My clerk failed the bar exam by 10 points. I think he needs 11 points to win on an appeal. Has anyone heard of someone winning an appeal needing so many points. He wants to spend the money on an appeals attorney, but i thinks its a waste of money.

A bar exam appeal is limited to trying to find points on the exam taker's essays. I went to law school with a girl that appealed and received 10 points on her essay and passed the bar on appeal. Your clerk should order her essays transcripts from the board of law examiners and review her essay answers along with the model answers. It maybe a good idea to hire an attorney for law school faculty to assist your clerk with his/her appeal.

So, its possible to pass on appeal, but the more points needed, the more difficult it will be.

If the chances for winning on appeal are remote, then no big deal, the next bar exam is only months away.

Does the appeal mean you have to go to court?

No a bar exam appeal does not mean you go to court. I have done a few bar exam appeals and have acheived as many as 9 extra points for a failed bar examinee. But, when do these appeals the trick is how substantial the test takers answer was? Can you make an argument based on the test taker's answer that will get the appeal reviewers attention enough to give extra points? Its all based on how substantial the test takers answer originally was, and how creative you as the advocate can be. But the process has nothing to do with court. You appeal consists of explaining the answers of the test taker and providing support for you interpretation of that answer. I have heard stories of people acheiving 15 or more points on appeal, but have not seen it first hand. And, it is, I suppose possible. You have to remember that the persons grading your original answers are busy lawyers that read the examine over breakfast, over lunch or throughout their day and they have dozens to go through, so mistakes are not only possible, but probable. The level of mistakes just depends on the individual that is grading your particular question and how much attention they pay to detail.