Tuesday, January 12, 2021
When I was a kid, I saw an episode of the TV series Maude that was broadcast on November 1, 1976 – the day before Election Day. Maude, the assertive main character, was trying to convince everyone to write in Henry Fonda for President. When her featherbrained neighbor Vivian asked Maude why she was in such a rush to get the idea out, Maude looked at her severely and explained that the election was happening tomorrow.
“Tomorrow?!” exclaimed Vivian. “And it seems like only yesterday it was Halloween!”
Well, today, with the results of the October bar exam barely in hand for many examinees, we have leapt right back into preparation for the February exam. Perhaps the final casualty of the Endless Summer is the strict reduction of time to process the relationship between all that happened before the exam and the results that came out of it. Individuals who just found out in late December or early January that they did not pass have had to decide very quickly whether to register for the February exam. A California repeat examinee could still register next week, with as few as 32 days left before the exam is administered. And while many states and law schools have seen an increase in bar pass rates compared to July of 2019, we have entered the February bar study period without some of the data we might ordinarily use to assess the reasons for any changes in passage rates. At least here in New York, some of the granular data about subject-matter performance on the MBE portion has not been provided, and information about statewide trends have only been reported in the most general terms. This makes it harder to determine the effects of the delay, of the changes in format and delivery, and of strategies adopted or resources provided in response.
Tomorrow is February?! It seems like only yesterday it was October!
Thus, even though the February bar exam represents a great stride towards “normalcy” in many jurisdictions – in that it will be delivered on a traditional set date, with typical full UBE content – this will still be an unusual administration, affected by ripples of the pandemic. Some repeat examinees will be facing a compressed study period, although I have observed that a least a portion of them, perhaps spurred to greater-than-normal pessimism under the circumstances, began preparing prophylactically even before scores were announced. In any case, those of us who work with repeating graduates may be asked to provide additional support.
More frustrating to me is having to determine what aspects of the support provided to our examinees over the five months between graduation and the October bar would be most advantageously replicated over the next two months. The extended prep period was, I felt, grueling for all involved, but it provided time and motivation for examinees and teachers alike to try new strategies. Based on our results, some of these strategies appear to have beneficial. But which ones? And are they replicable between now and the end of February, or were they successful because, and not in spite of, the long stretch of time before the October administration? Without all the information I wish I had, this feels in some ways similar to what many of us had to do this summer: reacting to a novel situation without certainty, and ending up (very likely) relying in part on intuition and extraordinary effort.
Hopefully, knock on wood, fingers crossed, things won't feel this way come summer 2021. For now, the one thing I am fairly certain played an important part in my examinees' performance that is likely replicable now was the increased sense of camaraderie and support that they reported as a result of the very high-touch summer and fall. With so many changes so frequently, and with unbelievable levels of anxiety among bar studiers (who on the whole are not typically known for tranquil, detached attitudes), I initiated what would turn out to be bi-weekly (or more frequent) Zoom meetings to pass along news, share strategies, and provide opportunities for feedback. Already feeling isolated by the pandemic, the students reported that these meetings helped them feel connected to each other and to the school, and it appears they took more advantage of the resources we made available (including lots of one-on-one meetings with me). This was kind of a form of intrusive counseling. It seems to have worked, at least under those recent conditions, which in some ways are still ongoing. So, while I am still hoping to develop more clarity about how other specifics contributed to examinees' performance, this is one lesson I took from yesterday that I can apply today to help my examinees prepare for tomorrow.