How to Look for a Job While Waiting for Bar Exam Results

Q: I took the bar exam in July, and am waiting for my results. I would like to work at a small to midsize firm doing defense-oriented civil litigation, but have had a very tough time getting a decent job. Either the firms tell me that they won’t hire me until after I pass the bar, or they offer to pay as little as $10-$15 an hour until I pass the bar. Do you think it would be better to suspend my job search now, and wait until I get my bar results in November?

A: Dear Lisa, There is no question that it can be more difficult to get a job before a firm knows that you have passed the bar. This is especially true in states such as California (and New York), where the bar passage rate is comparatively low. Some employers are understandably reluctant to assume the risk of hiring someone, only to find out that they haven’t passed the bar. Despite the frustrations you are currently experiencing, there are several reasons not to put your job search on hold until you get your bar results. First, it is generally easier to start a job search in October and November than in December. By the time you get sworn in, which in most jurisdictions takes place in mid-December, it will be harder to get hold of decision makers at firms. That means that if you stop searching now, you may effectively postpone your search until the beginning of next January. Second, as a recent grad, your biggest obstacle can be getting experience, and continuing to look for a job now at least gives you the opportunity to get additional experience now. And then there is the matter of compensation. Your question suggests that some of the firms you have contacting are paying substantially less until they know you have passed the bar. Given that you are interested in civil litigation on the defense side, the fact that you haven’t passed the bar poses relatively few restrictions on what you can do for a law firm. To be sure, you can’t sign documents or make most court appearances until you have passed the bar, but, to name just a few of the valuable tasks you can perform now, you can draft briefs, motions, and discovery requests, conduct research, and review documents. Thus, at a minimum, I would make the case that the firm should pay you essentially the same rate that they pay to first year associates that have passed the bar. You might ask whether the billable hourly rate for these two groups substantially differs. By emphasizing what you can do for the firm now, you may able to negotiate a higher level of compensation. And if you decide to accept a lower rate of pay now, find out in advance (preferably in writing) what your compensation will be (including benefits) once you pass the bar exam. A firm that refuses to provide this information may be signaling that will take advantage of you.

In addition, make sure that you are ready to join the bar as soon as you pass the bar exam. In many jurisdictions, this means you need to have passed the MPRE, and the state bar has completed its moral character evaluation. The moral character evaluation can take time, so make sure you and your references have provided the bar association all the information they require.

Finally, I hope you passed the bar exam, and good luck with your job search.