Law school graduate has failed the bar exam 6 times but still keeps trying

Anne Ryman | The Arizona Republic

Show Caption Hide Caption Arizona Summit Law School Arizona Summit Law School went from having the state's highest bar passage rate to the lowest.

PHOENIX — Samuel Goldstein is determined to become an attorney.

But there's one big stumbling block.

The 2013 graduate of Arizona Summit Law School has failed the bar exam six times: five times in his home state of California, which has one of the highest cut scores in the nation.

He flew to Illinois in February to take the exam because he heard it was easier to pass there. He needed a score of 266 out of 400 to pass. He fell short with 239 points, he said.

The years-long struggle has been draining for the 33-year-old.

"It's kind of like torturing yourself," said Goldstein, who has amassed $285,000 in student-loan debt.

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Goldstein is an extreme example of the predicament facing some Arizona Summit graduates who struggle to pass the bar exam.

The exam is offered twice a year in February and July and is necessary to become a practicing attorney in most states.

Only 31% of Arizona Summit graduates passed the Arizona Bar Exam on the first try, according to the most recent results. And only 14% of repeat test-takers passed, or 11 of 81 graduates taking the test in February.

The low passage rates prompted the American Bar Association to put the Arizona Summit on probation in March 2017 and require school officials to submit a turn-around plan.

Goldstein said he enrolled at Arizona Summit, formerly known as the Phoenix School of Law, because it was an ABA-accredited law school. He said he was unable to get admitted into ABA-accredited schools in the Los Angeles area where he lives.

Some of Goldstein's friends are recommending he quit trying to pass the bar and consider another career. He briefly considered their suggestions. But he really wants to work as an attorney so he plans to keep trying.

Arizona Summit officials acknowledge that not all graduates pass the exam on the first try. They said they offer resources to help graduates prepare, including a bar-exam prep program and referrals to tutors.

They've also made changes to boost passage rates, including raising admission standards and switching back to a more traditional law-school curriculum.

"The bar examination is passable," Arizona Summit President Don Lively said. "The key determinants are grit, stamina and dedicated study."

Arizona Summit officials have encouraged some students to take the exam in New Mexico, where it's easier to pass; Summit graduates had a first-time pass rate of 54% in February.

Like Arizona, New Mexico uses the Uniform Bar Examination, which can be used to apply to become an attorney in 28 states. Unfortunately, Goldstein's home state of California is not one of them.

The vast majority of graduates, 85%, take the bar exam only once, according to the National Conference of Bar Examiners. The group tracked the bar exam performance over five years, from 2007 through 2012.

About 9% took the test twice with the numbers dropping off considerably after the second try. Less than 1% took the exam more than five times. A handful refused to give up. The study found nine people took the test 11 times.

Goldstein said he has enrolled in bar-prep programs in the past and plans to redouble his efforts. If he passes the Illinois Bar Exam, he plans to move to Chicago or practice federal law.