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!
Tuesday, May 21, 2013
5. Clean your house/apartment/living space. Create a positive and productive work environment. Think about where you will study and how you can ensure that it suits your needs for bar review. Also, this may be the last time you have time to clean until August, so think about doing a deep clean and clear the clutter. Having a tidy work and living space will positively impact your studying.
4. Calendar! Print a blank summer calendar. (I like to see it on paper, but you can also use an online program.) Put all essential items on your calendar: bar review classes, exercise, child /elder care responsibilities, etc… Try to structure each day in order to create a realistic routine. Free time should also be on your calendar: meals, sleep, downtime, recharging activities, etc… Fill each hour of the day with either bar study/practice or a free-time activity. Doing this will help you to avoid procrastination and will help you use your time effectively during bar prep.
3. Talk to your family and friends. Show them your summer plan (and calendar). Better yet, send them copies of your calendar. Offer ways for them to provide you support (dinner, encouraging emails, childcare). Informing your significant others will keep them from hindering your success this summer and will provide you with a strong support system. You will need it!
2. Do something fun, spontaneous, and slightly wacky. Why? Since you will not have the luxury of being spontaneous this summer during your bar prep, having a madcap adventure can help satiate that desire until August. Nothing too crazy…but something memorable! (Seattle ideas: ride the wheel at sunset; go kayaking on Lake Union; stay out really late and then sleep in until noon; take a day hike with friends; ride the train to Portland to see the Rose Festival firework show; or check out a local concert, art show, or museum.) Take pictures and post them near your study space or on your fridge. These memories will help get through the long monotonous days of summer bar study.
1. Take time to reflect. Celebrate the end of your law school journey and reflect on how far you have come in the last three years. Write down your many successes and what you have learned about yourself and your learning style. Understanding what worked for you in law school and what challenged you will benefit you during your bar prep. And, reflecting on your past will help you transition to bar prep with a renewed sense of purpose and inner strength. You can pass the bar exam- believing in yourself is the first step!
Wednesday, May 8, 2013
First, no matter what you hear, the urban myths, tales from judges, friends, and fellow students, or articles such as the one in the ABA Journal, every bar exam is difficult. Or, possibly better stated, the hardest bar exam is the one you are taking… If there was a bar exam that was “easy”, wouldn’t everyone flock to that particular jurisdiction? If the bar exam was “easy”, wouldn't that particular state have problems with the competency levels of the attorneys that they license? If the bar exam was “easy”, what would be the point of administering it? Is it not a tool to protect consumers of legal services?
Next, what if the Washington bar exam is actually the third hardest bar exam in the country? What does that mean? Is this a deterrent to future bar takers? Is this an ominous warning to steer clear of imagining your legal career taking flight in WA? I hope this is not the case. Instead, I believe this is simply a result of generalizing. Comparing WA State’s bar exam, which was an essay only exam, to other state bar exams is like comparing apples to oranges.
Washington State was an outlier with regard to their testing format. (Note: WA will administer the UBE for the first time this summer.) Generalizing bar exam difficulty based on limited quantitative data, even when a regression methodology is employed, could lead to less external validity. Variables such as the specific testing measures and format, state bar association grading standards, student’s qualitative characteristics, and state bar associations internal set pass rate all affect pass rates; and, thus could skew rankings. As an Academic Support Professional, I find that a student’s qualitative characteristics and/or psychological factors more strongly influence a student’s ability to pass a bar exam. Quantitative factors are more easily calculated but are not always predictive.
Bar exams are difficult. Yes, some applicants struggle more with multiple-choice questions than with essay writing. Other applicants cannot stand the time and attention to detail required to achieve a high score on the performance test. Some applicants fear arcane legal concepts or nuanced legal theories that are not practical or relevant to their interests. However, the bottom line is that the bar exam requires extreme focus, months of studying, repetitive practice, and strong internal motivation. High stakes exams do not get more intense than the bar exam.
Focusing solely on statistics, whether you are a student or a teacher, is the wrong way to approach the bar exam. Remember, as attorney’s we read between the lines and pay attention to the fine print. Avoid the hyperbole in articles and blog posts such as the ones mentioned above. Instead, focus on what it takes to pass the bar...determination and hardwork.
Friday, March 15, 2013
The National Conference of Bar Examiners has announced upcoming changes to the Multistate Bar Examination. Civil Procedure is being added as the seventh content area on the MBE. Many of us knew that this addition was being contemplated, but we did not anticipate that this change would be implemented so quickly.
Per the NCBE memo, Civil Procedure will be added to the MBE beginning with the February 2015 bar examination. Thus, the number of questions per topic area will decrease. Once Civil Procedure is added, there will be 28 questions covering Contracts, and 27 questions covering each of the six remaining topics (Constitutional Law, Civil Procedure, Criminal Law, Evidence, Property, and Torts).
For some students, four less Property questions is a reason to celebrate! While for others, taking an advanced Civil Procedure class may be a wise option. Stay tuned for more information regarding the coverage for the Civil Procedure MBE questions. The Civil Procedure content outlines will be updated by June 30, 2013. However, for now, you can review the Civil Procedure MEE content outlines to get an idea of what to expect.
Tuesday, February 12, 2013
If you have not already, it is important to think about signing up for a commercial bar review course. In these economic times, many students ask me if taking a bar review is really necessary. Resolutely, my answer is always yes, a bar review is necessary to achieve success on the bar exam. Take your time to determine your options and how they will suit your individual needs. Bar prep courses are an investment, but one that is wholly worth it. Here are a few things to consider when selecting your bar review course.
- Determine your learning style. This may sound odd but I believe that knowing how you learn will help you select your bar review course. There are a few resources online(VARK and An Index of Learning Styles) or you can purchase a KOLB inventory and complete it on your own. Once you understand your learning style, you can ask the right questions and know what to look for when researching the bar review options in your jurisdiction.
- Figure out where you want to be licensed. Some bar review companies only offer courses locally, while others are available nationwide. Once you have decided where you want to take the bar exam, contact the bar review providers that offer courses in those areas. Contacting their offices directly will allow you to find out where, when, and how their course are delivered. This will also familiarize you with the specific individuals that you will be working with during your eight week bar prep course.
- Bar prep is a customer service industry. It is expensive and you want to make sure that you are getting what you pay for. Take note of the interactions you have with the representatives of the company. Are they responsive to your questions, do they provide examples of their product for you to review, do they want to accommodate your needs, and are they friendly and accessible? You want to have a good, no great, relationship with your bar review provider since you will be relying on them to help you take the most difficult exam of your life.
- Speaking of cost, do not jump at the course with the lowest cost before truly considering whether it will be a good fit for your individual needs. Yes, the price of the bar prep course is a consideration, but it should not be the only factor you consider. Remember the saying, “You get what you pay for.” Think about this when you research your options. When you call their office to find out about the specifics of the course, you can also ask about whether they offer scholarships, payment plans, or cost saving employment opportunities.
- Look at the actual materials and schedule that you will be using during your bar review. This will help you decide whether their philosophy and pedagogy will meet your needs. It will also give you a heads up on what to expect during bar prep. (Sometimes this is a huge eye-opener.)
- Consider signing up earlier, rather than later, for a bar prep course. I am treading lightly here because I know there is some debate about whether 1Ls should even be considering bar review but hear me out. Bar review companies are very competitive. By the nature of this competition, they offer promotions and extras to students when they sign up early for their bar review course. These extras can prove to be helpful study aids during law school and can help students get a jumpstart on their bar preparation. I advise students to take advantage of as many of the free extras as they can and only put a deposit down on a course when they have considered many of the above mentioned factors.
Monday, January 21, 2013
An important piece of your bar exam preparation has nothing to do with Torts, Family Law, or Criminal Law. It has to do with planning ahead to ensure that you have a budget in place to pay for the expense of taking the bar exam.
A few ideas to get you started with your Bar Study Financial Plan:
- Create a budget that incorporates your bar review expenses. Make sure to include your bar review course fee, your bar exam application fees, examsoft fees if applicable, MPRE registration fees, your hotel/transportation during the administration of the bar exam, and living expenses while studying for the bar exam.
- Save a designated amount of money each month for your bar review. Put this money in a separate account or a “cookie jar” so that you do not unintentionally (or intentionally) spend it on something else. Try to make sure that you have scheduled enough months of saving to cover your projected expenses.
- Reduce your current spending (forgo that extra latte, brown bag it for lunch, or take the bus instead of paying for parking). Cutting out the extras can be a bummer but in the end, you will be happy to have saved enough to get through your bar preparation without having to work. It is unnatural to give up every luxury. Pick one or two things that help you feel good and that are good for you. If you enjoy your yoga classes or gym membership, keep those. If you like to get a smoothie or fill up at the salad bar once a week, you should continue. These are healthy choices that also make you feel good. Keep the treats that nourish you and pass on the rest.
- Discuss bar loans and/or bar scholarships with your law school’s Financial Services Office. If your finances will require you to apply for a bar loan, do not wait to research your options. Scholarships are numbered and due to the economic times there will be a great deal of competition. Learn about the opportunities in your State or City and apply early.
- You do not want to hear this but you could move back in with your folks. I know this may be a bitter pill to swallow. On one hand, you are an adult and you do not want to move back in with your parents. However, on the other hand, it is best to think about how you can save money while you are studying. Check to see if your relatives or friends have an apartment, cabin, or summer home that will be unoccupied or ask around to see if someone you know needs a house sitter for the summer.
- Graduation is around the corner. While you would rather use a gift of cash on a trip to Hawaii for after the bar exam, using graduation money to fund your bar study is a smarter and more fiscally responsible idea.
Although they are a costly endeavor, bar review courses are essential if you want to be successful on the bar exam. Planning ahead for the costs associated with the exam will lessen your stress and help you cope with the potential financial strain.
Monday, December 17, 2012
Not taking the bar exam until summer but curious about what to expect? Thinking about ways to get a head start on your bar prep over the break? Want to have a better idea of what is required in your state when applying for the bar exam? Great! Advance planning is an essential ingredient in your bar exam preparation. Here are a few ways to get started without causing anxiety, taking too much time, or causing you to feel overwhelmed. In fact, these helpful ideas will help reduce the brewing stress that the bar exam produces and will help you feel more in control when you are studying for the bar exam this summer.
1. Plan financially for the bar exam. This could mean stocking away money every week reducing your current spending (forgo that extra latte, brown bag it, or take the bus instead of paying forparking), or creating a budget that incorporates your bar review expenses. Taking the bar exam can be an expensive endeavor. So even if we avoid the fiscal cliff, a substantial expense is still in your future. You should anticipate spending approximately $2000-$6000 for your bar preparation.
2. Make your hotel reservation. It may seem too early to call the hotel closest to the bar exam testing center, but it is not. Hotels book quickly and you want to have a choice as to where you stay when you take the most important exam of your life. Find out where your state bar will take place and research the hotels in the area. Once you have made your selection, call them directly and ask for the group rate, use your AAA discount (or other discount), or search online for the best deals.
3. If you have not already, sign up for a commercial bar review. In these economic times, many students ask me if taking a bar review is really necessary. Resolutely, my answer is always yes, a bar review is necessary to achieving success on the bar exam. Take your time to determine your options and how they will suit your individual needs. Bar prep courses are an investment, see item #1 above, but one that is wholly worth it.
4. Check out The National Conference of Bar Examiners (NCBE) web page at www.ncbex.org. You will find information regarding the MBE, MEE, MPT, MPRE, and UBE. There are also helpful articles and resources regarding every aspect of the bar examination process from bar exam application information, character and fitness issues, and psychometrics and scoring of the bar exam. Even if you have a limited amount of time, I highly suggest becoming familiar with the NCBE’s website.
5. Similarly, think about where you want to sit for the bar exam. Once you have thought through where you want to be licensed, determine the jurisdictional requirements in that state. Contact the licensing entity and review the Comprehensive Guide to Bar Admissions published by the NCBE and the American Bar Association. In this document, you will find information regarding every aspect of the bar examination and contact information for state bar admission agencies.
Wednesday, December 5, 2012
I know this title sounds like a new Hollywood apocalyptic action film; but, it is not. Instead, this is the next step that I suggest repeat bar examinees take in their journey to passing the bar exam. Once these grads have processed their emotions regarding their bar results, they are ready to look toward the future.
Diagnosing weaknesses from their past exam is helpful so that they know how to effectively structure their study schedule for the upcoming exam. I read through their essays and look for accurate and complete issue identification, errors or law, and their use of key facts in their analysis. (The WA bar exam is currently essay-only.) I also pay close attention to their organizational framework and approach to each essay. I find that students with weak organization likely did not write enough practice essays. Or, they wrote practice essays during bar review; but, they either did not write the essays under testing conditions (closed-book and timed) or they did not evaluate their essays after writing them. I ask them to assess how they studied for the bar the first time and to think about ways they could improve their routine.
Delivering tough love is also a necessary part of this process. Sometimes delivering tough love along with pointing out their imperfections is too much for them to take in one sitting. One must tread lightly and gauge emotional stability when dealing with repeat bar exam takers. While you may hear Aaron Neville crooning the song “Tell it Like It Is” in the back of your mind, these repeat exam takers may not be prepared mentally to hear what you have to say. If you recognize that they have not already reached a level of acceptance with their results, they may not be ready to move forward with the rest of the meeting.
However, it is counterproductive to merely tell these grads what they want to hear. They are in my office for my honest opinion about what they did wrong and how they can remedy those defects. Thus, I offer constructive criticism and try to deliver it with a spoonful of sugar (…it helps the medicine go down). As mentioned in my earlier post, I always have a basket full of chocolate nearby and that seems to help.
Likely, there are high points in their exam file. I focus first on a good example or concentrate on a higher scored essay. Then, I move to an essay that may need more work. By evaluating their strengths and weaknesses, they have a better understanding of which features to maintain and which to change. In recognizing their strengths; they build confidence. In understanding their weaknesses, they build up their determination and resilience, which they will need in order to move forward.
Together, once we have diagnosed the flaws in their past exam and identified their strengths, I instruct them to put that exam away and stop thinking about it. They can no longer change what happened during that 2 day exam. It was a snapshot in their life, which will be filled with a million more. In order to move forward, one must let go of the past. It is time for them to destroy their self-doubt. It is time for them to destroy the negativity around their past experience. They cannot make a new plan without first destroying any uncertainty that they have in their ability to pass.
Friday, July 20, 2012
Recently I had the opportunity to attend a lecture given by Sian Beilock, Associate Professor of Psychology at The University of Chicago and author of Choke: What The Secrets of the Brain Reveals About Getting It Right When You Have To. The lecture focused on the science of why individuals choke under pressure and how to best avoid performance anxiety. While the lecture did not focus on the stress applicants feel taking the bar exam, it was wholly applicable.
When pressure and anxiety to perform is high (like the bar exam), the brain’s prefrontal cortex, which is responsible for our working memory, focuses on the anxiety instead of recollecting essential information for successful performance. When a student is filled with too much anxiety, regardless of their aptitude, the anxiety interferes with their thought process and almost turns off their working memory to anything other than the stress of the event. This is why we often see highly intelligent and capable students perform below expectations in testing situations.
There are several ways to help students avoid this prefrontal cortex reaction. One, which is often employed by commercial bar reviews, is taking practice tests under timed conditions. These simulations help the brain overcome stress and will likely prevent students from “choking” during their actual test because they have established coping mechanisms to deal with their stress. Therefore, during the real test, they can practically operate on autopilot without stress interfering with their working memory.
Additionally, positive self-talk is an important aspect of testing success. Professor Beilock suggests that writing about your stress for ten minutes before an exam will free working memory. This cognitive function can instead be applied to performing well on the exam.
The simple act of acknowledging fear and stress prior to taking the bar exam could make the difference between passing and failing. I have told each of my students, especially those struggling with intense testing anxiety, to try the writing exercise each morning of the bar exam. I am hopeful that it will calm their fears and help them reach their highest potential next week.
Friday, May 25, 2012
At the end of the semester, students often ask me if they should begin their bar preparation prior to the official start date of their commercial bar review course. Little did they know, my answer to this question is quite lengthy. I do not have a simple response because every student has unique needs and varying circumstances.
Some students should get started studying for the bar exam directly after graduation because the earlier they get started, the easier bar prep will be for them during the summer. These students may have struggled with essays writing, IRAC format, memorization, or simply take longer than most to grasp the law. If they do know how to get started, they should discuss their needs with their commercial bar prep provider or their Academic Support team. Since most bar prep courses have online components (lectures, workshops, MBE practice etc.), it easy to begin studying before your scheduled course begins.
Some students finish law school feeling completely exhausted and totally drained. Unlike the students who need to begin bar study early, these students really need a break after graduation. Using the week or two interim between graduation and bar review to renew, recharge, and refresh is the best way for them to ensure success during their bar prep. Not everyone will be lucky enough to spend a week in an exotic destination or on the beach, but even taking a short break from their daily academic routine is just what the doctor ordered.
For both groups of students, it is a great time to get organized. They should create a positive study environment by clearing clutter and cleaning out their living space. They should buy a large paper desk calendar and add the classes for their summer bar review schedule and any essential items or events that they are unable to delegate or eliminate over the summer. Seeing what their life will look like on paper will help ease the shock.
While calendaring, it is easy for students to fall into the trap of filling every second with bar study. Instead, prior to bar review, I encourage students to think of a few ways to find respite from their upcoming, countless hours in the library. Joining a yoga class, carving out time for a date night, or sitting in the sun with friends for a few hours a week can be hugely beneficial. If students plan and calendar these breaks and treat them like a reward for their hard work, they are more likely to stave off distractions during their study time. While I am the first one to tell them that they need to devote 10+ hours a day to studying for the bar exam, I am also a huge proponent of finding balance. (Lisa Young)
Sunday, January 29, 2012
This is a blog post I share with my students on the Monday before the bar exam, when they need that final push to go forth and conquer. I write with the California Bar Exam in mind, but the general ideas can transfer to other jurisdictions.
Tant que je respire, j’attaque!
It’s finally here! Hopefully you set a time today to stop studying so that you can relax and attack the exam with a fresh mind tomorrow morning. Trust me, you’ve been studying for months and a few hours will not make much, if any, difference. As you start to wrap things up, here are a few last-minute reminders:
Mind the clock!
It’s the cardinal rule of bar prep: Do not exceed 60 minutes on any California Bar essay question! No matter how difficult a particular question may be, no good can come from spending more time on one answer at the expense of others. A graduate once admitted to spending extra time on a question that was complex and contained a lot of issues. He received an 85% on his answer – a terrific score – but it was not enough to compensate for the scores he received on the other essays that he had to rush through.
You have no greater friend on the California Bar Exam (aside from your watch) than IRAC. Even if you encounter a “throat-clearer” issue, you can still use IRAC and make your grader happy. For example:
A witness may not testify to a matter unless the witness has personal knowledge of the matter. Here, Wit saw the accident occur, so Wit has personal knowledge.
That is a very short analysis, but it still follows the IRAC format. IRAC keeps your answer organized and is what your graders want and expect to see, so don’t deviate.
Zip your lips!
No matter how tempted you are to rush out of the testing center at lunch and double-check every detail of your answers with your friends before you forget, resist! Graders look at your answer holistically, so why bother comparing your thoughts with someone else? There is a Contracts question on file where the two released answers each decide differently on the UCC/Common Law issue. Can you imagine if those two applicants had discussed their answers with each other after the exam? Each would have spent the next four months fretting about failure, when in reality they wrote the two published answers.
This one is difficult, but important: If you encounter a question on which you draw the dreaded blank, do not panic. All panicking does is waste time. Instead, there are a couple of proactive measures you can take:
What would my mom say?
When I took the bar, the second essay question covered a topic our commercial review professors promised would hardly be anywhere in the MBE, let alone in the essays – yet there it was. Instead of freaking out and thinking about how certain I was that I would fail (okay, maybe I did that for a minute), I thought about the question from a lay perspective: what would my mom, who never went to college, say if I asked her this question? Remember, the examiners are not trying to trick you. If you think about it logically, you probably will kick-start your brain and be able to pick out the issues and even remember some (or all) of the rules.
If you can’t remember a rule, read through the facts again with a critical eye. Why was Fact A included? Why was Fact B included? The examiners tailor their questions so that almost every fact can be used in an applicant’s answer. By reading through the facts and hunting for clues, you can probably “reverse engineer” the rule by picking out the facts that illustrate the elements.
Finally, and most importantly: NEVER, EVER GIVE UP!!
I was reasonably sure that I failed that second question; in fact I’m still not convinced that I got a passing score on it. Unfortunately I also encountered a couple of other questions (not just one) concerning subjects that I did not expect to see at my sitting. On top of all of that, I felt completely confident about five MBE questions – literally, five out of two hundred! But none of this matters because I stayed calm, answered to the best of my ability, and passed the exam as a whole.
So you encounter a curve ball, and you swing and miss. So what? That’s only one strike. If you throw down your bat and walk away, you might miss out on hitting the game-winning home run! Cheesy analogies aside, you simply have to stay positive and keep attacking each question with confidence, even if you have to fake it.
The title of this entry is a quote from Bernard Hinault, who won the Tour de France five times in the 1980s. Translated to English, it means, “As long as I breathe, I attack.” Take that attitude with you into the bar exam for the next three days, and no matter what they throw at you, don’t let it phase you. As long as you breathe, you attack!
I will be thinking of and rooting for every one of you this week!!
Monday, December 12, 2011
A guest post from Ron Dees, of Washburn Law School:
A tool for teaching bar takers the importance and value of accurate and complete rule statements:
As you all know, many times students fail to memorize and/or transcribe accurate and complete rule statements into their exam essays. This almost always leads to incomplete analysis due to missed issues and missed opportunities to discuss facts relevant to those issues. It can also lead to incorrect conclusions. Incomplete analysis and incorrect inclusions in turn lead to lower overall scores on exams. This is an issue that is relevant throughout law school, but is even more important on the bar exam because bar exams are rule based exams. That is to say that legal theory and policy are not heavily tested. What is tested on bar exams is the examinee’s ability to reach a well-reasoned conclusion by applying the rules of law to hypothetical fact situations.
Even after three years of law school, some bar takers simply don’t seem to realize the importance and usefulness of rule statements. They sometimes seem to think of rule statements as nothing more than a technicality to be placed at the “Rule” place marker section in their IRAC or CIRAC format. Thus, it is often necessary to show them the importance of using accurate and complete rule statements. Doing so will help the student do a more complete analysis, and the student will begin to realize the added value of rule statements when shown how using rule statements as outlines for analysis makes formatting and writing essays easier. That in turn can help lower exam stress levels, because the student will feel confident that the rule they memorized during study can be used to easily format essays on exam day.
A simple table can be used as a tool for teaching the importance of accurate and complete rule statements. As the table below shows, breaking down the rule statement into its individual parts or elements allows the student to quickly form an outline for the analysis portion of their essay before they begin writing. This outline allows them two advantages. First, their writing will be well organized and secondly the outline serves as a checklist of items that should be discussed in the analysis. If the rule statement is accurate and complete, the checklist will be accurate and complete, and the likelihood of missing necessary parts of the analysis is lower. If the rule statement is incomplete, the analysis may still be well organized, but vital parts of the analysis may be missing, which will cost the student potential points.
The rule for “piercing the corporate veil” is used here in IRAC format as an example:
Essay Roadmap using complete rule statement
Essay Roadmap using incomplete rule statement
Issue: Can the corporate veil be pierced to reach the personal assets of the shareholders?
Rule: The corporate veil protecting shareholders from personal liability can be pierced to reach the shareholders’ personal assets if: (a) corporate formalities are ignored and injustice results; (b) the corporation was undercapitalized at the time of formation; or (c) the corporation was formed to perpetrate a fraud.
(1)Were corporate formalities ignored?
(2) If so, did injustice result from the lack of formalities?
(3) Was the corporation undercapitalized?
(4) If so, was it undercapitalized at the time of formation?; or
(5) Was the corporation formed to perpetrate fraud?
Conclusion: The corporate veil may not be pierced to reach the personal assets of the shareholders
Issue: Can the corporate veil be pierced to reach the personal assets of the shareholders?
Rule: The corporate veil protecting shareholders from personal liability can be pierced to reach the shareholders’ personal assets if: (a) corporate formalities are ignored; (b) the corporation was undercapitalized; or (c) the corporation was formed to perpetrate a fraud.
(1) Were corporate formalities ignored?
(2) Was the corporation undercapitalized; or
(3) Was the corporation formed to perpetrate fraud?
Conclusion: The corporate veil may be pierced to reach the personal assets of the shareholders.
Student A uses the complete rule as an outline, and we can see that a complete analysis will discuss the existence or non-existence of facts relating to five issues. Student B uses an incomplete rule statement, and thus is missing two sections of analysis that should potentially be included in the analysis. The missing analysis sections result directly from the missing portions of the incomplete rule statement. This represents a lost opportunity to earn points on the essay. The potential points for discussing resulting injustice and capitalization at the time of formation will likely be lost because the student failed to use a complete rule statement as an outline for their analysis.
Furthermore, Student B may reach an incorrect conclusion on the issues discussed due to the same shortcoming. As an example, the hypothetical may contain a fact stating that the corporation has recently become undercapitalized. Student B may thus incorrectly conclude that the veil may be pierced on the grounds of undercapitalization, because the incomplete rule statement does not contain the associated requirement of “at the time of formation.” Student A will be able to use checklist issue number four to cause her to recognize that the undercapitalization came about at a later time in the corporation’s existence and that timing must be considered. Thus, the undercapitalization in the given hypothetical does not fulfill the requirement of “at the time of formation.” Therefore, Student A will correctly conclude that the veil may not be pierced on the grounds of undercapitalization.
An example such as this is often helpful in teaching students the importance of using precise and complete rule statements. First, it highlights how the rule statement can be used to provide a roadmap to success in the form of a complete outline for essay answers. Secondly, it highlights how the resulting outline can aid the student in formulating a complete analysis and reaching accurate conclusions.
Monday, December 5, 2011
The temperature is cooling and the brightly colored leaves are beginning to lose their hold. Autumn vividly embodies transition and change. However, the leaves are not the only things changing; changes are also underway with regard to the bar exam.
The Uniform Bar Examination is gaining popularity. Recently, Nebraska and Colorado became the latest jurisdictions to adopt the Uniform Bar Examination (UBE). Other States that have begun administering the UBE or have adopted it for future administrations are: Alabama, Colorado, Idaho, Missouri, Montana (conditional approval), North Dakota, and Washington. Susan Case, The National Conference of Bar Examiner’s Director of Testing, announced at this fall’s NCBE’s Anatomy of a Bar Exam Conference that several other jurisdictions are currently considering adopting the UBE as well. Decisions are still pending for Utah, the District of Columbia, and others.
The biggest news regarding this significant change is that Washington State (my home state) will begin administering the Uniform Bar Examination in the summer of 2013. Washington has been a holdout state (along with Louisiana, who is also now considering changes to their exam) until now. Washington State’s current bar exam is essay only. Yes, it is true, presently WA does not require the MPT, MBE, or the MPRE; at least not until the summer of 2013 when the UBE will first be given in Washington.
Some of you may be asking, “What is the UBE and how it is different from what states are currently administering?” Although, the Uniform Bar Examination does not differ greatly from what most states are administering twice a year, there are a few exceptions and some potential benefits with its adoption. The Uniform Bar Exam consists of the Multistate Bar Exam (MBE) (200 multiple choice questions), the Multistate Essay Exam (MEE) (six essays), and the Multistate Performance Test (MPT) (two 90 minute closed universe legal writing tasks). For the UBE, the MBE is worth 50%, the MEE is worth 30%, and the MPT is worth 20% of the overall score. The overall score, or the “UBE score”, is the important number in this equation.
Score portability is the major selling point for this exam. But it is important to remember that the UBE score is portable, not the applicant’s pass status. Therefore, if an applicant passes the UBE in one jurisdiction, they may not pass in another. Admission is not automatic. An applicant needs to reach a passing UBE score in each jurisdiction for which they are applying. Therefore, a higher score on the UBE allows for greater ease of portability.
Other factors may also influence whether the creation and adoption of the UBE produce a positive impact on the ability to move from state to state in search of legal work. For one, UBE scores do not last forever. Thus, once a student takes the UBE, the score is only portable for a time frame determined by the state accepting the UBE score. What this means in reality is that portability may be short lived unless the applicant obtains licensure in multiple jurisdictions soon after taking the UBE.
While maintaining a license to practice law in multiple jurisdictions could be a positive step in one’s legal career, it is also fraught with possible hardships; namely, financial ones. According to the Comprehensive Guide to Bar Admission Requirements (produced by NCBE and The American Bar Association), applications fees for bar admission cost between $100- $1500 depending on the jurisdiction. Additionally, in order to maintain multiple licenses, yearly license renewal fees, pro bono requirements, and mandatory Continuing Legal Education credits may be required in each jurisdiction. In light of the state of the US economy, fees and requirements such as these may pose a genuine disadvantage to holding multiple bar licenses.
Will the advent of the UBE create more lawyer migration and/or provide more job opportunities for new law graduates? Potentially, yes. Here is the bright side of the UBE. The UBE could create more opportunities for new law grads by giving them more flexibility in where they are able to seek employment. Considering the legal job market, this could be a huge benefit for new attorneys willing to migrate to more marketable jurisdictions.
While in theory the UBE appears to have many benefits, more seasons of UBE test taking need to pass before this question can be precisely answered. Missouri and North Dakota administered the first UBE in February 2011, Alabama in July 2011, Colorado and Idaho will administer the UBE in February 2012, Nebraska anticipates the effective date of adoption to be January 1, 2013, while Washington will administer the UBE in July 2013. Once the UBE is underway in more jurisdictions and UBE transfer data is compiled by the NCBE, we will likely see the true benefits of the Uniform Bar Exam.
Until these benefits emerge, it is important to have students thoughtfully consider where they would like to live and work before applying to take the bar exam. The UBE will likely allow law grads greater mobility but not without a potential price. Although an essential rite of passage, the bar exam is not a task worth repeating and if the UBE makes that possible I hope we see more states sign on.
*Information regarding the UBE and UBE jurisdictions obtained from the NCBE and ncbex.org.
Friday, August 26, 2011
There is no doubt that you have been caught up in the flurry of activity that accompanies the beginning of the academic year. Heavy meddlesome casebooks; jam packed orientation; a throng of new faces; and the cacophony of perplexing terminology bombarding you in each lecture- Welcome to Law School! Although the first days and weeks (or even your entire first year) of law school may seem overwhelming, there are ways to ease your transition and maintain a positive outlook.
Here is one way to get started on the right track with your law school journey. Grab a sheet of paper and a pen (yes, this requires a little work). Do this when you have about 30+ minutes of quiet, uninterrupted time to devote to it. Now, open your mind and focus on yourself…
First, take a few minutes to reflect on your personal strengths. These could be anything from having a friendly smile to being a great basketball player. Create a list of as many positive attributes about yourself that you can think of. Do not shy away from being excessive or even exaggeratedly vain. This list is for your eyes only- so go for it!
Next, write down your fears related to law school. Is it hard for you to meet new people? Are you nervous about the infamous Socratic Method? Are you scared that you do not have what it takes to succeed? Do you think the workload will be too challenging? Again, write it all down. This too is for your eyes only- so try not to limit your list.
Finally, take the remaining time to think of how you can put your strengths to work on your most dreaded fears. This may take some work. Connecting your exquisite knitting ability with your debilitating fear of being called on in class may not seem feasible. However, with a little creativity anything is possible. Such as: if you could knit while being called on in class or while in a study group (possibly with other stitchers), you may find that your anxiety has decreased.
Use your strengths to overcome your fears. If you are a great communicator one-on-one but fear speaking in large groups, try sitting in the front row and pretend you are conversing with only the professor. This may help you in more ways than you can imagine. Grab a seat in the front row and you will likely be more actively engaged and less intimidated or distracted by other classmates.
Acknowledging your strengths and your fears will help you determine your best personal strategy for success in law school. Putting your strengths at the forefront and focusing on them (instead of being destroyed by your fears), will lead to more productivity, less stress, and better mental and physical health (and likely a higher GPA).
Therefore, above all, remain optimistic even on your darkest day. If you need a reminder of how great you are, ask your significant other, best friend, or a close relative. They will help you see through the self doubting haze that many law students acquire their first year. Of course if you need to hear it from an unbiased, trustworthy source, I suggest that you read your list.
Thursday, June 30, 2011
I haven't worked on bar prep for a couple of years, but I speak to many colleagues at other law schools who spend most of their summer working with alumni on preparing for the bar exam.This is a short list of recommendations based on what I have heard from colleagues and my own experience preparing students for the bar exam:
1) Never take the bar exam "for practice"
Look at the bar exam for what it is--THE bar exam. Students who worry about anxiety getting in the way of performance sometimes tell themselves they will take it once "for practice" to become acquainted with the exam. However, this can lead them to sloppy study techniques. I hope this attitude becomes more rare with the changes in the economy. Students do themselves a disservice when they try to alleviate anxiety by telling themselves they can take it again, because it removes ALL the pressure. Some pressure to perform is good, because it focuses study. There is a middle ground between paralyzing anxiety and dismissing the exam as practice. Students should focus on that middle ground.
2) Don't let practice tests scare you--let them guide your study
Early practice exams frequently come back marked up with significant suggestions. Students need to realize that they have time to fix the errors. Making mistakes in May and June does NOT mean they are not ready to take the bar exam. It usually means they need more focused practice on the areas that are difficult for them. Don't let students give up if they are struggling.
3) Practice your writing under timed conditions
Some students will take practice exams without the time constraints to test how much they know. This is a mistake because it gives them a false sense of confidence. It does not help a student if they know all the law, but it takes them too long to recall it. Knowledge of the law is critical, but being able to recall the law accurately while under pressure is essential to bar exam success.
4) Stay away from gimmicks
Oh, the gimmicks. There are too many to list. Students hear all about how to "game" the test, strategies to do well on one part and ignore another, or spend disproportionate amounts of time on some area of the law. I am not talking about smart studying based on examination of long-term trends on the exam, which is valid and helpful. I am referring to the word-of-mouth, unsubstantiated gimmicks that students hear about from people who took the bar decades ago, or from friends-of-friends-of-friends. These gimmicks almost always lead to problems. Studying for the bar exam is, for the most part, straightforward. Students need to know the law. Students need to be able to perform under timed conditions.
5) Don't over-study and burn out before the exam
Another tactic of students with exam anxiety is to study 12-14 hours a day, every day, and plan to keep up that schedule for over two months. It is not realistic that your mind or body can maintain that type of schedule. Focused, meaningful study, with breaks and time to enjoy life, is the path the success. It's all about balance. Overstudying means that by the time the exam comes, students won't have the stamina necessary for a 2-3 day test.
6) Don't beat yourself up over minor slip-ups in bar prep
Just like in life, stuff happens. You get sick. You just have a bad couple of days when you can't focus. Your car breaks down and you spend all day waiting for the mechanic to tell you what is wrong. While a bar prep schedule is critical, be sure that the study plan is flexible enough to accommodate life. If something throws the bar prep schedule off course, just get back to the schedule and plan to make up what was missed a little bit at a time, until it's all covered.
7) Don't talk to anyone about the exam during breaks or after it is finished
It is tempting for students on exam day to rehash what was difficult. DON'T LET THEM DO IT! It will freak them out and make them think they failed the exam. What is done is done. There is no point in rehashing the exam, because it leads to unnecessary anxiety.
Friday, May 27, 2011
Many students have the notion that studying for the bar exam is a nine to five venture. “Just like a full-time job…” is what they tell me. There are two major flaws in their understanding. First, am I really the first one to clue them in to the fact that practicing law is not a nine to five gig? Do they truly think that they will be home nightly by 5:30? Sadly, some still believe that they will have more time on their hands when they are working full-time practicing law than they did in law school. I briefly enlighten them to the realities associated with the practice of law but then I focus on a more imminent concern- their bar exam preparation.
Since my main function is to lead them on a path to success on the bar exam, I first need to wipe away any misunderstandings that they may have about the exam or the process of studying for it. Urban myths regularly seep into the law student’s psyche gnawing at their self confidence and challenging their fortitude. Debunking these myths and separating fact from fiction is a strategic starting point as I gradually replace their vision of a nine to five schedule with a more realistic nine to nine one.
For example, end of semester conferences just wrapped up with my Bar Exam Skills Lab students. We have fifteen minutes in which to discuss a myriad of issues. Discussions range from how do I pay for my bar prep class, to how do I study, to lessons in IRAC. But repeatedly the question du jour was, “How long do I really need to study each day during bar prep? Nine-five should really be enough, right?” I was not shocked the first time I heard this but after a few dozen conferences and many similar sentiments, I knew I had some work to do.
First I must ask, is this generational? Unlike many of my students, when I was preparing for the bar exam I understood that my life (my complete existence) would be devoted to bar prep during the summer after graduation. I knew lazy mornings with a cup of coffee and the newspaper, sunny days filled with berry picking and beach-combing, and long weekend camp-outs would be impossible given the shear amount of work ahead of me. For current students (my California dreamers), it was time for me to deliver a cold, harsh wake-up call.
During one of my last classes of the semester, I discussed how to create an action plan for bar exam success. With years of experience helping students through this process and the many useful ideas from the textbook I use, PASS THE BAR by Denise Riebe and Michael Hunter Schwartz , I formulated a snapshot view into the life of a bar student. What an eye opener these soon to be bar takers! Most were shocked by the intensity and length of time necessary to adequately study for the exam. But overall, they were grateful to know how they should be spending their time this summer.
By knowing what to expect and establishing a routine before bar prep begins, students increase their likelihood of success on the bar exam. By heading off procrastination before it starts, delegating unnecessary tasks when necessary, and taking all non-essential items off their calendars, students will free their time and their mind from needless worry.
While their focus this summer is studying, I also encourage them to balance their bar prep with their personal needs. Reminding students that sufficient sleep, good nutrition, and regular exercise are priorities seems a bit paternalistic but I have found that gentle prompting is always welcomed and needed. Balancing and prioritizing our needs and responsibilities is difficult (for all of us). However with careful planning and advanced scheduling, students should still be able to stay healthy, connect with their loved ones, and have some down time while studying for the bar. Although bar prep is not a “nine to five gig”, “it’s enough to drive you crazy if you let it”[i]. Instilling confidence in your students and teaching prudent time management strategies should make the bar prep process more manageable and less unpredictable.
[i]Parton, Dolly. “9-5.” 9-5 and Odd Jobs. RCA, 1980
Wednesday, February 23, 2011
Even though I teach a two credit class to 3Ls for early bar preparation, as Director of the Bar Studies Program at Seattle U, I also need to make sure that students unable (or unwilling) to take my class get the same important information regarding the bar exam before they graduate. Therefore, I provide several workshops during spring semester introducing them to the bar exam and the bar application process.
As weknow, the bar exam application process is time consuming and can pose significant challenges for some students. However, without our prodding, some students do not realize this until the eleventh hour. In light of the AALS presentation “Character and Fitness: To Disclose or Not to Disclose, That is the Question” and the ensuing discussion regarding our role as academic support professionals and the counseling we give to students, it seems necessary for all schools to adopt a similar workshop revolving exclusively around the bar application process.
While meeting with every 3L to discuss their bar application is nearly impossible, holding a short workshop for all 3Ls is easily doable and accomplishes the same goal. Providing accurate information regarding the application process and deadlines and conveying the importance of full disclosure, serve several objectives. Students will be more apt to meet the application deadlines (and not line up outside your office the day they are due), feel supported by their law school during this somewhat tedious process (a good way to end their law school career), and to understand that professional ethics is not just a class they took their second or third year of law school (instead they are standards by which they will be called to live by…starting now). Above all, students in attendance with additional questions or past indiscretions will know whether to schedule a one on one appointment to discuss their application further.
Essentially, the best advice we can give our students is to be open and honest when completing their bar application. During the AALS presentation, Margaret Fuller Corneille, Director of the Minnesota Board of Law Examiners, stated that successful applicants are candid, show no malice when mistakes are made on their law school/bar exam applications, accept responsibility for their past conduct, and show that they have made positive social contributions. Bar Associations act at as “Gate Keepers” to the legal profession. In this capacity, they are determining whether an applicant has the ability to handle the responsibilities of being a lawyer. Instilling the notion that candor on their applications reflects on their present moral character is crucial.
Our role as educators in this process is significant. However, this role may vary depending on how you define your purpose and what your institution determines to be their responsibility. Questions presented by Susan Saab Fortney, Interim Dean and Professor of Law at Texas Tech University School of Law, at the AALS presentation are good starting points as you (and your institution) consider how to characterize this role. I have paraphrased some of Professor Fortney’s thoughtful questions below.
- Are we partners with the bar associations when it comes to character and fitness determinations?
- Should law schools be “Gate Keepers” to the profession?
- Should we be concerned with our law school’s reputation regarding the character and fitness of our students?
- Should law schools take the “ostrich approach” with the character and fitness issues of their students?
While all valid and though provoking, some of us may have differing opinions as to whether we should squarely align ourselves with the bar associations or whether our main goal is to be a “gate keeper” to the profession. David Baum, Assistant Dean in the Office of Student Affairs at Michigan Law School and a member of the State Bar of Michigan’s Standing Committee on Character and Fitness, raised equally compelling issues at AALS that uniquely influence our perspective regarding these bar application disclosures. He acknowledged that in our roles as educators, it would be difficult to engage in open conversations with our students if we were required to disclose every detail discussed within said conversations. He further stated, that these conversations are the vehicles by which we deliver sound advice and help shape the personal and professional development of our students. In turn, as Dean Baum points out, if we are obligated to disclose these details, a negative chilling effect could result and students in need of support, advice, and possibly further professional help may not reach out for it.
Contemplating the questions posed and viewpoints presented during the AALS presentation, as well as, considering your state bar’s requirements and your institution’s policies, should help you create a helpful and informative bar application workshop for your students. During the workshop, I walk through the application and instructions while pointing out areas where students typically have detailed questions or concerns. For example: how to request an accommodation; how to list past traffic infractions/citations/criminal charges or convictions, and how to disclose treatment for mental impairment or alcohol or drug dependency.
Although carrying this out in a group setting can be challenging, I have found that the group dynamic diffuses the potential stigma that a student may feel as a result of an affirmative answer to one of these questions listed on the bar application. Once again, this workshop opens up the opportunity for students to see me as a trustworthy resource and to understand the importance of taking this step seriously. I believe there is a way to be a dedicated advocate and guide for our students while maintaining the integrity of the legal profession…finding that middle ground is up to you or your institution to determine.