Georgia Mistakenly Failed 90 Bar-Exam Takers

The legal world was in for a shock yesterday when the Georgia Board of Bar Examiners announced that 90 test-takers who sat for the July 2015 or February 2016 exam were mistakenly told they had failed when, in fact, they had passed.

“As members of the Board of Bar Examiners, we take full responsibility for the integrity of the Bar Examination and are working to restore trust in the scoring process,” the state bar board’s chairman, John Sammon, said in a statement Tuesday.

“As attorneys ourselves,” he continued, “we recognize the seriousness of this mistake and deeply regret the distress we know this has caused. We have conducted a thorough investigation. We have determined the causes of these errors. Most importantly, we are taking steps to ensure this does not happen again.”

The bar board, which is appointed by the Georgia Supreme Court, sought to explain what went wrong, citing an “aberration” in scoring procedures: For the February 2016 examination, a different methodology was used for the score calculation, which yielded a different result. The Board of Bar Examiners decided to return to the prior methodology. This procedure resulted in passing scores for some who had been notified that they did not pass.

Even worse are the lives and careers that have been affected by this error. Many of those who were told that they had failed the exam (when they had, in fact, passed) lost their jobs, had to retake the bar (delaying their ability to practice law), and some are no longer in the legal field at all. And to add salt to the wound, they were offered just a simple refund for the testing error.

This incident altered the career trajectory of many promising lawyers, and in a situation like this, the 90 bar-exam takers who were erroneously told they had failed the exam can file a lawsuit. The victims could potentially sue for both special damages (such as loss of income or loss earning capacity) and general damages (such as emotional distress).

If you have been in a situation where you had a loss of income (or a loss of earning capacity) due to the negligence or errors of someone else, call Brogdon Champion, LLC today to discuss your potential case.