13 who thought they passed D.C. bar exam learn they actually failed

A paralegal at a law firm that works on immigration issues took the D.C. bar exam last summer. Months later, she heard from the D.C. Court of Appeals, which reviews admissions to the bar: She passed.

She estimated her pay would rise from about $54,000 a year to at least $70,000. She had graduated from a top law school, but she would now, officially, be a lawyer. She spent a long holiday weekend celebrating.

Four days later came the letdown: The Court of Appeals wrote to tell her she had failed the exam, her name wrongly listed among those who passed. It was blamed on a “sorting” error.

“The first 20 minutes, it was complete disbelief,” she said. “Just shock. I didn’t think that could happen. I never heard of a bar committee changing the results.”

The paralegal — who, like others affected by the error, spoke on the condition of anonymity for fear of damaging their legal careers — was one of 13 people mistakenly told they passed the D.C. bar exam in November. Months later, they are still trying to figure out how to reach this milestone after an emotional setback.

When asked about the incident, D.C. Superior Court spokeswoman Leah Gurowitz referred to a statement issued in November. It said the D.C. courts’ Committee of Admissions conducted “one last, final check” after posting the results online but before sending out scores to test-takers.

“At that point they realized that an error occurred in sorting the scores of the essay-only exam takers when the office prepared the list of those who passed,” the statement said. “Staff realized the gravity of this situation and worked to address it as quickly as possible.”

Twenty-five people were affected — 13 who wrongly thought they passed and 12 who wrongly thought they failed. The statement said a corrected list was posted and the incorrect list was removed from the court’s website — although a Washington Post reporter found the list there this week.

“We very much regret that this occurred, apologize to all of those affected and are taking steps to ensure it does not recur,” the statement said.

Three people who spoke to The Post who were mistakenly told they passed called it a frustrating experience. They explained the financial challenges of taking the exam — preparation materials and time spent studying rather than working — and questioned its relevance, even as they contemplate taking it again.

“Let’s be honest — I was expecting it,” said a D.C. paralegal who works with victims of domestic violence and was wrongly told she passed. “I’ve failed this exam before.”

The woman said she has taken the bar exam four times — twice in the District and twice elsewhere. She estimated she has paid about $1,600 to take the tests, plus at least $1,300 each time for a preparation course. (The District has waived fees for those affected by the error.) If she were to pass the bar, she estimated additional annual earnings of $40,000.

The paralegal said she dreamed of opening a nonprofit group working with domestic- violence victims or defending children’s rights. She wanted “the prestige” that comes with passing the exam as much as the additional salary, she said.

“At the end of the day, I know I’m smart, I know I’m capable. A test isn’t going to tell me whether I’m smart or capable,” she said. “A test is allowing me to do one thing — take a test.”

A woman working as a court clerk in New York who was wrongly told she passed called the exam a “silly” obstacle in her career. She has graduated from law school. She has written a judicial opinion and demonstrated that she can “succeed in high-pressure situations,” she said.

The woman said she gets “severe anxiety” when taking a test that supposedly proves she can practice law.

“Essentially, to pass the bar you have to get a D,” she said. “If I got a D in any of my classes in law school, I would have been put on academic probation and probably would have gotten kicked out.”

Taking the bar also took a financial toll, she said. After more than six years of living on her own, she moved in with her parents to study up to 12 hours a day for two months. Passing the exam would increase her salary by about $20,000, she said.

Consequences for those who cannot pass the bar can be dire. Juris doctors hired by firms on the strength of their law school performance can be terminated after failing to pass, not to mention the missed earnings potential.

Versions of the exam differ from state to state, although 32 states and the District offer a uniform version.

It’s not the first time that test-takers were given incorrect information about results. In 2014, the Nebraska State Bar Commission incorrectly reported 11 scores, including three students who thought they passed but later learned they failed, because of a clerical error. In 2015 and 2016, 90 students who took the Georgia bar were mistakenly told they failed when they passed.

The New York court clerk is already studying for the next D.C. bar exam in February.

“I don’t want to be held back anymore,” she said. “I want to be moving forward.”

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13 who thought they passed D.C. bar exam learn they actually failed