Monday, September 24, 2018
The most recent bar results are reverberating throughout the country. The data collected and distributed by Nancy Reeves the past week is illuminating. From what I can tell, only 2 states currently have first-time pass rates at or above last year. The national MBE average is the lowest since the 80’s. Another round of complaints and accusations aimed at the MBE are starting, especially since scaling essays to the MBE magnifies the impact of the dropping score. My advice to students, ignore the chatter and start preparing now.
I love to complain about the MBE. I think the NCBE’s monopoly on bar licensing tests makes them unresponsive, and the lack of statistical specialists in testing at law schools makes combatting their perceived experts difficult. Supreme Courts’ skepticism of law schools’ motivation amplifies the problem. I believe the NCBE through changes to the MBE (25 non-scored questions, subject matter changes, Civil Procedure addition, style changes, etc.) have made the test harder than it has ever been, and they continually ignore well-established scientific principles (ie – cognitive load theory) that call into question the validity of current MBE scores. My beliefs could be 100% correct, but the reality is alumni still have to take the MBE on February 27th or July 31st.
If MBE complaints are valid, students should respond by starting preparation. In general, changes to legal education and bar exams take forever. The complaints of Deans, Law Schools, and alumni will most likely not change the upcoming exams. The arguments could be correct, which means the upcoming MBE administrations will continue to be difficult with possible lower scores. Students will need more questions correct to pass. I highly encourage starting now to prepare for a much more difficult test.
The MBE requires unique skills to pass the exam, but the foundation for passing the test is still knowledge of the law. Without an understanding of the law, getting to the right answer is more difficult. Both February and July takers can start now refreshing memory of the law. I suggest trying to get a big picture 10,000 foot view of each MBE subject. Knowing the organization or schema for each subject will provide the context to help memorize rules. I then suggest looking through material in highly tested sub-topics for each subject (ie – Negligence, Hearsay, Free Speech, etc.). Many bar review companies will provide early start lectures or outlines or both. Use the material to identify areas to work through.
Additional work throughout the semester is important for February takers. I suggest focusing on 1 subject per week by looking through the material suggested above, completing a few practice MBE questions, and issue spotting 1 practice essay question. The key is to get some of the law and see how it is tested.
July takers shouldn’t spend as much time this semester, but refreshing the law is a good start. My suggestion is to watch the short lectures or look at highly tested material for a short amount of time. The goal is not memorization that lasts for 10 months. The goal is refreshing memory of already learned law and understanding the schema.
The current tasks may be different for February and July takers, but my advice for both is the same. Now is the time to start preparing. If the MBE will be as hard as we all predict, then don’t wait to prepare for the test. However, don’t overwork and burn out now. My suggestion is only for 2-3 hours a week, but 2-3 hours over 7-8 weeks left in the semester can make a huge difference.
The hype and complaints may be true, but students will still be taking the bar in February and July. One ingredient for overcoming the difficulty is early preparation with hard work. To finish using a sports analogy (I couldn’t do a post without it), leave it all out on the field. Anything can happen on the bar exam, but if you can walk out of the room and say you did everything you could reasonably do to prepare, then that is what matters. Start that preparation now, and you can pass the bar!
Thursday, September 20, 2018
According to the American Bar Association (ABA), citing to Law.com and TaxProfBlog editor Dean Paul Caron, the national average score on the MBE multiple-choice portion of the July bar exam dropped to its lowest level in 34 years. http://www.abajournal.com; https://www.law.com; http://taxprof.typepad.com. The National Conference of Bar Examiners (NCBE) reports that the July 2018 MBE average score was just 139.5, while for the July 1984 exam, Law.com reports that the MBE average score was likewise low at 139.21. http://www.ncbex.org/news; https://www.law.com.
In an article by Law.com, the President of the NCBE - Judith Gundersen - is quoted as saying that "they [this summer's lower MBE scores] are what would be expected given the number of applicants and LSAT 25th percentile means of the 2015 entering class." https://www.law.com. In other words, according to the NCBE, this summer's low score average is the result of law school admissions decisions based on the NCBE's appraisal of 25 percentile LSAT data for entering 2015 law students.
Nevertheless, despite the NCBE's claim, which was previously theorized by the NCBE back in 2015 (namely, that bar exam declines are related to LSAT declines), previous empirical research found a lack of empirical support for the NCBE's LSAT claim, albeit limited to one jurisdiction, one law school's population, and admittedly not updated to reflect this summer's bar exam results. Testing the Testers.
As an armchair statistician with a mathematics background, I am leery of one-size-fits-all empirical claims. Life is complex and learning is nuanced. Conceivably, there are many factors at play that might account for bar exam results in particular cases, with many factors not ascribable to pure mathematical calculus, such as the leaking roof in the middle of the first day of the Colorado bar exam. http://www.abajournal.com/news/article/ceiling_leaks_pause_colorado_bar_exam.
Here's just a few possible considerations:
• The increase to 25 experimental questions embedded within the set of 200 MBE multiple-choice questions (in comparison to previous test versions with only 10 experimental questions embedded).
• The addition of Federal Civil Procedure as a relatively recent MBE subject to the MBE's panoply of subjects tested.
• The apparent rising incidences of anxiety, depression, and learning disabilities found within law school populations and graduates.
• The economic barriers to securing bar exam testing accommodations despite longitudinal evidence of law school testing accommodations.
• The influence of social media, the internet age, and smart phones in impacting the learning environment.
• The difficulty in equating previous versions of bar exams with current versions of bar exams given changes in the exam instrument itself and the scope of subject matter tested.
• The relationship among experiential learning, doctrinal, and legal writing courses and bar exam outcomes.
Consequently, in my opinion, there's a great need (and a great opportunity) for law schools to collaborate with bar examiners to hypothesize, research, and evaluate what's really going on with the bar exam. It might be the LSAT, as the NCBE claims. But, most problems in life are much more complicated. So, as a visual jumpstart to help law schools and bar examiners brainstorm possible solutions, here's a handy chart depicting the overall downward trend with respect to the past ten years of national MBE average scores. (Scott Johns).
September 20, 2018 in Bar Exam Issues, Bar Exam Preparation, Bar Exams, Encouragement & Inspiration, Exams - Studying, Exams - Theory, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)
Sunday, September 2, 2018
Wednesday, July 25, 2018
In a few short hours, the bar exam will be over for some Bar Takers throughout the United States while others still have an additional day to go. When you exit the room it is time to “drop the mic” on the bar exam.
It is a way of making a memorable or noteworthy ending or defeating someone or something by literally or fictionally dropping a microphone at the end of the performance, talk, or presentation. I would add: “because you completed this exam so it’s over.”
If you did your utmost, put forth your best effort, managed your stress, freaked out yet gathered yourself, and completed the exam; nothing else remains to be said or done and there is nothing you can say or do. All you can do is wait for the results. You have no further control over the situation. I know, easier said than done!
Concern that you failed, anger at yourself for forgetting to write something in an essay answer, upset about one or more questions you think you marked incorrectly, reliving bar preparation, beating yourself up, being overly worried about what others wrote, etc. What will such reflection do for you? While it is perfectly normal to have all these latent feelings, you may wish to ask yourself how do they benefit you. My advice is to face all of these emotions then take a break, rehabilitate your social life, and look ahead. Enjoy life until you are notified of the final results. Inevitably, you will panic again around the time results are to be posted but let’s take things one step at a time. (Goldie Pritchard)
Tuesday, July 24, 2018
Today is the Bar Exam. Like many other academic support professors, I travel to the bar exam testing site with the graduates to lend logistical support and emotional support. Much like the movie Groundhog Day, where I'm Bill Murray, the experience is novel to the applicants, but rather predictable for me. This year, like prior years, I expect to see applicants:
Smiling, both genuinely and veiled
Laughing, sometimes involuntarily due to exhaustion
Hugging (lots of hugging!)
Pacing and tapping their feet nervously
Exercising (i.e. jumping jacks, sit-ups) in the hallway around 3:30 p.m.
Sharing Tums and Advil freely
Forgetting their ID or admission ticket
Loosing their ID or admission ticket (So far, I've tracked down lost IDs in the parking lot, at a gas station in another state(!), inside the testing site, and in a hotel room. Once, I even had a new ID printed at the DMV at 8:00 a.m. on the second day of the exam.)
Isolating themselves in every nook and cranny of the testing site during the registration and breaks
Carrying around plastic bags containing "authorized items"
Tossing book bags and lunch bags into a "secure" pile in the corner of the hotel lobby
Sporting lucky charm shirts and sweaters
and laser focused.
But, unlike Bill Murray's character in the movie, I don't want to wake up to a new day. I love my bar exam Groundhog Day experience, year after year. I'm thrilled to be a part of one of the most memorable days in a J.D. graduate's life. Good luck everyone! (Kirsha Trychta)
Thursday, July 19, 2018
Attention Bar Takers:
Here's a couple of short winning tips for your final weekend flight plan checks as you prepare for success on your bar exam next week!
I. Focus on a Winning Attitude:
First, remind yourself right now why you can pass the bar exam...because, after all, you've been trained as an attorney.
That's right. Boldy recognize that out of all of the people in the world, you are one of the very few who have earned a law degree. Yep...YOU'VE earned your law degree, having successfully demonstrated that YOU know how to solve legal problems. That doesn't mean that you know it all (nor that you need to know it all for your bar exam). But, you do know how to read and ponder and analyze and write and communicate as an attorney because you've been trained - for over the course of three years - to think and, more significantly, be an attorney.
So, as Professor Chad Noreuil says, look forward to your bar exam next week as a "get-to" opportunity rather than a "got-to" threat. That's because this is YOUR moment to show YOUR state Supreme Court that YOU are professionally-trained attorney.
II. Rehearsing Your Lines:
Second, keep your focus on positive learning throughout this weekend as you...
YOUR BIG PICTURE RULES FOR YOUR BAR EXAM NEXT WEEK!
In other words, don't think of memorization as dry and dusty work.
Rather, consider memorization as theatre work.
Just like actors, carry your script (your study tool) with you in hand, personally by your side, ready to swing into your eyesight, as you walk through the major issues and rules for each subject. Move swiftly. Your goal on Saturday is to work through each subject in well under an hour or much less. Then, do the same for each subject on Sunday.
Here's a Tip - Less is More!
Stick with talking, singing, or acting out only the big picture rules. Don't dive deep. In other words, just state the rule for burglary but don't practice the definitions for each of the elements. Then, do it again...quicker. On Sunday, grab those study tools and once again work through each subject - one at a time - with freedom and abandon to peek at your study tools.
The Memory Power of Peeking!
Too many people don't want to peek. But here's the secret to memorization (based on the famous saying that a "peek is worth a thousand words").
When we peek, we visually see where the rule is on our study tool and how it is organized and positioned. As the learning scientists indicate, we tend to comprehend (a.k.a., remember) things better when we see them in text (whether in our set of notecards or outlines or posters) because the visual position of the words creates meaning for us. And, memorization is just about creating memories with your study tools. So, be a memory creator this weekend.
Finally, I would be remise if I didn't talk about Monday (also known as the "day before the exam").
If you can't help yourself, feel free to review your study tools. But, most certainly don't do any more practice problems. And, definitely don't work on memorizing your study tools. Just skim through them.
And, if at all possible, take the day off. I mean the whole day. From start to finish.
Recognize that brainwork - just like exercise in preparation for a marathon - requires rest and relaxation time the day before a big event in order to rejuvenate and refresh.
So, be extra kind to yourself, my dear doctor of jurisprudence, and splurge with some good old fashioned R&R. And, good luck on your bar exam next week! (Scott Johns)
Wednesday, July 18, 2018
At this time, I see or hear from many panicked soon-to-be Bar Takers communicating their intent not to sit for the bar exam because they just do not feel prepared. It is unusual for me to have a conversation about skipping the bar exam with a soon-to-be Bar Taker I genuinely believe is unprepared or might not be able to manage the pressures of the bar exam. Usually, students who are so mentally paralyzed by the thought of sitting for the exam are not known to articulate their intent. Instead, they simply do not show for the exam, something I hear after the fact, or I notice once bar results are posted.
Typically, individuals who have endured life, personal, financial, work, and/or health challenges throughout bar review are not the ones looking to postpone the bar exam. Based on my communications throughout bar review with persons in this category, I find that they have already wrestled with feelings of unpreparedness throughout the summer and they have continuously adjusted and readjusted their schedules to ensure bar review progress. When past soon-to-be Bar Takers have opted not to sit for the bar exam, it has occurred very early in the process, around the first few weeks of bar review. Whenever the option was exercised later in the bar review process, it was due to familial, personal, health-related, or other emergencies. As a rule of thumb, whenever the decision not to sit for the bar exam is made, we immediately and honestly consider individual situations, explore implications of the decision, and start to discuss a plan for moving forward.
Experiencing acute levels of stress a week before the bar exam is a normal occurrence but when it becomes debilitating, then it is a critical challenge. Stress is an unavoidable aspect of the bar preparation process but it should motivate, not dominate. Recently, I observed that a larger number of soon-to-be Bar Takers have difficulty managing stress. Some who were able to navigate stress throughout law school are now experiencing difficulties preparing for the bar exam. The bar exam is a beast they are unable to tame and might need additional resources or medication to cope with the high levels of anxiety and its impact on their preparation. Addressing concerns early, if at all possible, can have a positive impact on managing stress and anxiety during bar preparation.
If you are contemplating postponing the bar exam, there is no formula you can use to guarantee success on the bar exam. I am well aware that there are percentages of bar review completion, percentages one should attain on the MBE, scores on the essays and MPTs that help set goals and gauge current performance but these are no guarantee. Quality over quantity, self-awareness of individual needs and making adjustments, and a positive and forward-looking attitude are key. It is also important to assess where you are and whether you covered all of the substantive material, whether you have an awareness (general knowledge and familiarity) or whether you understand (deeper knowledge and ability to explain and write) concepts and ideas. Assess whether you completed a majority of the assigned essays, MPTs, and MBEs but more importantly ask whether you are driven by fear or do you really not know the information. A more poignant question to ask is whether waiting longer, studying longer, and taking the exam later is the best option for you. Develop a plan.
In my experience, some students simply need more time to adjust to bar preparation, to the pace of bar review, to process the information, to dissect answers, and to revisit material. Some students just need more time to adjust to the whole idea of the bar exam and its implications on their lives. These may be valid reasons that should not simply be used as an excuse. Furthermore, over-studying and complacency are things an individual who postpones the bar exam needs to contemplate. Be comfortable with your decision and move forward. (Goldie Pritchard)
Tuesday, July 17, 2018
This past week, I uncharacteristically watched a lot of reality television show competitions—mostly, Big Brother and Project Runway. Somewhere around hour six of my binge, I had a revelation. Bar exam studiers could learn a few things from the contestants on reality TV game shows. Both reality TV competitions and the bar exam studiers cram a lot of learning and formative assessment opportunities into a very short period of time. Those who learn and adjust succeed.
- Figure out which character you are.
Many reality TV contestants fit one of a few well-defined molds. For example, there is:
- The Leader – This person believes in themselves, even when others do not. They possess a confidence that is objectively justified. In Big Brother terms, this is called “The Rachel.” Everyone loves (and loves to hate) Rachel. This person will go quite far in the game.
- The Crier – This person cries, a lot. But have no fear. They will make it to the final found. They possess the substantive skills to succeed, and will succeed so long as they can focus on the task at hand.
- The Floater – This person fails to commit to any particular side. When presented with a hypothetical, they waffle. But, as Rachel Reilly of Big Brother’s Season 12 famously said “Floaters, you better grab a life vest.” If these folks pick a horse, then they undoubtedly survive another week.
- The Fainter – This person doesn’t take care of themselves. This person fails to get good sleep, eat well, or manage their stress. They will eventually faint due to exhaustion. This person can be successful if they regroup and care for themselves, properly.
- The Middle - This person is typically forgettable on reality TV. They don't win challenges, and they don't come in last place either. They don't cause drama; instead they just put their head down and play the game. This person will do just fine--even if no one is watching.
- The Weak Link – This person fails to win any challenges. This person is constantly placed “on the chopping block” because of their sub-par performances. This person is legitimately at-risk.
Bar exam studiers are no different. The key to success is to recognize the role you are playing and adjust accordingly. Just like on Big Brother, leaders, criers, floaters, middlers, and even fainters can succeed with the proper planning. Simply be self-aware and thoughtful about how you want the season to progress.
- Learn to cut off the outside world.
Everyone on reality competitions is isolated from the outside world. The competitors do not have access to social media or the internet. They rarely speak to loved ones. They live in a bubble. While I do not recommend such an existence for most people, most days. For law students studying for the bar exam, it is a potentially glorious plan. For optimal success, most studiers should stay singularly focused on their task – the bar exam. Forget about Facebook, Google, and Big Brother. I promise you, the internet will still exist in August. So, until then, just put up an “out of office” message and get studying!
- Develop a “showmance.”
On reality competitions, “showmances” and “bromances” are common. Showmances are formed when two contestants bond together—sometimes romantically—during the show’s short production. Two challengers lend support to one another for the purposes of mutual success in the competition. While showmances are sometimes mocked by the viewing audience, they do offer numerous strategical benefits to the competitors. Similarly, when studying for the bar exam, forming a deep, mutually beneficial relationship with another bar studier is advisable. The two studiers can help keep each other on task, and offer a sounding board for test-taking ideas and substantive rules. In short, look for a friend or significant other with which to commiserate and cerebrate.
Best of luck competitors! (Kirsha Trychta)
Wednesday, July 11, 2018
As we enter the final days of bar preparation, emotions run very high. Students who appeared to manage stress well are falling apart and the realization that the bar exam marks the end of their education career engenders fears of “adulting”. Other fears, concerns, and physical manifestations also seem to permeate day to day bar preparation. As a Bar Support office, we are keenly aware of student panic and stress about the bar exam and are equally sensitive to both expected and unexpected personal and other concerns. Below are a few issues students can contend with:
• Family and friends interfere. Well-intentioned family members and friends think this is an ideal time to conduct internet searches about the bar exam and share all of the scary details they uncover with the person studying for the bar exam. Shared information relates to bar pass rates, horror stories about preparing for the exam, and countless comments from students on various blogs and discussion groups. Some students studying for the bar exam are able to dismiss this information while others obsess over it and are derailed. This usually leads to mornings spent dispelling myths, putting information in context, and/or reminding individuals studying for the bar exam that they still have control over their fate. Moreover, if family and friends are a source of stress and panic then this probably is the time to stay away from them but also tell them what you need and don’t need.
• My body hates me. I have to admit that lately, I have heard many gruesome stories about physical manifestations of stress and negative physical reactions to food. I will not share all of these here but students should be aware of what is going on with them physically. Certain ailments or discomforts might require you to take immediate action, others might require you to live with them until the exam is over, and yet others may only be address after the bar exam.
• I hate you right now. As individual meetings with students end and we complete the final essays, mini-Multistate Bar Exams, or Multistate Performance Tests together, I try to select areas or things that particular students have expressed challenges with. A few students I have worked with throughout most of their law school careers often say: “no disrespect but I hate you right now.” I laugh and usually say: “I am here for that.” If our goal is to make weaknesses strengths then I will prey on all of the student’s weaknesses because it is possible that those very things will appear on the bar exam. It is also a good time to discuss how to manage areas of limited or no knowledge but still be able to focus enough and move on to the questions they are confident in.
• Unconquerable fatigue. I hear more and more about chronic fatigue, sleep/rest that does not seem to result in refreshing energy, and insomnia all this results in lack of focus, feeling overwhelmed, and inability to be efficient or effective in completing tasks. Students appreciate when I affirm the difficulty of getting true rest and acknowledge productivity challenges but I also remind students that they are not alone. Students cannot perform to their optimal ability until they rest. I admonish them to tap into all the knowledge stored up and to do this, they might want to get some rest now because the day before the bar exam might be a significant challenge.
Every challenge makes you stronger! (Goldie Pritchard)
Tuesday, July 10, 2018
With two weeks left until the bar exam, it is time to start getting your "game day" materials together. I've created a packing checklist template to help you get started. (See one sample below) To begin, Download Bar Exam Day Packing Checklist. Then compare my list to the official rules provided to you by your selected jurisdiction and make adjustments to the chart, if necessary. Once the list is complete and accurate, start packing. Make sure to double check everything before you actually leave for the exam. If you are in doubt about something, bring it and leave it in your (or a friend's) car. You can always return to your car later, if needed. (Kirsha Trychta)
Wednesday, July 4, 2018
“I am very discouraged by the process of preparing for the bar exam!” “I do not know if I can keep going, I work so hard but I have hit a plateau.” “I seem to regress rather than progress. I do not think I will be ready to take this exam. Maybe I am not supposed to be a lawyer.” These are some of the comments I hear from recent graduates as the bar exam approaches. It is not uncommon for recent graduates to experience these types of feelings, as long as they do not stay stuck in a rut.
Merriam-Webster Dictionary defines the term “discourage” as:
(1) “to deprive of courage or confidence: dishearten”
(2) “to hinder by disfavoring”
(3) “to dissuade or attempt to dissuade from doing something”
Bar preparation can be a challenge to the very courage recent graduates mustered up to face the bar exam as well as a huge blow to confidence. The challenges they encounter can dissuade them from progressing but the strength they have within, that brought them thus far will carry them through.
Merriam-Webster Dictionary defines the term “dishearten” as:
“to cause to lose hope, enthusiasm, or courage: to cause to lose spirit or morale”
This definition encapsulates all of the negative emotions felt but I would imagine that very few individuals, if any, are enthusiastic about sitting for the bar exam. I view my role as the bar support individual who reminds students of their hopes and aspirations coming to law school. I am here to encourage and remind them of the challenges they overcame, some of which were unique to them. I also attempt to remind them of the need to rest, consider their mental health, and necessity to take an occasional break.
Merriam-Webster Dictionary defines the term “courage” as:
“mental or moral strength to venture, persevere, and withstand danger, fear or difficulty”
Recent graduates typically lose sight of the fact that the mental strength they need to face this difficult task that is the bar exam is already within them. Courage does not mean that the task does not seem insurmountable or that you possess all of the confidence in the world. It simply means that you see the difficulty, are unsure of the possible result, stare it down, move forward, and see what happens. You are as prepared as you can be, you face the unknown but you know that your preparation will empower you to face and overcome various obstacles. You can do it! Remember, you do not need to ace the bar exam, you simply need to pass it.
Now please take a break on this 4th of July! (Goldie Pritchard)
Thursday, June 28, 2018
It's sweltering in much of the USA. And, the heat is only getting hotter for the many recent law school grads preparing for next month's bar exam.
So, I thought I'd offer a few "hot" tips on how to enhance one's learning this summer based on a recently published study entitled: "Smarter Law School Habits: An Empirical Analysis of Law Learning Strategies and Relationship with LGPA," by Jennifer Cooper, adjunct professor at Tulane University, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3004988
As detailed in the article statistically analyzing study tactics and learning, Professor Cooper found that two particular study strategies are positively correlated with law school grades.
The first is elaboration, i.e, explaining confusing concepts to others. So, be a talker this summer as you prepare for your bar exam. In short, be a teacher...be your teacher!
The second is the use of practice questions to learn. So, grab hold of every opportunity you have this summer to learn by doing. Take every mock bar exam you can. Work through every bar exam practice problem available. Be tenacious in your practice. Learn by doing!
Finally, as documented by Professor Cooper, beware of reading and re-reading. It might make you feel like you are learning, but there is little learning going on...until you put down the book and start working on problems for yourself. And, that particularly makes sense with the bar exam...because...the bar exam is testing the "practice of law" not the "theory behind the law."
So, throughout this summer, focus less on reading and more on active learning - through lots and lots of practice problems and self-taught elaboration to explain the legal principles and concepts - as you prepare for success on your bar exam next month. (Scott Johns).
Wednesday, June 20, 2018
As we slowly approach the one month mark for the bar exam, strange things begin to happen. Bar Studiers we did not realize were in town surface in the building with questions and concerns and Bar Studiers we have seen regularly seek more and more encouragement to intensify their bar exam preparation. Interactions with Bar Studiers is normal but what is out of the ordinary are some of the things they share with us believing they are the only ones experiencing them. Bar Studiers do not realize there are other students who also experience similar series of challenges and misadventures. It is as if the universe knows that the bar exam is looming and sets up a number of obstacles along their path to test resilience, persistence, and character. Bar Studiers may not always recognize they are up for the challenge and we are here to remind them of this fact, help them strategies, and get them to their seats on bar exam day with a sense that they can tackle this seemingly impossible, yet possible obstacle.
Below are a handful of issues that surfaced this year and in the past and some of the approaches we have used, depending on an individual Bar Studier’s unique circumstances and needs.
Health Plays Games
Last week and this week, I heard sneezes in the hallways and several Bar Studiers have been missing in action for a day or two. Some notified me that they will not be around as they know that I will inquire about their whereabouts. I parted with two boxes of Kleenex and a giant bottle of hand sanitizer was in significant use. I understand that allergies are in full swing and immune systems struggle to keep up with the pace many adopted to manage bar preparation. To put things in perspective, it is better to temporarily get sick now than on exam day. In response to panic about falling behind in bar review and feeling unprepared for the exam, we discuss how to rearrange schedules, move tasks around, and use small spurts of activity with scheduled rest. I prescribe sleep and okay short naps emphasizing the importance of sleep even though it seems impossible to have restful sleep due to constant thoughts about bar preparation. We insist that Bar Studiers see a doctor if need be and fill necessary prescriptions so as not to exasperated preexisting conditions and developed new ones.
If Bar Studiers are concerned about falling behind, we suggest low-intensity activities that allow them to complete tasks, go through flashcards on an app or physical cards, and memorize information. We discuss a plan for the next day so all they do is implemented with some room for adjustment. We try to find habits that can be implemented in the days and weeks to come so they are ready for the exam. We also explore worse case scenarios and how they will manage such situations on exam day. Of course, nothing is a guarantee but it is a start.
At a bar exam program presented several years ago, a speaker announced that everything that can go wrong will go wrong during bar review and everything you have ever wanted to do will become a possibility during bar review. She continued that bar review is only a few weeks and months out of your entire life and you will likely have the opportunity to experience many of the things you miss out on at some point in the future. Over the years, I note that Bar Studiers experience a range of life occurrences including: death in the family, breakups with significant others and spouses, issues with character and fitness on the bar application, car accidents, financial challenges (even with planning), lack of food, familial demands and expectations, emotional and physical impact of socio-political events, and much more. Life does not simply stop because you are studying for the bar exam. You will have both good days and not so good days and your reaction to and feelings about everything will be amplified.
You might waste a day or a half a day attending to real life situations and that is okay and necessary but it does not mean that you will be unable to complete your preparation for this exam. If however, life completely takes over and when you assess the situation you recognize that you are unable to sustain the pace and expectations of bar review then you might want to have a conversation with someone. You want to discuss alternatives or develop a new game plan to achieve your goals. Be open and honest with yourself and those helping you.
Fear Sets In
Obsession over percentile performance on the MBE and scores on the essays breeds fear and sometimes avoidance for many Bar Studiers. As Bar Studiers compare themselves to others through grading or communication with each other. Some academically strong Bar Studiers become disappointed and recoil. Others decide not to complete essays or MBEs until they have mastered the subject area. Each score becomes a determinative factor of whether they will pass or fail this exam. This is not necessarily true but it takes a lot to convince a student otherwise. I am always more concerned about those Bar Studiers who are left to their own devices than those who communicate these concerns and communicate their plans.
Here again, it is all about perspective. We like to use the experiences and advice of individuals who recently took the bar exam and were successful. We ask them what they did, how they did it, how they felt at various points of bar preparation, and I deem this more effective than anything else. I also try to put things in perspective by reminding Bar Studiers of what they should get from completing the practice, discuss the expectations of the exam with regard to time management, and remind them that exposure adds to the knowledge and confidence with which they approach the exam.
…But We Finish Strong
Bar Studiers, compete with yourself and no one else. Do your best and ensure that you reasonably do what you need to and can do so you have no regrets on exam day. You will not know everything, you will have a working knowledge of all subjects, and you have a plan for the more challenging areas. When you need a break, take a reasonable break and remain focused on the task ahead. Many before you went into the exam feeling just like you will feel and they came out on top; they passed the bar exam! Develop a plan for the days and weeks ahead. You have time to cater to your weaknesses and build strength. You can do this! (Goldie Pritchard)
Tuesday, June 19, 2018
In the last few weeks, three more states adopted the Uniform Bar Exam (UBE): Tennessee, Illinois, and Rhode Island. Tennessee & Rhode Island will begin administering the UBE in February 2019, while Illinois is slated to begin in July 2019. In total, 33 jurisdictions (including 31 states, Washington, D.C., and the U.S. Virgin Islands) have agreed to administer the UBE.
The National Conference of Bar Examiners also announced that it "has started the process of converting the Multistate Professional Responsibility Examination (MPRE) from a paper-based to a computer-based delivery platform. The transition will happen in phases and will be completed by 2020."
Thursday, June 14, 2018
It's the time of the year when one group of graduates are taking their oaths of office while another group of graduates are preparing for the bar exam this summer. That brings me to an interesting conversation with a recent bar passer and his spouse about studying versus learning.
You see, with an introduction in hand, I asked the bar passer's spouse if she noticed anything different between her spouse's law school experience preparing for final exams and her spouse's bar prep experiencing in preparing for the bar exam.
Without hesitation, the report came back: "No. It was much the same, same hours, same long days, the same through and through."
In rapid response and without the slightest hesitation, the recent graduate - who just passed the bar exam - exclaimed that it was "totally different. No comparison between preparing for law school exams and the bar exam."
You see, according to his spouse's perspective, preparing for law school exams and bar exams outwardly seemed identical, but, according to the recent graduate, in law school he spent most of his time reading...and reading...and reading...and then learning as much as he could just a few days before final exams. In other words, he spent his law school years studying. In contrast, even though outwardly he put in similar hours for bar prep as for law school studies, his focus was on practicing...and practicing...and practicing. In other words, for law school he was studying; for the bar exam he was learning.
So, for those of you preparing for the bar exam this summer, focus on learning - not studying. What does that mean? Well, a great day is completing two tasks: working through lots of actual bar exam problems and then journaling about what you learned that very day. Yep...that very day. That's key. Learn today. Spend less time studying (reading commercial outlines, watching lectures, and reading lecture notes) and more time learning (doing lots and lots of practice problems). That's because on bar exam day you aren't going to be asked about what you read but rather asked to show what you can do. So, be a doer this summer! (Scott Johns).
Thursday, June 7, 2018
We're just about three weeks into bar prep. The excitement of graduation seems so long ago. We're back in the same 'ole schoolhouse setting, watching bar review lectures and working through hypothetical legal problems. Sure seems like the same old pattern as law school. But, it need not be.
But first, a bit of background...
In aviation, air traffic controllers will often query pilots about their altitude. It's a bit of a hint from the controllers to the pilots that something might be amiss. And, it almost sounds sort of polite: "Easy-Go Airline Flight 100, Say Altitude."
In response, the pilots make a quick check of the altimeter - the instrument that measures altitude (i.e, height of the airplane in the skies) to confirm that they are at proper altitude as assigned by air traffic control: "Roger Denver Approach Control, Easy-Go Airline Flight 100, level at 15,000 feet."
In between the two communications, however, you can bet that the pilots were quickly making some fast-footed adjustments to the aircraft's altitude to make sure that they would not be busted by the air traffic controllers.
That brings us back to the world of bar prep. A quick "attitude check" might be similarly helpful for your learning.
You see, as Professor Chad Noreuil from Arizona State University puts it in his book entitled "The Zen of Passing the Bar Exam," it can be mighty helpful for your learning to have what I call an "attitude check." In particular, as Professor Noreuil cites in his book, researchers have identified a positive relationship between an optimistic approach to learning and achievement in learning. Consequently, Professor Noreuil counsels bar takers to take on a "get-to" attitude rather than a "have-to" attitude towards bar prep because a "get-to" attitude improves one's chances of succeeding on the bar exam. That's what I refer to as a "get-to" versus a "got-to" attitude.
But how do you change your attitude from a "got-to" to a "get-to" attitude? Well, here's a possible approach that might just help provide some perspective about the wonderful opportunity that you have to take the bar exam this summer. You see, very few have that opportunity. That's because the numbers are just stacked against most people. They'll never get the chance that you have this summer.
Here are the details. According to the U.S. government, there are about 7.5 billion people worldwide, and the U.S. population is close to 330 million. https://www.census.gov/popclock/ Out of that population, according to the ABA, there are about 35,000 law school JD graduates per year. That's it. https://www.americanbar.org/content/ And, because most states require a JD in order to to the bar exam, very few people get to take a bar exam, very few indeed.
That brings me back to you. As a JD grad preparing for the bar exam, you are one of the very few who get to take the bar exam. So, take advantage of that opportunity this summer by approaching your bar exam studies as once-in-a-lifetime opportunity to "get-to" show your state supreme court all the wonderful things that you have learned about practicing law. You've worked hard in law school for just such a season as this, so, to paraphrase a popular slogan, "Just do it...but do it with a get-to attitude this summer! (Scott Johns).
Wednesday, May 23, 2018
Like many of my colleagues, I am attending the Annual Association of Academic Support Educators Conference but that does not mean that work stops. Students know I am away but the panic does not subside despite leaving them with human and other resources. In between sessions and late evening into the night, I check email, respond to phone messages, critique essays, and prepare for bar exam programming. Many of the student messages I have received relate to bar exam preparation as some students have completed a week of bar review while others started bar review programs this week. Below are a few categories of student questions and concerns.
How do I learn the material?
I particularly love this question because it means that students are thinking about what they are doing while considering the long-term impact of what they do now. Furthermore, considering the depth of understanding rather than simply being able to recall information contributes to better performance on various components of the bar exam. This question often comes up when students have completed about a week of bar review and have likely covered two to three subject areas. They usually recognize the fast pace of the program and volumes of material they need to know but also anticipate what they have yet to cover. Students also recognize that simply watching lectures, reading material, and doing homework do not necessarily equate to studying for the test. In sum, students realize that passive review is helpful in the short term but they also need to retain, retrieve, and apply the information which might require active learning for long-term maximization of effort. We discuss how active work on the bar exam components until the end of the bar review period could help. We also discuss memorization, practice under timed and untimed circumstances, skill development in each of the components of the bar exam, self-care, and how to incorporate all of these things into their day to day lives.
How do I memorize the information?
This is another question I appreciate because yet again, students are considering the long-term access to information while possibly determining if they truly understand the information. Simply “looking at,” “reading,” and “hearing” a lot of law does not result in retention of the information. We discuss activities and tools past bar studiers used to memorize information and to revisit the information on a regular basis. Some examples include writing down all they can recall from memory for a particular topic, flash cards, random pop quizzes, and using a variety of bar review applications.
How do I use all of these resources?
This question relates to the issue of excessive bar review resources. Many well- intentioned alums who may have been successful on the bar exam the first time around, the second time around, or later feel the need to share their knowledge with current bar takers. Some of the offered advice is good, some horrible, and some does not apply to the individual shared with. The worse scenario is when one bar taker receives advice and materials from practically ten different individuals, all possibly swearing that a specific system or book is what led them to pass the bar; therefore, urging the bar taker to do the same. There are students who have materials from more than one bar vendor and numerous supplemental bar support books. They are overwhelmed and do not know what to do nor where to start. I instill in these bar takers that they paid for a bar review program and should start there. They should also have a general awareness of resources available to them, talk to me about various challenges along the way so as to collaboratively identify possible solutions, and discuss the incorporation of suitably identified resources. Simply doing everything everyone did does not necessarily help. I remind them that they are operating within a limited timeframe and most of them are pressed for time and each person needs to journey through.
How do I stay motivated?
To my astonishment and concern, this year as compared to previous years, some students have expressed a lack of motivation on day one and week one of bar review. Usually, adrenaline motivates them on day one and at least through week two but that does not seem to be the case. Several students are fatigued by the three-year law school journey while others took a vacation between graduation and bar review and both now experience difficulties getting into the swing of bar review. To address this, we discuss how to manage the upcoming three day weekend particularly since they have a “day off” (technically). This might be an ideal opportunity to rest and recoup once plans have been made for effective time management of the bar review period and also after completing assignments.
Happy Bar Review Season to all my colleagues who participate in bar review preparation! (Goldie Pritchard)
Tuesday, May 1, 2018
I, along with about 40 other bar-exam professionals, attended the inaugural AccessLex Bar Exam Research Forum in Washington, D.C. on April 26, 2018.
The morning began with a keynote address entitled "The Bar Exam and the Future of Legal Education" presented by Patricia D. White, Dean and Professor of Law at the University of Miami School of Law. Dean White outlined her role as the chair of a new 10-person Commission on the Future of Legal Education, an initiative of American Bar President Hilarie Bass. She explained that she and her fellow committee members intend to investigate: (1) the skill set needed to practice law, (2) access to justice issues, and (3) bar exam licensure requirements. Dean White then spoke about the potential causes for the "downturn" in nationwide MBE scores in 2014 and what it really means to be "minimally competent" to practice law. I found Dean White's presentation to be insightful, innovative, and inspiring. If you ever have the chance to hear her speak, I highly recommend it!
Rodney Fong, Associate Dean at The John Marshall Law School, spoke briefly about "Breaking Bar Pass Barriers Today" before we broke into our first of two working group sessions. Our task for the first working group session was to identify what research needs to be conducted to ensure that today's law students pass today's bar exams. The working groups suggested developing a database that includes detailed background information on each test taker, similar to the LSAC's handling of the LSAT; increasing collaboration between the ABA, NCBE, and the numerous state boards; and drawing upon other higher education disciplines and professional schools for guidance.
After lunch, Judith Welch Wegner, Professor Emerita and Dean Emerita of the University of North Carolina School of Law, discussed "The Future of the Bar Exam," focusing on what tomorrow's bar exam should look like and why. We then broken into our second working group session, with the goal of identifying what research needs to be conducted to produce the best new bar exam format by 2025. The working groups didn't hold back, offering suggestions ranging from administering sections of the bar exam after each year of law school to eliminating the exam entirely.
In short, AccessLex put together an extremely innovative and collaborative forum. With 40 key stakeholders in the same room (including representatives from the ABA and NCBE, law school deans, academic support professionals, statisticians, and higher education specialists), everyone was able to really dive deep into thoughtful discussions about how best to improve legal education generally, and the bar exam specifically. The program concluded with AccessLex inviting participants to apply for its inaugural Bar Success Research Grant. Initial letters of inquiry for the grant will be accepted during the month of May.
Thursday, April 26, 2018
Having just returned from a bar exam conference, I am struck by how little we know about what actually correlates to success on the bar exam. Nevertheless, for our students, it is common to jump to the conclusion that bar exam results are "preordained" based on a complex mathematical formula consisting of primarily (or indeed solely) LGPA and LSAT scores. In other words, those that pass have high numbers; those that don't, don't.
Interestingly, in our attempt to reduce the complexity of life experiences to numbers, there are always what we refer to as "outliers." People that pass (or fail) regardless of LGPA and LSAT scores. I sometimes wonder whether we are all outliers because even the best of statistical models fails to accurately predict bar passage results for our students. And, that brings me to the field of human performance.
You see, according to writer Alex Hutchinson, early on in the field of sports-based human performance, "[p]hysiologists pieced together an impressively detailed picture of the factors that - in theory - dictate our ultimate capacity [in terms of predicting athletic success]....There was one problem with this approach: It couldn't predict who would win an athletic contest....Clearly, something was missing from the 'human machine' picture of athletic limits." Alex Hutchison, The Mental Tricks of Athletic Endurance, Wall Street Journal (February 2, 2018), available at: https://www.wsj.com/articles/the-mental-tricks-of-athletic-endurance. That something tends to be not easily reducible to biological measurement; it tends to be what some refer to colloquially as "head games."
In other words, in an athletic competition, your body is sending signals to your brain about the current physiological state of your body, i.e., whether you are running of out of energy, or dehydrated, or overheated, etc. As interpreted by your brain, those signals then become self-fulfilling; they can serve to limit our endurance and our perseverance such that they become a barrier to improving our athletic performance. However, psychologists have begun to explore the power of motivational self-talk to reinterpret those signals so that they do not in fact have such determinative power over athletic performance. According to Dr. Hutchinson, it seems that positive self-talk can boost performance beyond what we think is possible based merely on the internal signaling of our biological markers.
That raises an interesting question with respect to bar passage. We often hear people analogize that passing the bar requires preparation akin to preparing for a marathon. As such, there's a case to be made that it might not be true that LGPA and LSAT are the major determinant signals as to who passes the bar exam. Indeed, it is much more nuanced and complex; otherwise, why have a bar exam at all if results are preordained by past testing results in the form of LGPA and LSAT scores?
Well, to be frank, we have a bar exam precisely because we know that LGPA and LSAT scores do not determine bar pass results. And, as in athletic competitions, I have a hunch that one's self-talk has much to do with one's success in overcoming the nagging self-doubts that are common to most of us ("I don't fit in the law; I can't pass the bar exam; there's way too much to learn to pass the bar; I just don't have the time needed to pass the bar; I wasn't much of a success in law school so I'm not going to be successful on the bar exam; etc."). Although there is no "magic cure-all," and of course LGPA and LSAT scores indicate something, it is important to recall that "something" doesn't mean "everything."
And, that's where we come in. Our bar exam destiny is not predetermined. It is something that we can positively and concretely influence and improve by acting upon positive self-talk as we work - problem by problem and question by question - to train ourselves for success on the bar exam. Those two things go hand-in-hand - "practice and talk" and "talk and practice." So, whether you are preparing yourself for final exams or getting ready to study for the bar exam, pay attention to your self-talk. Indeed, ask yourself today "What am I telling myself and is it really true or not?" (Scott Johns).
Thursday, April 19, 2018
The National Conference of Bar Examiners (NCBE) has indicated that the national average MBE multiple-choice scaled score for the February 2018 bar exam declined once again. As illustrated in the chart below, the MBE score has declined from near-term highs of 138 to 132.8 in just the span of a few short years.
According to the NCBE, "[r]epeat test takers comprised about 70% of those who sat in February 2018 and had an average score of 132.0, a 1.7-point decrease compared to February 2017. This result drove the change in the overall February 2018 MBE mean." http://www.ncbex.org/news/repeat-test-taker-scores-drive-february-2018-average-mbe-score-decline/.
In contrast, the NCBE reports that the February 2018 average MBE score for first-time takers remained relatively flat, 135.0 for February 2018 first-time takers as compared to 135.3 for February 2017 first-time takers. There have been several changes to the MBE exam over the last few years. In February 2015, the NCBE added another subject to the scope of the multiple-choice exam with the addition of Federal Civil Procedure. And, in February 2017, the NCBE changed the number of pre-test (otherwise known as experimental) questions from 10 to 25, resulting in the 200 point scaled score calculated out of a total of 175 graded questions rather than previous MBE exams which graded 190 questions. In addition, for the February 2018 MBE exam, the scope of Property Law was expanded to include some new sub-topics.
For those of you taking the July 2018 exam, there are several take-aways. First, the MBE exam is a difficult exam. Second, you can't learn to pass the exam without practicing the exam. Third, statistics don't determine your destiny; rather, your destiny is in your hands, in short, it's in the reading, the analyzing, and the practicing of multiple-choice questions that can make a real positive difference for your own individual score. So, please don't fret. It's not impossible...at all.
Finally, let me be frank. In my own case, as I work through practice MBE questions, I am NEVER confident that I am getting the answers correct. And, that is REALLY frustrating. In fact, when I get a question right, I am glad but often surprised. So, I try to NOT be confident that I have chosen the correct answer but rather be CONFIDENT that I am reading CAREFULLY and that I am METHODICALLY puzzling through the answer choices to step-by-step eliminate incorrect choices to help me better get to the correct answers.
So, for those of you taking the bar exam this summer, take it slow and steady. Ponder over every multiple-choice question you can. Eliminate obviously wrong choices. And, you might even keep a daily journal of your multiple-choice progress, perhaps by simply creating a spreadsheet of the issues tested, the rules used, and a few helpful tips as reminders of what to be on the lookout for as you approach your bar exam this summer. In short, make it your aim to be a problem-solver learner. (Scott Johns).