Thursday, July 31, 2014

The July 2014 Bar Exam: Discussing the Florida Bar Exam

Please look at our seminars, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Bar Professors will be conducting Florida essays seminars and MBE seminars in October, November and January. Look for more information on this site.

Bar Professors was once again able to correctly predict the 3 Florida essays: Contracts/Commercial Paper; Contracts/Torts, Trusts, and of course, Ethics. We expect a 100% bar pass rate from our students for July 2014. The Florida bar exam results will be released on September 22, 2014.

For discussion purposes, let’s talk about the essays

Contracts/Commercial Paper/Ethics:

Manufacturer has new top of the line golf drivers the T1 Bomb. Retailer learns of the new clubs at a golf show and the $200 wholesale price. Retailer sends a signed purchase order to Manufacturer to ship 1000 T1 bombs, $200 each, with a 2% discount if paid within 10 days or total net amount due in 30 days. Manufacturer ships 500 drivers with its own signed order form that said, 500 drivers, $200 each, the other 500 will be shipped upon full payment of $200,000 if payment is received within 3 days of receipt of the 500 clubs. 5 days after Retailer received the 500 clubs, Retailer sends a note payable on demand to the order of Manufacturer in the amount of $196,000 (minus the 2% discount). Upon receipt Manufacturer indorsed it over to Supplier.

After the 500 clubs arrived to Retailer, Manufacturer, knowing that the market price has doubled, calls Retailer and says Retailer shorted him $4000 and he will not ship the other 500 clubs and that the current price is now $400. Retailer Owner calls Manufacturer from another trade show and said, I paid in full, send me the clubs or return the note. Manufacturer says, too late, I’ve paid Supplier. Competitor hears Retail Owner tell Manufacturer that he had no right to give the note to Supplier. Competitor, wanting to cause trouble, then purchases the note from Supplier for $190,000. Competitor presents the note to Retailer and demands immediate payment of $196,000.

Retail Owner contacts Larry Legal in Tampa who works in a very large national law firm. He knows Larry is a golf fanatic and to save on legal fees, Retail Owner verbally offers him 10% of the clubs he may ultimately recover from Manufacturer. Larry immediately takes the representation and begins work. Manufacturer is also a client of Firm and one of the partners in another office of Firm serves as Manufacturer’s general counsel.

Discuss Retailer’s legal rights with respect to Manufacturer, Supplier and Competitor and damages. Also discuss ethical issues that arise for Larry and Firm.

Contracts/Torts/Ethics

Seller owns a piano store, and placed an ad to sell a baby grand piano claiming that it is a 6 month young Topnotch baby grand piano for $60,000. Buyer, a successful businessman, wants to learn how to play a musical instrument and knows a Topnotch sells for $75,000. He responded immediately as he thought it was a great bargain. The bill of sale, signed by both parties, says “Baby grand piano, as is, $60,000.” The bill of sale did not specify the brand of piano.

The Buyer had the piano tuned. Although the piano had the Topnotch name and logo embossed on it, it was really an Offbrand piano. After purchasing the Offbrand piano for $6000, the Seller had changed the nameplate and logo on it. Attorney, who was Seller’s personal friend, had been with Seller when he bought the Offbrand piano but did not participate in the resale of it to Buyer. Buyer now plans to sue Seller. Prepare a memo discussing the civil claims that Buyer may bring against Seller, Seller’s defenses, possible remedies and which party should prevail. Include in your response a discussion of the ethical issues involved in whether Attorney should represent Seller in the civil suit brought by Buyer. Do not include any issues of criminal law.

Trusts:

Stan Settlor was a resident of Orlando for the last 10 years. He volunteered at a homeless shelter in Orlando called New Beginnings. Last year, Stan used his new smart phone to make a video recording, identifying himself and the date. He stated he was making a 5 million dollar trust for the benefit of New Beginnings. He appointed his friend, Tom Trustee, as the trustee. Tom was instructed to make $500 monthly payments to New Beginnings, and to have absolute discretion to pay whatever and whenever he thought. Tom was to keep the money in the savings account Settlor would create. Settlor gave Trustee $10,000 per month in compensation. Also, Trustee was to have no liability for anything, no matter how bad. New Beginnings cannot contest the trust nor sue the Trustee for any acts committed as trustee. If it did contest, the trust shall terminate and Tom would return the balance of any remaining trust assets to Settlor or to Settlor’s son. The Trust was irrevocable.

Immediately after making the recording, Stan went to Bank and made the $5 million deposit into a savings account. Tom received full access to the account. 2 weeks later, Stan emailed the video recording to Dan, the director of New Beginnings and to Tom. Tom accepted the appointment and the video recording was never reduced to writing.

Stan died and was survived by his son. Tom has not made one payment to New Beginnings since the creation of the trust, but has not missed a payment to himself. Dan tried to contact Tom numerous times about the trust, but Tom refused contact. Dan has since closed New Beginnings and retired to Iowa. The Florida Attorney General has learned of what occurred and would like to do something. Tom seeks your advice as his counsel. Prepare a memo that discusses whether Stan created a valid trust, and whether the trust provisions are valid. Discuss what duties, if any, Tom has breached as trustee. In addition, evaluate whether the Attorney General has any legal basis to intervene and the likely outcomes if someone files suit.

Which question was the easiest or the hardest? Do you think you got all the issues?

The multiple choice questions were civil and criminal procedure, evidence and business entities.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: Good Luck to Those Who Are Still Taking the Bar Exam

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

There are a few states that are sitting for their state essays today. Students from Massachusetts, New Jersey, Nevada and, of course, California are working on their bar exams today. Good luck on your final day of the exam. You can do this – you can pass
the bar exam.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, July 30, 2014

The July 2014 Bar Exam: Today is the MBE

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Today is the MBE for everyone taking the bar, no matter where you are taking the bar exam (except for Louisiana and Washington). Relax and be confident. Pace yourself. Remember, 1.6 minutes a question. Keep your time. You must answer every question. You have studied hard for this day and you will perform to the best of your ability. Good luck to everyone. Keep believing in yourself.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, July 29, 2014

The July 2014 Bar Exam: Florida Essay Subjects Tested

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

We had a new tested subject on the Florida bar exam: Commercial Paper

These are the areas tested on the Florida bar exam for July 2014:

Contracts, Commercial Paper, Torts, Ethics and Trusts

The second question on the Florida bar exam was a classic cross over concept blending question of contracts and torts.


Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

The July 2014 Bar Exam: Today Is the Bar Exam and You Will Begin the Rest of Your Life

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Today is the bar exam. Relax, be confident and do your thing. You have studied hard for this day and you will perform to the best of your ability. Tonight, go back to your home or to your hotel and rest. Don’t do anymore studying for the MBE. Eat, watch a little television and then go to sleep. You will be so tired, you will be asleep before your head hits your pillow. But it will be a well earned rest. Good luck to everyone. Keep believing in yourself. This is the first day of your life as an attorney.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Monday, July 28, 2014

The July 2014 Bar Exam: 1 day to the Bar Exam: Relax and Be Confident

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

You are almost to the finish line. Get ready today by relaxing and being confident in your abilities. You have been preparing for your chance to be a lawyer for 3 years or more. You can do this. Go to your hotel room or stay home and try to have a quiet, restful day. No upsets and no panic attacks are allowed. Review your essay notes today, get to bed early and relax. Even if you can’t sleep, lie down with the lights off and get some rest. Your body will thank you tomorrow during the bar exam.

Wake up early on Tuesday, get to the exam site in plenty of time to get registered and kick the stuffings out of this bar. Make sure you have a positive attitude and be confident in your abilities. Do well, my friends. You can do this.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California,
and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Sunday, July 27, 2014

The July 2014 Bar Exam: 2 days to the Bar Exam: The Monday Before the Bar Exam

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

It is now 2 days to the bar exam. Let’s talk about what you should do the day before the exam.

Take Monday off so you can rest and be alert during the exam. Keep the final day low key and try not to think about the exam. If you are staying at a hotel, get to your hotel early, check in and relax. Keep your anxiety under control and you’ll be fine. Work on being calm and collected.

The Night Before the Exam

Eat small meals on Monday – you want to eat something that gives you some strength but nothing that you know can make you feel sick. You know your own body, so play it smart. Avoid anything that makes you feel queasy. Don’t drink alcohol, even if you think it will calm your nerves – you do not want to be foggy Tuesday morning.

The night before the exam is the one time you may want to read a little material or study because you probably will have trouble sleeping on Monday night. Try reading a bar outline. If you can’t fall asleep, just lie there. Don’t try to do extra studying, just rest. If you can’t fall asleep, don’t get out of bed, do not pace, do not watch television, do not text, do not play on the internet, do not go on facebook, do not exercise. You do not want to do anything that will keep your mind active. You want to keep your mind at rest, even if your body can’t rest.

The Day of the Exam

Don’t try to study when you get up. You’ll be too nervous and your retention level will be minimal. It’s best to work on your nerves as you get dressed. Tell yourself that you know the materials and you will do well. Keep that positive attitude. Do not approach the morning of the bar like you are going to your personal execution. You are well prepared and you must believe that you will do well.

Eat a small breakfast the morning of the bar exam so you have enough fuel to keep going. Do not drink too much that it causes frequent restroom visits.

Leave your cellphone at the hotel or in the car. Do not bring it into the site. You will be kicked out of the bar if your phone rings.

Also important is your lunch. Avoid heavy foods that will make you sleepy. Again, limit your drink intake to avoid frequent restroom breaks.

During Your Breaks

Do not talk to anyone about the exam during your breaks. Inevitably someone will want to talk about the bar and inevitably that person put down something different from what you did. Do not second guess yourself by rehashing the exam. Move forward at all times.

Make sure you have a positive outlook. Be confident. You’ve done hundreds of practice questions by now. You can do this. You will pass. Good luck to all.

Contact us at barprofessors.com for more information.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Saturday, July 26, 2014

The July 2014 Bar Exam: 3 days to the Bar Exam: Powering Down This Weekend

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It is now 3 days to the bar exam. This is the final weekend before you sit for the bar exam.

One of the most important factors in your performance on the bar exam is going to be your stamina – to sit for 3 hours at a stretch, with no breaks, concentrating solely on the bar exam will be quite an endeavor. You need to remain focused and energized throughout the bar exam in order for you to do your best work.

First, you need to catch up on your rest and start powering down on your studying this weekend. Try to have a less stressful couple of days. Put in study time, but also sleep, rest and relax. You have done your preparation and now it’s time to get in the game, mentally and physically.

You will be nervous this weekend, but try to contain your anxiety – you have studied hard and you are ready. Review your materials, go over your outlines, write out an essay or two to keep in practice and also work on some MBE questions – making sure you read the explanations of why the answer choices are right or wrong. Don’t let doubt creep into your thinking. You must be confident – you know you will pass. Good luck.

Contact us at barprofessors.com for more information.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Friday, July 25, 2014

The July 2014 Bar Exam: 4 days to the Bar Exam: Facing the Bar Exam with Confidence

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

It is now 4 days to the bar exam.

Part of the battle to pass the bar exam is your attitude. Don’t go into the bar with negative energy. You must have confidence in your abilities. You have to go into the bar fired up and excited. This is your future and you will conquer it. You have studied extensively, you know the information and now you will prove it when you enter the bar examination. A positive attitude is half the battle. You feel good – you do good. With confidence, you have won before you have started.

Where does confidence come from? Confidence doesn’t come out of nowhere. It’s a result of something… hours and days and weeks and years of work, dedication and training. You are ready. You will go into the bar exam prepared to pass the exam. You have studied, written essays and practiced the MBE questions – you can do no more. Your analysis is sharp and you have a great game plan. You have
prepared and you are confident.

For those who are taking the bar exam as a repeat taker, do not lose your edge. Do not look back at your past failures and think you cannot pass the bar exam. Do not doubt yourself, do not be afraid that you will repeat your mistakes. You must go into the exam with confidence that you will pass the bar exam. If you doubt yourself, then indeed you stand on shaky ground. Believe that you will pass.

A student told me that this weekend, he is going to watch the movie Rocky. I thought it was a great idea. Find something inspirational for you to watch or to do. Not only will you feel good, but it can build your confidence to see someone else conquer his fears and be successful. I’ve always liked the movie Rudy – someone who wanted to go to college and play football for Notre Dame. He had many obstacles in his way including having to go to junior college before he could transfer to Notre Dame and be a walk-on to the team. The coaches kept him on the practice team because he practiced with intensity and determination even though he was too small and would likely never get into the game or play a down. Well, the last game of his senior year he got into the game, played a few downs and became the first player in Notre Dame’s history to be carried off the field in triumph. Against all odds, he became a winner – because he believed in his dreams and had the confidence to overcome his obstacles.

Believe in yourself! Have faith in your abilities! Without confidence in your own powers you cannot be successful.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Thursday, July 24, 2014

The July 2014 Bar Exam: 5 days to the Bar Exam: Essay Predictions

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

It is now 5 days to the bar exam.

During this last week before the bar exam, I have many students ask me what my prediction is for exam subjects. Anyone who claims to predict what will be on the bar exam is just guessing. I remember one year, a lecturer on the bar exam circuit claimed that since trusts had been tested in the previous test cycle, it would not be tested again and to forget about trusts. Unfortunately, many students took that advice and freaked when they opened the exam questions on the day of the bar exam and saw that the bar examiners did in fact test trusts twice in a row. This cautionary tale is meant to be what it is – do not endlessly search for predictions or to take anyone’s predictions as gospel. You have prepared for any eventuality – in any subject that is tested. Don’t try to second guess yourself and your preparation or to find a shortcut in your studies. This weekend, make sure you review every subject that is tested in your state. Only then will you be thoroughly prepared, with or without, any person’s prediction of what subjects will be tested on the essays.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, July 23, 2014

The July 2014 Bar Exam: 6 days to the Bar Exam: Consistency in the Bar Exam

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

It is now 6 days to the bar exam. Your job today, along with continuing to practice your exam techniques, is to think about consistency. In all the bar exam scores I have read, I have rarely seen an up and down score, with a student doing great in one subject and horrible in another subject. i.e., a 10 in property, a 30 in torts. Instead, there is a consistency of scores across the board. The student is routinely good in all the subjects, or routinely bad in the subjects. Your objective is, of course, to be perform consistently well across the spectrum of subjects and across the tasks you must do in order to pass the bar exam.

How do you perform consistently well in all subjects? Your consistency started with your study plan, when you first began this bar exam process. Hard work always demands a consistency of its own in your thoughts, purpose and action over that long period of study time and your sense of purpose has been the most important aspect of your life, these past 2 months. Every day you approached your bar exam studies with the steadiness of an athlete in training. In just a few days from now, all of your hard work will pay off because you dedicated your time and effort to consistent study. Like that athlete, you will win your race.

With that consistency of study time and steadfastness, you walk into the bar exam with a sense of security and confidence that you will pass the bar exam.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, July 22, 2014

The July 2014 Bar Exam: 1 week to the Bar Exam: Keep Your Focus

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Your goal for this last week is to keep your focus while you solidify your knowledge of the black letter law and improve your timing. The week before the exam is a time when you should be cool, collected and confident.

Don’t let anyone or anything distract you this week. It’s not worth it. You only have a week left to go and you can relax later,

Remember to take care of your body and mind. This means eating well, getting some sleep and working on self-confidence.

As to practical things, make sure you have confirmed your travel plans or hotel stay, make sure you have packed what you need to take with you for the bar exam, including your admission ticket, your identification, your watch, etc.

Now that you know the law, make sure your timing is correct, i.e. complete 17 MBE questions in 30 minutes; 34 MBE questions in an hour and complete an essay in the time allotted for your jurisdiction.

It isn’t uncommon to start running out of energy this week. So take some breaks to energize yourself. You need to keep your mind focused on bar material. Your focus is critical to success.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Monday, July 21, 2014

The July 2014 Bar Exam: 8 Days to the Bar Exam: Keep Your Bar Exam Day Schedule

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Today marks 8 days to the bar exam. Hopefully, this weekend, you caught up on any sleep you have been missing. You need to be physically well and fit. You need to be sharp on the days of the bar exam and you can’t be smart when you are exhausted. Keep that in mind this week. If you need to take a cat nap, go ahead and take it. Meanwhile, keep on your bar exam schedule. Start studying at 9 am for a 3 hour stretch. Take an hour break and study again for another 3 hour stretch. It will be up to you whether you want to study longer. If you feel you need to, go ahead and review your notes or essays at night, but don’t study night and day. You will only tire yourself out. Try to keep your nerves under control. Think about today and what you need to accomplish today only. This technique should help you not think too much about next week.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com
.

We can help you succeed!

Saturday, July 19, 2014

The July 2014 Bar Exam: 10 Days to the Bar Exam

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Today marks 10 days to the bar exam. This is a pretty significant day for you. You should be just about finished with your studies. You should know the law, understand the mechanics of the bar exam and understand how to tackle the MBE questions, the essays and the MPTs. It’s now time to start powering down a bit.

If you have studied hard and if you are physically tired, try to rest more this weekend. You do not want to enter the bar exam exhausted and physically spent. Many of you will start to have sleepless nights or have nightmares about the bar exam and your anxiety will reach higher levels. Try to compensate for your lack of sleep at night by taking some power naps. Don’t feel guilty – you’ve earned it. You want to be at your best physically and mentally and you can’t do that if you are too tired to think. So lie down on the couch and take a short nap when you need to. Meanwhile, review your outlines and do a few essays a day and an hour or two of MBE questions per day. If your state tests the MPT, write out a MPT every other day. It’s time now to reinforce what you already know. Reviewing and practicing will build your confidence that you really do know the subject matter.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Friday, July 18, 2014

The July 2014 Bar Exam: The Skills For Factual Analysis

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

In every essay questions or MBE questions, there are different kinds of facts you need to be aware of. You have the background facts and the legally significant facts.

We know that the background facts help put the questions into context and makes for a more coherent fact pattern. But you must recognize the differences between background facts and legally significant facts. Background facts are there to put the whole fact pattern together. But do not mistake legally significant facts for just background noise. You must be able to see and understand those legally significant facts that enable you to trigger issues in your mind.. For example, if the fact pattern reads, “defendant screamed and called the plaintiff stupid”, you are probably looking at a legally significant fact that should trigger your issue of defamation or even negligent infliction of emotional distress. You can then key into the issue presented, writing down all the elements of defamation or NIED, making sure that you blend the elements of defamation with the facts you just read. This is critical reading in a nutshell.

These skills make you a better test taker and you will be successful in finding your issues for discussion. Don’t ever just skim the words or read the fact pattern like you would a novel. This will not help you find your legally significant facts.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Thursday, July 17, 2014

The July 2014 Bar Exam: Critical Thinking

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

Critical thinking is the key to being a lawyer and to passing the bar exam. Reading the bar exam essays and the MBE fact pattern is not like reading a novel. Instead, you must pick through the facts, actively thinking of what each fact means. Critical thinking means that you must carefully examine the essay fact patterns and the MBE fact patterns. You must sort through the fact pattern, looking at salient facts so that you can make the next step of identifying issues. You will need to draw inferences from the facts and synthesize the facts into law. Look for nuisances and distinctions as you read. This will help you to answer the essay questions and pick the right answer choice on the MBE.

Reading critically and thinking through each fact, while using your logic and your legal reasoning, will allow you to understand what the question is asking you to do. Remember to evaluate every fact. Do not look at the whole of any question; instead, break it down into bites of facts, and you will come to the central issue of all fact patterns. Then you can start the essay writing process or answer the MBE question correctly.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Wednesday, July 16, 2014

The July 2014 Bar Exam: Working Under Bar Exam Hours

Please look at our essay writing, MBE programs and Bar Exam Tutors at www.barprofessors.com.

With the bar exam just around the corner, you will need to adjust your schedule to imitate the bar exam hours. We all know that the bar exam is not only mentally exhausting, but also physically challenging, especially if you are not used to getting up early in the morning and performing at your best, starting at 9 am. The best way to get used to that grueling schedule is to move to “bar exam hours.”

If you are like some of my students who study all night, stop it today. From this day forward, until after the bar exam, get up at 6 am or 7 am, shake the early morning cobwebs loose, and eat a little breakfast. Even if you hate breakfast, you know you’ll need to eat something the morning of the bar exam. You cannot wait until the lunch break to take nutrition on the day of the bar exam. In this run up to the bar exam, eat a little something every morning. If you are not a breakfast person, let your stomach adjust to early morning food. Eat simple and bland – bread, a banana, anything to put something in your stomach for energy.

Then, start studying at 9 am until 12 pm, with no breaks, take an hour to eat and relax, then study from 1 pm to 4 pm, with no breaks, You want to mimic the bar exam hours so you are at your peak at 9 am every day. Don’t leave anything to chance, plan out your day, even to the most minute details. That is what lawyers do.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!

Tuesday, July 15, 2014

The July 2014 Bar Exam: 2 Weeks to the Bar Exam

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You have 2 weeks until the bar examination. Instead of spending the day getting nervous about the time, concentrate on what you have left to do.

By this time, you should have pretty much memorized as much black letter law as you can cram into your brain. It is now time to put away the books and stop studying the law.

What you need to do in these final 2 weeks to prepare yourself for the bar exam is to practice, practice, practice. You are now familiar with your state test and the MBE questions and what to expect from the bar exam.

Try to do an essay or two every day, testing yourself on a variety of subjects that you know your state tests. Do the essays under test conditions. Once you finish your essay under time constraints, spend an equal amount of time reading your essay and comparing it to the model answer. Read for comprehension, also. There might be a point of law that you did not know that you can learn from reading the model answer.

For those states who have the UBE, and California or New York who have performance tests, you also must include taking the time to do the performance test also. Try doing 1 performance test every other day. This way you can probably get 5 or 6 performance tests in to your practice sessions prior to the bar exam. On the days you do not do a performance test, practice your essays.

In between the essays and performance tests, you also need to work on questions for the Multistate. Try to get in at least 50-100 MBE questions per day, if you can. This way you can really be sharp when exam time comes.

Don’t waste the time to panic, but do take the time to practice. You will be more prepared than ever if you follow this schedule.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Monday, July 14, 2014

The July 2014 Bar Exam: The Essay Writer

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An important piece of information that you need is knowing what kind of essay writer you are. The next time you write an essay, look at your writing critically. What kind of essay writer are you?

I have seen many types of essays, put I put them mostly in a few categories:

All facts and no law: These writers just regurgitate the facts without legal analysis. All law and no facts: These writers just tell us the law, without blending the facts. No knowledge of the rule definitions: These writers do not know the black letter law. No knowledge of factual analysis: These writers do not blend the law with the factual analysis.

Where do you stand on my list? Make sure you know the answer, because your job, right now and up to the bar exam is to correct your essay writing and turn your weakness into a strength.

Most states want you to write an IRAC type of essay. You want to identify the issue, set out the complete rule definition, analyze your facts with the law, and then you want to conclude. You can’t go wrong with that simple formula.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Friday, July 11, 2014

The July 2014 Bar Exam: The Writing Process for the MPT

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After completing your reading of the Library and File, you’re ready to begin the task of writing.

Your job is to discuss the issues and the controlling rule of law. Only answer the question that was asked of you
Make sure you outline your issues and facts first. Look at the Task memo again and make sure your outline has incorporated each issue; noted the relevant facts; and cited appropriate legal authority. Look at the Memo to verify your task and what tone you must take.

Write subject headings, if it is a memo or brief. You want to combine the law with the relevant facts to write logical thesis sentences.

Give adequate treatment to the cases in the Library. You want to avoid copying passages from cases or statutes, but you do want to tell the bar examiner what the cases say in relation to your facts. Remember to blend the law with the facts. Make relevant arguments on how the law and the facts support your theory. If there are contrary authorities, cite and distinguish those cases.

Cite all cases in your brief or memo.

Your review and outline of the task should take you approximately half of the time allotted. You then can write for the remaining time.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Thursday, July 10, 2014

The July 2014 Bar Exam: The First Steps in Analyzing the MPT

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First you want to review the instructions. There is an instruction sheet of every MPT. Read it as you prepare – you do not want to waste time reading it during the bar exam.

Verify the jurisdiction paragraph to know what is mandatory as opposed to what is merely persuasive authority.

Your next step is to identify the area of law. From the listings in the Library, you can often determine the subject area.
Determine whether it’s a statutory or common law problem.

You then must read the Task Memo and identify the issue you’re asked to resolve. The Task Memo reveals the precise issue you’re asked to resolve. Read the directions carefully.

Identify your specific assignment by noting the precise nature of the task: memo – decide whether it is a persuasive brief, client letter, contract provision, etc. Identify the point of view – whether it’s objective or persuasive. This will inform the nature of your reading because you’ll read the materials with a critical eye. dentify your audience – is it a lawyer or layperson?

Now, you’ll be able to start the reading.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Wednesday, July 9, 2014

The July 2014 Bar Exam: Understanding The MPT

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Many states, including the Uniform Bar Exam, have a multistate performance test.

The MPT consists of a 90-minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.

The MPT is not a test of substantive knowledge. It is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the law to the relevant facts in a manner likely to resolve a client’s problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints.

These skills are tested by requiring applicants to perform one of a variety of lawyering tasks. Examples of tasks applicants might be instructed to complete include writing the following: a memorandum to a supervising attorney; a letter to a client; a persuasive memorandum or brief; a statement of facts; a contract provision; a will; a counseling plan; a proposal for settlement or agreement; a discovery plan; a witness examination plan; or a closing argument.

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Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Tuesday, July 8, 2014

The July 2014 Bar Exam: 3 Weeks to the Bar Exam

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Three weeks to the bar exam is a good time to evaluate how you are doing. You have enough time to now pinpoint your weak areas and enough time to change your schedule if you feel you’re spinning your wheels. Consider this day your line in the sand.

By now you should have done several hundred multistate questions, at least 15 state essays and at least 4 performance tests.

If you haven’t done it, get busy. Change your schedule if you need to, work on your weak areas and keep testing.

If you have, you are ready for the bar exam. You just need to keep working, stay cool and continue to test yourself.

Make sure you are peaking on exam day. If you are like some of my students who study all night, stop it today. Get up at 6 am or 7 am and start studying at 9 am until 12 pm, with no breaks, then study from 1 pm to 4 pm, with no breaks, You want to mimic the bar exam hours so you are at your peak at 9 am every day.

Don’t pretend you’re not nervous. Accept that it’s okay to be nervous. Channel that nervous energy properly by attacking your study schedule and transform your nerves into confidence. But, remember, you do not want to be overly tired for the bar exam. Try to sleep through the night or, at least, take some cat naps during the day to catch up on missed sleep.

One of the most important things to do during this 3 week period is not to doubt your abilities. You can pass this bar and you know it. You just need to be in the top 2/3rds of your state. Don’t stress too much about what you don’t know – you are not expected to get a 100% on this test – it’s more like 60%. The examiners expect that you will have weak areas. Go into the bar exam with the knowledge you will pass the bar exam.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Monday, July 7, 2014

The July 2014 Bar Exam: Keep Studying and Practicing Questions

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I always tell my students that studying for the bar is more like a marathon than a sprint. I want you to compare it to your favorite sport that you play. Do you remember how hard it was to pick it up in the beginning? You had to keep at it and practice every day before you started to improve and get better at your game. You worked at that game until you became a true proficient at it.

That game you mastered long ago is similar to how you must master and pass the bar exam. Every day you chip away at the large amount of material, taking manageable bites until you have mastered that bite and go onto the next one. As someone has once said, how do you eat an elephant – with one bite at a time. In other words, take smaller sections of the vast material, learn it and then take another section of the bar exam and learn that section, until, before you know it, you have learned the law, practiced your questions and are ready to sit for the bar exam.

Always stay in the moment of that day, because if you look too far ahead, you will waste precious time worrying about the large amount of material you must learn or how fast the time is ticking before the bar exam.

I tell my students that taking the bar exam is not a sprint. You cannot do everything in one day. Do not drive yourself to exhaustion thinking that you must skip meals, skip the gym, skip sleeping in order to prepare yourself for the bar exam. You cannot run down your body or your mind. Take regular breaks so that you can come back refreshed and ready to learn.
Remember, it was the tortoise that won the race, and not the hare. And to quote the tortoise, “slowly does it every time”.

The bar exam is a marathon, not a sprint.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Thursday, July 3, 2014

The 4th of July Weekend: Incorporating Your Family and Loved Ones in Studying for the Bar Exam

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Those that really love you want to see you pass the bar. Know that with certainty. Those who are pulling and picking at you, saying you don’t have to study that long or want you to go to the clubs and party are not your true friends and do not want you to be successful. Hopefully, you have ejected them from your life for this last month of studying.

Sometimes those loved ones see you study and see your struggle and wish they could help you, but don’t know how. Bar applicants who have children find it hard to be both a parent and have a full time study plan. Don’t ignore them. Try to incorporate them into your “experience”.

I’ve known students who bring their mom to the test site. What mom does is to make sure their kid has food during the breaks, go over study material or just give their kid a shoulder to rely on during this trying event.

During this 4th of July weekend, look at those that are supporting you in ways you may not even realize. Maybe your mom makes you breakfast every morning before you leave for your bar course. Maybe your spouse is doing the heavy lifting as you study. Let them know you appreciate their support, even if they are just getting out of your way during this stressful period.

If you have family that would like to attend a cookout this 4th of July, go and take a few hours off to relax your mind and have quality time with those that love you. At this point in your studies, you deserve an afternoon off. Go see the fireworks. Take the time off with no guilt attached.

For those who still want to study and for other times beyond this weekend, have your family help you. They will be glad to help and they will be proud of the little part they played in your success. Give your family members or your children one of your study books and have them test you. This is particularly good for the elements of a cause of action. By now you should be close to having them mostly memorized, but especially with those subjects that are difficult for you, have your family help you recite those causes of action. See if you can make a game out of it, with your children or family members each calling out an element of a cause of action.

You may be surprised on game day when you are calling up the exceptions to the hearsay rule and you remember the face of your loved ones yelling it out to you.

Have a wonderful 4th of July. If you worked hard, you deserve it.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Wednesday, July 2, 2014

The July 2014 Bar Exam: Strategies for the Answer Choices for the MBE

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Here are some strategies for the answer choices for the MBE:

1. Look for the more precise answer: That is a better choice – one that incorporates more facts and more of the law relevant to your fact pattern.

2. Be careful of those absolutes. If you see words like must, always, never, etc., be careful, because we know that the law almost never deals in absolutes. They are few absolutes in the law.

3. Look for conjunctions. Be careful when you see words like because, if, only if, unless, etc. Those conjunctions are designed to try to trick the reader, especially the careless reader. For example, you’ll see a question that says, if the jury believes the defendant, it is because…. This example wants you to focus on the defendant’s defense, not whether the defendant is guilty.

4. Be careful of distractors. Common distractors for evidence are the best evidence rule and prejudicial v. probative. Make sure you know when you can use these two as the right answer or else they may be distractors.

5. Be careful of sympathy or dislike. The MBE likes to pull at your heart strings a bit too. Sometimes they have a really reprehensible defendant who has a legitimate “procedural” issue that makes him not guilty, i.e. an improper search and seizure. You want to find him guilty, but the police make an error and the evidence is suppressed. Similarly, you’ll see a sympathetic person who commits a cause of action or a crime and must be either liable or guilty. Don’t let emotion rule the day.

Remember, that common mistakes in choosing the answer come from not knowing the law, not reading the fact pattern carefully, or not reading the call of the question.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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Tuesday, July 1, 2014

The July 2014 Bar Exam: Today Marks 4 Weeks to the Bar Exam

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Today marks 1 month to the July bar exam. Today is a good day to think about where you are in terms of your studying. By this time, you should be well into knowing and understanding the law. Of course, there will be areas where you are still weak, but, overall, do you know enough law to make it through the bar exam? If not, hit those review books and try to memorize the law as much as you are able to in the next 4 weeks.

The next 4 weeks are crucial to your run up to the bar exam. Once you have the law down, you need to practice – and practice alot. Go through your practice essays and your MBE questions like the bar exam is tomorrow. Practicing your essays, PTs and MBEs will ensure that you know the law and you know how to apply the law. Application of the law will be the difference between passing and failing.

Resist those voices of people who tell you horror stories, or want you to stop studying and power down. Accept that you have 30 days of study ahead of you. In the scheme of your lifetime, the next 30 days are not a lot of time to get yourself ready or to sacrifice to get yourself ready. It’s worth your time to have a lifetime career as a lawyer.

It’s all about getting yourself ready for the best performance of your life in July. Keep your focus.

Happy Studying!!!

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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