Wednesday, January 11, 2017
This week has been filled with conversations about the bar exam. While I am very excited about these discussions, 3L students are much less enthusiastic. The bar exam has been a distant occurrence but now, it is too close for comfort. For our jurisdiction, students have until March to submit their applications without incurring late fees. Students who are organized and plan every aspect of their lives have already sought answers to their questions and only need to submit their applications. Others are panicking because they believe that they are “behind the ball.”
What is most exciting for me are the conversations about fears, concerns, and how to navigate the bar preparation process. It is a delicate balance between supporting students and challenging them. I typically use this opportunity to dispel myths students share about studying for and taking the bar exam and provide context for why and how to be effective in their own process. It is equally exciting to help students who I am familiar with and whose habits I know. When you know how a student processes information, you can provide them with specific advice and applicable examples of how to manage specific situations. You can also refer them back to specific challenges and situations they overcame, including reminding them of their strengths and when they thought all was lost but they made it through the first year, then the second year, and are now almost done with law school.
Of course, some of these conversations quail some concerns, generate new concerns, provide new perspectives, encourage, and motivate. Students must face the inevitable, the bar exam, and their fears. The awareness of possible challenges is invaluable information to have. (Goldie Pritchard)
Thursday, October 6, 2016
As mentioned in yesterday's blog by Professor Goldie Pritchard, it's bar exam season...with results coming in throughout this fall semester.
With that in mind, here's some advice for all bar-takers as results are posted...from across the landscape and the oceans...from Puerto Rico to Guam and from Washington State to Florida.
First, if you passed the bar exam, congratulations! What a wonderful accomplishment! As you celebrate your success while waiting to take your oath of office, here's a quick suggestion. This a great time to reach out to your support team (family, friends, colleagues, mentors, etc.) and personally thank them for their encouragement and inspiration. And, with respect to your law school colleagues that did not pass, its important that you reach out to them too. Send a quick email. Invite them for coffee. Let them know that you personally stand behind them and for them no matter what. Most importantly, just listen with kindness, graciousness, and compassion. In short, be a friend.
Second, if you did not pass the bar exam, please know that the results are not a reflection of who you are as a person....period. Lots of famous and successful people did not pass the bar exam on the first try (and some after a number of tries). Yet, they are some of the most outstanding attorneys and successful leaders. So, be kind to yourself. Take time to reflect, cry, and ponder. Most importantly, just be yourself. Then, in a few days or a few weeks, reach out to your law school. Make sure you order your exam answers if they are available in your state because looking at your exam answers can give you inside information on what you did that was great and where to improve too. Contact your bar review company for a one-on-one chat. Overall, though, the most important task at hand is to be kind to yourself, and please remember, your value comes from who you are and not from the bar exam at all. Period. (Scott Johns).
Wednesday, October 5, 2016
Bar results are trickling in from various jurisdictions. Students who sat for the bar exam in July 2016 are impatiently waiting for their results to arrive. Some who have received results are excited because they have accomplished their goal and are steps away from being licensed attorneys. Others are devastated by their results and are not quite ready to regroup and re-strategize. For everyone else, this is a tense period of time filled with uncertainty and unease until official bar results are in. Academic Support Professionals who focus on bar preparation are on edge, awaiting results for each and every one of their former students. We share in the joy of student successes, sit with the tears, listen to the disappointment and frustration, and help our students refocus and face the bar exam challenge, hopefully, one final time.
Students who are now 2Ls and 3Ls are hearing from their former schoolmates who sat for the bar exam. At the very least, they are lurking on various social media outlets to see if their friends and former colleagues have passed the bar exam because they are uncertain about “bar exam result etiquette.” Needless to say, this is an uncomfortable time for everyone.
This is, however, an ideal time to discuss the bar exam, bar exam preparation, and bar exam success. Students have “real life” people whom they know either passed or were unsuccessful in passing the bar exam. This is an opportune time to demystify the bar exam and debunk myths about the bar exam. As Academic Support Professionals, we can discuss fears, concerns, and planning for the bar exam. We can also address how to study for the exam and things that students can do now in anticipation of sitting for the bar exam. This is a time when students are more willing to listen and have good intentions, mostly motivated by the fear of being unsuccessful on the bar exam.
Congratulations to all who were successful on the bar exam. Hang in there, to those who were unsuccessful. Cry and be upset for a little while but regroup and work with the bar exam experts at your institution. We are crossing our fingers for you if you are still waiting for results. Good courage to all the Academic Support Professionals who work in bar exam support as you empower students, develop new strategies and use new resources for student bar exam success. (Goldie Pritchard)
Thursday, July 28, 2016
Part II: The “Now What” of the Bar Exam: The Waiting Period Begins – A Great Time to Thank Your Supporters!
As Goldie Pritchard pointed out in yesterday’s blog, it’s a great time for you - as this week’s bar takers - to reflect, appreciate, and take pride in your herculean work in accomplishing law school and tackling the bar exam. Let's be direct! Bravo! Magnificent! Heroic! Those are just some of the words that come to mind…words that you should be rightly speaking to yourself…because…they are true of you to the core!
But, for most of us right now, we just don’t quite feel super-human about the bar exam. Such accolades of self-talk are, frankly, just difficult to do. Rather, most of us just feel relief – plain and simple relief – that the bar exam is finally over and we have somehow survived.
That’s because very few of us, upon completion of the bar exam, feel like we have passed the bar exam. Most of us just don’t know. So now, the long “waiting” period begins with results not due out for most of us until mid to late fall.
So, here’s the conundrum about the “waiting” period. Lot’s of well-meaning people will tell you that you have nothing to worry about; that they are sure that you passed the bar exam; and that the bar exam wasn’t that hard…really. Really? Not that hard? Really? You know that I passed? Really? There’s nothing for me to worry about?
Let me give you a concrete real life example. Like you, I took the bar exam. And, like most of you, I had no idea at all whether I passed the bar exam. I was just so glad that it was finally over.
But all of my friends, my legal employer (a judge), my former law professors, and my family keep telling me that I had absolutely nothing to be worried about; that I passed the bar exam; that I worked hard; that they knew that I could do it.
But, they didn’t know something secret about my bar exam. They didn’t know about my lunch on the first day of the bar exam.
At the risk of revealing a closely held secret, my first day of the bar exam actually started out on the right foot, so to speak. I was on time for the exam. In fact, I got to the convention center early enough that I got a prime parking spot. Moreover, in preparation for my next big break (lunch), I had already cased out the nearest handy-dandy fast food restaurants for grabbing a quick bite to eat before the afternoon portion of the bar exam so that I would not miss the start of the afternoon session of the bar exam.
So, when lunch came, I was so excited to eat that I went straight to Burger King. I really wanted that “crown,” perhaps because I really didn’t understand many of the essay problems from the morning exam. But as I approached Burger King, the line was far out of the door. Impossibly out of the door. And, it didn’t get any better at McDonalds next door. I then faced the same conundrum at Wendy’s and then at Taco Bell.
Finally, I had to face up to cold hard facts. I could either eat lunch or I could take the afternoon portion of the bar exam. But, I couldn’t do both. The lines were just too long. So, I was about to give up - as I had exhausted all of the local fast food outlets surrounding the convention center - when I luckily caught a glimpse of a possible solution to both lunch and making it back to the bar exam in time for the afternoon session – a liquor store.
There was no line. Not a soul. I had the place to myself. So, I ran into the liquor store to grab my bar exam lunch: two Snicker’s bars. With plenty of time to now spare, I then leisurely made my way back to the bar exam on time for the start of the afternoon session.
But, here’s the rub. All of my friends and family members (and even the judge that I was clerking for throughout the late summer and early fall) were adamant that I had passed the bar exam. They just knew it! But, they didn’t know that I ate lunch at the liquor store.
So when in late October the bar results were publicly available on the Internet, I went to work for my judge wondering what the judge might do when the truth came out – that I didn’t pass the bar exam because I didn’t pack a lunch to eat at the bar exam. To be honest, I was completely stick to my stomach. But, I was stuck; I was at work and everyone believed in me. Then, later that morning while still at work computer, the results came out. My heart raced, but my name just didn’t seem to be listed at all. No Scott Johns. And then, I realized that my official attorney name begins with William. I was looking at the wrong section of the Johns and Johnsons. My name was there! I had passed! I never told the judge my secret about my “snicker bar” lunch. I was just plain relieved that the bar exam “wait” was finally over.
That’s the problem with all of the helpful advice from our friends, employers, law professors, and family members during this waiting period. For all of us (or at least most of us), there was something unusual that happened during our bar exam. It didn’t seem to go perfectly. Quite frankly, we just don’t know if we indeed passed the bar exam. So, here’s a suggestion for your time with your friends, employers, law professors, and family members.
First, just let them know how you are feeling. Be open and frank. Share your thoughts with them along with your hopes and fears. Second, give them a hearty thank you for all of their enriching support, encouragement, and steadfast faithfulness that they have shared with you as walked your way through law school and through this week’s bar exam. Perhaps send them a personal notecard. Or, make a quick phone call of thanks. Or send a snap chat of thankful appreciation.
Regardless of your particular method of communication, reach out to let them know out of the bottom of your heart that their support has been invaluable to you. That’s a great way to spend your time as you wait - over the course of the next several months - for the bar exam results. Finally, don’t give up your hopes and aspirations for your legal work. We need you, all of you, as officers of the court. And, don’t forget, as Goldie Pritchard mentioned in yesterday’s blog, to take time out today to “appreciate and enjoy your accomplishments” as law school graduates and bar exam takers! (Scott Johns).
Wednesday, July 27, 2016
For the past few years, your focus has been on finishing law school, walking across the stage at commencement, and taking then passing the bar exam. Well, you have finished law school, you may have walked across the stage at graduation, you took or are almost done with the bar exam, now what’s next? You may be a planner and have a perfect plan for the days, weeks, and months ahead. For others, your next steps involve visiting your law school's career services office or referencing communication they may have shared with you.
All in all, take the time to appreciate and enjoy your accomplishments, get some rest, and dream big about the journey and adventures ahead of you. It is no small feat to attend law school, complete law school, graduate from law school, prepare for the bar exam, show up for the bar exam, and complete the bar exam. You did all of that! Not everyone can accomplish what you have accomplished and not everyone who started the journey completed it. Take pride in your accomplishment. (Goldie Pritchard)
Thursday, July 21, 2016
There's been a lot of talk about "growth mindset" and for good reasons.
As the author of Mindset: The New Psychology of Success Dr. Carol Dweck relates in a June 21, 2016 commentary on the website Education Week, "...my colleagues and I learned things we thought people needed to know. We found that students’ mindsets—how they perceive their abilities—played a key role in their motivation and achievement, and we found that if we changed students’ mindsets, we could boost their achievement. More precisely, students who believed their intelligence could be developed (a growth mindset) outperformed those who believed their intelligence was fixed (a fixed mindset)." http://www.edweek.org/ew/articles/2015/09/23/carol-dweck-revisits-the-growth-mindset.html
But, with the bar exam looming next week for many law school graduates, as the saying goes, "sometimes a picture is worth a thousand words" to hep you and your graduates "catch" hold of a growth mindset in the midst of bar exam stressors. So, at the risk of minimizing the science behind the growth mindset, here's a quick video clip that just might spark some positive vibes of optimism as you and your graduates focus on final tune-ups in preparation for the bar exam next week: http://www.values.com/inspirational-stories-tv-spots/99-the-greatest
In particular, just like the baseball player, we don't all have to be great hitters…or runners…or pitchers…to be successful on the bar exam. But, right now, most of us working through bar exam problems feel like we don't even know enough to play the game, to run the bases, to hit the ball, in short, to pass the bar exam. However, it is not about knowing enough that is key to passing the bar exam. Specifically, I try to place my confidence NOT in getting right answers on bar exam problems but rather in learning and demonstrating solid legal problem-solving abilities. It's just not an exam in which one can always be correct. So, don't worry about what you missed. Instead, focus on just being the best possible problem-solver player that you can. (Scott Johns).
You Can Do This!
Wednesday, July 20, 2016
The bar exam is next week and bar studiers are experiencing a variety of emotions. Please keep in mind that you worked hard in the weeks and days leading-up to this point. Now, it is time to take care of yourself so you can perform at an optimal level.
Rest. Sleep is a tool to help you feel refreshed for the exam ahead and to help improve your memory. With sleep, you can strengthen memories and skills you practiced while awake. Memories of incorrect answers to essay or MBE questions become memorable fact patterns.
In the alternative, do something else you find relaxing such as watching a movie or your favorite TV show, meeting-up with a non-law school friend for lunch or an activity, or just lounge around. Remind yourself that you have put in a lot of work and it is okay to rest a little.
Prepare. If you are flying or driving to the location of your exam, pack your belongings and pack your car early. Ensure that you have the essential items but also consider packing one or two things that bring you comfort.
Map-out your route to the testing site and determine how much time to allow but also consider alternative routes.
Layer your clothing in such a way that you can adjust to changes in temperature (extreme cold and extreme heat) throughout the testing period.
Have cash on hand as you might need it for parking, lunch, or other emergencies. Have a plan for where you will have lunch.
Have a plan for how you will address stress, anxiety, and stay focused prior to the exam, during the exam, and after the exam. Think of how you will refresh for the next day.
Visualize yourself sitting at the table, taking the bar exam, and passing the bar exam.
Meet the challenge. This is an exam you are likely to feel unprepared for regardless of how much time and effort you devoted to the process. Trust your process and your intelligence. You are capable of reading and following directions so you know what to do. You have completed hundreds of practice questions so you can do it. You have compartmentalized and organized information in a number of ways so you can retrieve information.
You own and only have control over your experience so stop comparing yourself to others. Be optimistic! Stay forward looking! You have the Academic Support and Bar Preparation educator(s) at your law school cheering you on. You can do it, truly. (Goldie Pritchard)
Wednesday, July 13, 2016
The “practice run” through should be your priority. As a bar studier, you want to mentally prepare for the exam ahead and the best way to do this is to mimic the circumstances surrounding the bar exam. Next week is ideal for this type of activity because you are done with bar review and have a full week.
Read and Follow the Instructions
Know the policies of your exam site and the policies of the jurisdiction where you are taking the bar exam. Know what items are permitted and what items are prohibited. Ensure that you do not bring prohibited items such as cell phones, fitness trackers, or bar review books. Ensure that you bring necessary items such as admission ticket, identification card, laptop, and writing utensils. Know what type of behavior is prohibited and ensure that you comply. Review information included with your admission ticket and (re)visit your jurisdiction website for any policy updates.
Know the Structure of the Exam
Ensure that you know the dates of your exam and what component of the exam is administered on each of the days and in each of the sessions. If you have a three day exam (Tuesday, Wednesday, Thursday), then know what component of the exam is covered on each of those days. Know whether you have essays in the morning and performance tests in the afternoon or vice versa. Know what time each session begins and ends.
Practicing on the days and at the time of your exam a week before your bar exam is ideal. You may have only practiced one session (3 hours) of essays, performance tests, or MBE. You may have practiced a full day (6 hours) of MBE or a writing day practice but you have not done it in the same sequence as the bar exam. The goal of this exercise is to see how you maintain your stamina, how you engage with the material at the times you need to, and how you manage two or three days of testing in a row. It will likely be an exhausting process and plan to be unable to do anything each night. The focus of this exercise is not on assessing whether you will pass the exam based on your performance. Bar studiers focus on the score rather than on time management, energy, and the like. Adrenaline keeps you going on exam day but you are fighting fatigue from the past few months and you want to train your brain to engage when you need it to. This is also an opportunity to practice following the policies of your testing center and jurisdiction. (Goldie Pritchard)
Wednesday, June 29, 2016
Unlike the fear of the bar exam essay, bar studiers tend to face the practice MBE exam head on. Maybe because with multiple choice questions the correct answer is included in the answer options and one has a one in four chance of uncovering it. Also, one could attribute poor performance on the MBE to the format of the exam, multiple choice questions. Either way, comprehensive information recall is not perceived as imperative because of the hope that facts might trigger recollection. The challenge is whether recollection is accurate or complete.
Post practice MBE, three categories of bar studiers emerge: (1) the Confident Conqueror, (2) the Insecure Naysayer, and (3) the Earnest Hard Worker.
The Confident Conqueror likely met or exceeded the benchmark for “success.” This person is excited and might even be arrogant about their achievement. They know that they will pass the bar exam. Social media might be where they announce their achievement or they might share their score with students in their bar review course. For some, this achievement provides confidence and energy needed to effectively continue the process. For others, this success is detrimental because laziness, procrastination, or bad study habits takeover.
The Insecure Naysayer is the polar opposite of the Confident Conqueror. This person is devastated because they failed to meet or barely met the benchmark for “success.” They previously may have been fearful and intimidated by the bar study process but they are even more fearful now. Complaining may have been a habit for this person but now they have justification for their frustration. Following the study schedule, completing assignments, and carefully following the program did not yield expected results. They are convinced that they will not pass the bar exam.
The Earnest Hard Worker is somewhere in between the Confident Conqueror and the Insecure Naysayer. This person’s performance might be in the middle of the pack or they may have failed or achieved the benchmark for “success.” Regardless of their performance, this person is working smart and not hard. They are self-aware and aware of the progression in their studies. They may have challenging moments but they can always pick themselves up or rally individuals who can help.
Whether bar studiers find themselves in one of these categories or none of them, maintaining a hopeful and positive attitude combined with hard work is necessary for success. (Goldie Pritchard)
Friday, June 3, 2016
As the dulcet birdsong of spring gives way to the blistering Hades of summer in South Carolina, I spend a lot of time working with students as they prepare for the essay portion of the bar exam.
Students struggling with this portion of the bar exam seem to fall into one of two groups. For one group, the problem is that they are writing too little. So, for example, if there is a question involving the UCC and a sailboat, they won't write down what the UCC is, what it covers, or why a sailboat might fall under the UCC rules.
For the other group, the problem is that they are writing too much. In that case, if the question involves what happens when a guy calls up his attorney and tells her to toss his will in a fire, this group will start with "A will requires two signatures ..." and eventually write down absolutely everything they know about wills.
Either way, even if the student actually knows the applicable law and how to apply it, the exam grader can't tell. If the exam grader can't tell, the exam grader is not going to award points. I've seen students fail bar exam essays for both of the above reasons.
Consequently, when evaluating essays, I remind the student to write essays as if he or she is speaking with a client. A client is not an expert in the situation, and the student needs to explain to him or her what rules apply and why those particular rules apply. On the other hand, if the student hits the client with a firehose of information, he or she will have no clue as to what things are important, what the rule actually is, or why that rule applies, even if the actual information is buried in there somewhere.
Thursday, November 5, 2015
Texas just released its results this afternoon. As more and more bar results are released throughout the United States, we can celebrate with many of our graduates. Congratulations to all of the law school graduates who have passed the bar! Congratulations also to the many ASP and Bar Prep colleagues who work with their graduates to make these results possible!
We know that some graduates will not have passed this time. Failures are often the result of illness, family emergency, or other personal issues. For some graduates, the problem was working too many hours during bar preparation or being unable to afford a bar review course. There are many reasons that the exam might not have gone as well as hoped for by a taker.
Disappointment is a natural emotion for those who were not successful. Each person needs some time to grieve, evaluate the situation, and find resilience. Please realize that there are people at your law school who want to assist you to be successful in your next bar exam. Talk to the academic support and bar preparation professionals, faculty, and deans at your law school to get assistance and use the many resources that are available to you.
You can find new strategies to approach your bar study. You can re-evaluate and make corrections. You can persevere. After you have some time to recover from your disappointment, reach out to those who want to help. (Amy Jarmon)
Thursday, September 24, 2015
"Is the Bar Too Low to Get Into Law School?" is the headline in today's New York Times "Room for Debate" section. It posed the question: Why are so many law students failing the bar exam? This is a complex issue and as the different responses make clear, there is no simple answer.
The debate started more than a year ago. The July 2014 bar exam was one of the most exciting (and not in a good way) and controversial bar exams in recent history. It is widely known as Barmageddon or Barghazi due to a nationwide debacle on the first day of the exam. The first day is the written portion; test takers pay a fee ($100-$125) to use laptops and then upload responses through an outside company. Most jurisdictions use ExamSoft. Last year ExamSoft experienced a system-wide failure and test takers across the country were not able to upload responses. ExamSoft eventually fixed the problem but not until thousands and thousands of test takers had stayed up most of the night trying to submit their responses. To say it was stressful is an understatement.
By the time day two started, many test takers still did not know the fate of their responses- were they uploaded? would the jurisdiction accept them after the deadline? Day two of the bar exam is the Multi-State Bar Exam (MBE)- the multiple choice portion of the test that every state (except for LA) uses. It is created, scored and scaled by the National Conference of Bar Examiners (NCBE) and although it is only one part of the overall score, jurisdictions use it to scale the other portions of the exam. In other words, the MBE score is a big deal. The rest of the bar exam was uneventful. Until jurisdictions started posting results. Almost every jurisdiction reported historically low bar pass rates. This is when the finger-pointing began: Many law schools blamed the MBE, saying the test was flawed. The NCBE fired back, claiming takers were "less able" than in past years. Not many seemed to see any connection between Barghazi and bar scores.
Fast forward to July 2015. The NCBE added a seventh subject to the MBE but the exam itself is uneventful. No system failures. No Barghazi, part II. Then results started trickling out. Pass rates are lower than last year and so is the national median for the MBE. You have to go back more than twenty years to see a median score this low.
So, why are so many students failing the bar exam? Is it because law students are "less able?" Is it the addition of more material? Are law schools not adequately preparing students? Is the bar exam itself a flawed test? There is definitely "Room for Debate".
Thursday, August 20, 2015
Spoiler: I'm into rhetorical questions, so I'm not going to answer the one I asked above in this post.
A little over a month ago, I sat for a 200 multiple-choice question exam to determine whether I would cross a hurdle necessary for professional licensure. The readership of this blog is probably a little confused because the bar exam was a little less than a month ago. So to answer the obvious question, no, I was not sitting for yet another bar exam. But I have sat for the bar exam in two jurisdictions, so I was comparing the ordeal for licensure in this new profession against that “golden” standard.
My experience leading up to the test was as follows. I filed my application to undergo supervision as a precursor to becoming a licensed professional counselor in the state of Oklahoma in the summer of 2014. The Board did what it had to do with my application which seemed to consist of a verification of education, a background check, confirmation of a relationship with a suitable supervisor and place of employment, and payment of the fee. After about five weeks, they sent me two letters. One notified me that I could begin accruing supervised hours and the other that I was eligible to take the licensure exams. I have two years from the date of that letter to schedule and successfully complete my examinations. It’s a two-part exam, the already mentioned MCQ exam and then a brief, separate law and ethics exam. I looked at my calendar and said, “I think I’ll take it next summer while my students are preparing for the bar exam; I need a reminder of the misery so that I can be sufficiently sympathetic to their ordeal.” A school year goes by during which I continue working as an academic support professional and I accrue supervised client-contact hours in my spare time.
In early May, I pulled out the letter to find the procedure for registering for the exam. I had to apply with a third party administrator to take the exam. I sent in the application with a check and a copy of the Board’s eligibility letter. While waiting to hear back from the third party administrator, I procured my materials to prepare for the exam. I bought them new (which most of my fellow graduates did not), and I combined several different providers resources. They cost less than buying the books alone from most of the bar prep providers.
By the end of May I received an email with my approval and instructions to continue. I went to their website. I entered my zip code. I chose a geographically convenient testing center. It then showed me a calendar with available appointment times. I selected a convenient and feasible date and appointment time to take the exam. Because mornings aren’t my friend, I choose a noon appointment.
I won’t bore you with the details of my study plan (or my study reality) and I’ll go straight to test day. On test day, I had a leisurely breakfast and ran a couple of low brain-power errands, e.g. buying moving boxes. I reported to the testing center 20 minutes before my appointment with two forms of ID in hand. The receptionist checked my ID, confirmed my appointment, created a palm scan to verify identity should I need to exit and then return to the test. I put my hair in a ponytail because a hair tie on my wrist is a threat to test security while one in my hair is not. All of my belongings except my picture ID went into a locker, and I was escorted into the test room to my testing station. The proctor pulled up the test on the computer, gave me a brief orientation, and then left me to the test.
The format of the exam is a 200 question test in a multiple choice format, given in what someone who has taken the MBE considers an overly generous amount of time (I believe it was 240 minutes). It covers eight different content areas as well as five different types of work behaviors. Only 160 of the 200 questions are live questions; they are testing 40 items on every single administration of the exam. And I received my results within 60 seconds of hitting the submit button. Had I failed, it would be three months and another registration fee before I could attempt again. I exited the room, and they used my ID and palm scan to verify that I was still the person who entered the room to take that test. They gave me an unofficial copy of my test results and I was on my way within 90 minutes. No BS belief that finishing the exam early indicates I’m compromising exam security.
Moving to the point I really want to draw with this post - many other professions, some that are arguably more aligned with the practice of law than counseling, use an examination format closer to the counseling model than the law model. Some CPA candidates are encouraged to focus on their exam one segment at a time rather than try to pass all sections at once because they can stack scores from multiple testing dates to get the passing score for each component of their exam. Nurses receive an adaptive computer-based test in facilities like the one I was at. Moreover, the GRE is now, mostly, a computer-based test that is administered in centers like the one I went too. And it’s administered to more than 300,000 people in the United States each year. I’m sorry, I know I jumped from licensing to entrance exams, but let’s compare the number of times the GRE is administered in a year with the almost 81,000 people who took bar exams in 2014.
The infrastructure exists in this country to change the way we do the bar exam, while still maintaining the quality of the test in regards to assessing our graduates' core legal knowledge and reasoning skills. In future weeks, I hope to discuss some of the further ramifications of this idea. This change would create some benefits for examinees, state bars, the public at large, and others. There would also be burdens to those same entities, as well as some others, if this thought experiment were to become a reality. (CMB)
Thursday, July 2, 2015
The bar exam is the last test you will ever take. You’ve been preparing for it since the first day of law school. The foundation is built and these weeks of focused study help solidify what you’ve learned over the past 3-4 years. You will pass if you put in the time to learn the material and master the skills. Friends and family believe you will pass. Professors believe you will pass. Your employer believes you will pass. So, why do you doubt your ability to pass? One reason is that you don’t really know what to expect: Will you get an essay on intentional torts or premises liability? How many future interest questions will be on the MBE? Will you remember all the rules for all the subjects? Did you write enough? Too much?
Human beings seek stability. We like rules, routines, and goals. However, the bar exam does not fit nicely into what we’ve always done. You cover a semester a day and even though you spend 8, 10, 12 hours learning material, it doesn’t quite stick. If you could just hold things still, you’d be able to remember the material. Since everything is always changing, this doesn’t work. This is why you worry you won’t be able to learn everything in time and why you doubt your ability to pass. You are trying so hard to control things that you actually lose control.
It is July and the bar exam is at the end of the month. It’s time to get comfortable being uncomfortable. Accept that you cannot learn everything and that you don’t need to in order to pass. At the end of each day, reflect on what you did and know that it is enough. It is not about whether you checked off every task assigned by the commercial bar prep company. It is about working solidly and steadily and moving forward. Focus on yourself and stop worrying about everyone else. Stop discussing what you’ve done (or didn’t do) with your friends and family. If they are studying for the bar exam, it will just be a stressor for both of you. If they aren’t studying for the bar exam, they don’t care.
Instead of looking at all those unchecked boxes, make a list of everything you have done over the past 7 weeks. Look at all you’ve accomplished and give yourself a pat on the back. Add to the list every day and look through it a few days before the bar exam. This is proof that you have done enough. This is why your friends, family, professors, and co-workers know you will pass. It is why you should believe it, too.
Need a little motivation? Check out my all-time favorite inspirational speech (it will be the best 60 seconds of your day): https://www.youtube.com/watch?v=c47otcg13Z8
Monday, June 29, 2015
Some suggestions for friends and family supporting someone through the bar exam.
Bar Taker: I’m going to fail.
Wrong: Keep up that negative attitude and you certainly will fail.
Right: You are a brilliant, wonderful, hard-working person who is going to win the bar exam!
Bar Taker: I’m getting fat/so out of shape.
Wrong: You do look a little fluffy. And your clothes are a little tight. You need to work out.
Right: No you’re not. You look fantastic. In fact, your arms are so buff from lugging around all those commercial outline books it looks like you’ve been doing Crossfit.
Bar Taker: sniffing the air around him/her Do I smell?
Wrong: You don’t smell but that t-shirt you’ve worn for 3 days in a row sure does, and I could fry okra with all the grease from your hair.
Right: You sure do! You smell like someone who is going to pass the bar exam.
Bar Taker: My house/apartment/room is such a mess.
Wrong: Funny you should say that. I just submitted an audition tape to Hoarders.
Right: You poor dear! Please let me help you. You go to the library and study while I clean up.
Bar Taker: Ugh. I am absolutely exhausted from studying all day.
Wrong: Studying all day? You’ve got to be kidding. Tweeting and posting on Facebook about studying is not the same as actually studying.
Right: Studying like that is just so draining. You just relax right here on the couch and let me wait on you for the rest of the evening.
Bar Taker: I’m just so stressed. I can’t do this anymore.
Wrong: Stressed? You think this is stressful? Insert one of the following:
Mother- Try being in labor for 36 hours like I was with you. Now that is stress.
Sibling- You are such a big baby. No wonder Mom loves me best.
Significant other- Stress is trying to deal with you and your incessant whining. By the way, I’m breaking up with you.
Right: I cannot even begin to fathom the amount of stress you are dealing with. This is the most difficult experience anyone has had to go through. Ever. Let me make an appointment for you to get a massage. My treat.
Wednesday, June 17, 2015
I love sports. I love to play sports, coach sports, and watch sports. Studying for the bar exam is like playing a sport, coaching a sport, and watching a sport. There are highs and lows, agonies and defeats, and setbacks and triumphs. Bar review for many law school grads has been in full force for a couple of weeks. The foggy haze of transition from law student to bar student has lifted. Now, it is time for bar students to get their heads in the game.
Like preparing for a sport, you must look at your bar preparation as you would a training schedule. You cannot swim the 500 meters, score the winning goal, or finish the race without focused, incremental, and structured training. Bar review is just that. Everyone says, "Bar prep is a marathon, not a sprint."
During your bar prep, you want to get high scores on MBEs, ace the essays, and finish the performance test with time to spare. However, this is usually far from the realities of your initial phase of bar prep. You have not fully memorized the law or mastered your test taking skills at the beginning of bar prep. However, you are laying the foundation. And, it is this foundation that will get to you game day.
Here are a few ideas to consider as you prepare for game day:
- Map out the remaining subjects that you need to review and the tasks that you need to complete. Writing this out can help you manage your stress and your work load.
- Set realistic goals for each day (or each hour). Meeting goals helps propel you over the next hurdle, builds your confidence, and shows you that you can win this!
- Give yourself time to process the information that is being thrown at you. Do not expect that you will know everything after listening to a lecture and completing 30 multiple choice questions. Bar review is a process, trust in the process.
- Make time for breaks. If you schedule a break, it is not considered procrastination. Everyone needs down time and it is important that you balance your intense study schedule with sufficient time to refresh.
- Evaluate your work. It is important to understand what you are doing right and what you still need to work on. This will help you refocus your time and prioritize improving your weaker areas.
- Play a sport or watch a sporting event (Women's World Cup perhaps). This may give you the inspiration to help you keep your head in the bar review game.
Friday, June 12, 2015
Should we encourage grads to delay taking the bar exam if we think that they will not pass on their first attempt? This is a very sensitive topic and aspects of which are currently being litigated in Arizona. Those of us who are overseeing bar preparation can easily understand the thinking behind what is happening in Arizona. We work with very diverse groups of students and we know their likelihood of success on the bar exam hinges upon several factors.
Some students are working full time as they study for the bar; some are caring for an elder or young child; and some struggled throughout law school and barely graduated. Others are less motivated to put in the necessary time to pass the bar with a traditional 8-10 week preparation window. We also understand that some students will greatly benefit from taking some time off between law school graduation and studying for the bar exam.
Because we know most of our students so well, we are keenly aware of particular students who are unlikely to pass on their first attempt (due to any number of reasons). Thus, does this mean that we should discourage them from sitting for the bar this summer? Personally, I have grappled with this notion. However, I have heard of other Professors, Law Schools, and ASPers who often dissuade (and possibly entice with incentives) grads into delaying their bar examinations.
Unless I have been directly asked by a grad for my professional opinion, I wrestle with whether it is my place to influence their decision to sit for or delay sitting for the bar exam. However, when you work so closely with grads during their bar preparation, we do not just think that they may not pass; instead, we often know that they will not pass. Bar exam performance can be predicted when you look at several factors and data points. When I have access to their scores throughout bar review, especially their simulated exams, I can predict with a high level of accuracy their performance on the actual bar exam.
Does this mean that I should encourage delaying the exam? This is the very issue I grapple with. On the one hand, when I know that they will likely fail the exam, encouraging them to wait means they do not have to experience the shame and defeat associated with failing the bar. We also know that once a student has failed the bar exam, passing it becomes a bigger psychological and emotional challenge. (As if it could be more psychologically challenging.) Dissuading them from sitting, also means that bar passage statistics will likely be more favorable for my law school; thus, the dilemma. Because of the current state of affairs in legal education, law employment, and law school admissions, bar passage matters. It matters more now than ever. Therefore, there is no easy answer.
Monday, May 18, 2015
Bar Exam Season is here.
Just a few days ago you took your last law school exam and celebrated graduation and hooding with family and friends. You’ve barely had time to open the graduation cards and now it’s time to hit the books again. Commercial bar prep has begun and it is just the beginning of a great adventure. You’ve worked hard for almost three (or four) years, 10 more weeks is no big deal. The good news is that the first week is the easy week so take advantage of any free time to do the following:
Organize your life.
- Do laundry, go grocery shopping, clean your apartment. Studying for the bar exam seems to affect your ability to do any of these things.
- Talk to family and friends about the next 10 weeks and how you will be less available. Assure them you will make time for them but studying for the bar is a full-time job.
- Find a healthy, non-law related activity to help with stress relief. It is important to relax and have a little fun. It’s good for your mental, physical, and emotional health.
Organize your study schedule.
- Go through your bar exam material and familiarize yourself with it. You will use some things more than others and it’s good to figure out your go-to sources early.
- Take a look at the prepared study schedule and modify it to fit your learning and study needs. Figure out your study approach and make sure you have all your study supplies.
- Find a place to study. Try out a few different places and figure out which atmosphere best promotes focused study (hint- it will not be anywhere in the vicinity of a tv, refrigerator, couch, bed, etc).
You've got 10 weeks of studying ahead of you. There's no getting around it so you might as well make the best of it. (KSK)
Tuesday, May 5, 2015
After considerable debate and several public hearings, the New York Court of Appeals has adopted the recommendation of the Advisory Committee on the Uniform Bar Examination and in July 2016 New York will administer the Uniform Bar Examination. The New York State Board of Law Examiners has proposed that New York set the passing score for the UBE at 266. In other jurisdictions, the UBE passing scores range from 260 (Alabama, Minnesota, Missouri) to 280 (Alaska and Idaho). The bar exam landscape is changing. Will this move create a "domino effect?" Will other states change their passing scores? Will New York see an influx of applicants? Only time will tell.
Tuesday, March 24, 2015
Hat tip to Katherine Silver Kelly for sharing the link to this post on the Summer 2014 bar exam results. This article is a must read for anyone interested in the decline in the MBE scores from the July 2014 bar exam. Deborah Merritt, on the Law School Cafe blog, explains the scoring process of the MBE and shows how the ExamSoft debacle could have caused bar results to suffer in more ways than one.