What Went Wrong?

Yesterday, a friend of mine who took the Feb. 2009 Californa Bar exam called me and asked, "What went wrong?"

Although I hit a high point on my written scores (70), I also hit some lows (50). I, too, wondered what went wrong. And, after feeling like I so missed the mark, rubbing my face in my wounds (so to speak) wasn't something that I was ready to do. But, then my friend called and said, "My essays are good, no, they are great!" And, he read his answer and the model answer, issue by issue, and I had to agree. His essay was great! So, then, what went wrong?

Having done copious study of the blogs and their commentary, of the "repeaters" group on Yahoo, and being privy to an interview with bar graders, I have gleaned some insights. This bar exam experience which I spent a small fortune on and a significant investment of my time, and which ended in failure, has become a focal point in my life. So, what exactly went wrong?

Given my research, I had some suggestions to share with my friend (and which I will apply to my own essay results) and these included the following:

1. Print out the "model" answer from the State Bar web site. Compare, issue by issue, your exam essay to the model answers. Did you hit every issue? Which issues did you fail to include?

2. Check out the model answers written by various bar tutors/review courses and available through THE RECORDER. See Links on the sidebar - Cal Bar Exam.

3. Provide your answers to a private tutor or to Bargarders.com to have a professional diagnose your answers. (I am not affliated with bargarders but I have heard good things about their service.) You need to know, specifically, what went wrong.

4. I've recapped an interview with some former bar graders. See below:

HOW DOES THE BAR GRADER PROCESS WORK?

Fourteen graders per subject
Bar graders are not experts in the subject
Individual bar graders write their own analysis to each essay and provide it to the state bar
One week later, the graders come together to share their independent analysis
They determine the minimally competent answer
This process occurs after the bar examination has been given
The bar graders select a sample of blue books and grade the books
Then the bar graders determine the templated answer

See link on sidebar - Cal Bar Grading Process

WHAT ARE THE EXAM SCORES?

Scores range from 45 to 90
Scores of 80 and above are rare
Scores are assigned in 5 point increments
The minimum passing score is 65 statistically; however, an average essay passing score is 62

WHAT MAKES A PASSING ANSWER?

IRAC
Developed analysis related to the facts in the essay
Application of each of the facts to the rule of law
Don’t simply recite the facts but use them to drive your analysis
Logical organization of your analysis
Know the black letter rule cold
BarBri’s Conviser is great source for the rules; 90% of the essays cite these rules. When rules are cited from other sources, it may cause the grader to stop and rethink the rule.

HOW MUCH TIME IS SPENT ON EACH BLUE BOOK?

The average is 3 minutes

WHEN DOES RE-READ OCCUR?

When the total overall score is between 1390 and 1440

WHAT ARE COMMON MISTAKES BAR GRADERS FIND ON EXAMS?

The issue is found
The rule is cited
The conclusion is provided
But there is no analysis

Legal theories are collapsed in one discussion
Regurgitation of the facts without analysis

ARE ISSUES WEIGHTED EQUALLY?

No, there are major and minor issues. If you’ve missed a major issue or if you failed to devote much analysis to a major issue, this will negatively impact your grade.

WHAT'S THE BEST WAY TO PREPARE FOR THE ESSAY ANALYSIS?

Practice writing as many essays as you can for every bar tested subject under timed conditions. Get written feedback on your practice exams from an objective source.

After recapping this interview, I mused...

Couldn't something still go wrong? I experienced this in law school where the professor added the scores incorrectly and when the registar actually posted the wrong grade! While the process seems judicious, don't the bar graders also make mistakes?

As I have collected these various and sundry insights, I am also continuing to interview private tutors whom I think might work best for me. My starting point, however, will be MBE's, since gaining points in this area is a skill that does not come naturally to me and will be significantly more difficult for me to improve. In September, I will concentrate on preparing for the written portion of the bar exam in combination with shorter focus on MBE's to keep my skills sharp.

In February 2010, I should have a much better understanding about what it takes to win this game and an attitude that crys, "GAME ON!"

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