When Failure is Not an Option
By Lisa McElroy and Katie Rose Guest Pryal, a UNC-Chapel Hill law professor who studies mental health issues and disability. Read Professor Pryal's regular Chronicle of Higher Education column here.
Ask any new law school graduate to
name her biggest fear, and you’ll likely receive a predictable answer. She’s
afraid she will fail the bar exam.
The fear of failing the bar is
ubiquitous among recent law grads; it’s not limited to the 40% or so of law
students who live with psychiatric disabilities like anxiety and depression. For that 40%, we can only guess
that the summer-long terror of failing to pass the most important exam of their
lives is even worse.
Speaking anecdotally, we know what
that terror is like. We both live with psychiatric disabilities. We both took
the bar exam. When we took it, though, the exam was as much within our control
as it is possible for it to be. Way back then, we hand-wrote our exam answers
in bluebooks, using yellow No. 2 pencils that we brought to the exam in clear
Ziploc bags.
Back then, no one we knew worried
that the exam itself would have SNAFUs. We worried about our own failures, not
those of the administrators.
Fast forward to July 2014. This
past Tuesday, the company tasked with processing the essay portion of most
states’ bar examinations failed epically. Perhaps because the company did not
anticipate the number of students who would be uploading files simultaneously
(how could it not?), its system locked
out thousands of test takers, preventing them from submitting their exam
answers.
On some law school blogs and
websites, bar candidates were reaching out to each other for support. Others
took to Twitter using hashtags like #barmageddon to seek camaraderie (often via
dark humor). But some of these posts are heartbreaking to read. Here are just a
few.
"All I wanted to do after that
stressful day was come home and chill out. Instead I spent an hour more
stressed out over the bar than I have been at any time including prep and
during the test itself."
"I’m on the verge of a nervous
breakdown, literally, and I just want to relax and try to collect myself for
tomorrow."
"This is so stressful and I just
wanted to review for the MBE tomorrow and relax."
"I need a klonopin."
"This sucks so, so bad. I can’t even
put into words the stress."
"Ugh this is so stressful. Examsoft
basically freezes every time I try to open it now. It gets stuck on that stupid
rainbow pinwheel."
Because these posts were
anonymous, it’s impossible to tell whether the applicants involved were merely
feeling situational stress or were dealing with mental health crises triggered
by Examsoft’s server issue.
The incident made us think more
mindfully about the concern we have every year—how the applicants with
psychiatric disabilities are coping with the fear of failure.
There are so many hurdles for
students with psychiatric disabilities (i.e., mental illness) to jump over in
order to even sit down for the bar exam in the first place—the most egregious
of which might be the invasive questions that bar examiners ask of examinees in
the name of determining “character” and “fitness to practice law.” So these
students are already walking into this exam feeling alienated from the entire
process because the questionnaire they had to fill out made them feel this way.
If they had to ask for any accommodations, that process was likely arduous and
invasive as well.
Now, after forking over thousands
of dollars and giving months of their lives to studying for just this one
multi-day exam that will determine whether they will be able to practice a
profession they have been attending school for years to prepare for, the
computer system crashed. For some students, this crash is merely stressful. For
other students, those who have psychiatric disabilities, walking into days two
(and three) of the bar exam were going to be torture. Because of the “fitness”
questions, they were already questioning whether the law profession even wanted
them. After #barmageddon, they were likely questioning whether they were cut
out for it at all.
New law school graduates—if you’re
reading this—you are cut out for
this. If we could do it, you can do it. You are not alone. And if you are
tempted to post on a message board or Twitter where unkind comments might
abound, think about posting here, instead. We won’t respond like this:
“Cry me a river. ExamSoft screwed
up, but the state bars remedied the situation by extending deadlines. What
damages have you suffered? Neurotic anxiety for a few hours? This is why nobody
likes law students.”
No, we’ll hear your fear of failure
for what it is: real, terrifying, and misunderstood.
Psychiatric disabilities will be
misunderstood in law schools (and in the legal profession) until more people
speak out and correct misperceptions. The only upside to #barmaggedon? Perhaps
it gives many an incentive to start.