Bar Professors' Blog - Let's Talk About Bar Exams

Know the Black Letter Law and Test Your Way to Success on the Bar Exam

2012-01-24T17:45:00.000-08:00

In addition to putting in the study time, you need to learn how to maximize your study time. How do you go about getting the biggest bang out of your study time?

First, build a good, solid foundation of the black letter law. In order to have a good foundation, you must review each bar exam subject. Go through each subject, one by one and absorb each subject as best you can. As you go through the subject, make sure you understand the basic law before you move on.

To build a foundation of the law, you need to break the subject areas into more manageable components. Break your subject into topics. And go through the elements of the topics of each subject.

What I mean by that is to take a subject, like Torts. Then break the Tort subject down to topics, i.e. Negligence. Do you know all the elements of negligence? Do you know the elements of battery? You can outline it and/or make sure you know it by heart before you move on. You can do that memorization by reciting it or writing it down without looking at your notes or outlines.

Once you feel you know that topic, do a few essay questions and some MBE on that topic just so you know you have it.

Don’t scatter-shoot your studying. Learn the topic thoroughly before you move on to your next topic in the subject area. Don’t go through the topics of the subject areas all at once, i.e. don’t go through battery, assault, false imprisonment and not know each one by heart. Stop at battery, recite it, do some MBE and then move to assault, and false imprisonment and the other topics of Torts. Do this for every topic in every subject. You do not want to read your subject outlines like a novel.

Read, learn, recite, memorize, test yourself and move on.

New York Bar Exam Statistics for July 2011

2011-11-06T16:57:00.000-08:00

The New York State Board of Law Examiners examined 11,182 candidates. Graduates of law schools accredited by the American Bar Association who took the bar examination for the first time achieved a passing rate of 86.1%, an increase of 0.5% from the passing rate achieved by the same group last year. The graduates of New York law schools outperformed their counterparts who attended out-of-state ABA-approved law schools. The passing rate for graduates of New York law schools who took the New York bar examination in July for the first time was 86.3%.

The passing rate for all candidates, including U. S. domestic-educated candidates and foreign educated candidates, and first-time and repeat takers, was 69.2%. The number of foreign-educated candidates sitting for the New York bar examination was 2,838, which accounts for 25% of all candidates who took the July examination. The passing rate for all foreign-educated candidates was 35.4%.

The New York Bar Exam Results Are Out

2011-11-02T07:16:00.000-07:00

The New York bar exam results are now out. Good luck to all everyone who took the bar exam.

What Should I Do if I was Unsuccessful on the Florida Bar Exam: Important Advice for Repeat Florida Bar Takers

2011-09-24T11:20:00.000-07:00

First, let the shock of failing the bar subside with a few days of reflection. Clearly, this may be one of your greatest disappointments, but don’t let it control or define who you are. You can pass the bar exam in February 2012.

Ok, now let’s start. Do not repeat the same class, study plan or approach you used the last time. It did not work. Coming close on the bar is good only in horse shoes. One size does not fit all. Get a private tutor and/or enroll in a “small” individualized bar review with contact and essay evaluation from your instructor. This structured, personalized program is the key to passing the bar for repeat takers. Above all, never give up.

BarProfessors is offering private and confidential tutorial services for the February 2012 Florida Bar exam as well as New York, California and Texas. Spaces are very limited. Forward your e-mail to pass@barprofessors.com.

July 2011 Florida Bar Exam Results by Law School

2011-09-19T14:16:00.000-07:00

Here are the results of the July 2011 Florida Bar Exam by Law School:

Florida International, 89.6% (120 of 134)

Florida, 89.1% (285 of 320)

Florida State, 88.3% (183 of 206)

Stetson, 87.7% (185 of 211

Nova Southeastern, 87.4% (201 of 230)

Miami, 82.6% (237 of 287)

AVERAGE OF ALL LAW SCHOOLS, 80.1% (2314 of 2890)

St. Thomas, 77.9% (113 of 145)

Florida Coastal, 74.6% (179 of 240)

Barry, 70.3% (104 of 148)

FAMU, 65.3% (77 of 118)

Ave Maria, 47.8% (11 of 23)

The July 2011 Florida Bar Exam Results Are Up

2011-09-19T06:31:00.000-07:00

The July 2011 Florida bar exam results are now up.

Congratulations on passing the bar and a job well done.

To those who failed, keep your chin up; you can pass the next time. Have a good cry and get back to business.

We will put the law school’s information up as soon as we get it.

BarProfessors is offering private and confidential tutorial services for the February 2012 Florida Bar exam as well as New York, California and Texas. Spaces are very limited. Forward your e-mail to pass@barprofessors.com.

The Florida Bar Exam Results Will Be Released on Monday Morning

2011-09-18T10:51:00.000-07:00

The Florida bar results will be released on Monday morning, September 19, 2011. I know the Florida takers are going crazy this weekend. Monday will be such a big day for you. This is your day of reckoning. Did you study hard enough, not enough, did you do enough to pass. Those thoughts will consume you this weekend. It will be hard, but try to relax; it is out of your control right now. There are no more second thoughts for you.

Monday will be a day of joy for some and hardship for others. For those who pass, enjoy this exciting and great accomplishment. You deserve all the praise from your friends and family for your hard work and sacrifice.

For those who were unsuccessful, do not feel dejected. Start studying for the bar now. Get right back up and say, “I will pass in February 2012.” Hard work will pay off. Also, do not do what you did last time. It is not working for you. Bar review courses are one size fits all, but you will need another way to study that fits your needs. Determine how you can get the most for your studies so that you can pass in February. Never give up.

Come back to this site with the results of the Florida Bar Exam by law school.

BarProfessors now is offering private and confidential tutorial services for the February 2012 Florida Bar exam as well as New York, California and Texas. Spaces are very limited. Forward your e-mail to pass@barprofessors.com.

Florida Bar Exam Results for July 2011

2011-09-14T12:36:00.001-07:00

The Florida Bar Exam results will be released on Septermber 19, 2011. Please come back to this posting for results by law school.

Please go to Barprofessors.com for information for repeat Florida Bar Exam takers. Good luck.

The Florida Bar Exam Results Will Be Released in a Week

2011-09-12T05:00:00.000-07:00

The Florida bar exam results for July 2011 will be released in a week, on Monday, September 19th. Keep steady – it is going to be a long week for those in Florida.

The Bar Exam is Over

2011-07-29T08:44:00.001-07:00

A job well done to all.

Now it’s time to relax and have fun!! Take some time off. You deserve it.

Continued Good Luck to Those Who Are Still Taking the Bar Exam

2011-07-28T05:02:00.001-07:00

Keep your spirits up. You are almost to the finish line. Good luck on your final day of the bar exam. You can do this. Good luck on this last day of the bar exam.

Today is the MBE Exam

2011-07-27T04:25:00.001-07:00

Today is the MBE for everyone taking the bar, no matter where you are taking the bar exam. Everyone has to take it so relax and be confident. Pace yourself. Remember, 1.6 minutes a question. Keep your time. Your 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.

Florida Bar Exam Subjects for July 2011

2011-07-26T10:59:00.000-07:00

We called it.

Family Law and Professional Responbility, Contacts/Property and Professional Responsibility, Torts and Professional Responsibility

Today Is the Bar Exam and You Will Begin the Rest of Your Life

2011-07-26T04:40:00.001-07:00

Today is the bar exam. Relax, be confident and do your thng. 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.

Monday, The Day Before the Bar Exam: Relax and Get Your Mind on the Prize

2011-07-24T17:32:00.000-07:00

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. If you are particularly anxious, you do not want to have to wait in line with other bar takers to get into your hotel room, nor do you want to have trouble checking in, nor do you want to see other apprehensive bar takers. Eat lightly if your nerves are working overtime. You do not want to feel sick or nauseous as you will be sweating it out on Monday. Your nerves are normal, just don’t get totally freaked out. Keep your anxiety under control and you’ll be fine.

The Night Before the Exam
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. Get into your usual night wear, get into the bed and read something boring. Try reading a bar outline or your one pagers. It will serve as a little refresher but might bore you enough to fall asleep. 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, pace, watch television or do anything to keep your mind active. You want to keep your mind at rest, even if your body can’t rest. You are going to need a rested mind for Tuesday, even if your body feels a little tired.

The Exam is Now

Make sure you have a positive outlook. This is an opportunity for you to move forward in life. Every minute that passes is one step closer to finishing the exam. This day will go more quickly than any other day of your life. You will get tired and frustrated, but you will also feel exhilarated.
It’s very simple. You’ve done hundreds, if not thousands, of practice questions by now. Now you’re going to have a chance to see what it’s like to apply that knowledge to the real thing. Just kick back and enjoy the challenge. At the end of the day, you’ll feel a terrific sense of accomplishment.

Clothing

Needless to say, this is not a day you need to sport your finest clothes. Focus only on comfort. But make sure you bring layers in case it is too hot or too cold. The most common bar exam outfit is a pair of sweats or jeans with a t-shirt and sweater. Wear your most comfortable pair of shoes and take it easy. You don’t want to lose control over your body temperature should the examiners turn up the air conditioning or turn it down. Make sure you are your own climate control. You don’t want the temperature to distract you from your focus.

Food and Drinks

The night before the exam, 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.

On Tuesday, Wednesday, and for those in California, Thursday, eat a solid breakfast that will get your mind working, but don’t eat so much it makes you sleepy. Don’t drink too much that it causes frequent restroom visits.

Also important is your lunch. Once again, avoid heavy foods that will make you sleepy. Avoid food that makes you sleepy. A good bowl of soup and some crackers may be a good bet. Again, limit your drinks to avoid frequent restroom breaks.
Use your restroom breaks wisely. If you need to use the restroom, wait for a difficult moment. You may need to clear your head for the moment it takes to run to the bathroom. For example, if you are at a difficult question and you’re torn between two answers or can’t remember an issue, take a walk to the restroom and think about it. You might be able to have a memory moment on the way to the restroom.

Relax

Don’t panic when you get up. Take a hot shower, eat your breakfast and watch television. Don’t study. Talk to yourself about how you are to kick butt on the bar exam. Tell yourself that you know your stuff and will be an answering machine. Be positive. You are not walking to your execution. This is the chance to show your stuff. You are the kid who dunked on LeBron James.
Leave your cellphone at the hotel or in the car. Do not bring it in to the site. You can be kicked out of the bar if your phone rings. If your cellphone rings, you will be back in the same place, taking the bar again in 6 months if you get kicked out of the bar.

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. You’ll have 3 months to second guess yourself while you wait for the results. Do not do so at the bar site.

Powering Down This Weekend

2011-07-22T12:48:00.000-07:00

Like most law students, you’re probably conditioned to study hard even the day before the exam. In fact, you may think it’s wise to study right up to the last minute. With the bar exam, that’s a serious mistake. This isn’t a two or three hour exam. The test’s duration is nearly eight hours, including your lunch break.
One of the most important factors in your performance is going to be your endurance. You need to remain focused and energized throughout the bar exam and this is difficult. Most students find themselves hitting a brick wall somewhere during the exam day. There are some ways to try and minimize this detrimental impact.

First, you need to catch up on your rest and start powering down on your studying. This weekend try to have a “normal” couple of days. Put in study time, but also sleep, rest, watch tv, go out to dinner and relax. Do your sleeping this weekend. Why? Because you probably will not be able to sleep soundly on Monday night. Tuesday night you will sleep like a rock because you will be exhausted from a good day of focusing. Sleeping longer on the weekend prior to the exam will enable you to get rest and not be too groggy on Tuesday.

Second, eat well this weekend since you probably have had a lot of fast food these past 6 weeks. You may not be able to eat much on Monday if your nerves start showing. Do not drink any alcohol. You do not want that in your system. Obviously, no drugs are needed now or any other time. Try not to eat rich food or foods you know have adverse effects on your stomach. Monday, eat solid but light foods to keep you alert. Just think boring foods because you stomach may be upset due to nerves. Try to relax a bit because you have done your preparation and now its time to get in the game.

1 Week Until the Bar Exam: Stay the Course

2011-07-19T09:52:00.000-07:00

Your goal for this last week is to stay the course 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 stay the course personally and professionally.

This is not the time to start a diet, relationship or hobby or end one. It is also not the time to dramatically change study habits. Those who cram are going to want to start a “24/7” scorched earth policy of learning everything at all hours, but remember, this exam is just like a big athletic contest and you want to stick to your carefully construction training regime.

This is the time you put out your “do not disturb” sign, even for relatives and close friends. If they don’t get it, then they are not acting in your best interest. Other bar takers may turn into toxic, needy people the week before the exam as well, so beware. It is not uncommon for your loved ones to express their own frustrations over your studying, so if need be, take a hotel room for a week or tell them they can vent in one more week. Whatever problems you’re encountering short of a medical crisis, stay focused on the bar exam. Don’t let anyone or anything distract you. It’s not worth it.

Take care of your body and mind. This means eating well, getting some sleep and working on self-confidence. If this means listening to your favorite music or watching some funny videos, go for it. A little laughter and inspirational music can go a long way.

As to practical things, make sure you have confirmed your hotel reservation, that you have packed what you need to take with you, including your admission ticket, your identification, your watch, etc.

Whatever it is you’ve been doing the past couple of weeks, keep it up. Stick with what you know, confirm you knowledge and reinstall your confidence in the material.

As to the bar exam itself, make sure you have taken at least one or two simulated exams.
• Make sure your timing was within range for the MBE, MPT and the essay questions.
• Make sure your scores are within range to pass
If you simulate a portion of the exam, make sure you are able to
• Complete 17 MBE questions in 30 minutes; 34 MBE questions in an hour
• Complete an essay in the time allotted for your jurisdiction
• Complete an MPT in 90 minutes

Practice MBE questions in random order instead of one subject at a time.

Review subjects covered earlier in the bar review period to keep them fresh in your mind.

Now that your bar review course has ended, increase your study time and direct most of your additional time to practice questions.

It isn’t uncommon to start running out of fuel about a week before the exam. So take some breaks to energize yourself, but whatever you do, don’t start working on alternative projects around the house or pick up a novel to relax. You need to keep your mind focused on bar material. Don’t get wrapped up in anything but the bar exam. Your focus is critical.

2 Weeks to the Bar Exam: Practice Makes a Passing Score

2011-07-12T10:58:00.000-07:00

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 now need to do in these final 2 weeks to prepare yourself for the bar exam is to practice, practice, practice and do more practice tests. You want to become some familiar with your state test and the MBE that you can almost do it in your sleep.

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. If your state is Florida, do a series of 1 hour essays, including subjects like property, torts, constitutional law, family law, trusts and the other subjects Florida likes to test. If you are from a state that does 30 minute tests, do 3 or 4 a day. Once you finish your essay under time constraints, 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 like California who have performance tests, you also must include taking the time to do the performance test also. In California, your performance tests take 3 hours, so your practice sessions will be much time intensive. Try doing 1 performance test every other day. This way you can probably get 7 or 8 performance tests in practice 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 prepare 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 take the time to panic, but do take the time to practice. You will be more prepared than you think possible if you follow this schedule.

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

2011-07-01T16:57:00.000-07:00

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 these 2 months that you are 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. Almost 3 weeks before the bar, 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 weekend, 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.

The Multistate Performance Test for California, New York and other States

2011-06-26T17:44:00.000-07:00

I’ve had a number of questions about the performance tests. Here is an Outline for taking the California PT and the MPT.

Review the Instructions

1. Skim the paragraphs to check the requirements. There is an instruction sheet on the back of every MPT. Read it during your preparation so as not to waste precious time on the exam.
2. Verify the jurisdiction paragraph to know what is mandatory as opposed to what is merely persuasive authority. You must know the court structure before you read the cases so you can determine what is mandatory and what is merely persuasive authority.

Scan the Table of Contents

1. Identify the general area of law. From the listings in the Library, you can often determine the general subject area and use it to inform the rest of your reading. Don’t freak out if the subject area is unfamiliar to you. You’ll be given all the relevant law you need to solve the problem.
2. Determine whether it’s a statutory or common law problem

Read the Task Memo Carefully and Completely

1. Identify the issue you’re asked to resolve. Are there sub-issues? The Task Memo reveals the precise issue you’re asked to resolve. Read these paragraphs two or three times to be certain you have identified the issue. It’s usually in the last 2 paragraphs of the memo. Write the issue on your scratch paper so that you remain focused as you proceed. Be careful not to change or vary the language of the question.
2. Read the directions carefully. You may be asked to identify additional facts. Also, note any exclusions.
3. Identify your specific assignment by noting the precise nature of the task: memo, persuasive brief, client letter, contract provision, etc. Identify your 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.
4. Identify your audience – is it a lawyer or layperson?
5. Note any exclusions. Sometimes you are told not to consider a specific issue. Your job is not to discuss it.

Review the Instruction Memo

1. The bar examiners include this memo if they think you need guidance in completing the assigned task.
2. Note for a particular format or structure required for your answer. The memo provides guidelines for opinion letters, persuasive briefs, memos, etc. telling you exactly what to include and sometimes what not to include.
3. If a brief is required, make sure you need to include a statement of facts, a jurisdictional statement or persuasive subject headings. The Instruction Memo will advise whether your persuasive brief requires a statement of facts or not. A persuasive brief might require a factual statement while a trial brief might not.
4. Are there specific examples/models to follow.

Read the Library

1. Although the first part of the exam booklet is the File, you’re going to begin with the Library. Reading the law first informs your subsequent reading of the File. If you read the File first, with its various excerpts from depositions, client communications and attorney notes, it would be very difficult to sift the relevant from the irrelevant information. It would not be possible to know which fact were “relevant” until you knew the law and how the cases in your jurisdictions have interpreted that law. While reading the Library first does not guarantee you won’t have to review it again, it will make your subsequent reading of the File meaningful and immediately productive.
2. Read the cases first. Often, they will explain the statutes that are also in your file, thus saving some time.
3. For each case read the earliest case first and proceed chronologically; verify the jurisdiction to determine whether it is mandatory or persuasive authority for your problem; skim the facts to get a sense of story; identify the statement of the rule including determining if it is element-based or if you need to synthesize the rule from the cases or if it is a multi-part test formulated by the court; note any footnotes.
4. Adapt the rule in the cases to form your outline. Use the elements, the prongs of a rule or the components of a statute to form the roman numerals of your outline. A general outline is then in place as you read the rest of the Library. Add to and refine your understanding of the rule as well as add any exceptions or limitations to the rule as you read the other materials in the Library.
5. Be sure to leave adequate space under each section of your outline so you can add the appropriate facts when you read the File.

Read the File

1. After reading the Library and outlining the rule, you’re ready to read the File and add the relevant facts to the appropriate places in your outline. Use your outline of the issues and rules to keep focused.
2. Write your issue above your rule outline. By reading the File with the issue clearly in place, you can more easily identify the legally relevant facts from the sea of material in front of you. As you proceed, add the critical facts to the appropriate part of your outline.
3. Characterize the legal relationship of the parties
4. Identify the relevant facts based on your knowledge of the law from the library.
5. Add these facts to the appropriate sections of your rule outline.

Begin to Write Your Answer

1. Review the Task memo and make sure your outline incorporated or accounted for each required issue; note the relevant facts; cite applicable legal authority; account for how the law and facts support your theory; and if appropriate, cite contrary authority and distinguish it.
2. Review the Instruction Memo quickly to verify your task format and its required components

Write the Required Response\

1. 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. Here is where you get your points. Don’t waste time by reciting the facts or providing needless background information.
2. Answer the question that was asked of you
3. Adopt the tone and format required for the task
4. Write persuasive subject headings including stating the legal conclusion you want the court to reach and the factual basis on which it can do so; write each point heading as a conclusory statement combining the law with the relevant facts; and write in a coherent, logical and persuasive thesis sentence.
5. Gove adequate treatment to the cases in the Library.
6. Avoid copying passages from cases or statutes.
7. Make the relevant arguments on how the law and the facts support your theory
8. Make sure the contrary authority has been cited and distinguished.
9. Cite to the appropriate authorities for statements of the rule.

Organization and Analysis: Essay Writing for the Bar Exam

2011-06-07T13:04:00.000-07:00

In order to write a successful essay answer you must learn to organize your answer as your analyze the fact pattern.
Organizational Analysis

Look first to the call of the question for a method as to how your answer should be organized. If the call of the question or the interrogatory as it is called in California, use one of these methods of organization:

1) Organize Around Parties

If there are more than two parties, organize your answer on a party versus party basis.
For example, A v. B; C v. D; E v. F.

2) Organize Around Transactions or Events

If there are only two parties, use the different transactions or events as your method of organization.
For example, suppose you are presented with a Property fact pattern which involves only two parties, Buyer and Seller. You cannot organize your answer around the parties’ relationship because that would give you only one center of discussion. Instead, your answer should be organized around the various transactions or events which may give rise to a contractual relationship or a property-issue relationship.

3) Organize Around Theories of Law

If there are only two parties and there is only one transaction or event occurring between them, you should organize your answer around the pertinent theories of law.
For example, suppose you are presented with a landlord tenant fact pattern involving only two parties, landlord and tenant. Suppose further that there was only one act directed by the Landlord to the Tenant but that one act gives rise to a number of potential issues. Your analysis should be centered around these different issues with which Tenant might have against the Landlord.

Analysis

This is where you make the skeleton outline you have prepared, as part of your organizational analysis and “flesh it out” by figuring out what the fight is all about. This is done by identifying the appropriate checklist for the subject and running the checklist through your mind to determine what the problem is. At this point you separate the major issues from the minor issues and the non-issues.
Look back to the fact pattern for facts which should be used for applying the law and solving the problem.

Then, start writing your analysis, with the organizational approach you chose.

It’s Time to Begin Preparation for the July Bar Exam

2011-05-18T07:27:00.000-07:00

Congratulations to all the law school graduates and the families that supported you through your law studies.

Why a study plan? In order to pass the bar, you need two things: time-management and discipline. Sticking to a study plan will conquer both requirements. Thorough preparation is the key to passing the exam and having a plan in place will allow you to manage your time and using your discipline to stick to the study schedule. For a plan to work, you have to address your learning style as well as the substantive areas you will be tested on.

What do I mean by learning style? Ask yourself, how do you learn? What worked for you in law school? Some people like reading outlines, some like to do practice questions and then read the answer explanations, some like to do their own outlines, or make up flashcards. You should know the answer to this question by now. How do you best learn or memorize the substantive law? Also, ask yourself, when do you best learn? I personally am a better morning learner. As the day goes on, I start to lose focus. I also like to do my work in blocks of time. My colleague is like a sprinter. He focuses on his work in short bursts. I’m like a marathon runner. I like to do my work, and, not be disturbed for a few hours at a time. While practicing law, I tell my secretary to hold all calls for a stretch of time until I’m ready to take a break. What works for you? Do you like the evening hours to study, do you take frequent breaks. Know all of that before you write your study plan. Also, just prior to the bar, switch over to the bar schedule. Get up early, as if you are taking the bar, and work for those 3 hours as if you are sitting for the bar, break for lunch and do another 3 hour stretch to mimic the bar.

For your study plan, you should first start with relearning and reviewing the outlines with some practice questions thrown in and as you pick up the pace, you’ll reverse it and do more practice questions and essays and only use your outlines for clarification on questions you get wrong or confused about.

In the beginning, you are going to struggle with the voluminous materials, but keep at it and keep pushing the pace. It’s like training for a race. You first have to struggle through the repetition until it starts feeling right and you start performing at your optimal level.

Be realistic with your goals and your study habits. For example, you can’t go throughout the entire day with no lunch or no exercise or no breaks because you were unrealistic in the time aspect of your plan. You have to write a study plan that suits you and your personality without slacking off.

Don’t ignore your weak areas or your strong areas. You may not need to schedule as much time in your stronger subjects, but review them as consistently as you do all the other subjects. You may not need to read or reread the outlines of your strong subjects, but during those time periods, practice your questions. You may need those extra points on the bar. For your weaker subjects, don’t spend too much time obsessing on your lack of knowledge or take away from other subjects you also need to study; and do not ignore your weak subjects. All bar examinees have weak subjects. Again, spend time on those subjects as you would other subjects and just keep practicing. You’ll be surprised at how much you really do know in those weak subjects.

Where should you study? Again, that depends on your learning style. Can you get work done at home or does the distraction of the television or the computer or the phone make you turn it on? Does studying at your school make you study more or do your fellow students distract you and make you chatter rather than study? Make sure wherever you go that it is quiet. Turn off the phone, the text messaging, and the internet. This is too important for you and your career to be easily distracted. Let’s face it – none of us what to spend the next 6 weeks in constant study – it’s torture. As the holidays go by, the warm weather beckons you outside, you are stuck inside studying, studying, studying and having absolutely no fun at all. Just remember this is your career you are talking about. You sacrificed to go to law school, you can sacrifice for the next 6 weeks and you’ll be a lawyer for the rest of your career.

Should you have study partners? I am not a fan of them, myself, but I have changed my mind as I’ve seen many a successful pair that have pushed and pulled each other, with both coming out successfully in the end. I would not advise more than 1 other study partner except on rare occasions. For those who like to study alone, maybe once a few days, studying with someone can help keep you focused. I also think that knowing you are not the only one studying away is helpful to keep up your morale.

California Bar Results Percentage for February 2011 is 42.3%

2011-05-13T18:12:00.000-07:00

The California Bar Exam results for February 2011 are now out. The pass summary rate for the general exam is 42.3%. 4364 people sat for the exam and only 1848 passed. Congratulations to those who passed. Contact barprofessors if you did not pass. We specialize in repeat takers.

The California Bar Exam Results Come Out Today

2011-05-13T09:50:00.000-07:00

The California bar exam results for February 2011 come out today. Good luck everyone!!!

California's Bar Exam Results for February 2011

2011-05-10T09:50:00.000-07:00

California's Bar Exam Results for February 2011 will be released on Friday, May 13, 2011. Good luck to those waiting and, if you are not successful, contact Bar Professors for private tutoring. You can pass!!

The Texas Bar Exam Results for February 2011 is Out

2011-05-05T16:56:00.001-07:00

The Texas Bar Exam results for February 2011 is out. The overall pass rate was 75%. Congrats to all who passed.

MBE or Essays, WhenYou Fail the Bar

2011-05-04T14:11:00.000-07:00

What happens if you only pass one section of the bar but fail the overall bar? Should you sit for that section that you failed or do you take the entire bar exam over again? I think it depends on which section you passed. I will use Florida as my test case. In this possible scenario, say you pass the Florida section but fail the MBE. Should you take the Florida section again to get carry-over points for your MBE score?

I think it depends on what your MBE score is. I usually tell my students that you have to stay competitive in the MBE and let your extra points on the Florida section pull you over the top. It is my experience that many of the students who pass the bar, do not pass the MBE or only has a 1-5 point pass on the MBE. That is why I think doing well on the Florida essays for those extra overage points can help you pass the overall bar, even if you do not pass the MBE.

Here is what I believe about the MBE. I do not think that a repeat taker will do substantially better that they do the first time around. Sure, you might get a few points higher – but if you need to raise your score substantially – i.e. say 7 points or higher, that is a big a mountain to climb.
First, evaluate your scores. Were there subjects that you were just horrible in or were you pretty consistent on each subject? If you were awful in real property, you may, by concentrating on that subject, be able to push your scores up. If you were consistent on each subject, the likelihood of you raising your points by more study is probably not going to happen.

Next, start to re-read your outline book, starting from your weakest subject to your best subject. Then you must again practice, practice, practice. I think commercial review courses will not help at this point. You have learned the most you will learn in your first go around. Listening to 4 hour multistate lectures will not help you.

I also believe that once you fail the bar that you would better spend your money on a private tutor, if a repeater is to spend any more money in the process. It is expensive, but working one on one with a qualified (and I mean qualified) tutor will push you over the finish line. To me, no price is too much to get you to your goal and start your life as a lawyer. A private tutor can help with the subject material, motivate you and keep up your confidence.

What you must decide is whether you think that you can score 7+ points on the MBE alone. Therein lies the dilemma. So the discussion now follows whether you should take the essays again.

Evaluate your essay scores. Did you pass the essays with a large margin? If you did, it’s an easier decision to make – you obviously write well and 3 more essays won’t freak you out. I think that if you sharpen up your writing with some more practice essays, you could get maybe another 5-10 points to bring over to your MBE scores. If you passed with only points to spare, you may not be able to pass another 3 more essays That’s the pros and cons of your situation. You must make the decision for yourself. Of course, it is easier to concentrate on only one section of the bar and if you think you can pull it up over 7+ points then go for the MBE alone. But you want to make sure that your second attempt is your last attempt. So do anything and everything to make that happen.

Don’t do anything rash or rush your decision making. But I would start reviewing the multistate subjects pretty much immediately. Don’t despair, don’t be depressed, but do get busy.

Next time, if you pass the MBE and not the essays, what should you do?

Repeat Bar Takers for Florida and the New York Bar Exam

2011-04-22T17:23:00.000-07:00

BarProfessors is presently providing private tutorial for the Florida Bar Exam starting April 25th only. The New York bar results will be released in mid-May and private tutorial for repeat takers and Asian law students will begin May 24th.

Repeating the Bar

2011-04-12T08:50:00.000-07:00

The time has come when you check the bar examiners website, look up your number and see that you have failed the bar. Shock, disappointment, sadness, angry, embarrassment – you run the gaunlet of emotions. What do you do now?

Spend a little time with your emotions. Get them all out – have yourself a cry, throw your books across the room, but then there comes a time when you pick yourself up, dust yourself off and try again.

You must take the bar exam again - do not take too long to get over your emotions. Have your cry and move on. It’s time to refocus again on the bar. I’ve had students tell me that they have studied the hardest they had ever studied for anything in their lives for their first bar exam. That’s probably true, but that’s why it’s time to examine how your study. Taking the exam again will call for a change in approach, strategy, and preparation for you to pass that final hurdle in fulfilling your dream of becoming a lawyer. The bar exam is not an academic exercise. The bar examiners want to know whether you are prepared to practice law.

Let BarProfessors look at your scores in depth. We will be able to tell you what areas you need to work on, without neglecting the stronger areas of your performance. The analysis of your scores will determine how to prepare a strategy for yourself as your prepare for the next exam.

Don’t do the same thing you did for the first bar you took. Employ a private tutor who can work one on one with you to keep you sharp and motivated and you”ll be on the way to passing the bar. Keep working, don’t despair and good luck.

Please note that BarProfessors provides private tutorial for the Florida, California, Texas and New York July 2011 bar exams. Please go to barprofessors.com or send an e-mail to pass@barprofessors.com

February 2011 Florida Bar Pass Rate by Law School

2011-04-11T11:41:00.000-07:00

Here are the results by Florida law school for the February 2011 bar exam.

University of Florida (31/34) 91.2%
FIU (30/34) 88.2%
Stetson (67/77) 87%
University of Miami (33/38) 86.8%
Nova Southeastern 85.4%
FSU 83.9%
Florida Coastal 81.7%
Non-Florida 79%
Barry 71.9%
St. Thomas 65.9%
FAMU 53.8%
Ava Maria (0/4) 0%
Statewide 79.5%

The Florida Bar Results for February 2011 Are Out Now

2011-04-11T07:15:00.000-07:00

The Florida Bar Results for February 2011 are out now. Check the website for details. Good luck!!

Florida Bar Exam Results for February Will Be Out Today

2011-04-11T05:23:00.000-07:00

The Florida bar exam results for February 2011 will be out today. Stayed tuned to this blog. We will post the results by pass rate and by schools as soon as they are posted. It should be interesting. Good luck to those who are waiting.

BarProfessors will start its classes and tutorial with preregistration soon. Spaces are very limited. When you must pass, BarProfessors will take you over the finish line.

The February 2011 Bar Exam Results for Florida

2011-04-04T14:52:00.001-07:00

The February 2011 bar exam results for Florida will be coming out in exactly a week. The Florida bar examiners have announced that the results will be released on April 11, 2011. Good luck everyone!

The Illinois Bar Exam Results for February 2011 Have Been Released

2011-04-01T15:55:00.000-07:00

The Illinois bar exam results are now up.

Congratulations on passing the bar and a job well done.

To those who failed, keep your chin up; you can pass the next time. Have a good cry and get back to business.

Congratulatons to All Bar Exam Takers

2011-02-24T16:02:00.000-08:00

You are finished!! Congratulations for a job well done. Relax, sleep, play and be totally frivolous this weekend. You deserve it.

Florida Bar Exam Subjects for February 2011

2011-02-22T16:55:00.001-08:00

Here are the Florida Bar Exam Subjects for February 2011:

Florida Const. Law

Family Law/Wills/Real Prop/Const. Law.

Trusts and Professional Responsibility.

Today is the Bar Exam

2011-02-22T04:12:00.001-08:00

The bar exam is today.

Good Luck to all bar exam takers today – our thoughts are with you.

Bar Professors

1 Day Before the Bar Exam: Be Confident in Your Abilities

2011-02-21T18:13:00.000-08:00

You are almost to the finish line. Go to the hotel, read over your mini-outlines today, but relax. Eat sparingly . Make your meals small and light. Take the evening off, watch tv, and go to bed early. You will probably not sleep as well as you would like, but stay in bed and try to just doze if you can. Don’t get up, move around or study your outlines – it will just make you tired during the bar. You will need all of your energy for Tuesday. When you get up on Tuesday, again, eat lightly, but eat something. You’ll need the energy for the morning session.

More importantly, be 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 ahead on Tuesday and kick butt!

Good Luck from Bar Professors!!

The Weekend Before the Bar Exam

2011-02-20T04:03:00.000-08:00

No matter how hard you’ve studied and how many practice exams you’ve taken, once you get to the bar exam, you must let go and be in the moment. This means that you respond to what the bar examiners ask of you and not what you want to tell the bar examiners you know. There is no better way to ensure a poor grade than to ignore what is asked of you. By answering the question, you’ll be showing what you know.

Everything you’ve been doing during your bar review has prepared you for this moment. And, if you’ve prepared properly and you’re willing to surrender to the questions, you’ll find the exam zone. Like a runner’s high, it’s a feeling that there is only the now. It’s where you’re on auto pilot and your training takes over. You’ve connected with whatever it was you were working to achieve; for the athlete, it’s that connection of mind and body that allows for peak performance; for the law student, it’s that command of the material that lets you see the issues in the facts and allows you to write with clarity and cogency. Your thinking and writing come together – it flows because you flow.

Implementing What You’ve Learned

You know exactly what you’re going to do and have practiced sufficiently. As such, the process becomes second nature. On exam day you can let the routine take over and prevent you from freezing up. You’ll be in the exam zone.

In the Moments Before the Exam

Sit calmly and do not think about anything or anyone else while the proctors are handing out the exam materials.

Be alert and listen carefully; you must follow all instructions.

Do not worry about any other part of the exam. Focus solely on what is right in front of you. It requires and demands your full and undivided attention.

When Told to Begin

You want to start smoothly, work efficiently, and above all, remain focused and calm.

Make sure you’ve followed the proctor’s directions for identifying your exam papers.

Write down on scrap paper what you’re afraid you’ll forget. It only takes a few minutes and buys piece of mind.

Scan the essay exams. You may want to get a sense of the general topics before you begin. More than that is not necessary.

Allocating Your Time

Just as you set your clock during practice sessions, do so now.

Using the exact time you were told to begin the exam, set your timetable as you did during practice sessions.

Write down the starting and ending times for each question.

Follow this clock throughout the exam to stay on track.

Keep a Handle on Timing with the MBE

As you know from practicing MBE questions, they are presented in a completely random manner so that both the subject matter and complexity of the question varies from one question to the next. As you work through the exam, keep an eye on your clock to gauge your progress. This should keep you in line.

You have to complete between 16 and 17 questions in a 30 minute period, averaging 33-34 questions every hour to complete the 100 questions in a three hour period; set your clock on the half hour with appropriate milestones.

If You Get Stuck on an MBE Question

You have three options. You can circle the question in your test booklet and return after you’ve completed the entire exam. You can make your best choice and move on. Finally, you can do a combination of both: Make your best choice, but circle the question and if you have time at the end of the exam, you can go back to it.

With only 1.8 minutes per question, there’s only so much time to allow for doubt. There will be questions you just don’t know. Don’t squander precious time that could be spent on questions you can answer.

If You Get Stuck on an Essay Question

If you have forgotten the rule of law or if your mind goes blank, ask “what is the issue”? Focusing on identifying the issue will allow you to regain your composure and lead you back to the process of thinking like a lawyer. Write the issue, whether or not you know the rule at this point. Formulating the issue will get your points from the grader even if you blank out on the rule. Rely on your knowledge of general legal principles and standards to guide you, even if you don’t know each and every element of the rule.

If you can’t figure out the issue, identify the parties and nature of their relationship. For example, if you see a employer/employee you can start thinking of issues like vicarious liability or respondeat superior. Also, identify the places where the facts arose. For example, note whether the events occur in a public area or a private home. Identify acts or omissions, determine defenses and then characterize the relief sought.

Skipping Around on the MBE

Don’t skip around the MBE. Just answer as best as you can and move on. The major problem with skipping around the MBE is the answer sheet. If you skip an answer and then mistakenly mix up the numbers and mismark your answer sheet, your answer sheet will be a disaster. Additionally, you just don’t have the time to pick and choose with only 1.8 minutes per question.

Skipping Around on the Essay Questions

If one question stumps you or is your most hated subject, go ahead and skip around on the essay questions. Just make sure that you answer the questions in the appropriate booklets.

Master Your Anxiety

Pre-exam jitters are absolutely normal and very necessary. You should expect to feel anxious. It’s also useful because the adrenaline rush ensures that you’ll operate at peak performance. The problem occurs when it interferes with your performance. It should subside once you start working.

Take a moment to think about all the work you’ve done to prepare. Be confident in your abilities to have prepared as best you could for the exam.

Begin the exam and work your way through, one question after another. As you move forward, your exam preparation will take over and you’ll soon be thinking of the questions and nothing else.

The Bar Exam Writing Process

2011-02-04T12:19:00.000-08:00

Here is a suggested list that you might want to try as you continue to practice your bar exam essays.

1) Allocate your time for each question and set a timetable on your scrap paper.

2) Scan the entire exam but return to beginning to answer the questions in order, while remaining flexible to answer out of sequence if you need to.

3) When you start to read:

• Begin with the interrogatory at the end of the question;
• Check to see whether it’s a ”single issue, outcome specific” style essay or a more general, “multi-issue” style essay;
• Note any instructions to follow in writing your response

4) On reading the entire question for the first time:

• Read through the fact pattern to get a sense of the problem and the parties
• Return to the end to re-read the interrogatory and set your focus

5) On reading the question for a second time, read “actively” to:• Identify the area of law and the legal relationship between the parties

• Circle amount of money, dates, locations, quantities, and ages
• Note key words as “oral”, “written”, “minor”
• Characterize legal issues in words rather than underlining

6) Outline your answer before writing and

• Articulate an issue for each interrogatory
• Build a rule of law for each issue
• If necessary, chart each rule with the relevant fact(s) for your essay’s application section

7) When writing an essay, follow an IRAC-based analysis and

• Use the whether, when, construction to combine rule with fact when writing the issue
• If appropriate, begin with a conclusion that explicitly answers the question asked
• Consider the rule in terms of context and consequences
• Identify the controlling rule of law with, “under the …..”
• Write a complete paragraph of law by compiling the building blocks for the rule of law by considering

Procedural elements
The general rule
Exceptions to the general rule
Distinctions in the law
Limitations
Defenses

• Follow a hierarchy of concepts by moving from the general to the specific and by defining each legal term of art.
• Introduce your analysis with “here” or “in this case”
• Match each element in your rule of law with a fact using because to link the two
• Conclude and continue to the next issue

Know the Black Letter Law and Test Your Way to Success on the Bar Exam

2011-01-22T13:58:00.000-08:00

In addition to putting in the study time, you need to learn how to maximize your study time. How do you go about getting the biggest bang out of your study time?

First, build a good, solid foundation of the black letter law. In order to have a good foundation, you must review each bar exam subject. Go through each subject, one by one and absorb each subject as best you can. As you go through the subject, make sure you understand the basic law before you move on.

To build a foundation of the law, you need to break the subject areas into more manageable components. Break your subject into topics. And go through the elements of the topics of each subject.

What I mean by that is to take a subject, like Torts. Then break the Tort subject down to topics, i.e. Negligence. Do you know all the elements of negligence? Do you know the elements of battery? You can outline it and/or make sure you know it by heart before you move on. You can do that memorization by reciting it or writing it down without looking at your notes or outlines.

Once you feel you know that topic, do a few essay questions and some MBE on that topic just so you know you have it.

Don’t scatter-shoot your studying. Learn the topic thoroughly before you move on to your next topic in the subject area. Don’t go through the topics of the subject areas all at once, i.e. don’t go through battery, assault, false imprisonment and not know each one by heart. Stop at battery, recite it, do some MBE and then move to assault, and false imprisonment and the other topics of Torts. Do this for every topic in every subject. You do not want to read your subject outlines like a novel.

Read, learn, recite, memorize, test yourself and move on.

The First Week of January – Do You Know Where Your Bar Exam Books Are?

2011-01-03T10:36:00.000-08:00

It’s time for you to start studying for the February Bar Exam now. There are 7 weeks left to the start of the bar. In 7 weeks you will be sitting for the first day of the bar exam – and, as you know, the first day is the state portion of the bar which consists of essays, short answers, multiple choice or performance tests.
In order to pass the bar, you need two things: time-management and discipline. Sticking to a study plan will conquer both requirements. Thorough preparation is the key to passing the exam and having a plan in place will allow you to manage your time and using your discipline to stick to the study schedule. For a plan to work, you have to address your learning style as well as the substantive areas you will be tested on.

What do I mean by learning style? Ask yourself, how do you learn? What worked for you in law school? Some people like reading outlines, some like to do practice questions and then read the answer explanations, some like to do their own outlines, or make up flashcards. You should know the answer to this question by now. How do you best learn or memorize the substantive law? Also, ask yourself, when do you best learn? Know all of that before you write your study plan.

For your study plan, you should first start with relearning and reviewing the outlines with some practice questions thrown in and as you pick up the pace, you’ll reverse it and do more practice questions and essays and only use your outlines for clarification on questions you get wrong or confused about.

In the beginning, you are going to struggle with the voluminous materials, but keep at it and keep pushing the pace. It’s like training for a race. You first have to struggle through the repetition until it starts feeling right and you start performing at your optimal level.

Be realistic with your goals and your study habits. For example, you can’t go throughout the entire day with no lunch or no exercise or no breaks because you were unrealistic in the time aspect of your plan. You have to write a study plan that suits you and your personality without slacking off.

Don’t ignore your weak areas or your strong areas. You may not need to schedule as much time in your stronger subjects, but review them as consistently as you do all the other subjects. You may not need to read or reread the outlines of your strong subjects, but during those time periods, practice your questions. You may need those extra points on the bar. For your weaker subjects, don’t spend too much time obsessing on your lack of knowledge or take away from other subjects you also need to study; and do not ignore your weak subjects. All bar examinees have weak subjects. Again, spend time on those subjects as you would other subjects and just keep practicing. You’ll be surprised at how much you really do know in those weak subjects.

Where should you study? Make sure wherever you go that it is quiet. Turn off the phone, the text messaging, and the internet. This is too important for you and your career to be easily distracted. Let’s face it – none of us what to spend the next 7 weeks in constant study – it’s torture. Just remember this is your career you are talking about. You sacrificed to go to law school, you can sacrifice for the next 7 weeks and you’ll be a lawyer for the rest of your career.

If this is your second or multiple time taking the bar, get a bar tutor now. Don’t fool around hoping you’ll do better the next time. Hire a bar tutor and pass the bar.

Please note that BarProfessors provides private tutorial for the Florida, California, Texas and New York February 2011 bar exams. Please go to barprofessors.com or send an e-mail to pass@barprofessors.com

Hanukkah, Christmas, and New Year Celebrations: Include Your Family in Studying for the February Bar Exam

2010-12-19T15:33:00.000-08:00

You have about 9 weeks to go until the February bar exam. Take a few days off during the holidays to relax your mind and have quality time with those that love you. Take the time off with no guilt attached.

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 parties are not your true friends and do not want you to be successful. Hopefully, you have ejected them from your life for these final 2 months that you are 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 integrate them into your “experience”.

During these weeks of celebration for Hanukkah, Christmas and New Years, 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 to go study. 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 period before the bar exam.

No person is an island. You need your family and friends during this stressful period of bar exam studying. 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. 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 terrific Christmas, Hanukah and New Years. Rest, relax and then get back to work. The February Bar Exam is right around the corner.

Please note that BarProfessors provides private tutorial for the Florida, California, Texas and New York February 2011 bar exams. Please go to barprofessors.com or send an e-mail to pass@barprofessors.com

Repeating the Bar Exam

2010-12-12T16:35:00.000-08:00

The time has come when you check the bar examiners website, look up your number and see that you have failed the bar. Shock, disappointment, sadness, angry, embarassment – you run the gaunlet of emotions. What do you do now?

Spend a little time with your emotions. Get them all out – have yourself a cry, throw your books across the room, but then there comes a time when you pick yourself up, dust yourself off and try again. That will determine what you are made of and that, believe it or not, will determine what kind of lawyer you become. In the future, when you do pass the bar, you”ll bee in the middle of a particularly trying case and everything goes wrong, but your client is depending on you for help. You refocus your energy, dust yourself and your client off, and begin anew.
If you must take the bar exam again, do not take too long to get over your emotions. Have your cry and move on. It’s time to refocus again on the bar. I’ve had students tell me that they have studied the hardest they had ever studied for anything in their lives for their first bar exam. That’s probably true, but that’s why it’s time to examine how your study. Taking the exam again will call for a change in approach, strategy, and preparation for you to pass that final hurdle in fulfilling your dream of becoming a lawyer. The bar exam is not an academic exercise. The bar examiners want to know whether you are prepared to practice law.

Look at your scores in depth. What areas of the law did you not do well in? Were you weak on evidence or real property? What areas of the exam did you not do well in. Was it the essays, performance test or MBE? That’s where you should start in reformulating how you are going to pass the bar. Did you do well in the essay portion or the performance test but not the MBE? The answers to these questions will determine how to prepare a strategy for yourself as your prepare for the next exam. If you are weak in writing essays, practice strategic writing and essay evaluation; if you are weak in MBE. do more practice questions and, more importantly, critique your subject matter comprehension.

Don’t do the same thing you did for the first bar you took. I personally don’t think that re-attending the same bar review course you took previously is going to help you. You need the extra time to really bone up on those weak areas, without, of course, neglecting the stronger areas of your performance. If you need extra help, see about getting a private tutor who can work one on one with you to keep you sharp and motivated and you” be on the way to passing the bar. Keep working, don’t despair and good luck.

Please note that BarProfessors provides private tutorial for the Florida, California, Texas and New York February 2011 bar exams. Please go to barprofessors.com or send an e-mail to pass@barprofessors.com

Why Do Law Students Fail the Bar Exam? How Can I Pass?

2010-12-06T04:49:00.000-08:00

Most law students fail the Bar Exam for three major reasons:

1. They revert back to bad writing habits developed in law school.

Under the pressures of the bar exam, many students revert back to bad habits. These bad habits allowed them to graduate from law school, but will be the kiss of death on the bar. Some of the bad habits include, not organizing your answer, no line by line analysis and not answering the call of the question.

2. Poor Preparation and Time Management.

Many law students start their bar preparation entirely too late, leaving most in a rush mode. For the upcoming February 2011 bar, your preparation should start no later than December 15, 2010. You should allow yourself 5 to 6 hours per day for studying. But more importantly, studying correctly is the key. You need to write and answer many essays and MBE questions. Your answers must be evaluated by a private tutor.

3. They don’t really believe that they will pass

You must have a belief that you will pass. Get rid of all negative thoughts, people and things. You must truly believe that you will pass. You must say this every single day prior to the bar and you must have the confidence to succeed.

Please note that BarProfessors provides private tutorial for the Florida, California, Texas and New York February 2011 bar exams. Please go to barprofessors.com or send an e-mail to pass@barprofessors.com

The Importance of Having a Study Plan for the Bar Exam

2010-12-05T15:12:00.000-08:00

A study plan is imperative to pass a bar exam, whether you are taking it for the first time or you are a repeat bar taker.

Why a study plan? In order to pass the bar, you need two things: time-management and discipline. Sticking to a study plan will conquer both requirements. Thorough preparation is the key to passing the exam and having a plan in place will allow you to manage your time and using your discipline to stick to the study schedule. For a plan to work, you have to address your learning style as well as the substantive areas you will be tested on.

What do I mean by learning style? Ask yourself, how do you learn? What worked for you in law school? Some people like reading outlines, some like to do practice questions and then read the answer explanations, some like to do their own outlines, or make up flashcards. You should know the answer to this question by now. How do you best learn or memorize the substantive law? Also, ask yourself, when do you best learn? . What works for you? Do you like the evening hours to study, do you take frequent breaks. Know all of that before you write your study plan. Also, just prior to the bar, switch over to the bar schedule. Get up early, as if you are taking the bar, and work for those 3 hours as if you are sitting for the bar, break for lunch and do another 3 hour stretch to mimic the bar.

For your study plan, you should first start with relearning and reviewing the outlines with some practice questions thrown in and as you pick up the pace, you’ll reverse it and do more practice questions and essays and only use your outlines for clarification on questions you get wrong or confused about.

Be realistic with your goals and your study habits. For example, you can’t go throughout the entire day with no lunch or no exercise or no breaks because you were unrealistic in the time aspect of your plan. You have to write a study plan that suits you and your personality without slacking off.

Don’t ignore your weak areas or your strong areas. You may not need to schedule as much time in your stronger subjects, but review them as consistently as you do all the other subjects. You may not need to read or reread the outlines of your strong subjects, but during those time periods, practice your questions. You may need those extra points on the bar. For your weaker subjects, do not ignore those subjects. All bar examinees have weak subjects. Spend time on those subjects as you would other subjects and just keep practicing. You’ll be surprised at how much you really do know in those weak subjects.

Where should you study? Again, that depends on your learning style. Can you get work done at home or does the distraction of the television or the computer or the phone make you turn it on? Does studying at your school make you study more or do your fellow students distract you and make you chatter rather than study? Make sure wherever you go that it is quiet. Turn off the phone, the text messaging, and the internet. This is too important for you and your career to be easily distracted. Let’s face it – none of us what to spend the next 6 weeks in constant study – it’s torture. Just remember this is your career you are talking about. You sacrificed to go to law school, you can sacrifice for the two months and you’ll be a lawyer for the rest of your career.

Good luck in your studying.

Please note Bar Professors offers private tutorial for the February Florida, New York, Texas and California 2011 bars. Send inquires to pass@barprofessors.com.

Repeat Bar Takers: Don’t Let the Odds Discourage Your Goal to Pass the Bar Exam

2010-11-25T07:55:00.000-08:00

As a repeat bar taker, you are clearly at a distinct disadvantage for passing your next bar exam.

The pass rate for all repeat takers for the California July 2010 bar was a shocking 22%. In California, 2,478 applicants were repeat takers for July 2010 and only 545 applicants passed. In Texas, only 46% of the second time bar takers passed the July 2010 bar and only 45% of repeat takers in Massachusetts passed in July 20010.

It’s time for all repeat bar takers to start studying now for the February 2011 bar exam. The “key” to passing is obtaining a private tutor. Do not do what you did before – taking a commercial bar course a second time will not help you. Make sure you have a plan in place to ensure your success.

Please note Bar Professors offers private tutorial for the Florida, Texas, New York and California 2011 bar exams. Send inquires to pass@barprofessors.com.

For Repeat Bar Takers and Foreign Lawyers Taking the California and New York Bar Exams

2010-11-23T07:39:00.000-08:00

Bar Professors has expanded its bar review course for repeat takers to California and New York. A special course will be offered to foreign lawyers and/or LLM and ESL students taking the New York and California Bar Exam.

Private tutorials for the 2011 February Bar Exam are extremely limited and you must sign up by December 1, 2010. Classes will be offered in both California and New York starting May 1, 2011 for the July 2011 Bar Exam.

Please email Bar Professors at pass@barprofessors.com for more information.

California Bar Exam Results Pass List by Name for July 2010 Is Now Posted

2010-11-21T06:22:00.000-08:00

The California Bar Exam Results by Name for July 2010 is now posted. The pass list can be found on the California bar examiners website.

Again, congratulations to those who passed.

Bar Professors will now provide tutorial services for California repeat bar takers. Email us at pass@barprofessors.com

California Bar Exam Results for July 2010 By Statistics Are Now Posted

2010-11-19T18:05:00.000-08:00

The State Bar of California's Committee of Bar Examiners reported today that 54.8 percent of the applicants passed the July 2010 General Bar Examination (GBX). If the 4,690 people who passed the July 2010 exam satisfy other requirements for admission, they will become members of the State Bar.

Preliminary statistical analyses show that of the 8,562 applicants who took the GBX, 71.1 percent were first-time takers. The passing rate for 6,084 first-time applicants was 68.0 percent overall. The passing rate for the 2,478 applicants repeating the examination was 22.0 percent overall.

Preliminary statistical analyses show the first-time and repeater percent passing the GBX (rounded to whole numbers) by law school type as follows:

School Type: First-Timers and Repeaters
California ABA: 75% and 31%
Out-of-State ABA: 68% and 25%
California Accredited (but not ABA): 40% and 11%
Unaccredited: Fixed-Facility: 18% and 4%
Unaccredited: Correspondence: 33% and 11%
Unaccredited Distance Learning: 18% and 16%
All Others: 44% and 21%
All Applicants: 68% and 22%

Bar Professors will now provide tutorial services for California repeat bar takers. Email us at pass@barprofessors.com

California Bar Exam Results for July 2010 Are Now Posted

2010-11-19T17:49:00.000-08:00

The California Bar Exam Results for July 2010 are now posted.

Good Luck, everyone!!

The California Bar Exam Results for July 2010 Will Be Posted Today

2010-11-19T04:09:00.000-08:00

Results from the July 2010 California Bar Examination will be mailed to applicants today on Friday, November 19, 2010. Applicants will be able to access the pass list, beginning at 6:00 PM (PST) using their applicant number and file number.

Good Luck!!!

Please note, Bar Professors will now provide California tutorial for repeat bar takers for the Califonria bar exam. Contact us at pass@barprofessors.com

The California Bar Exam Results for July 2010 Will Be Posted

2010-11-18T13:30:00.001-08:00

The California bar exam results for July 2010 are only a day away. The bar exam results will be posted on this site on Friday. Bar Professors will post the statistics as soon as they are posted. Bar Professors will also post the statistics by law school.

Return to this site for results tomorrow.

Bar Professors will now provide tutorial services for California repeat bar takers. Email us at pass@barprofessors.com

How Do I Pass the California Bar Exam As A Repeat Taker? Five Important Keys

2010-11-17T14:17:00.000-08:00

In order to pass the California bar exam as a repeat taker, there are five important keys to implement.

1. Establish a strategy and, more importantly, establish a plan and an approach to the bar exam.
2. Start your studies early. Do not start not two months before the bar.
3. Educate yourself as to the standards of the bar exam and the areas most frequently tested.
4. Practice, practice and practice all questions and answers.
5. Obtain an experienced tutor.

Please note, Bar Professors will provide private tutorial for the February 2011 bar exam for California, Spaces are limited. Email us at pass@barprofessors.com

The California Bar Results for July 2010 will be posted Friday at 6:00 pm PST

2010-11-16T12:57:00.000-08:00

The grand-daddy of them all, the California Bar Exam results for July 2010 will be posted on this site on Friday. Bar Professors will also post by the pass percentage by law school.

Results from the July 2010 California Bar Examination will be mailed to applicants on Friday, November 19, 2010. Applicants will be able to access the pass list, beginning at 6:00 PM (PST) using their applicant number and file number.

Good Luck!!!

Please note, Bar Professors will now provide California tutorial for repeat bar takers for the Califonria bar exam. Contact us at pass@barprofessors.com

New Jersey Bar Exam Results by Candidate Are Now Posted

2010-11-12T18:13:00.000-08:00

The New Jersey bar exam results for July 2010 are now posted by candidates. See the website for the names of those successful candidates.

Congratulations to those who passed.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

New York and New Jersey Bar Exam Results for July 2010 Are Out

2010-11-11T16:19:00.000-08:00

New Jersey released their bar exam results for July 2010. Of the 3321 applicants, 2697 (81.21%) passed. A list of passing candidates by name will be posted on Friday, November 12, 2010, at 10:00 am.

New York also released their bar exam results for July 2010. Of the 11,557 candidates who sat for the NY July 2010 Bar Exam, 70 percent passed,

The graduates of American Bar Association approved law schools taking the bar examination for the first time achieved a passing rate of 86%. The passing rate for all candidates, including U. S. domestic-educated candidates and foreign-educated candidates, first time and repeat takers, was 70%. The number of foreign-educated candidates sitting for the New York bar examination was 2,951 which accounts for 25.5% of all candidates that took the July 2010 examination. The passing rate for all foreign educated candidates who took the examination was 37%.

Congratulations to those who passed.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

Massachusetts and Maryland Bar Exam Results for July 2010 Are Out

2010-11-11T16:15:00.000-08:00

The Maryland bar exam results for July 2010 are now out. The results are listed by exam number on the site.

The Massachusetts bar exam results for July 2010 have also come out.

A total of 2157 applicants sat for the July 2010 bar examination, of whom 1858 (86.1%) passed the exam. There were 1955 first time takers, of whom 1779 (91.0%) passed the exam. 44.8% passed on their second attempt.

Here are the pass rates for first time takers by Law School:

Boston College: 94.2%
Boston University: 96.1%
Harvard: 97.8%
Massachusetts School of Law: 71.6%
New England Law: 93.6%
Northeastern: 88.8%
Suffolk: 82.7%
University of Massachusetts: 88.2%
Western New England: 78.4%

Congratulations to those who passed.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

Texas Bar Bar Exam Results Are Out

2010-11-11T15:19:00.000-08:00

The Texas bar exam results for July 2010 are now out.

Here are the results by law school for First Time Takers and Repeat Takers

BAYLOR 94.64% and 83.33%
ST. MARY'S 79.49% and 47.06%
SOUTH TEXAS 89.02% and 46.67%
S.M.U. 83.00% and 35.00%
T.S.U. 75.76% and 26.19%
U OF HOUSTON 90.39% and 85.71%
U OF TEXAS 92.80% and 66.67%
TEXAS TECH 86.21% and 100.00%
T.W.U. 79.89% and 39.29%
Sub-Total 86.37% and 45.93%

Congratulations to those who passed.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

Ohio, Washington, Michigan, Connecticut, Vermont and Georgia Bar Exams Results Are Out

2010-11-11T15:06:00.000-08:00

Ohio, Washington, Michigan, Connecticut, Vermont and Georgia bar exam results for July 2010 are now out.

Congratulations to those who passed.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

More States Bar Exam Results for July 2010 Are Out

2010-10-12T11:45:00.001-07:00

Colorado, Minnesota, Alabama, Nevada, Delaware, Pennsylvania, Arizona, Tennessee and Kentucky bar exam results for July 2010 are now out.

Congratulations to those who passed.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

Indiana and Illinois Bar Exam Results for July 2010 are Now Out

2010-10-01T18:07:00.001-07:00

Indiana and Illinois Bar Exam Results for the July 2010 Bar Exam are out. Please see their respective websites for names and numbers.

Congratulations to those who passed!!

Should You Appeal Your Bar Exam Score if You Failed the Florida Bar Exam?

2010-09-28T15:15:00.000-07:00

By now you have received your fail letter detailing your bar exam scores. You can look at Part A, the Florida essay and multiple choice and find out your scores, the mean scores and how close you were to passing. You can also look at Part B, the MBE, where the score is broken out by subjects. Again, you need to examine your weak sections.

In Florida, those 2 sections are equally weighed. You can technically fail one and overall pass the Florida bar exam.

You need to know the mean score of both sections. Each essay will have the student score and the mean score as well as the multiple choice student score and mean score. The scores are also adjusted upwards and downwards depending on how hard the essays/multiple choice were. This is where you can see whether you have the probability of success on appeal. Are you close enough to maybe squeeze out a point or two?

Once the appeal process has been started then you can also request a copy of the graded essay for a fee and determine what issues you missed. The fail letter will tell the student how to make the appeal.

The appeals process normally is not successful, but if you are close, it is worth a try to see if you can get a point or two more to be successful.

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

West Virginia and Iowa Bar Exam Results for July 2010 are Out

2010-09-24T16:24:00.000-07:00

West Virginia and Iowa Bar Exam Results for the July 2010 Bar Exam are Out. Please see their respective websites for names and numbers.

Congratulations to those who passed.

July 2010 Florida Bar Exam Results by Law School

2010-09-20T13:15:00.001-07:00

Here are the July 2010 Florida Bar Exam Results by Schools:

U. of Florida 86.8%
U. of Miami 86.0%
Florida State U. 86.2%
Nova Southeastern 80.8%
Florida International 84.2%
Florida Coastal 78.8%
Stetson 78.8%
St. Thomas 78.7%
Barry U. 74.7%
Florida A&M U. 62.5%
Ava Maria 64.0%

Total first timers 79.2%

The July 2010 Florida Bar Results are Now In

2010-09-20T07:49:00.001-07:00

The July 2010 Florida bar exam results are now up on the website.

Scoring the Florida July 2010 Bar Examination: How Do I Pass?

2010-09-18T08:13:00.000-07:00

Grading the Florida Bar Exam

The MBE & Florida sections are weighted equally on the Florida Bar Exam. This is called the “overall method”. (Rule 4-25(a)). A combined weighted score of 136 is required to pass the Florida Bar Exam. It doesn't matter if your score in one section or the other is below the 136 - it's the average score that matters. So basically you can fail the FL or the MBE section and still pass the FL bar exam if your overall score is at least 136.

If you fail one section of the bar and choose to re-take only that one section in the next examination, you must score the 136 points or higher on that section. The Florida Board of Bar Examiners calls this the “individual method”. (Rule 4-25(b)). Your chances of passing are slightly lower than re-taking the entire bar again.
If an applicant attains a passing scaled score on only 1 part and elects to take the overall method of the General Bar Examination as described above, the previous passing status will not be replaced by a failing status if the applicant fails to achieve a passing score on a subsequent submission effort. (Rule 4-25.1).

Each examination paper produced by an applicant on the General Bar Examination will be separately graded. The scores of each section of Part A will be converted to a common scale by a recognized statistical procedure so that each section is equally weighted. The sum of the converted section scores is the total score for Part A. All total scores attained by the applicants on Part A are converted to the same distribution as their Multistate Bar Examination (MBE) scaled scores. MBE scores (Part B) are the scaled scores on the MBE provided by the National Conference of Bar Examiners. Scaled scores are used in order to ensure that the standard of measurement of competence from examination to examination is not affected by the difficulty of the particular test or the ability of that particular group as distinguished from the general population of applicants. Rule 4-26.1

On the Florida portion of the bar, each essay is worth 100 points for a 300 point total. The multiple choice questions are worth 100 points total, so each question is approximately 1 point each. There are usually 10 experimental questions. The average essay score is around 40 points, requiring you to get your remaining points on the multiple choice questions.

Depending on the difficulty of the essay question and the average grade, the Board of Bar Examiners may adjust your score either downward or upward. There is a school of thought that a bar taker should hope for a difficult question so that the average grade is lower – thereby requiring the Bar Examiners to adjust upward. If the essay is an easy one, usually the average score is higher, thus requiring a downward adjustment. The Board does not adjust the multiple choice questions – there are what they are and the point totals do not change.

Florida July 2010 Bar Results On Monday

2010-09-17T11:17:00.000-07:00

View this blog on Monday

The Idaho Bar Exam Results Are Out

2010-09-16T16:29:00.000-07:00

The Bar Exam Results for Idaho are out. The successful applicants are listed on its web site. The pass rate was 81.5%.

Congratulations to all applicants who passed!

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com.

The July 2010 Bar Exam Results for New Mexico, Missouri and Oklahoma Are Out

2010-09-15T14:57:00.000-07:00

The Bar Exam Results for the states below are:

Oklahoma....85% pass rate
Missouri.....87.35% pass rate
New Mexico....88% pass rate

Congratulations to all applicants who passed!

Please note, Bar Professors provide private tutorial for repeat bar takers. Contact us at pass@barprofessors.com

Florida Bar Exam Results for July 2010

2010-09-13T13:09:00.000-07:00

The Florida Bar Exam Results for July 2010 will be posted on this site on September 20, 2010.

Please make a note that Bar Professors will start its early bar prep for the February 2011 bar exam in November 2010. Bar Professors specialize in tutorial preparation and repeat bar takers.

The North Carolina Bar Exam Results are Out

2010-09-01T16:07:00.000-07:00

North Carolina is the first state to release the bar exam results for July 2010. You can see the names of the successful applicants on the Law Examiners website. Congratulations to all those who passed!

North Carolina Bar Results Will be Posted on September 1, 2010

2010-08-31T11:52:00.001-07:00

The North Carolina Board of Law Examiners has announced that the exam results will be released on the web after 12:00 pm on Wednesday, September 1, 2010.

There were 1046 applicants. Good luck and we at Bar Professors hope the news is good

Should the Florida Multiple Choice Be Replaced by 3 More Essays?

2010-08-13T07:47:00.000-07:00

The Florida Multiple Choice subjects were: Criminal and Civil Procedure; Evidence and Business Entities – Partnerships and Corporations.

The problem with the Florida Multiple Choice is that they are not really written well, the bar examiners don't release many questions, the questions are obscure and you either pick the right answer or you don't.

We discussed the MBE, but we heard that the Florida Multiple Choice was really insane. Do you agree?

Should the multiple choice be replaced by 3 more essays? What do you think?

Was the Multistate More Difficult this July?

2010-08-01T19:24:00.000-07:00

I have had many of my students tell me this weekend that the MBE was “insanely” difficult. Do you agree? Please give us your comments. We’ll post our views in the next couple of days.

The Bar Exam Is Over!!!

2010-07-30T11:58:00.000-07:00

Now it's time to relax and have fun!! Take some time off. You deserve it.

Continued Good Luck to Those Who Are Still Taking the Bar Exam

2010-07-29T06:47:00.000-07:00

Keep your spirits up. You are almost to the finish line. Good luck on your final day of the bar exam. You can do this. Good luck on this last day of the bar exam.

Today is the MBE Exam

2010-07-28T04:21:00.000-07:00

The Florida Multiple Choice Subjects Tested for July 2010

2010-07-27T15:31:00.001-07:00

The tested subjects for multiple choice questions for the July 2010 Florida bar exam were:

Criminal and Civil Procedure

Evidence

Business Entities - Partnerships and Corporations

See the prior post for the essay subjects tested:

Constitutional Law, Trusts/Professional Responsibility and Contracts/Real Property

Florida Essay Subjects Tested on the July 2010 Bar Exam

2010-07-27T11:53:00.000-07:00

Here are the Florida essay subjects:

Trusts with a Professional Responsibility

Constitutional Law and Real Property - Ad Volorem Taxes, Homestead, Creditors, Tenants by the Entirety

Contracts, Conveyance of Real Property, Easement, Warranties and Damages.

Today Is the Bar Exam and You Will Begin the Rest of Your Life

2010-07-27T04:29:00.001-07:00

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.

1 Day Until the Bar Exam: Relax and Be Confident

2010-07-26T04:57:00.000-07:00

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 and try to have a quiet, restful day. No upsets and no panic is allowed. Review your essay notes today, get to bed early and relax. Even if you can’t sleep, lay down with the lights off and get some rest.

Wake up early on Tuesday, get to the exam site in plenty of time to get registered and kick the stuffings out this bar. Do well, my friends. You can do this.

2 Days Until the Bar Exam: Good Luck to All

2010-07-25T05:04:00.000-07:00

For those taking the bar exam, good luck to all of you and remember the lessons I gave you in this blog. Come in with a plan, remember your goals and you will be calling yourself an attorney in a few months.

Be confident in your abilities. You have studied hard these past couple of months, you have practiced endlessly, and you know what you need to do. Don’t psych yourself out. You can do this and will do it. Keep your focus and you will do well.

A special shout out to my students. Good luck people – now you know why I was so hard on you and you know that the “Parson Group” believes in you. Good luck to my Pass Florida Program students. – God Bless.

Good Luck to all.

3 Days Before the Bar Exam: Find the Exam Zone

2010-07-24T08:18:00.000-07:00

Being in the Moment

No matter how hard you’ve studied and how many practice exams you’ve taken, once you get to the bar exam, you must let go and be in the moment. This means that you respond to what the bar examiners ask of you and not what you want to tell the bar examiners you know. There is no better way to ensure a poor grade than to ignore what is asked of you. By answering the question, you’ll be showing what you know.

Everything you’ve been doing during your bar review has prepared you for this moment. And, if you’ve prepared properly and you’re willing to surrender to the questions, you’ll find the exam zone. Like a runner’s high, it’s a feeling that there is only the now. It’s where you’re on auto pilot and your training takes over. You’ve connected with whatever it was you were working to achieve; for the athlete, it’s that connection of mind and body that allows for peak performance; for the law student, it’s that command of the material that lets you see the issues in the facts and allows you to write with clarity and cogency. Your thinking and writing come together – it flows because you flow.

Implementing What You’ve Learned

You know exactly what you’re going to do and have practiced sufficiently. As such, the process becomes second nature. On exam day you can let the routine take over and prevent you from freezing up. You’ll be in the exam zone.

In the Moments Before the Exam

Sit calmly and do not think about anything or anyone else while the proctors are handing out the exam materials.

Be alert and listen carefully; you must follow all instructions.

Do not worry about any other part of the exam. Focus solely on what is right in front of you. It requires and demands your full and undivided attention.

When Told to Begin

You want to start smoothly, work efficiently, and above all, remain focused and calm.

Make sure you’ve followed the proctor’s directions for identifying your exam papers.

Write down on scrap paper what you’re afraid you’ll forget. It only takes a few minutes and buys piece of mind.

Scan the essay exams. You may want to get a sense of the general topics before you begin. More than that is not necessary.

Allocating Your Time

Just as you set your clock during practice sessions, do so now.

Using the exact time you were told to begin the exam, set your timetable as you did during practice sessions.

Write down the starting and ending times for each question.
Follow this clock throughout the exam to stay on track.

Keep a Handle on Timing with the MBE

As you know from practicing MBE questions, they are presented in a completely random manner so that both the subject matter and complexity of the question varies from one question to the next. As you work through the exam, keep an eye on your clock to gauge your progress. This should keep you in line.

You have to complete between 16 and 17 questions in a 30 minute period, averaging 33-34 questions every hour to complete the 100 questions in a three hour period; set your clock on the half hour with appropriate milestones.

If You Get Stuck on an MBE Question

You have three options. You can circle the question in your test booklet and return after you’ve completed the entire exam. You can make your best choice and move on. Finally, you can do a combination of both: Make your best choice, but circle the question and if you have time at the end of the exam, you can go back to it.
With only 1.8 minutes per question, there’s only so much time to allow for doubt. There will be questions you just don’t know. Don’t squander precious time that could be spent on questions you can answer.

If You Get Stuck on an Essay Question

If you have forgotten the rule of law or if your mind goes blank, ask “what is the issue”? Focusing on identifying the issue will allow you to regain your composure and lead you back to the process of thinking like a lawyer. Write the issue, whether or not you know the rule at this point. Formulating the issue will get your points from the grader even if you blank out on the rule. Rely on your knowledge of general legal principles and standards to guide you, even if you don’t know each and every element of the rule.

If you can’t figure out the issue, identify the parties and nature of their relationship. For example, if you see a employer/employee you can start thinking of issues like vicarious liability or respondeat superior. Also, identify the places where the facts arose. For example, note whether the events occur in a public area or a private home. Identify acts or omissions, determine defenses and then characterize the relief sought.

Skipping Around on the MBE

Don’t skip around the MBE. Just answer as best as you can and move on. The major problem with skipping around the MBE is the answer sheet. If you skip an answer and then mistakenly mix up the numbers and mismark your answer sheet, your answer sheet will be a disaster. Additionally, you just don’t have the time to pick and choose with only 1.8 minutes per question.

Skipping Around on the Essay Questions

If one question stumps you or is your most hated subject, go ahead and skip around on the essay questions. Just make sure that you answer the questions in the appropriate booklets.

Master Your Anxiety

Pre-exam jitters are absolutely normal and very necessary. You should expect to feel anxious. It’s also useful because the adrenaline rush ensures that you’ll operate at peak performance. The problem occurs when it interferes with your performance. It should subside once you start working.

Take a moment to think about all the work you’ve done to prepare. Be confident in your abilities to have prepared as best you could for the exam.

Begin the exam and work your way through, one question after another. As you move forward, your exam preparation will take over and you’ll soon be thinking of the questions and nothing else.

4 days until the bar exam: Powering Down This Weekend

2010-07-23T11:48:00.000-07:00

5 Days Until the Bar Exam: Blueprint for the Taking the California Performance Test

2010-07-22T11:26:00.000-07:00

I’ve had a number of questions about the California performance tests. Here is an Outline for taking the California PT and the MPT.

Review the Instructions

1. Skim the paragraphs to check the requirements. There is an instruction sheet on the back of every MPT. Read it during your preparation so as not to waste precious time on the exam.
2. Verify the jurisdiction paragraph to know what is mandatory as opposed to what is merely persuasive authority. You must know the court structure before you read the cases so you can determine what is mandatory and what is merely persuasive authority.

Scan the Table of Contents

1. Identify the general area of law. From the listings in the Library, you can often determine the general subject area and use it to inform the rest of your reading. Don’t freak out if the subject area is unfamiliar to you. You’ll be given all the relevant law you need to solve the problem.
2. Determine whether it’s a statutory or common law problem

Read the Task Memo Carefully and Completely

1. Identify the issue you’re asked to resolve. Are there sub-issues? The Task Memo reveals the precise issue you’re asked to resolve. Read these paragraphs two or three times to be certain you have identified the issue. It’s usually in the last 2 paragraphs of the memo. Write the issue on your scratch paper so that you remain focused as you proceed. Be careful not to change or vary the language of the question.
2. Read the directions carefully. You may be asked to identify additional facts. Also, note any exclusions.
3. Identify your specific assignment by noting the precise nature of the task: memo, persuasive brief, client letter, contract provision, etc. Identify your 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.
4. Identify your audience – is it a lawyer or layperson?
5. Note any exclusions. Sometimes you are told not to consider a specific issue. Your job is not to discuss it.

Review the Instruction Memo

1. The bar examiners include this memo if they think you need guidance in completing the assigned task.
2. Note for a particular format or structure required for your answer. The memo provides guidelines for opinion letters, persuasive briefs, memos, etc. telling you exactly what to include and sometimes what not to include.
3. If a brief is required, make sure you need to include a statement of facts, a jurisdictional statement or persuasive subject headings. The Instruction Memo will advise whether your persuasive brief requires a statement of facts or not. A persuasive brief might require a factual statement while a trial brief might not.
4. Are there specific examples/models to follow.

Read the Library

1. Although the first part of the exam booklet is the File, you’re going to begin with the Library. Reading the law first informs your subsequent reading of the File. If you read the File first, with its various excerpts from depositions, client communications and attorney notes, it would be very difficult to sift the relevant from the irrelevant information. It would not be possible to know which fact were “relevant” until you knew the law and how the cases in your jurisdictions have interpreted that law. While reading the Library first does not guarantee you won’t have to review it again, it will make your subsequent reading of the File meaningful and immediately productive.
2. Read the cases first. Often, they will explain the statutes that are also in your file, thus saving some time.
3. For each case read the earliest case first and proceed chronologically; verify the jurisdiction to determine whether it is mandatory or persuasive authority for your problem; skim the facts to get a sense of story; identify the statement of the rule including determining if it is element-based or if you need to synthesize the rule from the cases or if it is a multi-part test formulated by the court; note any footnotes.
4. Adapt the rule in the cases to form your outline. Use the elements, the prongs of a rule or the components of a statute to form the roman numerals of your outline. A general outline is then in place as you read the rest of the Library. Add to and refine your understanding of the rule as well as add any exceptions or limitations to the rule as you read the other materials in the Library.
5. Be sure to leave adequate space under each section of your outline so you can add the appropriate facts when you read the File.

Read the File

1. After reading the Library and outlining the rule, you’re ready to read the File and add the relevant facts to the appropriate places in your outline. Use your outline of the issues and rules to keep focused.
2. Write your issue above your rule outline. By reading the File with the issue clearly in place, you can more easily identify the legally relevant facts from the sea of material in front of you. As you proceed, add the critical facts to the appropriate part of your outline.
3. Characterize the legal relationship of the parties
4. Identify the relevant facts based on your knowledge of the law from the library.
5. Add these facts to the appropriate sections of your rule outline.

Begin to Write Your Answer

1. Review the Task memo and make sure your outline incorporated or accounted for each required issue; note the relevant facts; cite applicable legal authority; account for how the law and facts support your theory; and if appropriate, cite contrary authority and distinguish it.
2. Review the Instruction Memo quickly to verify your task format and its required components

Write the Required Response

1. 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. Here is where you get your points. Don’t waste time by reciting the facts or providing needless background information.
2. Answer the question that was asked of you
3. Adopt the tone and format required for the task
4. Write persuasive subject headings including stating the legal conclusion you want the court to reach and the factual basis on which it can do so; write each point heading as a conclusory statement combining the law with the relevant facts; and write in a coherent, logical and persuasive thesis sentence.
5. Gove adequate treatment to the cases in the Library.
6. Avoid copying passages from cases or statutes.
7. Make the relevant arguments on how the law and the facts support your theory
8. Make sure the contrary authority has been cited and distinguished.
9. Cite to the appropriate authorities for statements of the rule.

6 Days Until the Bar Exam: Analyzing the Answer Choices of the Multistate Questions for the Bar Exam

2010-07-21T04:40:00.000-07:00

It is important to recognize that analysis of the answer choices deserves as much of your time and attention as the fact pattern or story. Perhaps, this analysis deserves more.

There is a 4 step process to analyzing the answer choices for the MBE. I’ll take two on today and two tomorrow.

Identify the Issue in Each Answer Choice

Not only is there an “issue” in the fact pattern, but there is an “issue” in each answer choice. It’s more of a legal theory that’s operating in each of the answer choices and unless you figure out the individual theories, you won’t be able to distinguish between the answer choices. Only the issue that addresses and answers the one presented in the fact pattern can be the correct answer choice.

If necessary, Use “the Process of Elimination”

Sometimes, despite all you best efforts to work through a question according the your process, you may find that the only way to arrive at an answer choice is through the process of elimination. The bar examiners are particularly adept at hiding the ball by expressing the correct answer in a way that’s less than obvious.
In these cases, you’ll have to examine each of the answer choices and eliminate those that can’t possibly be correct. You’ve already learned how to eliminate an incorrect answer choice based on whether its legal theory addresses the issue in the fact pattern. Now you’ll learn some other common devices for eliminating incorrect answer choices.

When can’t an answer choice be correct?

When it’s Not Completely Correct

The first rule for eliminating incorrect answer choices is that an answer choice must be entirely correct or it is wrong. For example, suppose an answer choice recites a correct statement of the rule of law but its application to the facts in the problem is flawed. Or vice versa: perhaps the answer choice is factually correct but cites an inapplicable rule. In each case, the answer choice is incorrect and can be eliminated. Don’t be misled simply because the statement is partially correct.

When It Misstates or Misapplies a Rule of Law

Here’s where solid preparation on learning the black letter law is essential. You need to know the law to distinguish between answer choices that misstate or misapply the law.

Some common examples include the following:

• Answer choices that improperly identify the requisite elements of a crime or tort by either overstating or understanding the necessary elements.
• Answer choices that rely on inapplicable principles of law.
•

o For example, since the MBE has adopted Article 9 of the UCC, you must be sure to apply its principles to questions involving transactions in goods. If you apply a common law rule to resolve the issue, you’ll reach the wrong result and you can be sure it’s one of the answer choices purposely included to distract you.

o The MBE requires that Evidence questions be answered according to the Federal Rules.

• Answer choices that rely on the minority rule instead of the majority rule
•

o The rule to be applied on the MBE is the majority rule, not the minority. It no longer matters what your Contracts or Torts professor argued “should” be the prevailing view; what counts on the MBE is the modern, prevailing view. Learn it and apply it unless directed otherwise.

When the Answer Choice Mischaracterizes the Facts

Once again, active reading skills will go far in detecting this type of error. Look for contradictions between the facts in the story and the facts as characterized in the answer choice. Such an answer choice cannot be correct. Nor can an answer choice that requires you to make assumptions that go beyond the facts in the fact pattern. While it’s often necessary to make reasonable inferences, you should never have to add facts to arrive at the correct answer choice. If the bar examiners want you to consider additional or different facts, they will provide them.

1 Week Until the Bar Exam: Stay the Course

2010-07-20T08:10:00.000-07:00

Your goal for this last week is to stay the course 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 stay the course personally and professionally.

This is not the time to start a diet, relationship or hobby or end one. It is also not the time to dramatically change study habits. Those who cram are going to want to start a “24/7” scorched earth policy of learning everything at all hours, but remember, this exam is just like a big athletic contest and you want to stick to your carefully construction training regime.

This is the time you put out your “do not disturb” sign, even for relatives and close friends. If they don’t get it, then they are not acting in your best interest. Other bar takers may turn into toxic, needy people the week before the exam as well, so beware. It is not uncommon for your loved ones to express their own frustrations over your studying, so if need be, take a hotel room for a week or tell them they can vent in one more week. Whatever problems you’re encountering short of a medical crisis, stay focused on the bar exam. Don’t let anyone or anything distract you. It’s not worth it.

Take care of your body and mind. This means eating well, getting some sleep and working on self-confidence. If this means listening to your favorite music or watching some funny videos, go for it. A little laughter and inspirational music can go a long way.

As to practical things, make sure you have confirmed your hotel reservation, that you have packed what you need to take with you, including your admission ticket, your identification, your watch, etc.

Whatever it is you’ve been doing the past couple of weeks, keep it up. Stick with what you know, confirm you knowledge and reinstall your confidence in the material. As to the bar exam itself, make sure you have taken at least one or two simulated exams.

• Make sure your timing was within range for the MBE, MPT and the essay questions.
• Make sure your scores are within range to pass

If you simulate a portion of the exam, make sure you are able to

• Complete 17 MBE questions in 30 minutes; 34 MBE questions in an hour
• Complete an essay in the time allotted for your jurisdiction
• Complete an MPT in 90 minutes

Practice MBE questions in random order instead of one subject at a time.

Review subjects covered earlier in the bar review period to keep them fresh in your mind.

Now that your bar review course has ended, increase your study time and direct most of your additional time to practice questions.

It isn’t uncommon to start running out of fuel about a week before the exam. So take some breaks to energize yourself, but whatever you do, don’t start working on alternative projects around the house or pick up a novel to relax. You need to keep your mind focused on bar material. Don’t get wrapped up in anything but the bar exam. Your focus is critical.

Analyzing the Answer Choices of the Multistate Questions for the Bar Exam

2010-07-19T14:05:00.000-07:00

For the MBE, here is a checklist to help you choose the right answer.

Watch out for “Because,” “If,” and “unless”

Just when you thought it safe to answer a question, leave it to the bar examiners to muddy the waters with a single word. With a single, well-placed word such as because, if or unless, they’re able to transform the entire meaning of a sentence. Be very careful.

While doable, dealing with because, if and unless takes practice. It also takes active and careful reading. A modifier – whether it’s because, if, unless or some equivalent - is used in the answer choice to connect the conclusion with the reasoning in support of that conclusion.

Working with because

On the MBE, because is the predominant modifier and the simplest to master. Because statements are relatively straightforward. Simply ensure that the reasoning supports the conclusion both on a factual and legal basis. If either is incorrect, then the entire answer choice is incorrect and can be eliminated.

In addition to because, remember to look for words that act like because in answer choices such as since and as. These words are synonyms and serve the same function as because. Your analysis will be the same.

Working with if

Unlike because, when if is the answer choice modifier, you need determine only whether the reasoning could support the conclusion. It need not always be true, but only possible under the facts in the hypothetical. Be alert to possible if synonyms: as long as, and so long as. Remember, if is a conditional word and words of conditions will be the trigger in such instances.

Working with unless

In its own way, unless is as restrictive as because. For an unless answer choice to be correct, it must present the only circumstance under which the conclusion cannot happen. If you can conceive of even one other way the result could occur, then the answer choice cannot be correct.

If You Must Guess, Do So With a Strategy

While it sounds like an oxymoron to guess with a strategy, it’s true nonetheless. You’ve absolutely nothing to lose by guessing since there are no penalties for incorrect answers on the MBE. Even if you can narrow the odds only slightly, you’ve got a decent shot at making a correct selection.

Eliminate all the obviously incorrect answer choices

Usually you can safely eliminate one or even two responses as incorrect. Now that you’ve narrowed the field a bit, even if it’s a little bit, you’re ready to make the most of some informed guesses.

Dismiss answer choices that address other principles or unrelated rules of law

Of course the bar examiners won’t be so obvious as to include evidence principles in answer choices for contracts questions, but they will include common law rules in Article 2 sales problems and cite standards for negligence when strict liability is at issue.

Similarly, be alert to answer choices that seem to be from the applicable body of law but really are not. Such distracters are common in cross-over areas where the distinctions between subjects are blurred and somewhat artificial. For example, problems in criminal procedure may contain answer choices that draw on rules from constitutional law and evidence.

Do not be quick to dismiss all such cross-overs. Remember, contracts for the sale of land, while topically in property law, still require application of contract principles. Also, breach of warranty, while a traditional contract claim, is often asserted in products liability actions.

Find your compass – the issue

When in doubt anywhere on the bar exam – the essays, the MPT or the MBE – remember that the legal issue is your guide. It allows you to distinguish between relevant and irrelevant rules and facts, thus providing the single most effective answer choice eliminator.

Re-read the question and focus solely on finding the issue in the fact pattern. Then identify the issue in each of the answer choices. One answer should be responsive to the issue in the fact pattern.

Be wary of words which speak in absolutes

Assuming that the issue is disguised, then you still need to distinguish between answer choices. In this case, carefully consider statements that include such words as always, never and must. No doubt you’ve learned as a first year law student that there are few if any certainties in the law. For practically every rule, there is an exception, if not two or three.

Use this knowledge wisely and be wary of answer choices which include words of certainty. If you can think of just one instance where it wouldn’t be true, then the statement can’t possibly be your best choice and you can safely eliminate it.

Finally, after you’ve given it your best shot, move on

With only 1.8 minutes per question, there’s only so much time to allow for doubt. No matter how well you’ve prepared, there are bound to be questions that present difficulty. Just don’t dwell on them or you’ll squander precious time that could be spent on questions you can answer.

MBE Question Worksheet for the Bar Exam

2010-07-17T19:39:00.000-07:00

As you practice your approach to the MBE, you might want to use this MBE Question Worksheet to track your reasoning process until it becomes second nature.

1) What is the Subject Area?

2) What is Happening?

3) Isolate the Legally Relevant Facts

4) Steps of Analysis:

A. What is the Legal Issue?
B. What Rule of Law Addresses this Issue?
C. What Should be the Outcome?

5) Identify the Issue in Each Answer Choice:

A. What is the Issue in Answer Choice A?
B. What is the Issue in Answer Choice B?
C. What is the Issue in Answer Choice C?
D. What is the Issue in Answer Choice D?

6) What Answer Choice Best Corresponds to My Answer

2 Weeks to the Bar Exam: Practice Makes a Passing Score

2010-07-13T13:05:00.000-07:00

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 now need to do in these final 2 weeks to prepare yourself for the bar exam is to practice, practice, practice and do more practice tests. You want to become some familiar with your state test and the MBE that you can almost do it in your sleep.

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. If your state is Florida, do a series of 1 hour essays, including subjects like property, torts, constitutional law, family law, trusts and the other subjects Florida likes to test. If you are from a state that does 30 minute tests, do 3 or 4 a day. Once you finish your essay under time constraints, 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 like California who have performance tests, you also must include taking the time to do the performance test also. In California, your performance tests take 3 hours, so your practice sessions will be much time intensive. Try doing 1 performance test every other day. This way you can probably get 7 or 8 performance tests in practice 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 prepare 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 take the time to panic, but do take the time to practice. You will be more prepared than you think possible if you follow this schedule.

The MBE – How You Get a Passing Score

2010-07-10T17:25:00.000-07:00

The Multistate Examination is hard. You have to have a game plan when you go into the exam. Here are some suggestions:

Reading a Question

Because of time constraints, you will have time for only one reading of the fact pattern. However, don’t make the mistake of sacrificing a careful reading for a quick one. Do not read the fact pattern as a novel. As you know, one of the major changes of the multistate is that there will be one fact pattern for one question.

You must read carefully and actively to spot signal words and legally significant facts. Pay attention to the bar examiners’ particular use of language and look for the following as you read:

1) Relationships between parties that signal the area of law and legal duties: landlord/tenant, employer/employee, principal/agent, buyer/seller;
2) Amounts of money, dates quantities and ages;
3) Words such as “oral” and “written,” “reasonable” and “unreasonable,” among others;
4) Words that indicate the actor’s state of mind. These are crucial for Criminal Law and Tort questions. Look for such language as:
• Intended
• Decided
• Mistakenly thought
• Deliberately
• Reasonably believed

Since you may write in the test booklet, circle or highlight these words and others which “legally” characterize the behavior of the actors.

Never Assume Facts

The bar examiners carefully construct MBE questions to contain all the facts you need to answer the question. You must rely solely on these facts and no others, to answer the question. Of course you may draw reasonable inferences from the facts but you cannot fabricate your own or create “what if” scenarios.

Don’t go off on tangents based on possible theories you see raised in the facts. Sometimes when you read a fact pattern, you’ll see the potential for a number of possible causes of action. In such instances, you must refrain from anticipating what the bar examiners will ask by moving forward on your own and formulating responses based on what you think might be asked. This is one of the reasons you have to read the call of the question before you read the fact pattern – to keep from going astray. This is just as dangerous as misreading or adding facts.

Stick to the Law

You must apply the rule of law to the facts without hesitation or equivocation. You cannot get emotionally involved with the parties or substitute your instincts for what you know is legally correct. Don’t think someone is guilty when the call of the question say he is not. That is not what the question is asking you.

Do not consider what you think would happen if you were in actual practice. This isn’t real, this is the bar exam. The bar exam is no time to worry about the great divide between theory and practice – simply apply the rule of law as you’ve learned it to answer the questions and you’ll do fine.

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

2010-07-03T07:47:00.000-07:00

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 these 2 months that you are 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. Almost 3 weeks before the bar, 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 weekend, 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.

Essay Writing for the Bar Exam: Organization and Analysis

2010-06-26T16:22:00.000-07:00

In order to write a successful essay answer you must learn to organize your answer as your analyze the fact pattern.

Organizational Analysis

Look first to the call of the question for a method as to how your answer should be organized. If the call of the question or the interrogatory as it is called in California, use one of these methods of organization:

1) Organize Around Parties

If there are more than two parties, organize your answer on a party versus party basis.

For example, A v. B; C v. D; E v. F.

2) Organize Around Transactions or Events

If there are only two parties, use the different transactions or events as your method of organization.

For example, suppose you are presented with a Property fact pattern which involves only two parties, Buyer and Seller. You cannot organize your answer around the parties’ relationship because that would give you only one center of discussion. Instead, your answer should be organized around the various transactions or events which may give rise to a contractual relationship or a property-issue relationship.

3) Organize Around Theories of Law

If there are only two parties and there is only one transaction or event occurring between them, you should organize your answer around the pertinent theories of law.
For example, suppose you are presented with a landlord tenant fact pattern involving only two parties, landlord and tenant. Suppose further that there was only one act directed by the Landlord to the Tenant but that one act gives rise to a number of potential issues. Your analysis should be centered around these different issues with which Tenant might have against the Landlord.

Analysis

This is where you make the skeleton outline you have prepared, as part of your organizational analysis and “flesh it out” by figuring out what the fight is all about. This is done by identifying the appropriate checklist for the subject and running the checklist through your mind to determine what the problem is. At this point you separate the major issues from the minor issues and the non-issues.
Look back to the fact pattern for facts which should be used for applying the law and solving the problem.

Then, start writing your analysis, with the organizational approach you chose.

Strategies for the California Performance Test and the Multistate Performance Tests

2010-06-22T12:37:00.000-07:00

The California Performance Test and the Multistate Performance Test (the MPT) is designed to test your proficiency in the basic skills you’ve developed in the course of your legal education and not just your ability to memorize. The goal of the MPT is to test an applicant’s ability to use fundamental lawyering skills in a realistic situation. It seeks to evaluate your ability to complete a task which a beginning lawyer should be able to accomplish.

In most jurisdictions, you’ll have 90 minutes to read through 15 to 25 pages, analyze the problem, outline an answer, and write a response. In California, you’ll see one long MPT for 3 hours. Thus, the MPT is a test of your ability to work within time constraints and remain focused and organized.

The MPT tests the following:

1) Reading Comprehension

You must read proactively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class. You must read carefully and quickly, while you search for useful information and answers to the particular issue you’ve been asked to resolve.

2) Organizational Skills

You must organize your time and the materials effectively to complete the required task in the time allowed. The MPT is extremely time-sensitive. You must analyze an assortment of unfamiliar materials and compose either a memorandum of law, a letter to a client, a persuasive brief, a contract provision, a will, a settlement proposal, a discovery plan, or a closing argument, to list but a few of the possibilities.

3) Communication Skills

You must write concisely, coherently, and in a tone and manner consistent with the nature of the assignment. You must demonstrate your mastery of the language of the law and convince the bar examination that you “sound” like an attorney ready to begin the practice of law.

4) Ability to Follow Directions

The MPT is task-specific. You must perform the task identified to receive credit. If you are instructed to write a letter to the client, do that. Do not do a brief or a memo; write the letter. Show the bar examiners that you can read and follow directions.

The Performance Test: California and Multistate PTs

2010-06-19T16:15:00.000-07:00

The California Performance Test and the Multistate Performance Test simulates the experiences of a new attorney.

You’ll be given a client “File” and asked to complete what would be considered a typical assignment for a first year associate. Most likely, you’ll be asked to write a legal memorandum or persuasive brief, although it is possible to be asked to draft interrogatories, a will provision or a closing argument. Although you may not have performed all of these types of tasks during law school, the bar examiners expect you to be able to follow their instruction memo and rely on your basic legal training to complete the assignment.

Each task is designed to test your legal skills such as fact analysis, fact gathering, legal analysis and reasoning, problem solving and ethical issue problems.

The Components of the CPT and the MPT

The File

Here you’ll find the factual information about your case in the form of:

• Excerpts from deposition testimony
• Client correspondence
• Police reports and medical records
• Invoices and purchase orders
• Witness interviews
• Contract provisions, a lease, or a will.

While the File contains all the facts you need to know about your problem, it also contains irrelevant information just as in real life where your client will volunteer much more information than you actually need. The File will include irrelevant or ambiguous information, unreliable and conflicting witness testimony and inconsistent statements.

The “Task” Memo

This is the first memorandum in the File and the single most important piece of paper in the File. It introduces your problem and identifies your task. Your job is to answer the questions presented in the memo and perform the assigned task as precisely as possible.

The Instruction Memo

If the bar examiners think you need guidance in completing your task, they’ll include a second memo in the File. This memo will tell you exactly what to include in your answer. Sometimes the examiners tell you what not to include in your answer.

The Library

The Library contains all the legal authorities you’ll need to complete the assigned task. They are the only legal authorities you may use to solve the problem.

The Library may consist of:

• Statues, codes and commentaries
• Constitutional provisions and regulations
• Rules of professional conduct
• Cases
• Secondary sources such as Reinstatement provisions

The cases may be actual cases, modified cases, or cases written specifically for the exam. The rules also may be actual rules or rules written specifically for the exam. Even if you think you are familiar with a rule or a case from law school, you must still read all the material in the Library. You cannot assume that the material has not been modified.

Your Study Plan for the Bar

2010-06-08T15:37:00.000-07:00

The Memorial Day Weekend – A Turning Point for the July 2010 Bar Exam

2010-05-29T17:00:00.000-07:00

This Memorial Day weekend you will have a little less than 2 months to go until the July bar exam. This Memorial Day marks a turning point in your July 2010 bar exam studies. For those taking commercial bar exam courses, you are now settling into your routine. For those who are retaking the exam, you should be in a routine of your own. Hopefully, you have now determined that it will take great time and effort to be successful on the bar. Get into a rhythm with your studies. The next 2 months will determine how the rest of your life will be. Pass the bar in July and your life will fall into line.

Have a terrific weekend, take a few hours off and then get back to work. The July Bar Exam is right around the corner.

For those persons needing help in passing the bar for the July bar, Bar Professors offers bar exam tutorials. Please contact bar professors at pass@barprofessors.com or visit our website at barprofessors.com.

Free Florida Bar Exam Seminar in Orlando and Miami for Repeat Florida Bar Takers

2010-05-01T18:00:00.000-07:00

Bar Professors will conduct and sponsor a free Florida Bar Exam Lecture on “How to Pass The Florida Bar Exam.” Repeat takers are encouraged to attend this seminar in early June. A question and answer session will be offered.

Spaces are extremely limited and advanced registration is required. Please go to BarProfessors.com and fill out the contact sheet designating Orlando or Miami. You can also e-mail us at pass@barprofessors.com.

Maine’s Bar Exam Results Are Out

2010-04-30T13:35:00.001-07:00

Maine’s Bar Exam Results for February 2010 are now out. The names of the successful applicants are on its website. Maine has not posted its pass rate, yet.