed once, twice, or more before making it through.

Final Thoughts

Failing the bar exam can feel discouraging, but knowing your state’s retake policy gives you power – power to plan and persevere.

If you’re gearing up for another round with the bar exam, take heart. Every attempt is a learning experience that brings you closer to success. Understand your state’s rules (so you don’t get caught off guard by an attempt limit), learn from your past exams, and come back stronger.

Whether you’re in a no-limit state like New York or California or an absolute-limit state like Kansas or Mississippi, remember that thousands of people pass the bar each year on a retake.

So, my best advice to you is this: do your homework on your state’s rules early on. And if you do fall short, learn everything you can from the experience, adjust your game plan, and go after your next attempt.

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