a) What is the passing rate for foreign LLM graduates?
Statistically, the passing rate is about 20% to 40%.
However, passing varies depending on your background, knowledge, experience, and skills.
(1) Statistics
Summaries of relevant information with regard to the passing rates are as follows:
(May 2019 Update) I updated the data for February 2019 exam.
(a) Washington
| 2017F | 2017J | 2018F | 2018J | |
| ABA-JD | 58.0% | 76.0% | 50.2% | 72.4% |
| Foreign/ LLM Graduate |
30.6% | 34.8% | 30.0% | 23.7% |
| Foreign Common Law Attorney | 0.0% | 25.0% | 12.5% | 40.0% |
| Total | 57.7% | 72.3% | 49.2% | 68.7% |
| 2019F | |
| ABA-JD | 52.8% |
| Foreign/ LLM Graduate |
29.3% |
| Foreign Common Law Attorney | 50.0% |
| Total | 50.8% |
Averages rates based on the above are as follows:
| February | July | Overall | |
| ABA-JD | 53.7% | 74.2% | 61.9% |
| Foreign/ LLM Graduate | 30.0% | 29.3% | 29.7% |
| Foreign Common Law Attorney | 20.8% | 32.5% | 25.5% |
| Total | 52.6% | 70.5% | 59.7% |
(Analysis)
Based on the above, the following can be inferred.
i) ABA-JD
Passing rates for JDs tend to range within 70–80% in July and around 50% in February.
ii) Foreign/ LLM Graduate
Passing rates for Foreign LLMs range within 20–40%.
(b) New York
New York has allowed foreign educated LLMs to take the bar exam for a long time. New York adopted the UBE in July 2016.
| 2014F | 2014J | 2015F | 2015J | |
| ABA Graduates | 60% | 77% | 55% | 73% |
| Foreign Educated | 30% | 34% | 26% | 33% |
| All Candidates | 47% | 65% | 43% | 61% |
| 2016F | 2016J | 2017F | 2017J | |
| ABA Graduates | 49% | 75% | 52% | 79% |
| Foreign Educated | 30% | 37% | 34% | 48% |
| All Candidates | 40% | 64% | 44% | 68% |
| 2018F | 2018J | 2019F | |
| ABA Graduates | 45% | 76% | 53% |
| Foreign Educated | 28% | 41% | 35% |
| All Candidates | 38% | 63% | 45% |
Averages rates based on the above are as follows:
| February | July | Overall | |
| ABA Graduates | 52% | 75% | 63% |
| Foreign Educated | 31% | 39% | 34% |
| All Candidates | 43% | 64% | 53% |
(Analysis)
i) ABA Graduates
Approximate passing rates for ABA Graduates range within 70–80% in July and are around 50% in February, same as that in Washington.
ii) Foreign Educated
Approximate passing rates for Foreign Educated range within 20–40%, same as that in Washington. Although the gaps are smaller than that in the ABA Graduates, the same pattern can be observed in the difference between July and February (high in July and low in February).
(c) California
California is well known for its low passing rates.
| 2014F | 2014J | 2015F | 2015J | |
| CA ABA Approved | 59.5% | 62.2% | 49.0% | 59.8% |
| Foreign Educated | 18.3% | 7.3% | 20.9% | 11.8% |
| Foreign Attorneys | 22.7% | 9.2% | 22.9% | 13.8% |
| Total (General Bar Exam) | 45.3% | 48.6% | 39.5% | 46.6% |
| 2016F | 2016J | 2017F | 2017J | |
| CA ABA Approved | 45.9% | 54.0% | 46.1% | 60.9% |
| Foreign Educated | 13.4% | 12.8% | 15.9% | 19.2% |
| Foreign Attorneys | 16.1% | 12.3% | 16.6% | 21.0% |
| Total | 35.7% | 43.1% | 34.5% | 49.6% |
| 2018F | 2018J | 2019F | |
| CA ABA Approved | 33.8% | 53.4% | 39.1% |
| Foreign Educated | 10.7% | 16.3% | 15.5% |
| Foreign Attorneys | 16.1% | 12.7% | 16.7% |
| Total | 27.3% | 40.7% | 31.4% |
Averages rates based on the above are as follows:
| February | July | Overall | |
| CA ABA Approved | 45.6% | 58.1% | 51.2% |
| Foreign Educated | 15.8% | 13.5% | 14.7% |
| Foreign Attorneys | 18.5% | 13.8% | 16.4% |
| Total | 35.6% | 45.7% | 40.2% |
(Analysis)
i) CA ABA Approved
Approximate passing rates for this category tend to be around 60% in July and around 50% or less in February. The same pattern can be observed between July and February (high in July and low in February).
ii) Foreign Educated
In most cases, passing rates for this category are less than 20%. In some cases, passing rates are around 10% or less.
iii) Foreign Attorney
Passing rates in this category are higher in comparison to that in the Foreign Educated category; however, the differences are minimal.
iv) Total (General Bar Exam)
All results are less than 50%.
(2) Conclusion
Based on the statistics for Washington and New York (UBE states), the following can be inferred.
i) JDs
Passing rates for JDs tend to range within 70–80% in July and be around 50% in February.
ii) Foreign LLMs
Passing rates for Foreign LLMs tend to range within 20–40%.
iii) July and February
Owing to the repeat takers, passing rates tend to be lower during February exams.
b) I am a foreign LLM. Can I pass?
It depends on your background, knowledge, experience, and skills.
However, in general, if you could successfully graduate from LLM courses, you can pass the bar exam, as long as you take the appropriate method and make the necessary effort.
Two big differences between JDs and foreign LLMs with respect to such a gap in passing rates are English language proficiency and legal levels.
For some (or many) foreign LLMs, English is not their first language. This could lead to their slower reading and writing speed compared with native English speakers. A small difference in each MBE or MEE question could be a significant amount when compounded over the entire exam.
Foreign LLMs typically study US laws for only one year, whereas JDs study them at a deeper level for three years.
This could be doubly disadvantageous for foreign LLMs. It could lead to their superficial understanding of each US law in comparison with JDs. Moreover, for some who were trained in civil law countries, US laws could be a completely different world.
In reality, the ”foreign LLMs” category does not necessarily mean a single type of person. Its substance can vary broadly depending on different attributes (e.g., background, knowledge, experience, and skills).
I assume foreign LLMs fall under the following four sub-categories.
| English proficiency | Legal skills | |
| Category I | High | High |
| Category II | High | Low |
| Category III | Low | High |
| Category IV | Low | Low |
For category I foreign LLMs
I think the passing rate, such as the 20% to 30% given above, is merely standardized statistics and does not necessarily apply to you. Your passing rate could be equivalent to or more than that of JDs. Try to earn as high score as possible in all exam areas (MBE, MEE, and MPT).
For category II foreign LLMs
Your projected passing rate could be between that of the JDs and LLMs. In general, you could enjoy your advantages in the writing portion (MEE and MPT). Try to move into Category I.
For category III foreign LLMs
The same observation for passing rate as that for Category II applies. Generally, you should make sure to keep the MBE area as your solid scoring source. Try to get into Category I as well.
For category IV foreign LLMs
Your rate of passing is at risk for now. It could be 20% to 30% or less. Move into Category II or III, and Category I afterwards.
As for me, I was completely in Category IV.
I was (and am) not good at English. My TOEFL score was around 90. Honestly, I was even nervous at listening to and writing down simple sentences on my answer sheet, which the exam administrator instructed and dictated before the start of the exam at the exam room.
In addition, some of the subjects (e.g., Real Property, Civil Procedure) were a completely different world for me.
I failed the exam at my first attempt.
On my second try, I passed the exam.
I think I could have moved into Category II or III.
What interested me when I glanced at the exam result score was that, contrary to my expectation, the increase in my MBE score between my first and second attempts was slight, whereas my MEE and MPT scores increased by about 40 points.
Based on my experience, I think I can say that even if you do not have a good command of English and feel like giving up on the writing portion (MEE and MPT) now, you could increase your scores dramatically by taking the appropriate method.
Based on statistics, JDs generally tend to pass the exam in the end with high possibilities on their first try, no matter how they prepared (e.g., even if they did not prepare enough for MEE and MPT).
Meanwhile, the need for LLMs to take effective ways to prepare for and take the bar exam is high, to ensure success.
For this reason, I mainly focus on foreign LLMs in this article.
I would be happy if you could find the following useful for you and that my work here can contribute to your success.
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