I Passed the Ontario Bar Exams. How Many Failed? We Don’t Know

This week I found out I passed the Ontario barrister’s and solicitor’s exams. It was fantastic news. I started law school back in 2011, graduated in December 2014, and had been studying for about three months before the March sittings. I wrote about the actual exam experience here.

The best part was being able to get in touch with old friends after sharing the news:

Friends, I’m happy to report that I passed the bar exams. Thanks to everyone who supported me throughout the process. Special shout-out goes to MC, DM, ML and VE for their help.

Posted by Future Lawyer, Ivan Mitchell Merrow on Tuesday, April 21, 2015

How much should I be celebrating, now that I know I’ve passed? The truth is, I don’t know.

There are some opinion articles out there that say the Ontario bar exams are easy, while others talk about what it’s like to fail. It’s difficult to know how challenging it really is, because anecdotal evidence doesn’t tell the whole story.

The main problem is that stories cannot currently be confirmed or denied by statistics. The Law Society of Upper Canada (Ontario’s governing body for lawyers) doesn’t publish the exams’ failure rates.

That’s unfortunate. It makes it difficult to prepare or use diagnostic tests to predict success. It also avoids an obvious way we could be measuring Ontarian law schools’ effectiveness: by measuring graduates’ bar exam pass rates. That practice is common in the United States.

Why doesn’t the LSUC make this information public? Greater transparency would help new graduates prepare to meet a known standard, and assure the public that their new lawyers are meeting a difficult standard. Until then, we can only celebrate our success quietly, not knowing what odds we’ve really overcome.

I Failed in Law School and You Can Too

Originally published on Canadian Lawyer 4Students online

Nobody is perfect. If you came to law school believing that you were, chances are that the first year gave you doubts. Every year law school classrooms get filled with brilliant, hardworking and competitive young professionals. Being just one in the heap can be a difficult adjustment, especially for those who came from places where they were considered exceptional. It certainly was for me. I failed at more things in law school than any place I had before. Those failures helped me learn that missing the target is alright. I failed in law school and you can too.

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For most of us, failure is felt quickly and often in law school. Anyone familiar with the grading system knows that actual “F’s” are uncommon, but ask any law student and the feeling is rampant. We often mentally assign ourselves “F’s” for failing to meet our own expectations. Whether it’s about grades, body image, career, extra-curriculars, or relationships, law students tend to have high expectations live up to.

Law students’ monumental expectations start much earlier than 1L. They likely coincide with being asked to beat out thousands of applicants to be allowed to attend. Maybe our first acceptance package goes to our heads—we expect to be able to keep up the “top ten to twenty percent” pace indefinitely. The tragedy is that once we join the top ten to twenty percent, our success is redefined as the top ten percent of that group. Comparing ourselves to others is a losing game; it can only end in disappointment.

Before I graduated, I fell into the “other law students” comparison trap many times. Early on I spent most of my energy trying to be like the “others” out there. If you spoke to me about who I was measuring myself against, I would describe the group of law students who had it all: great relationships, lots of friends, supreme fitness, straight A’s, buckets of energy, and made law review. Whenever I dropped the ball in one (or all) of those areas, which I did frequently, I felt like I was way behind.

The problem was that that group does not really exist. If I had actually stopped and broken it down, it was actually an amalgamation of all the people in my class. I had magically combined many uniquely talented individuals into one person. In reality, nobody has it all figured out.

Job number one for law students should be to drop unfair comparisons. They are a distraction. Eventually I learned to measure myself against my own standard. For example, I had to learn the hard way that a heavy class schedule and multiple volunteer commitments did not leave enough time for a solid relationship. I started noticing how much I needed to sleep, study, relax, and see my family to feel successful. I also started noticing that I learned better outside class and away from the library. Perhaps most importantly, I learned that relationships take steady work to stay strong.

I only started improving in law school after I started focusing on my own priorities. Avoiding social comparison during law school helped me focus on what really mattered for my success. Refusing to compare myself to others still takes constant work. These days I still set goals and push myself, but my goals are grounded in reality.

Learning to measure ourselves by our own standard is the first step to overcoming a feeling that we are failures. Experiencing actual failure still feels terrible. It sounds cliché, failing a few times in law school helped me create some of my best successes.

My first law school failure was an actual “F” on a midterm. I attended class. I studied for the test. I read everything. Other people passed. I had no excuses. Even if it was not life-changing, it was a big deal. The first big deal in a legal career with many bigger deals ahead.

The real tragedy was what I did next: I avoided getting feedback. Instead, I ignored it and focused on the classes I thought I had a chance to improve in. At the time, that helped me avoid feeling like a failure. Later that year I came up against the same professor’s exam. I struggled and felt awful. Facing my failure earlier may have made that second test much easier. More importantly it would have helped me grow into a better law student.

Getting used to the idea that we can fail is important. In law school tests are temporary. In law practice the consequences can last a lifetime. Turning away from failure means we risk making the same mistakes later on. Failure intolerance makes us hesitate when we face challenging goals—the possibility that we could make a mistake is paralyzing. Procrastination is comforting because it prevents us from ever trying our very best, so we avoid true failure. Instead, if we make failure acceptable, we become free to do our very best and learn from mistakes as they happen.

It took me a long time, but I eventually built up the courage to acknowledge my failures head-on. That became critical during my legal job search. I was rejected from more than a hundred jobs and positions in law school before I secured a job at a great firm. The rejections were often impersonal. However, I also had rejections that felt devastatingly personal—after spending months networking and getting to know the recruiters and interviewers. My worst week started with multiple rounds of interviews, handshakes and dinners at several first-class law firms, and ended with the emptiness of zero job offers.

The last thing I wanted to hear was how I personally lost such great opportunities. The failure was deeply painful. I actually tried my very best and did not measure up. On the advice of a career coach, I eventually got the courage to follow up with a well-known recruiter I respected very much. I asked how I could improve. She candidly shared several key weaknesses that had proven fatal. It was difficult to listen to, but it helped me mature immeasurably. It is easy to walk away from failure with the belief that we bore no responsibility for the outcome. Instead I walked away with the very uncomfortable feeling that it was mostly my fault.

The upside was that owning my failure helped identify what I could control. Motivation to do better next time was still possible. The universe was not against me, nor was it 100% my fault. There were just some things I needed to improve before I could get where I wanted to be.

After picking myself up and getting back on the job hunt, I eventually landed a job at an excellent firm. A few rejections helped me improve enough to make a match. Learning to seek out and incorporate feedback helped me make my last semester in law school my best ever. I wanted to write this because I thought I spent most of law school trying to succeed. In reality, I spent all of law school learning how to fail. And you can too.

4 Things I Learned Reading My Law School Admission Essay

Before I graduated law school, I asked the admissions coordinator for a copy of my law school admission essay. My request came as a surprise.

“Not many people ask to see those,” she said. “Are you okay?”

I told her not to worry. I was just wondering why I originally applied to law school. The thought came to me after reading an article that compared University of Toronto law school admission essays to what those eventual lawyers really did. The article contrasts high ideals with “the reality” in large corporate law firms.

“Did my motivations change?” I wondered.

When I looked through the cloud for my old application essay, I couldn’t find it. Somewhere in the five years, two laptops, and multiple cloud services I used since applying it had gotten lost. Our administrator was kind enough to give me a copy. Reading my law school application essay was one of the most important things I did before graduating.

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For anyone unfamiliar with law school, the admissions essay or “personal statement” is every applicant’s one chance to tell their story. It’s completely unstructured, often with no page limits or guidelines. The blank page stares back and says, “Tell me about yourself. Why do you want to go to law school?”

After half a decade, I didn’t expect my application essay to still ring true. A lot happened in the five years since I had applied. Wikileaks was just unfolding. Snowden. The Boston bombings. China also surpassed Japan as the world’s second-largest economy. It’s hard to say how much those events influenced me. In that time I had also completed two graduate-level degrees, made mistakes, and learned a lot about myself.

When I read my law school application essay I learned four things:

  1. Passion is about action. When I wrote that original essay, there were a lot of things I could have talked about. I could have talked about big issues, world events, or the importance of a legal education. My passion really shone through when I talked about action. What I did spoke far louder than anything I could have said. Taking on early roles as a community leader, mediator, researcher, and writer showed I already had a passion for doing what lawyers do–even if I didn’t really know what it was like to be a lawyer.
  2. Vulnerability is as important as strength. Law school admission essays can be awful to read. It can be very difficult to read someone else promote themselves. When all that’s presented is strength, we want to turn away because it’s not real.  After reading my essay, I thought the best part was my struggle (and eventual failure) to learn Japanese. Addressing failure helps us stay human. It helps us show our resiliency. And it makes us trustworthy. Nobody is perfect, and I’m glad I didn’t try to be.
  3. The only way to know “what you want to do next” is past experience. Ever heard someone complain that they’re not sure what they want to do for an education, a career, or a next move? That was me before I came to law school. I wasn’t sure if law was really for me, and my uncertainty comes through in my writing. The only information I was proceeding on was from past experiences. Not everyone has known what they want to do since they were born. I certainly didn’t. For most of us, “what to do next” comes from past experience. We need to constantly try new things to learn about ourselves to calibrate our compass for the way forward.
  4. Our most difficult moments define us and refine us. Strangely enough, I was encouraged to become a lawyer by my first tough experience in university. I had to find an apartment off-campus when all my friends were moving into residence; I had forgotten to hand in my housing forms on time. Two things happened after I moved into an apartment off-campus: (a) I became much more social and outgoing on campus. (b) I found out how to break my lease legally by researching the Residential Tenancies Act. That early experience could have made me give up. I could have stayed isolated off campus and stayed put. Instead, the experience forced me to grow.

After reading the essay, I was relieved to learn my motivations for going to law school hadn’t changed. I still want to use law to be a leader in my community.

If you’re in law school, I highly recommend you read your admission essay before you leave. It never hurts to re-calibrate your reasons for pursuing a long-term commitment. If you’re not in law school, but you’re thinking about committing to something or someone or somewhere for years, you should try writing a personal statement.

Leave a comment if you do read your admission essay. What does it say?

Failure Should Be a Graduation Requirement

Every university and high-school student should be required to fail one course before graduating.

It’s easy to focus on achievement, and reward those who meet (or exceed) expectations of performance.  Our school system feeds its success obsession using standardized tests, pass rates, and college admissions as a measurement of its effectiveness.

The problem is that many of the highest achievers graduate without ever being challenged.  They never learn how to take risks and fail.

Failure Hitting the Ground

The pressure to have high pass rates have made it tough to actually fail in Ontario high schools.  I’m not saying we should celebrate the failure to show up to class, or failure from a total lack of effort.

Real failure is about trying your hardest, and still not making it.

If every student were challenged to that level, we’d have the opportunity to teach real life lessons.  How to ask for help.  How to come to terms with your weaknesses.  How to push on when you feel like giving up.

With admission averages to many competitive Ontario university programs continuing the “upward spiral” that began over a decade ago, it’s no wonder students are allergic to failure.

At my alma mater, the University of Waterloo, you only have a 40% chance of receiving an admission offer to civil, mechanical, or software engineering if your high-school grade point average (GPA) is between 85 and 90%.  If your GPA is between 91 and 95%, the probability of being admitted jumps to 85%.

I’m not an engineer, and frankly, I would have never been able to make into a program at Waterloo if I had applied.  Even with such high admission averages, Waterloo was failing an average of 20% of its first-year engineering classes.  This bothered people so much they suggested making changes to the first-year curriculum in 2010.

As a residence don for 1st year engineers at Waterloo, I witnessed first-hand what failure would do to some of those 18-year olds.  Adult responsibility for their own learning hit many of them like a truck.  Some reacted by doubling down and studying seriously for the first time in their lives.  Others escaped into virtual worlds online.

For those of us who overcame it, failure was the best lesson of our lives.  My first lesson with failure didn’t come until I took a Japanese course for credit, and was blown out of the water by classmates who had studied it as a second language in Hong Kong and China.  Failing test after test taught me how to push myself harder, to ask for help, and how to take responsibility for something marked with the letter “F.”

If every school required students to fail at least one course, it would make failing okay.  Students would be encouraged to take risks, and get seriously challenged without the risk of their average slipping to an unacceptable 89%.

To have the F count as course credit, the student should have to (1) reflect on why the failure happened, (2) make a plan to overcome it by using all the resources at their disposal, (3) develop a “plan B” if their first plan doesn’t work, (4) follow through with the plan, and (5) reflect on the experience.

What do you think?  Would this ever work?  Would this have enriched your overall experience in school, or should we wait until people graduate before they’re allowed to fail?

IvanMerrow.com Evolved

After a long slumber, IvanMerrow.com has reawakened and has started to evolve along with a changing set of priorities.  This is a brief breakdown of some of the changes I’ve made and the reasons why.

New Header; Accepted to Queen’s

For about a year now the header for IvanMerrow.com was a picture of the beautiful Toronto skyline, where I was proud to reside as a co-op student over a few seasons.  Soon after my location changed back to Kitchener-Waterloo (KW), and then to Ottawa for co-op, and then back again to KW so I could finish my undergraduate degree.  All the while I kept the Toronto skyline on IvanMerrow.com, knowing I’d be back before long.  However, I’m proud to say that in August I’ll be moving to Kingston Ontario, where I’ve been admitted as a dual JD/MBA candidate at Queen’s starting September 2011.  My header has been updated to reflect the change.

Out with the Old, in with the New

Old sections I got rid of that were no longer applicable:

  • “For Employers” section — originally this was an information page with some info to help employers learn more about hiring co-op students from uWaterloo, including an excellent promotional video from former UW President (now Governer General) David Johnston.  Now that I’m heading to law school, recruiters know everything they need to know about hiring summer students and articling students.  (If you’re still interested in hiring uWaterloo co-ops, check out this page for Prospective Employers)
  • “For Students” section — this has been transformed into the Archive where some of my old articles from the Imprint and IvanMerrow.com are stored that largely pertain to student affairs.  It was lucky that I decided to republish my old articles on my own website, since the Imprint recently underwent a website migration that wiped out access to archive issues (although the new site does look beautiful).

New features I added to keep up with the times:

  • Revamped my sidebar to include a broader list of legal experts and online resources (after being inspired by internet-savvy blawgers Law is Cool, Omar Ha-Redeye, Michael Geist, the Court and others)
  • Two Twitter account feeds, @IvanMerrow and @CanadianLawGuy (that may one day be integrated)
  • RSS feeds of the hottest legal news/issues blogs
  • A fairly comprehensive disclaimer in case my site becomes wildly popular or controversial
  • Streamlined the resume section so it’s easier to load, read, and navigate.

IvanMerrow.com remains an ongoing web development project as its goals change.  For now I’d like to see IvanMerrow.com originated blog content show up via links in Twitter, Facebook and LinkedIn feeds to drive traffic.  To gain exposure, I’d also like to start generating content worthy of contribution to some top Canadian legal blogs over the next two years.  Check back soon — you might be surprised at how much things have changed.