May 21, 2013
Top Five Things To Do Before Bar Prep:
5. Clean your house/apartment/living space. Create a positive and productive work environment. Think about where you will study and how you can ensure that it suits your needs for bar review. Also, this may be the last time you have time to clean until August, so think about doing a deep clean and clear the clutter. Having a tidy work and living space will positively impact your studying.
4. Calendar! Print a blank summer calendar. (I like to see it on paper, but you can also use an online program.) Put all essential items on your calendar: bar review classes, exercise, child /elder care responsibilities, etc… Try to structure each day in order to create a realistic routine. Free time should also be on your calendar: meals, sleep, downtime, recharging activities, etc… Fill each hour of the day with either bar study/practice or a free-time activity. Doing this will help you to avoid procrastination and will help you use your time effectively during bar prep.
3. Talk to your family and friends. Show them your summer plan (and calendar). Better yet, send them copies of your calendar. Offer ways for them to provide you support (dinner, encouraging emails, childcare). Informing your significant others will keep them from hindering your success this summer and will provide you with a strong support system. You will need it!
2. Do something fun, spontaneous, and slightly wacky. Why? Since you will not have the luxury of being spontaneous this summer during your bar prep, having a madcap adventure can help satiate that desire until August. Nothing too crazy…but something memorable! (Seattle ideas: ride the wheel at sunset; go kayaking on Lake Union; stay out really late and then sleep in until noon; take a day hike with friends; ride the train to Portland to see the Rose Festival firework show; or check out a local concert, art show, or museum.) Take pictures and post them near your study space or on your fridge. These memories will help get through the long monotonous days of summer bar study.
1. Take time to reflect. Celebrate the end of your law school journey and reflect on how far you have come in the last three years. Write down your many successes and what you have learned about yourself and your learning style. Understanding what worked for you in law school and what challenged you will benefit you during your bar prep. And, reflecting on your past will help you transition to bar prep with a renewed sense of purpose and inner strength. You can pass the bar exam- believing in yourself is the first step!
May 08, 2013
The Hardest Bar...Is the One You are TakingA brouhaha has erupted among law students over an article from the ABA Journal that references recent blog posts that rank bar exams based on difficulty. One of these blog posts asserts that the Washington state bar exam is the third most difficult bar exam in the country. Could this really be true? Can state bar exams be ranked by difficulty? How is difficultly measured? Is it an objective enough characteristic to accurately make this type of conclusion? Is the article merely sensationalism? Are there too many outside, uncontrolled factors that would destroy conclusions such as the ones asserted?
First, no matter what you hear, the urban myths, tales from judges, friends, and fellow students, or articles such as the one in the ABA Journal, every bar exam is difficult. Or, possibly better stated, the hardest bar exam is the one you are taking… If there was a bar exam that was “easy”, wouldn’t everyone flock to that particular jurisdiction? If the bar exam was “easy”, wouldn't that particular state have problems with the competency levels of the attorneys that they license? If the bar exam was “easy”, what would be the point of administering it? Is it not a tool to protect consumers of legal services?
Next, what if the Washington bar exam is actually the third hardest bar exam in the country? What does that mean? Is this a deterrent to future bar takers? Is this an ominous warning to steer clear of imagining your legal career taking flight in WA? I hope this is not the case. Instead, I believe this is simply a result of generalizing. Comparing WA State’s bar exam, which was an essay only exam, to other state bar exams is like comparing apples to oranges.
Washington State was an outlier with regard to their testing format. (Note: WA will administer the UBE for the first time this summer.) Generalizing bar exam difficulty based on limited quantitative data, even when a regression methodology is employed, could lead to less external validity. Variables such as the specific testing measures and format, state bar association grading standards, student’s qualitative characteristics, and state bar associations internal set pass rate all affect pass rates; and, thus could skew rankings. As an Academic Support Professional, I find that a student’s qualitative characteristics and/or psychological factors more strongly influence a student’s ability to pass a bar exam. Quantitative factors are more easily calculated but are not always predictive.
Bar exams are difficult. Yes, some applicants struggle more with multiple-choice questions than with essay writing. Other applicants cannot stand the time and attention to detail required to achieve a high score on the performance test. Some applicants fear arcane legal concepts or nuanced legal theories that are not practical or relevant to their interests. However, the bottom line is that the bar exam requires extreme focus, months of studying, repetitive practice, and strong internal motivation. High stakes exams do not get more intense than the bar exam.
Focusing solely on statistics, whether you are a student or a teacher, is the wrong way to approach the bar exam. Remember, as attorney’s we read between the lines and pay attention to the fine print. Avoid the hyperbole in articles and blog posts such as the ones mentioned above. Instead, focus on what it takes to pass the bar...determination and hardwork.
April 18, 2013
Should I take a course just because it is bar tested?
As Amy stated in her post regarding Academic Advising, thinking about whether a course is bar tested is an important aspect of registration planning. Often, I am asked, “Should I take all of the courses that are bar tested?” My answer (as it is in many situations) is: “It depends…”
Therefore, when confronted with this question from students, I ask them a series of questions in return. This self-assessment helps students to become experts in their own learning and helps them to set appropriate learning goals for their future. Here are a few sample questions for your students to consider:
- How have you performed in your first year?
- Was legal writing difficult?
- Do you prefer multiple choice exams or essay exams?
- Can you identify characteristics you valued in your first year professors?
- Can you identify characteristics you disliked or did not work for your learning style?
- Did you have closed book, timed exams in your first year? If yes, how did you perform?
- Do you prefer large classes or small seminars?
- If your first year was (extremely) challenging, have you been able to assess why?
- What areas of law interest you most?
- Do you have a clear career plan? Practice area/job prospects/jurisdiction?
- What would be your ideal law school schedule?
Once these questions have been answered, I can more specifically address whether students may need to take certain bar tested courses or whether they need to work on other skills to help them succeed in law school and beyond. Taking bar tested courses merely for the bar exam is unwise. However, there are situations where taking more bar tested courses may be helpful.
If you do not have time to meet with students individually, you can give them a list of questions like these to review on their own. Once they have taken some time to reflect, you can post general advice regarding the skills necessary to pass the bar exam, how specific courses may help build those skills, and the specific subjects tested on the bar exam in your jurisdiction. This will help guide their course selection and will give them a better idea of what to expect on the bar exam.
March 15, 2013
A New Addition to the Multistate Bar Exam
The National Conference of Bar Examiners has announced upcoming changes to the Multistate Bar Examination. Civil Procedure is being added as the seventh content area on the MBE. Many of us knew that this addition was being contemplated, but we did not anticipate that this change would be implemented so quickly.
Per the NCBE memo, Civil Procedure will be added to the MBE beginning with the February 2015 bar examination. Thus, the number of questions per topic area will decrease. Once Civil Procedure is added, there will be 28 questions covering Contracts, and 27 questions covering each of the six remaining topics (Constitutional Law, Civil Procedure, Criminal Law, Evidence, Property, and Torts).
For some students, four less Property questions is a reason to celebrate! While for others, taking an advanced Civil Procedure class may be a wise option. Stay tuned for more information regarding the coverage for the Civil Procedure MBE questions. The Civil Procedure content outlines will be updated by June 30, 2013. However, for now, you can review the Civil Procedure MEE content outlines to get an idea of what to expect.
February 12, 2013
Selecting Your Bar Review
If you have not already, it is important to think about signing up for a commercial bar review course. In these economic times, many students ask me if taking a bar review is really necessary. Resolutely, my answer is always yes, a bar review is necessary to achieve success on the bar exam. Take your time to determine your options and how they will suit your individual needs. Bar prep courses are an investment, but one that is wholly worth it. Here are a few things to consider when selecting your bar review course.
- Determine your learning style. This may sound odd but I believe that knowing how you learn will help you select your bar review course. There are a few resources online(VARK and An Index of Learning Styles) or you can purchase a KOLB inventory and complete it on your own. Once you understand your learning style, you can ask the right questions and know what to look for when researching the bar review options in your jurisdiction.
- Figure out where you want to be licensed. Some bar review companies only offer courses locally, while others are available nationwide. Once you have decided where you want to take the bar exam, contact the bar review providers that offer courses in those areas. Contacting their offices directly will allow you to find out where, when, and how their course are delivered. This will also familiarize you with the specific individuals that you will be working with during your eight week bar prep course.
- Bar prep is a customer service industry. It is expensive and you want to make sure that you are getting what you pay for. Take note of the interactions you have with the representatives of the company. Are they responsive to your questions, do they provide examples of their product for you to review, do they want to accommodate your needs, and are they friendly and accessible? You want to have a good, no great, relationship with your bar review provider since you will be relying on them to help you take the most difficult exam of your life.
- Speaking of cost, do not jump at the course with the lowest cost before truly considering whether it will be a good fit for your individual needs. Yes, the price of the bar prep course is a consideration, but it should not be the only factor you consider. Remember the saying, “You get what you pay for.” Think about this when you research your options. When you call their office to find out about the specifics of the course, you can also ask about whether they offer scholarships, payment plans, or cost saving employment opportunities.
- Look at the actual materials and schedule that you will be using during your bar review. This will help you decide whether their philosophy and pedagogy will meet your needs. It will also give you a heads up on what to expect during bar prep. (Sometimes this is a huge eye-opener.)
- Consider signing up earlier, rather than later, for a bar prep course. I am treading lightly here because I know there is some debate about whether 1Ls should even be considering bar review but hear me out. Bar review companies are very competitive. By the nature of this competition, they offer promotions and extras to students when they sign up early for their bar review course. These extras can prove to be helpful study aids during law school and can help students get a jumpstart on their bar preparation. I advise students to take advantage of as many of the free extras as they can and only put a deposit down on a course when they have considered many of the above mentioned factors.
January 21, 2013
Planning Your Finances for the Bar Exam
An important piece of your bar exam preparation has nothing to do with Torts, Family Law, or Criminal Law. It has to do with planning ahead to ensure that you have a budget in place to pay for the expense of taking the bar exam.
A few ideas to get you started with your Bar Study Financial Plan:
- Create a budget that incorporates your bar review expenses. Make sure to include your bar review course fee, your bar exam application fees, examsoft fees if applicable, MPRE registration fees, your hotel/transportation during the administration of the bar exam, and living expenses while studying for the bar exam.
- Save a designated amount of money each month for your bar review. Put this money in a separate account or a “cookie jar” so that you do not unintentionally (or intentionally) spend it on something else. Try to make sure that you have scheduled enough months of saving to cover your projected expenses.
- Reduce your current spending (forgo that extra latte, brown bag it for lunch, or take the bus instead of paying for parking). Cutting out the extras can be a bummer but in the end, you will be happy to have saved enough to get through your bar preparation without having to work. It is unnatural to give up every luxury. Pick one or two things that help you feel good and that are good for you. If you enjoy your yoga classes or gym membership, keep those. If you like to get a smoothie or fill up at the salad bar once a week, you should continue. These are healthy choices that also make you feel good. Keep the treats that nourish you and pass on the rest.
- Discuss bar loans and/or bar scholarships with your law school’s Financial Services Office. If your finances will require you to apply for a bar loan, do not wait to research your options. Scholarships are numbered and due to the economic times there will be a great deal of competition. Learn about the opportunities in your State or City and apply early.
- You do not want to hear this but you could move back in with your folks. I know this may be a bitter pill to swallow. On one hand, you are an adult and you do not want to move back in with your parents. However, on the other hand, it is best to think about how you can save money while you are studying. Check to see if your relatives or friends have an apartment, cabin, or summer home that will be unoccupied or ask around to see if someone you know needs a house sitter for the summer.
- Graduation is around the corner. While you would rather use a gift of cash on a trip to Hawaii for after the bar exam, using graduation money to fund your bar study is a smarter and more fiscally responsible idea.
Although they are a costly endeavor, bar review courses are essential if you want to be successful on the bar exam. Planning ahead for the costs associated with the exam will lessen your stress and help you cope with the potential financial strain.
December 17, 2012
Early Bar Prep
Not taking the bar exam until summer but curious about what to expect? Thinking about ways to get a head start on your bar prep over the break? Want to have a better idea of what is required in your state when applying for the bar exam? Great! Advance planning is an essential ingredient in your bar exam preparation. Here are a few ways to get started without causing anxiety, taking too much time, or causing you to feel overwhelmed. In fact, these helpful ideas will help reduce the brewing stress that the bar exam produces and will help you feel more in control when you are studying for the bar exam this summer.
1. Plan financially for the bar exam. This could mean stocking away money every week reducing your current spending (forgo that extra latte, brown bag it, or take the bus instead of paying forparking), or creating a budget that incorporates your bar review expenses. Taking the bar exam can be an expensive endeavor. So even if we avoid the fiscal cliff, a substantial expense is still in your future. You should anticipate spending approximately $2000-$6000 for your bar preparation.
2. Make your hotel reservation. It may seem too early to call the hotel closest to the bar exam testing center, but it is not. Hotels book quickly and you want to have a choice as to where you stay when you take the most important exam of your life. Find out where your state bar will take place and research the hotels in the area. Once you have made your selection, call them directly and ask for the group rate, use your AAA discount (or other discount), or search online for the best deals.
3. If you have not already, sign up for a commercial bar review. In these economic times, many students ask me if taking a bar review is really necessary. Resolutely, my answer is always yes, a bar review is necessary to achieving success on the bar exam. Take your time to determine your options and how they will suit your individual needs. Bar prep courses are an investment, see item #1 above, but one that is wholly worth it.
4. Check out The National Conference of Bar Examiners (NCBE) web page at www.ncbex.org. You will find information regarding the MBE, MEE, MPT, MPRE, and UBE. There are also helpful articles and resources regarding every aspect of the bar examination process from bar exam application information, character and fitness issues, and psychometrics and scoring of the bar exam. Even if you have a limited amount of time, I highly suggest becoming familiar with the NCBE’s website.
5. Similarly, think about where you want to sit for the bar exam. Once you have thought through where you want to be licensed, determine the jurisdictional requirements in that state. Contact the licensing entity and review the Comprehensive Guide to Bar Admissions published by the NCBE and the American Bar Association. In this document, you will find information regarding every aspect of the bar examination and contact information for state bar admission agencies.
December 13, 2012
Repeat Bar Takers: "Let’s Make a Deal and Let’s Make a Plan"
When repeat bar takers come to me for assistance, there are many facets to my strategy to help them. In previous posts, I discussed how to lend support and encouragement, how to help them diagnose their weaknesses, and how to destroy their self-doubt. Now, the next and final phase is to start planning for their next (and final) attempt at the bar exam.
A strong plan will make a huge difference in their preparation. I ask them to map out the next two to three months. They can print a blank calendar; use an online program; represent days on index cards and tape them to a wall; or use a white board. But, I find that they need a visual because it provides motivation, perspective, and a finish line.
Realistic, achievable goals are important for repeat exam takers. Easily reached goals are ineffective; but, goals that are challenging but doable provide the incentive students need to keep progressing. One tip is to have them use learning strategies like chunking to guide their organization of the material that they will be studying. Taking small chunks or pieces of subject will help them feel more in control and less overwhelmed.
Although they may get a calendar from their commercial bar review, since they are repeaters, I ask them to create their calendar based on their individual priorities and needs. They may need to spend more time memorizing, or more time on a particular subject, or they may need to concentrate their time on essay writing practice. In multistate jurisdictions, some students may need to devote more time to the MBE questions than the written portion or vice versa. Yes, they need to study every subject and they need to practice within every subject, but I want their schedule to reflect the specific needs we have diagnosed.
In addition to creating a calendar outlining their study schedule, I ask them to infuse a few “rewards” into their daily or weekly routines. For some, a reward will be time for an exercise class or a run around the lake. For others, it will be enjoying happy hour with friends on a Friday night. For students with children, it is carving out time to suit the needs of their family. It is a mistake to leave these soul- filling, stress releasing activities off of their schedules. Plus, when a productive environment with sufficient break time is created, the student is less likely to procrastinate.
Before they leave my office, the reality is that I may never see them again, so I not only try to get them to make a plan, I also try to get them to make a deal. The deal is that they commit to passing the exam this time around. While this seems like a simple statement, the ripple effect is powerful. They have made a conscious decision in my presence to begin again and declare their ability to pass. Now, they are ready, they are empowered, and they are equipped with the tools to help them succeed.
Best wishes to all of the repeater exam takers this coming February!
December 05, 2012
Diagnose, Deliver, and Destroy
I know this title sounds like a new Hollywood apocalyptic action film; but, it is not. Instead, this is the next step that I suggest repeat bar examinees take in their journey to passing the bar exam. Once these grads have processed their emotions regarding their bar results, they are ready to look toward the future.
Diagnosing weaknesses from their past exam is helpful so that they know how to effectively structure their study schedule for the upcoming exam. I read through their essays and look for accurate and complete issue identification, errors or law, and their use of key facts in their analysis. (The WA bar exam is currently essay-only.) I also pay close attention to their organizational framework and approach to each essay. I find that students with weak organization likely did not write enough practice essays. Or, they wrote practice essays during bar review; but, they either did not write the essays under testing conditions (closed-book and timed) or they did not evaluate their essays after writing them. I ask them to assess how they studied for the bar the first time and to think about ways they could improve their routine.
Delivering tough love is also a necessary part of this process. Sometimes delivering tough love along with pointing out their imperfections is too much for them to take in one sitting. One must tread lightly and gauge emotional stability when dealing with repeat bar exam takers. While you may hear Aaron Neville crooning the song “Tell it Like It Is” in the back of your mind, these repeat exam takers may not be prepared mentally to hear what you have to say. If you recognize that they have not already reached a level of acceptance with their results, they may not be ready to move forward with the rest of the meeting.
However, it is counterproductive to merely tell these grads what they want to hear. They are in my office for my honest opinion about what they did wrong and how they can remedy those defects. Thus, I offer constructive criticism and try to deliver it with a spoonful of sugar (…it helps the medicine go down). As mentioned in my earlier post, I always have a basket full of chocolate nearby and that seems to help.
Likely, there are high points in their exam file. I focus first on a good example or concentrate on a higher scored essay. Then, I move to an essay that may need more work. By evaluating their strengths and weaknesses, they have a better understanding of which features to maintain and which to change. In recognizing their strengths; they build confidence. In understanding their weaknesses, they build up their determination and resilience, which they will need in order to move forward.
Together, once we have diagnosed the flaws in their past exam and identified their strengths, I instruct them to put that exam away and stop thinking about it. They can no longer change what happened during that 2 day exam. It was a snapshot in their life, which will be filled with a million more. In order to move forward, one must let go of the past. It is time for them to destroy their self-doubt. It is time for them to destroy the negativity around their past experience. They cannot make a new plan without first destroying any uncertainty that they have in their ability to pass.
July 20, 2012
Don’t “Choke” on the Bar Exam
Recently I had the opportunity to attend a lecture given by Sian Beilock, Associate Professor of Psychology at The University of Chicago and author of Choke: What The Secrets of the Brain Reveals About Getting It Right When You Have To. The lecture focused on the science of why individuals choke under pressure and how to best avoid performance anxiety. While the lecture did not focus on the stress applicants feel taking the bar exam, it was wholly applicable.
When pressure and anxiety to perform is high (like the bar exam), the brain’s prefrontal cortex, which is responsible for our working memory, focuses on the anxiety instead of recollecting essential information for successful performance. When a student is filled with too much anxiety, regardless of their aptitude, the anxiety interferes with their thought process and almost turns off their working memory to anything other than the stress of the event. This is why we often see highly intelligent and capable students perform below expectations in testing situations.
There are several ways to help students avoid this prefrontal cortex reaction. One, which is often employed by commercial bar reviews, is taking practice tests under timed conditions. These simulations help the brain overcome stress and will likely prevent students from “choking” during their actual test because they have established coping mechanisms to deal with their stress. Therefore, during the real test, they can practically operate on autopilot without stress interfering with their working memory.
Additionally, positive self-talk is an important aspect of testing success. Professor Beilock suggests that writing about your stress for ten minutes before an exam will free working memory. This cognitive function can instead be applied to performing well on the exam.
The simple act of acknowledging fear and stress prior to taking the bar exam could make the difference between passing and failing. I have told each of my students, especially those struggling with intense testing anxiety, to try the writing exercise each morning of the bar exam. I am hopeful that it will calm their fears and help them reach their highest potential next week.
May 26, 2012
Start Right and Stay on Target in Bar Preparation
As the various bar review courses get under way, I wanted to list some of the common mistakes that I see graduates make in their bar preparation:
- Decide to save money and not take a bar review course.
- Coast the first few weeks and lose valuable time in their preparation.
- Look for shortcuts rather than smart strategies: shortcuts undermine learning while smart strategies increase learning.
- Lose their common sense: they do not evaluate what is or is not working in their studying and make adjustments as needed.
- Completely ignore studying for some portions of the bar exam because they are worth less in the weighting (examples: MPT or state evidence/procedure section).
- Go overboard on studying and exhaust themselves before they get to the exam itself.
- Avoid doing lots of practice questions because their percentages are low initially.
- Spend too much time on non-bar-preparation interests: going on a cruise, planning a wedding, remodeling a house, perfecting their abs, training for a marathon (all of these are real-life examples).
- Waste time on e-mail, Facebook, Twitter, and other electronic distractions.
- Work part-time or full-time while preparing for the bar.
- Focus on doom and gloom and convince themselves that they will fail so that they fulfill that prophesy.
- Lack a support group while they are studying for the bar: other bar studiers can encourage one another, answer questions, and keep each other accountable.
- Lose sleep, eat junk food, give up exercise, depend too much on sugar and caffeine: a healthy lifestyle is essential to successful bar preparation.
Best wishes to all of our graduates who are starting their bar exam preparation. (Amy Jarmon)
May 25, 2012
Bar Prep Before Bar Prep
At the end of the semester, students often ask me if they should begin their bar preparation prior to the official start date of their commercial bar review course. Little did they know, my answer to this question is quite lengthy. I do not have a simple response because every student has unique needs and varying circumstances.
Some students should get started studying for the bar exam directly after graduation because the earlier they get started, the easier bar prep will be for them during the summer. These students may have struggled with essays writing, IRAC format, memorization, or simply take longer than most to grasp the law. If they do know how to get started, they should discuss their needs with their commercial bar prep provider or their Academic Support team. Since most bar prep courses have online components (lectures, workshops, MBE practice etc.), it easy to begin studying before your scheduled course begins.
Some students finish law school feeling completely exhausted and totally drained. Unlike the students who need to begin bar study early, these students really need a break after graduation. Using the week or two interim between graduation and bar review to renew, recharge, and refresh is the best way for them to ensure success during their bar prep. Not everyone will be lucky enough to spend a week in an exotic destination or on the beach, but even taking a short break from their daily academic routine is just what the doctor ordered.
For both groups of students, it is a great time to get organized. They should create a positive study environment by clearing clutter and cleaning out their living space. They should buy a large paper desk calendar and add the classes for their summer bar review schedule and any essential items or events that they are unable to delegate or eliminate over the summer. Seeing what their life will look like on paper will help ease the shock.
While calendaring, it is easy for students to fall into the trap of filling every second with bar study. Instead, prior to bar review, I encourage students to think of a few ways to find respite from their upcoming, countless hours in the library. Joining a yoga class, carving out time for a date night, or sitting in the sun with friends for a few hours a week can be hugely beneficial. If students plan and calendar these breaks and treat them like a reward for their hard work, they are more likely to stave off distractions during their study time. While I am the first one to tell them that they need to devote 10+ hours a day to studying for the bar exam, I am also a huge proponent of finding balance. (Lisa Young)
May 14, 2012
Two Most Common Bar Exam “Confidence Traps” by Ronald Dees
The Two Most Common Bar Exam “Confidence Traps” and How You Can Avoid Them
By Ronald D. Dees
Building and maintaining a healthy confidence level is an important component to overall bar exam preparation. There are typically two “Confidence Traps” that cause examinees to be at risk of performing poorly on the bar exam. Students can either be so paranoid about failing that they lose confidence and literally allow their fears to overwhelm them, or on the other end of the spectrum a student can be too confident and thereby underestimate the level of preparation necessary to be successful. By knowing the traits of students who typically fall victim to these “Confidence Traps,” you can evaluate your bar exam confidence level in order to avoid falling into the traps.
The most common confidence trap is the “paranoia trap.” This student is the one who allows his lack of confidence to overwhelm him. The causes of the lack of confidence can be many things. Perhaps the student performed somewhat poorly in law school, or for some reason just does not feel like he can handle the stress and difficulty of preparing for the bar exam.
The key to success for students who lack confidence for any reason is to develop a study plan designed to build confidence through self-assessment and feedback.
If you find yourself in this category, know that you are not alone and the best way to overcome these feelings is to construct a study plan that will help you build a healthy confidence level over time. Doing so will cause you to reach a point where you will know in your heart and mind that you are ready to perform well on exam day.
Many bar takers lack confidence and almost everyone feels overwhelmed by the volume of material they are presented with during bar preparation. Don’t allow such feelings to defeat you. First of all, you must remind yourself that no one gets every question correct or writes perfectly edited script on the bar exam. Secondly, everyone who has ever taken the bar exam felt like they could have used a few more days or weeks to prepare. No student can possibly know “all” of the law. However, if you prepare diligently, on exam day you should feel that you are as well prepared as anyone else in the room and are probably prepared better than most. That feeling itself is a great confidence booster.
Self-assessment and feedback are the keys to building a healthy level of confidence. Throughout your bar preparation, track your progress as you improve on your MBE test questions and take note as you succeed in memorizing more and more law. Write essays and turn them in to someone in your school’s Bar Services or Academic Support Program for review and feedback. If your school does not have such a program, find a professor who is willing to look at your essays and give you feedback.
Another facet of avoiding the paranoia trap is to make a study plan that you feel confident about. It should be one that you know will work for you based on your past success. Stick to your plan, work hard, and work smart. Identify the things you have done in the past that were not helpful or were detrimental to your studying or study habits, and eliminate those things. Constantly assess your plan and be willing to get rid of things that are not working and do more of the things that are working well for you. Keep in mind that you don’t have to have the best score on the bar exam, you just have to pass. However, you want to prepare like you are trying to earn an A, so that even if you have a bad day, you can still be confident that you are capable of scoring a C and passing the exam.
Not as common, but still worth discussing are those bar takers who fall into the “overconfidence trap.”
The student who may fall into this trap underestimates the difficulty, complexity, and demands of proper bar exam preparation. This student typically self identifies as very intelligent and falls into one of two personality types. She may have been either a top-of-the-class “Law Journal Type,” or she was what I refer to as the “Voluntary Under-Achiever.”
The key to success for both of the above types of students is to develop a healthy respect for the difficulty of the bar exam.
The Law Journal Type thinks to herself, “I am one of the top law students in my class, so passing the bar exam is not going to be a problem for me. I will study for it a little, but I am smart enough to pass the bar exam without much real effort. I mean, after all, it is just a test of minimal competency. No problem for a smart girl like me.”
The Voluntary Under-Achiever has trouble staying devoted to studying and typically does just enough to get by. She is smart and knows it. After all she was smart enough to make it through law school with average or above average grades while putting forth only moderate effort. She thinks to herself, “I am a smart girl and I pretty much skated through law school with no problem, so I can do the same on the bar exam. I’ll put in a few hours of study time here and there and maybe cram a little just before the exam, but I don’t need to study for hours and hours, day after day, week after week. I never had to study that way in college or law school and I still passed, so the bar exam should be no different.”
Both of the above types of students need to develop a healthy respect for the difficulty of the bar exam. If you fit into either of these personality types, you need to realize early on that the bar exam is a lot like law school finals, except that it is about five to ten times as difficult. You see, final exams in law school are usually tested over a two week period and you may even have some time to prepare between tests. Furthermore, you typically take four or five classes per semester, so you only have to prepare for four or five legal subjects. Also, many times one or two classes might be a “paper class” where turning in a paper is the final, and one or two classes might also have an open book exam. So, you actually only have to memorize the law for one to three subjects to prepare for finals.
On the bar exam, you will need to memorize the rules of law for 15 to 20 subject areas depending on what is tested in your state. Thus, it will take five to ten times as much work to prepare for the exam as it did to prepare for finals. If you spent three to four weeks preparing for finals, you would need thirty to forty weeks to prepare for the bar if preparing at the same pace that you used in law school. Now, obviously you don’t have that many weeks between graduation and the bar exam, so you are going to have to devote more time per day and per week to studying for the bar than you did in law school, even though you are really smart. Otherwise, you risk being poorly prepared and having an unsuccessful result on the exam.
Developing a healthy respect for the difficulty of the bar exam will help you avoid falling into the overconfidence trap and will motivate you to develop and stick to a study schedule that reflects the time commitment necessary to properly prepare.
In conclusion, the key to this success for all students is to balance a healthy respect for the difficulty of the bar exam with the confidence that comes from being well prepared on exam day. You can allow that healthy respect to motivate you to prepare properly, and in turn, knowing that you are well prepared will help you maintain your level of confidence, reduce stress, and improve your performance on exam day.
February 16, 2012
Resource for Students Studying for the MPT
As many of us know, the best way to prepare for an exam is to first know the exam and the skills it will test. Knowing what to expect and how to prepare for the Multistate Performance Test allows for greater success on this portion of the bar exam. For this blog post, I am reviewing Perform Your Best on the Bar Exam Performance Test (MPT) by Mary Campbell Gallagher.
The Multistate Performance Test is a closed universe legal writing problem that tests essential lawyering skills in a timed session. The National Conference of Bar Examiners drafts two MPTs each bar administration. Jurisdictions select whether they want to include one or two MPTs on their bar or whether they prefer to include a state written MPT on their bar exam. Over 35 jurisdictions currently include the MPT as a component of their bar exam. Therefore, this MPT resource is relevant to many ASPer's, law school students, and recent law grads.
In Perform Your Best on the Bar Exam Performance Test, Mary Campbell Gallagher sets out a "Four Part Perform You Best MPT System". This system is laid out in an easy to follow step-by-step approach with detailed directions and benchmark timing guidelines for each step. Since applicants only have 90 minutes to complete each MPT task, efficient time management is essential. These timing guides are right on the mark and will help ensure that students begin their MPT study routine with these important time limits in mind.
In addition to the time saving system for organizing and drafting MPTs, Dr. Gallagher has also included several sample MPT Tasks with analysis, sample answers, and her MPT Matrix. By having several different MPT tasks to practice, applicants will feel more prepared for what the examiners decide to include on their upcoming bar exam. Reading and understanding various task memos will also allow applicants to easily adjust their approach, tone, and format.
Practicing MPTs, creating a system for approaching each type of task, and self assessing individual strengths and weaknesses are beneficial tools for MPT preparation. This book is useful for students in early bar prep during law school or as a supplement to their bar prep materials during their bar review period. I encourage you to check it out and to recommend it to students that may need extra help with the MPT.
January 29, 2012
Guest Post on Bar Prep by Courtney Lee
This is a blog post I share with my students on the Monday before the bar exam, when they need that final push to go forth and conquer. I write with the California Bar Exam in mind, but the general ideas can transfer to other jurisdictions.
Tant que je respire, j’attaque!
It’s finally here! Hopefully you set a time today to stop studying so that you can relax and attack the exam with a fresh mind tomorrow morning. Trust me, you’ve been studying for months and a few hours will not make much, if any, difference. As you start to wrap things up, here are a few last-minute reminders:
Mind the clock!
It’s the cardinal rule of bar prep: Do not exceed 60 minutes on any California Bar essay question! No matter how difficult a particular question may be, no good can come from spending more time on one answer at the expense of others. A graduate once admitted to spending extra time on a question that was complex and contained a lot of issues. He received an 85% on his answer – a terrific score – but it was not enough to compensate for the scores he received on the other essays that he had to rush through.
You have no greater friend on the California Bar Exam (aside from your watch) than IRAC. Even if you encounter a “throat-clearer” issue, you can still use IRAC and make your grader happy. For example:
A witness may not testify to a matter unless the witness has personal knowledge of the matter. Here, Wit saw the accident occur, so Wit has personal knowledge.
That is a very short analysis, but it still follows the IRAC format. IRAC keeps your answer organized and is what your graders want and expect to see, so don’t deviate.
Zip your lips!
No matter how tempted you are to rush out of the testing center at lunch and double-check every detail of your answers with your friends before you forget, resist! Graders look at your answer holistically, so why bother comparing your thoughts with someone else? There is a Contracts question on file where the two released answers each decide differently on the UCC/Common Law issue. Can you imagine if those two applicants had discussed their answers with each other after the exam? Each would have spent the next four months fretting about failure, when in reality they wrote the two published answers.
This one is difficult, but important: If you encounter a question on which you draw the dreaded blank, do not panic. All panicking does is waste time. Instead, there are a couple of proactive measures you can take:
What would my mom say?
When I took the bar, the second essay question covered a topic our commercial review professors promised would hardly be anywhere in the MBE, let alone in the essays – yet there it was. Instead of freaking out and thinking about how certain I was that I would fail (okay, maybe I did that for a minute), I thought about the question from a lay perspective: what would my mom, who never went to college, say if I asked her this question? Remember, the examiners are not trying to trick you. If you think about it logically, you probably will kick-start your brain and be able to pick out the issues and even remember some (or all) of the rules.
If you can’t remember a rule, read through the facts again with a critical eye. Why was Fact A included? Why was Fact B included? The examiners tailor their questions so that almost every fact can be used in an applicant’s answer. By reading through the facts and hunting for clues, you can probably “reverse engineer” the rule by picking out the facts that illustrate the elements.
Finally, and most importantly: NEVER, EVER GIVE UP!!
I was reasonably sure that I failed that second question; in fact I’m still not convinced that I got a passing score on it. Unfortunately I also encountered a couple of other questions (not just one) concerning subjects that I did not expect to see at my sitting. On top of all of that, I felt completely confident about five MBE questions – literally, five out of two hundred! But none of this matters because I stayed calm, answered to the best of my ability, and passed the exam as a whole.
So you encounter a curve ball, and you swing and miss. So what? That’s only one strike. If you throw down your bat and walk away, you might miss out on hitting the game-winning home run! Cheesy analogies aside, you simply have to stay positive and keep attacking each question with confidence, even if you have to fake it.
The title of this entry is a quote from Bernard Hinault, who won the Tour de France five times in the 1980s. Translated to English, it means, “As long as I breathe, I attack.” Take that attitude with you into the bar exam for the next three days, and no matter what they throw at you, don’t let it phase you. As long as you breathe, you attack!
I will be thinking of and rooting for every one of you this week!!
December 12, 2011
Teaching Bar Takers the Importance of Accurate and Complete Rule Statements
A guest post from Ron Dees, of Washburn Law School:
A tool for teaching bar takers the importance and value of accurate and complete rule statements:
As you all know, many times students fail to memorize and/or transcribe accurate and complete rule statements into their exam essays. This almost always leads to incomplete analysis due to missed issues and missed opportunities to discuss facts relevant to those issues. It can also lead to incorrect conclusions. Incomplete analysis and incorrect inclusions in turn lead to lower overall scores on exams. This is an issue that is relevant throughout law school, but is even more important on the bar exam because bar exams are rule based exams. That is to say that legal theory and policy are not heavily tested. What is tested on bar exams is the examinee’s ability to reach a well-reasoned conclusion by applying the rules of law to hypothetical fact situations.
Even after three years of law school, some bar takers simply don’t seem to realize the importance and usefulness of rule statements. They sometimes seem to think of rule statements as nothing more than a technicality to be placed at the “Rule” place marker section in their IRAC or CIRAC format. Thus, it is often necessary to show them the importance of using accurate and complete rule statements. Doing so will help the student do a more complete analysis, and the student will begin to realize the added value of rule statements when shown how using rule statements as outlines for analysis makes formatting and writing essays easier. That in turn can help lower exam stress levels, because the student will feel confident that the rule they memorized during study can be used to easily format essays on exam day.
A simple table can be used as a tool for teaching the importance of accurate and complete rule statements. As the table below shows, breaking down the rule statement into its individual parts or elements allows the student to quickly form an outline for the analysis portion of their essay before they begin writing. This outline allows them two advantages. First, their writing will be well organized and secondly the outline serves as a checklist of items that should be discussed in the analysis. If the rule statement is accurate and complete, the checklist will be accurate and complete, and the likelihood of missing necessary parts of the analysis is lower. If the rule statement is incomplete, the analysis may still be well organized, but vital parts of the analysis may be missing, which will cost the student potential points.
The rule for “piercing the corporate veil” is used here in IRAC format as an example:
Essay Roadmap using complete rule statement
Essay Roadmap using incomplete rule statement
Issue: Can the corporate veil be pierced to reach the personal assets of the shareholders?
Rule: The corporate veil protecting shareholders from personal liability can be pierced to reach the shareholders’ personal assets if: (a) corporate formalities are ignored and injustice results; (b) the corporation was undercapitalized at the time of formation; or (c) the corporation was formed to perpetrate a fraud.
(1)Were corporate formalities ignored?
(2) If so, did injustice result from the lack of formalities?
(3) Was the corporation undercapitalized?
(4) If so, was it undercapitalized at the time of formation?; or
(5) Was the corporation formed to perpetrate fraud?
Conclusion: The corporate veil may not be pierced to reach the personal assets of the shareholders
Issue: Can the corporate veil be pierced to reach the personal assets of the shareholders?
Rule: The corporate veil protecting shareholders from personal liability can be pierced to reach the shareholders’ personal assets if: (a) corporate formalities are ignored; (b) the corporation was undercapitalized; or (c) the corporation was formed to perpetrate a fraud.
(1) Were corporate formalities ignored?
(2) Was the corporation undercapitalized; or
(3) Was the corporation formed to perpetrate fraud?
Conclusion: The corporate veil may be pierced to reach the personal assets of the shareholders.
Student A uses the complete rule as an outline, and we can see that a complete analysis will discuss the existence or non-existence of facts relating to five issues. Student B uses an incomplete rule statement, and thus is missing two sections of analysis that should potentially be included in the analysis. The missing analysis sections result directly from the missing portions of the incomplete rule statement. This represents a lost opportunity to earn points on the essay. The potential points for discussing resulting injustice and capitalization at the time of formation will likely be lost because the student failed to use a complete rule statement as an outline for their analysis.
Furthermore, Student B may reach an incorrect conclusion on the issues discussed due to the same shortcoming. As an example, the hypothetical may contain a fact stating that the corporation has recently become undercapitalized. Student B may thus incorrectly conclude that the veil may be pierced on the grounds of undercapitalization, because the incomplete rule statement does not contain the associated requirement of “at the time of formation.” Student A will be able to use checklist issue number four to cause her to recognize that the undercapitalization came about at a later time in the corporation’s existence and that timing must be considered. Thus, the undercapitalization in the given hypothetical does not fulfill the requirement of “at the time of formation.” Therefore, Student A will correctly conclude that the veil may not be pierced on the grounds of undercapitalization.
An example such as this is often helpful in teaching students the importance of using precise and complete rule statements. First, it highlights how the rule statement can be used to provide a roadmap to success in the form of a complete outline for essay answers. Secondly, it highlights how the resulting outline can aid the student in formulating a complete analysis and reaching accurate conclusions.
December 05, 2011
Change is in the air...The Uniform Bar Exam
The temperature is cooling and the brightly colored leaves are beginning to lose their hold. Autumn vividly embodies transition and change. However, the leaves are not the only things changing; changes are also underway with regard to the bar exam.
The Uniform Bar Examination is gaining popularity. Recently, Nebraska and Colorado became the latest jurisdictions to adopt the Uniform Bar Examination (UBE). Other States that have begun administering the UBE or have adopted it for future administrations are: Alabama, Colorado, Idaho, Missouri, Montana (conditional approval), North Dakota, and Washington. Susan Case, The National Conference of Bar Examiner’s Director of Testing, announced at this fall’s NCBE’s Anatomy of a Bar Exam Conference that several other jurisdictions are currently considering adopting the UBE as well. Decisions are still pending for Utah, the District of Columbia, and others.
The biggest news regarding this significant change is that Washington State (my home state) will begin administering the Uniform Bar Examination in the summer of 2013. Washington has been a holdout state (along with Louisiana, who is also now considering changes to their exam) until now. Washington State’s current bar exam is essay only. Yes, it is true, presently WA does not require the MPT, MBE, or the MPRE; at least not until the summer of 2013 when the UBE will first be given in Washington.
Some of you may be asking, “What is the UBE and how it is different from what states are currently administering?” Although, the Uniform Bar Examination does not differ greatly from what most states are administering twice a year, there are a few exceptions and some potential benefits with its adoption. The Uniform Bar Exam consists of the Multistate Bar Exam (MBE) (200 multiple choice questions), the Multistate Essay Exam (MEE) (six essays), and the Multistate Performance Test (MPT) (two 90 minute closed universe legal writing tasks). For the UBE, the MBE is worth 50%, the MEE is worth 30%, and the MPT is worth 20% of the overall score. The overall score, or the “UBE score”, is the important number in this equation.
Score portability is the major selling point for this exam. But it is important to remember that the UBE score is portable, not the applicant’s pass status. Therefore, if an applicant passes the UBE in one jurisdiction, they may not pass in another. Admission is not automatic. An applicant needs to reach a passing UBE score in each jurisdiction for which they are applying. Therefore, a higher score on the UBE allows for greater ease of portability.
Other factors may also influence whether the creation and adoption of the UBE produce a positive impact on the ability to move from state to state in search of legal work. For one, UBE scores do not last forever. Thus, once a student takes the UBE, the score is only portable for a time frame determined by the state accepting the UBE score. What this means in reality is that portability may be short lived unless the applicant obtains licensure in multiple jurisdictions soon after taking the UBE.
While maintaining a license to practice law in multiple jurisdictions could be a positive step in one’s legal career, it is also fraught with possible hardships; namely, financial ones. According to the Comprehensive Guide to Bar Admission Requirements (produced by NCBE and The American Bar Association), applications fees for bar admission cost between $100- $1500 depending on the jurisdiction. Additionally, in order to maintain multiple licenses, yearly license renewal fees, pro bono requirements, and mandatory Continuing Legal Education credits may be required in each jurisdiction. In light of the state of the US economy, fees and requirements such as these may pose a genuine disadvantage to holding multiple bar licenses.
Will the advent of the UBE create more lawyer migration and/or provide more job opportunities for new law graduates? Potentially, yes. Here is the bright side of the UBE. The UBE could create more opportunities for new law grads by giving them more flexibility in where they are able to seek employment. Considering the legal job market, this could be a huge benefit for new attorneys willing to migrate to more marketable jurisdictions.
While in theory the UBE appears to have many benefits, more seasons of UBE test taking need to pass before this question can be precisely answered. Missouri and North Dakota administered the first UBE in February 2011, Alabama in July 2011, Colorado and Idaho will administer the UBE in February 2012, Nebraska anticipates the effective date of adoption to be January 1, 2013, while Washington will administer the UBE in July 2013. Once the UBE is underway in more jurisdictions and UBE transfer data is compiled by the NCBE, we will likely see the true benefits of the Uniform Bar Exam.
Until these benefits emerge, it is important to have students thoughtfully consider where they would like to live and work before applying to take the bar exam. The UBE will likely allow law grads greater mobility but not without a potential price. Although an essential rite of passage, the bar exam is not a task worth repeating and if the UBE makes that possible I hope we see more states sign on.
*Information regarding the UBE and UBE jurisdictions obtained from the NCBE and ncbex.org.
November 15, 2011
Resource for Students Studying for the MBE
Keith Elkin, Dean of Students at Dickinson School of Law - Penn State Law, has published a book through Wolters Kluwer on studying for the MBE. The book is titled MBE: Beginning Your Campaign to Pass the Bar Exam and was published in the summer.
Keith teaches Fundamental Skills for the Bar Examination at his law school and has based the book on his experiences with his students. His goal in the course and with the book is to prepare students for their commercial bar review courses by providing them with practical ways to study and learn for the bar exam. Thus, the book is an early preparation tool to be used in law school bar preparation courses or by students who need additional learning techniques to be successful.
His approach is focused especially on the bar-takers who will struggle in their bar preparation: poor performance in law school, previously failing the bar, foreign lawyers, and others. He explains the several steps in his approach to preparation and provides the reader with many exercises to learn how to implement his strategies. Using the methods in his course and book has increased his "at risk" students' bar passage rate significantly.
Chapter 1 of the book is an introduction to the bar exam. In Chapter 2, the author looks at the broad lens concept as a framework for identifying the fundamental legal issues and the applicable legal rules for questions. Chapters 3 and 4 look at the narrow lens framework of actively reading fact patterns, asking questions during that reading, and answering those questions raised. Chapter 5 demonstrates how to learn through wrong answers: identifying the mistakes, the reasons for the mistakes, and the right answers. A quick wrap-up of tips is provided in Chapter 6.
If you have not yet seen Keith's book, I would suggest that you take a look at it. This MBE resource may be valuable to you for a bar preparation course syllabus and for your students in their early bar preparation. (Amy Jarmon)
August 26, 2011
1L's, Strong Arm Your Fears!
There is no doubt that you have been caught up in the flurry of activity that accompanies the beginning of the academic year. Heavy meddlesome casebooks; jam packed orientation; a throng of new faces; and the cacophony of perplexing terminology bombarding you in each lecture- Welcome to Law School! Although the first days and weeks (or even your entire first year) of law school may seem overwhelming, there are ways to ease your transition and maintain a positive outlook.
Here is one way to get started on the right track with your law school journey. Grab a sheet of paper and a pen (yes, this requires a little work). Do this when you have about 30+ minutes of quiet, uninterrupted time to devote to it. Now, open your mind and focus on yourself…
First, take a few minutes to reflect on your personal strengths. These could be anything from having a friendly smile to being a great basketball player. Create a list of as many positive attributes about yourself that you can think of. Do not shy away from being excessive or even exaggeratedly vain. This list is for your eyes only- so go for it!
Next, write down your fears related to law school. Is it hard for you to meet new people? Are you nervous about the infamous Socratic Method? Are you scared that you do not have what it takes to succeed? Do you think the workload will be too challenging? Again, write it all down. This too is for your eyes only- so try not to limit your list.
Finally, take the remaining time to think of how you can put your strengths to work on your most dreaded fears. This may take some work. Connecting your exquisite knitting ability with your debilitating fear of being called on in class may not seem feasible. However, with a little creativity anything is possible. Such as: if you could knit while being called on in class or while in a study group (possibly with other stitchers), you may find that your anxiety has decreased.
Use your strengths to overcome your fears. If you are a great communicator one-on-one but fear speaking in large groups, try sitting in the front row and pretend you are conversing with only the professor. This may help you in more ways than you can imagine. Grab a seat in the front row and you will likely be more actively engaged and less intimidated or distracted by other classmates.
Acknowledging your strengths and your fears will help you determine your best personal strategy for success in law school. Putting your strengths at the forefront and focusing on them (instead of being destroyed by your fears), will lead to more productivity, less stress, and better mental and physical health (and likely a higher GPA).
Therefore, above all, remain optimistic even on your darkest day. If you need a reminder of how great you are, ask your significant other, best friend, or a close relative. They will help you see through the self doubting haze that many law students acquire their first year. Of course if you need to hear it from an unbiased, trustworthy source, I suggest that you read your list.
August 18, 2011
Giving 3L's a time line
On the heels of my last post, I realized that a time line is appropriate for 3L's planning on taking the bar exam next July. This is especially important if your school does not offer bar prep; every year I hear about students who miss the deadlines for bar exam paperwork because they didn't know when they were due. The best resource when creating a 3L time line is Denise Riebe and Michael Hunter Schwartz's Pass the Bar!; I would strongly recommend it to all 3L's.
A few pointers for 3L's and the ASPer's who work with them:
1) Know the state where you plan to sit for the bar and and the paperwork deadlines.
2) Know what paperwork is required for character and fitness and how long it will take to get the required documents. If students need to request their driving records from a state DMV or work summary from Social Security, they need to know how long this will take.
3) If a student is moving before the bar exam, they need to know when graduation is scheduled and when the commercial bar prep course starts. If graduation is on a Sunday and bar prep starts on Monday, it is good to be packed and ready to go before Sunday night.
4) Know the deadlines for signing up for commercial bar prep courses, and decide if they will need additional loans in order to pay for a course.
5) Ask recommenders how much time they will need to submit a reference.
There are many other pointers for 3L's that are state-specific. These are just a sampling of the things that trip up students and add stress to the 3L year.