Tuesday, October 1, 2019
July 2019 bar exam results are not due to be released in New York for a few more weeks, but already here in Buffalo we have glad tidings, for one of our students took the Florida bar exam and has learned that she has passed. What a thrill! One that will soon be experienced by many others across the land.
Is there anything else that prompts the same surreal combination of pride and relief? In an instant, a person’s very definition changes. They go from not possessing a certain authority to possessing it (at least after other formalities are met). Is it any wonder that the storied Jonathan Harker, wandering alone in a foreign land and distracted by the strangeness of it all, forgot for a moment his own momentous achievement?:
What sort of place had I come to, and among what kind of people? What sort of grim adventure was it on which I had embarked? Was this a customary incident in the life of a solicitor’s clerk sent out to explain the purchase of a London estate to a foreigner? Solicitor’s clerk! Mina would not like that. Solicitor—for just before leaving London I got word that my examination was successful; and I am now a full-blown solicitor!
Harker’s momentary pleasure at the memory of his bar passage is soon dampened, however, by the cold foreboding of the great estate he stands before – and no wonder, for only a few minutes later he meets the master of that castle, who greets him with the words, “Welcome to my house! Enter freely and of your own will! . . . I am Dracula. . .”
Whatever horrors Harker had to face next, at least he had made it past the doubt and anxiety that many people feel while waiting for their bar results to be revealed. Consider the unfortunate Mitch McDeere, the latest Harvard Law graduate to be hired by the high-end Memphis law firm of Bendini, Lambert and Locke. One autumn afternoon, Mitch is called unexpectedly into an urgent meeting:
Lambert, Avery, and what appeared to be most of the partners sat around the conference table. All of the associates were present, standing behind the partners. . . . The room was quiet, almost solemn. There were no smiles. . .
“Sit down, Mitch,” Mr. Lambert said gravely. “We have something to discuss with you.” . . . He frowned sincerely, as if this would be painful. “We’ve just received a call from Nashville, Mitch, and we wanted to talk with you about it.”
Poor Mitch immediately guesses what this is all about:
The bar exam. The bar exam. The bar exam. History had been made. An associate of the great Bendini firm had finally flunked the bar exam. . . . He wanted to speak, to explain that he deserved just one more chance, that the exam would be given again in six months and he would ace it, that he would not embarrass them again. A thick pain hit below the belt.
“Yes, sir,” he said humbly, in defeat.
Lambert moved in for the kill. “We aren’t supposed to know these things, but the folks in Nashville told us that you made the highest score on the bar exam. Congratulations, Counselor.”
The room exploded with laughter and cheers.
Surprise! Not what Mitch was expecting. Unfortunately, Mitch’s satisfaction is nearly as short-lived as was Harker’s, for less than two pages later, in John Grisham’s The Firm, Mitch McDeere meets an FBI agent who explains that the Bendini firm is mostly a front for the criminal activities of the Chicago Mob, and that attorneys who try to leave the firm always end up dead.
Dracula and The Firm were both sensationally popular novels, which suggests that there is something highly resonant about the notion of passing the ultimate test of professional ability, only to be led directly into a world of evil and mortal danger. I suspect some people enjoy the irony – He’s supposed to be so smart, but he wasn’t smart enough to avoid the King of the Undead or the Capo di Tutti Capi – and other people appreciate the moral question – Does mere intellectual knowledge even matter when a person is faced with a threat to his life and soul?
But law graduates might see yet another layer to these tales: After all this hard work to pass the bar, over three crushing years in law school and ten blistering weeks of bar preparation, is my “success” just going to take the form of an indenture to forces that seek only to exhaust my vitality to feed their own appetites? True, most attorneys do not end up working for vampires or gangsters, but even a wholesome job for a decent employer can feel like purgatory to someone whose interests and aptitudes lie elsewhere. When our students are no longer our students, when they have taken and passed the bar and are out there gainfully employed, is that the end of their stories?
There might be a brief frisson in thinking so. Isn’t that why people read suspense stories? But if there are two last messages we can leave our students with, they are that passing the bar is both an ending and a beginning, and that the skills they’ve learned in meeting that particular challenge will be skills they can use in meeting future challenges as well. If they can pass the bar exam, they can overcome anything – a misfit job, a toxic employer, even a threat to their lives and souls.
And Jonathan Harker and Mitch McDeere are evidence of this, because they each survive their ordeals. In both Dracula and The Firm, the heroes triumph by relying on three core competences – the same three competencies we emphasize in preparing our own students to pass the bar and to perform well in practice: knowledge of the law, application of sound personal judgment, and reliance on a network of support. Harker escapes from Dracula's castle by finding an unconventional route to freedom and judging that the risks of flight are smaller than those of remaining in place. Once he makes it back to England, he uses his legal skills to locate Dracula's hidden lairs, documented in a tangle of deeds and conveyances, and then he teams up with a band of friends to track down and eliminate the fiend and his minions. McDeere has the good sense to realize that neither the firm nor the FBI has his safety or best interests at heart, and, turning to a small group of family members of those previously hurt by the mob's activities, devises his own plan to use the legal tools he has learned to escape from the gangsters while passing along the evidence needed to bring down the Bendini firm. Sure, this is all fiction and fantasy, but fiction is often popular because it provides another way of telling a truth.
To everyone who finds out in the next few weeks that they have passed the bar examination: Congratulations, and may the rest of your life be just as successful. Know that you have the ability to make it so.