Thursday, July 17, 2014
Writing style, organization, and format are critical to successful bar exam performance. Do not fall into the trap of only memorizing the law. You must also focus on your approach and your writing techniques in order to reach a passing score on the Multistate Essay Exam and the Multistate Performance Test. Here are a few ways to ensure that you will achieve passing scores:
Essay Exam Tips
- First, carefully read the call lines so that you know what the examiners are asking. Craft your answer around those calls. See an earlier post Answer the Question for more details.
- Actively read the facts. Search for the legally significant facts and try to find relevance for all of the facts. Use a pen to make notes in the margins and/or circle/underline the key details. (Highlighters are not allowed in certain jurisdictions.) These details should be used in your analysis.
- Use IRAC!
- Use simple straightforward sentences and short paragraphs.
- You should have a new IRAC for each legal issue. Separate your issues to maximize your points.
- Do not merely memorize and recite rules. NO DATA DUMPS! Instead, show the graders that you know the rules and understand how they apply to the facts. In order to do this successfully, you need to weave the facts into your legal analysis.
- MAKE IT EASY FOR THE GRADER TO GIVE YOU POINTS!
- Keep track of your time. Write the start and end time on your scratch paper for each of your essays. This will help you with managing your time. Do not go over the 30 minutes allotted for each essay.
- After each essay is completed, put it behind you, and focus on the next essay or the next section of the exam. Do not waste time and head space second-guessing your performance on an earlier essay. Stay in the present and stay positive!
Performance Test Tips
- Pay close attention to the task memo and the specific instructions within it. The task memo holds the key to your success. Consider who you are, who your client is, the tone, format, and limiting instructions for your task.
- Create your framework from the issues presented in the task memo. Use detailed and descriptive headings and issue statements throughout your task.
- Next, read the file to outline the key facts related to your task and your issues. (Alternatively, some applicants prefer to read the library first.)
- Take your time! Read the facts and the law carefully so that you have a good understanding of your case and are able to identify the salient details.
- Organize your thoughts before you begin writing. Use your scratch paper! You do not need fancy charts, but you may need to sketch out your framework or bullet point your key facts either on your scratch paper or in your examsoft file on your computer. This should take between 30-45 minutes.
- Use only the amount of time allowed for each PT task. Write your start and end time on your scratch paper and move on to the second task when your time is up.
- Use IRAC! Use it for every issue and sub-issue!
- Synthesize the cases by writing brief case summaries. For example, “In Holt, the athlete Holt’s face was not visible and his number, sponsors, and name were deleted, however other specific defining features (the unique color scheme and design of the athlete’s ski suit) were visible.”*
- Compare and distinguish your facts from the facts in the cases presented in the library. For example, “Our case is similar to Holt because in the photo used by the Gazette, no part of Jackson’s face was visible. Additionally, in our photograph, most of Jackson’s body and uniform were obscured and only the second zero of his uniform was visible. However, our case is distinguishable from Holt’s because in Holt the athlete had a unique suit design and color that belonged only to him. Here, there were at least two other Blue Sox players who were the same race as Jackson and who wore the number ending in zero like Jackson at the time the photo was taken. Thus, unlike Holt, it is possible there was no unique uniform that made Jackson readily identifiable.”*
- Make your answer easy to read. Use short concise sentences and paragraphs and make each word count.
- Remember to review what you have written before time is called. Become the grader. Save a few minutes at the end to read and edit your MPT answer.
Keep practicing…practice equals passing!
*Examples taken from passing Georgia bar exam answers.
Wednesday, July 16, 2014
You’ve spent the past two months weeks cramming thousands of pieces of material into your brain. You eat, sleep, dream bar exam. You are probably afraid to see or hear anything non-bar exam related for fear it might push a rule of law out of your brain. You are ready to get into the bar exam zone. Below are a few tips for getting into (and staying) the bar zone:
- Pace Yourself: Follow the bar exam schedule. Get up and be studying by 9am, take a break at noon, study until 5-6. 8-10 hours, max. That’s it. No 12+ hour days. No studying until 3am and crashing until noon. It’s time to get your brain and your body on the bar exam schedule.
- Balance Review and Practice: This is not a law school exam where you are expected to know absolutely everything and get points simply for discussing it. This is the bar exam and although substance matters, so does style. Your response has to be thorough, organized and concise. If all you do is memorize then you won’t be able to actually write a response. If all you do is answer questions, you won’t know why you make mistakes or how to avoid making them again.
- Go With the Flow: Every time you read a question remember that it’s not about what you want to say, it’s about what the bar examiners want you to say. Spend time answering questions so you can recognize patterns and develop a strategy. In just a few days, the process will become natural and by exam day, it will be a comfortable habit.
- Address Anxiety:Being anxious is normal and expected. You just can’t let it interfere with performance. When your nerves start getting the best of you, stop and take a breath. Think of all you’ve done thus far; have confidence in your preparation and abilities. Take it one question at a time and work your way through. Keep moving forward. Your instinct will kick in and soon you’ll be back in the bar exam zone.
Katherine Silver Kelly
Thursday, July 3, 2014
A fun 4th of July hypo for all of you studying for the bar exam.
Ariel and Elsa decided to throw a party for the 4th of July, which also happened to be their 20th birthday, at their parent’s beachfront home. Their parents were out of the country traveling, but they knew of Ariel and Elsa’s party plans and provided the beverages, which included several cases of the finest French champagne. After Triton’s Catering delivered the crab cakes, caviar, and chocolate ganache cake, the guests started to arrive. Swarms of invited guests mingled and danced to the tunes of the band, The Snowman and The Mermaid.
Ariel is allergic to nuts and Triton’s Catering was informed that the food should be prepared without them. Sebastian and Olaf, Ariel and Elsa’s neighbors, brought fireworks to set off during the party. After each consuming several glasses of champagne, Sebastian and Olaf started the firework show on the beach. The fireworks beautifully lit the dark night sky.
During the firework show, Olaf’s little sister Anna, who was 7 and uninvited, grabbed a firework from the pile on the sand and set it off over the water. Since the firework was not properly ignited, Anna received 3rd degree burns on her arm and the firework landed on a wooden boat moored in the harbor, which went up in flames. Paramedics responded to a call and placed a tourniquet on Anna’s arm. The tourniquet was applied too tightly and resulted in Anna’s arm being amputated.
The music and noise from the partygoers angered neighbor Ursala and she told them to end the party or she would call the police. Elsa, yelled at Ursala in front of the crowd of partygoers and told her to “Let it go! Just go away and slam the door! You are crazy and should go back to the crazy farm where you have been for the last year.”
After enjoying some champagne and caviar, Ariel ate a slice of chocolate cake. Her throat began to swell and she stopped breathing. The paramedics tried to revive her, but it was too late and Ariel died. A reporter showed up and included in an article the next day, that the neighborhood is convinced that Ursala is crazy. Neighbor Hans was quoted as saying that, “It was only 9:30 at night and the music didn't bother him anyway.” Ursala had a breakdown as a result and now cannot leave her house.
Discuss the liability of:
1. Ariel, Elsa and their parents
2. Sebastian and Olaf and Anna
3. Triton’s Catering
Thursday, June 19, 2014
Many bar applicants are unsuccessful on the written portion of the bar exam because they fail to adequately answer the question(s) posed by the examiners. However, telling our students to “answer the question” not only seems obvious, but can also feel patronizing. To avoid this, I clarify how a student can ascertain what the examiners are really asking by following these steps.
Step 1. Read the call of the question to identify the subject, parties, and cause(s) of action. If the call is narrowly crafted (i.e. Can Abel be found liable to Cain under a strict liability theory?), make sure that you are answering the specific direction within the call. If the call is broadly drafted (i.e. Discuss the liabilities of the parties.), you will need to determine the central focus from the facts presented.
Step 2. Before moving forward, recall the key topics within the subject area being tested. You should be able to visualize your checklist, flowchart, or outline for each topic area. You may even want to quickly write your mnemonics on your scratch paper.
Step 3. Now, it is time to “actively read” the fact pattern. What does “actively read” mean? Use a pen/pencil/highlighter (depending on your state bar policies) to circle, underline, or annotate the facts as you read through them slowly. Pay attention to numbers, quoted language, unusual FORMATTING, and repetition within the fact pattern. These are structural and factual issue signals. Pay close attention to these facts and use them liberally within your answer as you apply the law. Reading slowly and carefully will help you to fully synthesize and find relevance for all of the facts.
Step 4. Use your scratch paper. Yes, use the paper provided to sketch out your answer before you begin typing your response. Do NOT rewrite the entire fact pattern or your entire outline. Use your scratch paper to list the buzzwords and legally significant facts. But, you may also want to write the call of the question on your scratch paper to ensure that you answer it. These brief notes will help later with your IRAC.
Step 5. An important last step: reread the call of the question! Make sure that your scratch paper notes and initial impressions align to the actual question being asked. Now, you are ready to begin writing your answer.
Bar exam drafting committees are constructing fact patterns and questions to test various skills and abilities. The ability to identify legal issues and determine the legally relevant facts are two such skills. Knowing the law thoroughly will help you spot issues and will help you answer the question. But, practice will help even more.
(Lisa Bove Young)
Monday, May 26, 2014
We have all experienced many firsts: our first day of school, first car, first date, first victory, first defeat, first kiss, first heartbreak, and first day of law school (maybe not in that order). Today, you will experience another common first…the first day of bar review (cue Beethoven’s 5th).
No matter which bar review course you are taking, the first day of bar review is overwhelming. There are new books, new terms and acronyms, and so much new information. To say that this first day of bar prep is overwhelming is truly an understatement. Instead of going under-prepared and leaving in a catatonic state, here are a few suggestions to make this monumental first not only tolerable, but also productive and meaningful:
- If you have received a box of books or binders, envelopes filled with paperwork, or links via email, open them and read them PRIOR to attending your first bar review class.
- Start your bar review routine off right: Get a good night’s sleep before your first day, chose a wake-up time that will get you to your class with time to spare, and eat a nutritious breakfast.
- Be comfortable, but look presentable. You do not want someone to think you raided Barry Manilow’s wardrobe.
- Pack energy boosting snacks: pick your protein (nuts, yogurt, cheese, hummus, freeze dried ice cream, hardboiled egg…). You need to stay awake and feel energized.
- Bring a notebook to take notes and a hardcopy calendar or planner. You do not need your computer.
- Pray, meditate, practice yoga, or adopt another ritual that will help keep you centered. You must find a way to stay motivated, focused, and positive. Bar prep will wear on your psyche; thus, you must approach it with a clear plan and an open mind.
Above all, take your first day of bar prep seriously. If you underestimate the importance of this first day, you may miss valuable information and set yourself on a path toward failure. Instead, approach the first day in earnest. Show up physically and mentally and set yourself up for bar exam success.
Wednesday, March 12, 2014
For many 2 and 3Ls the Multistate Professional Responsibility Exam (MPRE) is right around the corner. The MPRE is a multiple choice exam consisting of 60 questions offered three times each year. The MPRE is a required licensing test for all states except Maryland and Wisconsin. The American Bar Association (ABA) Model Rules of Professional Conduct, the ABA Model Code of Judicial Conduct, and controlling constitutional decisions and generally accepted principles established in leading federal and state cases and in procedural and evidentiary rules are tested on the MPRE. Commercial bar companies have condensed these rules in their review lectures. And, fortunately, most of these companies offer free MPRE courses and materials for students.
Although these free resources are available, many students do not take advantage of them. Instead, they underestimate the difficulty of the MPRE and sometimes take the exam without even studying. While the MPRE is not as challenging as the Multistate Bar Exam, it is still a high stakes standardized test that requires concerted effort in order to reach a passing score. A careful study of the rules sets a firm foundation for test day. Additionally, as with any test, completing practice questions will hone an examinees test taking ability and will help assess their performance. The commercial bar courses offer ample practice questions for this purpose. The National Conference of Bar Examiners also offers for purchase one Online Practice Exam (OPE) for the MPRE.
Here are a few other things to keep in mind as you prepare for the MPRE:
- Arrive on time, but not too early. Once you have been checked in by the proctors in the testing room, you are not allowed to leave prior to start time. If you arrive too early, you are stuck waiting in a room full of overly anxious applicants and an assortment of #2 pencils.
- You cannot chew gum during the exam (or have other food or drinks). I really wanted my gum, but they made me throw it away.
- You cannot wear earplugs! Why? I do not know the answer. This is cruel and unusual.
- You are able to leave the room during the test, but depending on your testing site that may not be a great idea. At my testing site, the bathroom was two flights of stairs from the testing room. (Even though I wanted to take a restroom break, I did not want to sacrifice the time.) Extra time is not given for restroom breaks.
- You cannot bring anything into the testing room- no cellphones, no bags, no books... Bring your pencils, your ID, your admission ticket, (photo- see below) and your knowledge of PR.
- Don't forget to bring a current passport-type photo on exam day. Think about getting this out of the way early.
- Leave your watch at home. Watches are not allowed at the test center. Electronic devices of any kind are not allowed either.
- As with the bar exam, wear comfortable layers. The temperature of the room may be too hot or too cold and may fluctuate during the course of your test.
Above all, do not minimize the effort needed to prepare for the MPRE. Last minute cramming may lead to regret. Scores are posted approximately five weeks after the test. Good luck to everyone taking the MPRE!
Thursday, March 6, 2014
Now that the celebrations and champagne toasts have faded, bar examinees may feel lost, deflated, or generally lacking direction. This state of mind is what I refer to as the "Post Bar Exam Blues." As with other challenging life transitions, processing their bar exam experience will take time. They have been on a roller coaster ride with extreme highs and lows for the last eight weeks. Once the ride ends, it is hard to remember who you were before you got on.
In order to best move through this period, I suggest that students first reflect on their experience. Sharing their feelings with someone they trust can help them work through their fears, their doubts, and acknowledge the incredible accomplishment of getting through this test. Writing out their feelings is also helpful. Once they get these emotions out into the universe, it is easier for them to put the experience behind them and avoid replaying it over and over again in their mind.
Results generally take several months to be released. Thus, once they have the opportunity to reflect on their experience, it is best to redirect them toward something positive and productive. Second guessing their performance, or holding their breath until results are posted is fruitless. Instead, having them create a list of current projects or ways to use their free time can help them see that there is life outside of bar review. Also, jumping head first into a new job or a job search can help remind them why they wanted to become a lawyer. Ultimately, getting them to understand that they are not defined by their MBE score will help them remedy their blues.
Wednesday, March 5, 2014
Is the check a negotiable instrument? Is the party a holder in due course? Was the check properly payable? These are frequent questions bar students draft as they struggle through answering Uniform Commercial Code (UCC) Article 3 & 4 bar essays. However, these struggles appear to be over for many. According to the National Conference of Bar Examiners (NCBE), effective with the February 2015 bar exam, Negotiable Instruments (Uniform Commercial Code Article 3 and the excerpts of Article 4, Bank Collections) will no longer be tested on the Multistate Essay Examination (MEE).
This news should come as a relief to future bar exam applicants and Academic Support Professors as well. UCC 3 & 4 is an area that students rarely study in law school. They approach bar review with little (if any) knowledge of negotiable instruments and bank deposits and collections. The unfamiliar language coupled with the lack of practicality make this area difficult for students to internalize. Some students may have never even written a check! Additionally, many states that do not use the MEE, no longer test UCC 3 & 4. Thus, the decision to remove UCC 3 & 4 from the list of subjects tested on the MEE seems timely and appropriate.
This news also made me wonder how decisions like this are made. For example, are there are other subjects that should also be eliminated from or added to the list of subjects tested on the MEE? What is the process by which these decisions are made? Additionally, NCBE has expressed interest in adding more subjects to the Multistate Bar Exam (MBE). Should all of the current MEE subjects also be tested on the MBE? Is this truly necessary for assessing competency? Or, is this a bar that will negatively impact access to the profession?
Friday, February 28, 2014
Congratulations to all law schools' graduates who have completed a state bar exam this week! Yesterday we had faculty and staff gather outside the law school and cheer the bar studiers as they exited the building. Some stopped for cookies and chats before heading home for a well-deserved break.
I am sure that many of us can vividly recall our bar exam experiences. I took the Virginia bar exam in Roanoke at the Civic Center in July. In Virginia one had to wear court attire (last time I checked, they still do) so that the moment it was over the fellows were ripping off their neckties, everyone shed suit jackets, and the gals were changing into comfortable shoes.
Since my folks lived two hours away from the test site instead of my own six hours back to where my home and law school were, I drove straight to their house. I think I was semi-shell-shocked the whole way. It was over! I was worn out, already thinking about the long wait for results, and praying that I would not have to take it again.
After my mother's delicious home-cooked meal, I crashed into bed and slept until well past noon the next day. When I returned home a few days later, lots of bar studiers were still in town. Everyone had a bar exam tale to tell.
Virginia issued results late that year. Rumors were rampant about how many had failed and why there was a delay. When results finally came out, I felt like a millstone had dropped from my neck and was SOOOO relieved to pass. Even after we had all been practicing for several years, others told me that they still shuddered whenever they drove the interstate across Virginia and the Roanoke Civic Center came into view from the highway. Most passers vowed to never move from Virginia so that the experience would never have to be repeated!
So congratulations on your hard work. Celebrate your perseverence. Get some rest! (Amy Jarmon)
Tuesday, November 5, 2013
Two weeks ago, I held a workshop about the bar exam for all 2L students. UMass has a significant part-time program, and the number-one concern of part-time students was "How do I study if I can't take time off from my job?" I stressed to all students that studying for the bar exam is a full-time job, and it takes a minimum of 800 hours of study time to succeed on the bar exam (more if a student is taking the California bar exam). Unlike law school, where part-time students have a reduced course load so they can balance work, family, and school, there is no "reduced study load" available for the bar exam. Reduced study time results in failure, and the bar exam is just too expensive to fail. I spoke to the students about spreading their study hours over a longer period of time, and taking the February, not the July, bar exam. I spoke to students about starting bar prep much earlier, so they can get all the study time in, if they must take the July bar.
I think this is a question we should revisit at an upcoming ASP conference. I know there is innovative, interesting programs that prepare part-time students for the bar exam, and I would love to see more information on how we can better prepare part-time students who cannot take time off the job for the bar exam.
Thursday, October 31, 2013
With Halloween upon us, I started thinking about all things frightening. While at this time of the year ghosts and ghouls are the first to come to mind, the bar exam is a close second. The bar exam is the single most grueling test of an individual’s resilience and stamina. While it is a test of legal knowledge, it goes far beyond just knowing the black letter law.
The bar exam is a test of personal strength, courage, and endurance. Applicants are tested in a variety of ways on subjects both familiar and unfamiliar in a severely time limited environment. It is a scary endeavor.
Oftentimes, Law School Deans, Administrators, and even Professors want to mask the bar exam for 1Ls to conceal the utter horror. They want 1Ls to acclimate to their legal education without the haze of the bar exam impeding their focus. Bar review companies are even forbidden on campus so as not to disrupt a student’s transition to law school.
These practices make me wonder. Should we scare our students into studying for the bar? If yes, should we instill this fear as early as 1L year? While I agree that 1Ls have more pressing fears to overcome than the bar exam, I also think it is a disservice to ignore the intensity and sheer hell that awaits them. If I walk into a theater expecting to see a romantic comedy and end up seeing Jason in a hockey mask with a bloody hatchet, my expectations are quashed and I may not know how to react. (I had to...it is Halloween.)
Training students on how to prepare in advance is part of our duty as legal educators. Law students need help learning how to prepare for class, how to prepare their study aids, and how to prepare for their exams. Preparing 1Ls for the bar is also necessary. However, it does not look like full fledge bar prep or even like training given to a 3L.
Instead, 1Ls need notice. They need to know what awaits them and what (if anything) they should be doing before they reach their final year of law school. Here are a few considerations that should be conveyed to 1Ls.
- Think about where you want to practice law. There may be jurisdictional requirements specific to that state.
- Ask questions! Your first year courses are bar tested. If you slip by without having a good understanding of the concepts, you will also be lost during your bar preparation. Seek out the answers to your questions as early as possible so that you can get the academic assistance that you need.
- Begin thinking about your 2L and 3 L years and your course selection. Consider the subjects that are bar tested and the subjects that interest you most. Try to balance your course load between these interests.
- Start planning for the financial impact of the bar exam. Applying for the bar exam is costly and bar exam review courses are as well. Additionally, many students fail to consider the cost of taking time off and paying for incidentals like travel and accommodations while taking the bar exam. Begin saving early!
- Research commercial bar preparation offerings. Many of the bar review companies offer resources for 1L and upper division students for free or a minimal charge. Take advantage of these resources as a 1L!
In other words, let's not "Freddy Krueger" scare them...maybe just add a little Hitchcock anxiety and suspense.
Tuesday, October 8, 2013
I want to give a hat tip to Paul L. Caron, Professor of Law at Pepperdine and owner of Law Professor Blogs, for the following link that might be of interest to our readers. http://witnesseth.typepad.com/blog/2013/08/what-are-my-chances-of-passing-the-bar.html
While I think it is risky to rely on calculators to assess bar passage probability as their results only factor in quantitative data, some students may find this calculator a useful resource for determining where to take the bar exam. Since many of us in Academic Support realize that qualitative data plays a huge role in bar success, the results from this "bar passage calculator" are not perfect. Additionally, if a student is told that their bar passage odds are low, they may make that prediction a reality. However, if a student is open to moving to a jurisdiction where their bar passage odds may increase based on the numbers, this calculator could be beneficial. My advice is to check it out and think about the pros and cons before distributing it widely to your students.
Tuesday, September 10, 2013
Bar Results are released at different times in each jurisdiction. This summer, Washington State administered the Uniform Bar Exam for the first time. In addition to many changes to the exam format, the results release date is changing as well. The bar exam results in WA are being released earlier- one month earlier! It is time to prepare for the results.
Grads often go into hibernation right after the bar exam. They are busy getting their lives back, traveling, getting married, and catching up on their sleep. As they begin to establish new routines distance grows between the bar exam and their current existence. Eventually, they are able to move beyond thinking about their performance on the bar exam.
However, as soon as talk of the impending results begins to surface (likely through Facebook), grads are jolted back to that uncomfortable state of limbo. During the weeks before the release of results, I start receiving emails, phone calls, and visits from grads who are calling on me for support or to ask questions about the delivery of their results. While I did everything possible to help them pass the bar exam, I now have no control over the fate of their results. I find myself in a purgatory of sorts. I, like our grads, am waiting with baited breath for the results.
With less than a week before the release of bar results, I offer these suggestions to grads who are feeling anxious.
- The bar exam is only a test. I know this is easy for me to say when I have already passed the exam. But, this test is only a snapshot in a lifetime filled with many rewarding and joyous occasions.
- The bar exam does not define who you are. (As stated above, the bar is only a test.) Your intelligence and character are not judged by a standardized test taken over a two day period. You have a lifetime to create memories, build a career, and show the world who you are.
- Focus on the things that matter most in your life. Having gratitude for the many wonderful gifts you enjoy in your life can turn a fretful time into one of reflection and personal growth. Sit down and make a list of what matters to you most and use that list to stay centered through the days (and hours) leading up to the release of your bar results.
- Make a plan for when you receive your results. Do you want to be with your friends or loved ones? Or, would you rather receive your results by yourself? Either way, you should make a plan so you can be prepared when the results are released. If your results are not favorable, you should have a support system in place to help you process your disappointment and lift your spirits. If you pass, you will want someone with you to celebrate. I hope all of you will be celebrating!
Friday, September 6, 2013
Two weeks ago we held our Student Services Fair and on behalf of the Bar Studies Program I was invited to participate. The first floor of the law school was lined with rows of tables nicely dressed with red and black covers (our school colors of course). Eager, newly minted 1Ls meandered through the crowd stopping to secure swag and informational handouts from the myriad of vendors and student services teams.
As students approach my table labeled with a “Bar Studies Program” placard, their starry-eye gaze quickly faded. Some completely ignored me and continued to walk past the table to quickly grab a stainless steel water bottle with attached carabiner (because law school is a lot like mountaineering but I will save that for another post). However, a few brave souls stopped to ask a question or flip through the books and brochures that I had on display.
From the fearless few, the most frequent question asked was, “I do not have to think about the bar exam yet, right?” Even though this sounded more like a statement than a question, I ventured to answer. While I did not want to completely terrify them, especially before classes even started, I also wanted to seize this opportunity. Thus, I proceeded cautiously.
From my point of view, bar preparation begins on the first day of orientation (possibly even earlier). Therefore, hopefully without scaring them to death, I discussed a few ideas regarding the bar exam that they should consider as they embark on their legal education. I have highlighted a few here.
Bar Examination Considerations for 1Ls:
- Think about where you want to practice law: It may seem too early to consider where you want to establish yourself as an attorney, but 1Ls should at least consider where they would like to live and practice as they begin their legal education journey.
- Find out jurisdictional requirements: Once you have chosen the jurisdiction in which you would like to practice or narrowed down the jurisdictions, it is a good idea to learn about the licensing requirements in that jurisdiction.
- Pro Bono Requirements: States may begin to require pro bono service for bar applicants. For example, New York State recently adopted a pro bono service requirement. Other states may soon follow suit...stay tuned. Either way, volunteering your time by doing pro bono work is win- win.
- Register with the bar association: Some states require law student registration or require a first year law student’s exam to be completed. For example, California requires CA law students to register with the State Bar within 90 days after beginning law school.
- Build the foundation for bar review: Keep in mind that everything you learn in your first year of law school will be tested on the bar exam. Most students just try to stay afloat long enough to get through their 1L exams. However, I encourage students to think about how to study, how to prepare for exams, and, most importantly, how to store information into their long term memory. The legal concepts and doctrines that they learn during their first year will be more readily accessible to them during bar prep if they have a solid understanding of them during their 1L year.
- Learn about the bar review course offerings: Once students have determined where they plan to practice, they can learn about the bar review course offerings in that jurisdiction. Registering for a bar review course during 1L year will allow students to take advantage of their law school programs such as lectures, exam review materials, and interactive software programs. Additionally, students will typically save money if they register for a bar review course during their first year.
- Plan financially for the bar exam: Create a budget for yourself during law school that reserves funds for your bar review expenses. In your expense calculations, make sure you include your bar review course fee, your bar exam application fees, MPRE registration fees, hotel and transportation fees during the administration of the bar exam, and living expenses while studying for the bar exam.
In essence, 1Ls, it is never too soon to prepare for the bar.
Wednesday, July 24, 2013
Many of you know that the National Conference of Bar Examiners write the multiple choice questions that are on the Multistate Bar Exam (MBE). However, you may not realize that the NCBE publishes three MBE practice tests, Online Practice Exams (OPE), for purchase in their online store. Each OPE consists of 100 mixed subject questions that have been taken from recent MBEs. In addition to more MBE practice, these tests include an explanation as to why the incorrect answers are incorrect.* This feature helps students assess their performance and improve their understanding of the law.
In many jurisdictions, including all of the Uniform Bar Exam jurisdictions, the written scores are scaled to the MBE and are weighed heavier than each of the written components. Thus, having a solid MBE score will help applicants increase their chances of passing the bar exam. While most, if not all, of the bar review companies provide ample MBE practice questions for bar students, the OPEs can still be a great addition to their study plan.
First, the questions on the OPE are actual questions from past Multistate Bar Exams. Therefore, they illustrate a sampling of the legal issues that could be tested on a future bar exam. Next, they are written in the exact style as the actual MBE questions. This is significant because answering MBE questions requires not only content knowledge but also critical thinking and logical reasoning skills.
Understanding the testing format on the bar is just as important as knowing and understanding the law. Higher order multiple choice questions are more difficult to answer because they go beyond mere knowledge and comprehension. They incorporate evaluation, synthesis, analysis, and application.** That is why typically the mean MBE scaled score is 139-143 (which roughly equates to a raw score of 115-123 out of a possible 200). Essentially, applicants need to get approximately 60% of the answers correct to achieve a passing MBE score.
I have encouraged students who need additional MBE practice to purchase the OPEs. They have found this resource to be incredibly helpful. They receive a score report upon completion and are able to repeat the test after they have a chance to review their initial answers and the explanations.
*National Conference of Bar Examiners at ncbex.org
**See Bloom's taxonomy
Tuesday, July 23, 2013
During the final week of bar prep, memorization is paramount. Overlearning the law is the best way to conquer the bar exam. MBE success requires quick recollection and MEE success requires depth of knowledge- both of which rely on memorization.
When studying this week, above all, try to understand your learning preference(s). Listening to your inner voice and sticking with what works best for you is the best way to be successful with your memorization. However, if you are still looking for other ways to memorize, here are a few ideas:
- Find creative ways to interact with the material and keep it fresh.
- Use a study partner or significant other to test you on your knowledge with flashcards or just talk out a subject together.
- Create tables, flowcharts, or diagrams to illustrate difficult rules or concepts. Even drawing pictures can help you create a memorable visual.
- Use other memory devices such as: flash cards, sticky notes, white boards, or a tape recorder.
- Create mnemonics that have meaning to you or use ones that have been created by your bar prep.
- Explain the main points of a subject or essay to someone else (a family member, friend, or roommate). Or, talk to yourself- it's ok, you are studying for the bar!
- Color code, use different fonts, or hand-write rules over and over in order to individualize the material and make it more memorable.
- Read your lecture notes or outline/study-aid aloud, record it, play it back and listen to it.
- Study while you move- walk, ride a bike, bounce on an exercise ball, or use an elliptical.
Good luck on your memorization this week!
Monday, July 15, 2013
The most important aspect of practicing Multistate Bar Exam (MBE) questions happens after taking the practice questions not during. Reviewing your answers after taking the practice tests is crucial to success. No matter how many questions you can access, it is not about the quantity of questions you complete. Instead, you should focus on quality. By incorporating review into your MBE practice you will figure out what you know and what you don’t know in addition to diagnosing common traps.
For the next set of practice MBEs you complete, remember to schedule enough time to review your answers. Read through the answer choices and the answer explanations. Whether right or wrong, determine why you selected your answer. You need to learn how to remedy your errors and replicate your successes.
Tuesday, July 9, 2013
Writing style and format is critical to successful bar exam performance. Do not fall into the trap of only memorizing the law. You must focus on your approach and your writing techniques in order to reach a passing score on the Multistate Essays and the Multistate Performance Test. Here are a few ways to ensure that you will achieve passing scores:
- Carefully read the fact pattern, call lines, and file/library. Take your time!
- Organize your thoughts before you begin writing. Use your scratch paper!
- Use only the amount of time allowed for each essay or PT task. Time your practice!
- Use an organizational model like IRAC or CRAC. Use it for every issue and sub-issue!
- Make your answer easy to read. Use short concise sentences and paragraphs!
- Remember to review what you have written. Become the grader!
- Do not get frustrated by your mistakes, get motivated and learn from them!
- Keep practicing…practice equals passing!
Tuesday, July 2, 2013
During bar prep, life for bar applicants is essentially consumed with studying for the bar exam and not much else. It is eat, sleep, and breath bar prep. However, balance, especially in times like these, is essential to maintaining health and emotional stability. In light of the need for balance, I have created a list of the top 4 ways to spend the 4th (while studying for the bar exam).
4. Sleep: Everyone is sleep deprived while studying for the bar exam. Lecture schedules dictate wake up, and study schedules often require burning the midnight oil. But, as we all know, brain research confirms that our memory improves with sleep. Sleep also makes us less grumpy and give us stamina to sustain long days of studying. Thus, sleep until noon on the 4th or take a long midsummer's nap...perhaps on a hammock or in a shady spot on the beach. You will feel recharged as you venture into the final weeks of bar prep and will repay some of your sleep debt.
3. Blow off Steam: Now, don't go crazy with this one. What I mean to say, is have some fun! Do something that epitomizes summer fun (for you). Waterski, go for a hike, play a tennis match, garden, or head to a park with friends for a game of Ultimate Frisbee (this is what I will be doing). Try to fill your spirit so that you will feel refreshed. Find moments of joy that will sustain you during the long study hours that will encompass your life in the weeks ahead.
2. Indulge: Now, if you did not find #4 and #3 indulgent enough, I have added "Indulge" on its own. When I think of the 4th, I think about food...so maybe this is a good time for you to go out for brunch with your friends, to fire up your smoker for some slow cooked ribs, or bake a berry pie with those beautiful berries cropping up at the farmer's market. Make time to indulge in things that make you happy and try to nourish yourself with fun and delicious foods.
1. Spend time with Friends and Family: This is a no-brainer. Our relationships with our family and friends help us maintain balance and help support us when times are tough. Studying for the bar exam is one of those times. Take the 4th as a day to be with your support system and to renew the bonds you have with your family and friends. This time together will rejuvenate your connections and fill your spirit.
Happy Fourth of July!
Friday, June 28, 2013
One of the most difficult aspects (I admit there are many) of bar review, is allowing yourself to make mistakes. Many of us hate being wrong and we try to avoid failure at all costs. However, making mistakes is the only way that you will fully understand what you know and what you don’t yet know when studying for the bar exam. I actually begin each semester by telling my students that I expect and want them to make a lot of mistakes. This especially rings true when they are studying for the bar.
Instead of being in denial about their mistakes, they should abandon their perfectionist tendencies and force themselves to own up to their missteps. Much like when we are children and told to learn from our mistakes, bar students need to embrace their mistakes and find lessons within them. Deeper learning will occur if students focus on improving their knowledge instead of being hung up on a score.
For example, many students who are studying for the MBE have difficulty reaching passing scores on their early practice tests. Instead of throwing in the towel, I suggest that they keep going. Continued practice and self-evaluation will help their scores improve.
After assessing their progress on their practice questions, students should begin to diagnose their mistakes. In order to determine their weaknesses, they can ask themselves a series of questions to help them pinpoint areas to improve upon. Are they reading the facts too quickly? Did they misinterpret the law? Did they have an inadequate grasp of the legal concepts being tested? Did they get seduced by the seducer? If yes, why did they get seduced? Did they incorrectly identify the central issue?
In asking questions such as these, students are reflecting on their learning. Diagnosing their mistakes is the most important step in the learning process. Their progress will become apparent and they will gain confidence in the process. Therefore, I encourage you and your students to keep making mistakes!