Wednesday, June 24, 2009

Managing Credit Card Debt in California

Since many (if not most) law school students or J.D.'s (or attorneys) are saddled with student loans, I thought that the following information would be topical:

California Dept of Consumer Affairs presented a 3 hour Web cast on managing credit card debt.

Download their Consumer Connections Special Issue on Credit Card debt.

http://www.dca.ca.gov/

The DCA also had representatives from two non-profit credit card counseling agencies and one credit union - See links on my sidebar under "Managing Credit Card Debt."

Thursday, June 18, 2009

The Power of Intention

This morning, I awakened early to continue to pack my belongings and to furtively clean my apartment in anticipation of a "walk-through." On one hand, since I will be renting a room from a friend, I am happy to embrace our friendship, share stories and laundry detergent. But, I have been dreading the process of moving - most of my belongings are packed, and the rest are slated for storage - still, more packing must be done and then there is the need to rent a truck, organize a crew, and unload my belongings at a storage facility. It has taken much self-talk to push myself to do this. On the other hand, downsizing, selling my belongings, living lean is freeing.

Last evening, I began to watch Dr. Dyer's "Power of Intention" on PBS (see sidebar). I've always found him motivating. After watching his message, I felt connected to something greater than myself. I am not religious. I suppose that I would call myself loosely spiritual. I listened to his message again, this morning, while I was scouring the bathtub, cleaning out the refrigerator, and packing more boxes.

If I changed my attitude and believed that everything that I want (that is good, and just and fair) will come to me, perhaps this is what will occur. And, what occurred after changing my attitude is so unusual that I have decided to write to you - the anonymous and silent reader - about it.

Having an injury, I have been working with a yoga practitioner. Last week I informed her that due to “economic circumstances,” I can no longer afford to practice with her. She has been instrumental in my healing and I regret not being able to take her classes. But, this morning she called me and offered me a trade - my marketing services for yoga classes – and I accepted.

And, the cable company reduced my internet costs by 50%, so necessary to my business.

I sent out a list of belongings for sale to my friends and sold them within an hour.

And, a friend graciously volunteered to help me move (when I was afraid to ask).

And, a former employer volunteered to write a letter of recommendation (and I never approached her with this request.)

It occurred to me that we - as bar exam takers - should approach the bar exam with the intention to SUCCEED at passing the exam, replacing our old self-talk which expressed fear about our own abilities, and dread about actually taking the exam, with JOY. Yes, the JOY that comes with passing…The pure joy that comes with securing a license to practice the law.

For another part of Dyer's message that resonated with me is that we have a purpose to life, a purpose to serve. And, it is this purpose that drives me (not money, or power or fame) to want to be an attorney. (I am still an idealist, even though I am also a beaten down corporate escapee who knows the ways of the business world.)

And, to serve, I shall commit myself to ENJOY the process of studying the law again with the intent to PASS the California bar exam (when I take it in Feb. 2010). And, I believe that the power of my intention together with my commitment to study for the exam with a better understanding about how to meet the standards of the bar examiners, will see me with my license in hand next June 2010.

I look forward to walking down the aisle to be sworn in, and maybe, just maybe, I'll walk down another aisle carrying Calla lilies and dressed in a femme fatale satin wedding dress. Did I mention that I was single? :)

Saturday, June 13, 2009

There's No Such Word as Can't

Growing up, I remember saying to my Mom or Dad, "I can't do it! I just can't!"

I would be admonished, "There's no such word as CAN'T in our vocabularly. You CAN do it."

And, this would usually result in my parent's bringing out the book, "The Little Red Engine." For those of you who have not read this book, it's about a little red railroad engine whose job it became to bring toys over a mountain to the waiting children on the other side. No other engines were available and it had only been BIG engines that were assigned this important duty.

So, the story goes, the little engine hooked itself up to the waiting railroad cars filled with toys and he began to pull the cars up the mountain, but it was V-E-R-Y HARD to do. The engine wasn't strong enough. So he puffed, and he pulled, and he began to slowly move those cars all the way saying, "I think I can. I think I can. I think I can DO IT!" And, as he gathered steam, he struggled, and he pulled, and he DID pull those cars over the mountain to the children on the other side.

There was a recent post about the word, "Failure," on another blog post about the bar exam. The author does not like the word. This stimulated me to think about the Little Red Engine that Could.

It's takes this same determination to study for and take the bar exam until one passes as it took the Little Red Engine to climb the mountain. There are numerous instances of people who have been seemingly undaunted in their effort to climb over that mountain. From a woman, Paula, who passed the exam on her 14th try to the man whom legend has it passed the exam on his 43rd try. Doing a preliminary examination of my BAR SURVEY RESULTS, there have been some who have passed the exam on their 2nd, 3rd, and 4th or better try. To do this, these exam takers had the grit, determination and desire to pass the exam and to become an attorney and nothing was going to stop them! Certainly, not one little ol' bar exam.

So, for those of you who are studying for the July 2009 bar exam, you CAN climb over the mountain. Keep focused, keep practicing, and know that you CAN do anything.

P.S. We have 40 people who have taken my Bar Exam Survey (and lots of tips from them) and 15 people who have taken my MBE Survey.

NOTE: The California Bar Exam survey will be removed from this blog by end of day, Friday, June 19, 2009.

I'll publish the survey results on this blog, once each survey has 35 or more respondents, so don't be shy, make your opinion known!

CALIFORNIA Bar Exam Survey

Click Here to take survey

MBE Survey

Click Here to take survey

Sunday, June 7, 2009

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!"

Please click below to take my survey on your Cal Bar exam experience:

Click Here to take survey

Friday, June 5, 2009

Passing the MPRE

The MPRE exam is Friday, August 7, 2009 and I will be one of those few people who took the bar exam who still need to take the MPRE.

Although from a scan of blogs about the MPRE, the test is considered either easy to "tricky" according to a Harvard Law blog, no multiple choice test for me is without challenge. In fact, according to my high school supervisor, I was told that I was "too dumb to go to college." Although I was on the Dean's List, my ACT scores were abysmal. Perhaps, however, I should thank this woman since after crying, I decided that she was wrong, emphatically wrong. So, go to college I did, and graduate school, too. But, I know that multiple choice questions are still my biggest weakness.

Someone wrote a comment on my blog and provided tips about studying for the MBE's. This commentator said that each day s/he did 25 MBE's and "journaled" the questions that s/he missed. S/he reviewed this journal regularly to ensure that, on a 2nd or 3rd pass, that s/he was able to correctly answer these questions. I've decided to apply this exam preparation strategy to studying for the MPRE. In November, when exam results are issued, I'll have first-hand evidence about how this strategy worked for me.

I've also discovered that there is a book called, "Strategies and Tactics for the MPRE," a companion book to the MBE test taking strategy book which was the ONE book highly recommended by survey takers. (See sidebar.)

And, for those of you who would quickly like to share your MPRE exam experience, please click here to take my survey:

Click Here to take survey

A list of MPRE resources can be found on the sidebar of my blog.

Thursday, June 4, 2009

Solo Paralegal

About one year ago, after leaving my corporate profession, I had to learn how to package my legal skills on a resume. The resume format for a potential lawyer is different than that of an M.B.A. so it took some getting used to. After working with some career counselors from my law school, I "field tested" my resume with practicing attorneys and recruiters and then set out on a path to seek employment as a paralegal.

About two months into this process, and after applying to many paralegal positions, I received two responses during the same day.

One of the interviews was solely on the telephone and it began like this...

"Have you ever done electronic filings in federal court?"

"No."

"Have you ever set aside a default judgment?"

"No."

"Have you ever written a motion to modify child visitation?"

"No."

(I was wondering when he'd ask, "Well, then, what good are you?")

I had to beg off the interview since it was unscheduled and I was enroute to another interview at that time.

After the other interview, I called the attorney back and said, "I've never set aside a default judgment, but, I'll write your motion for free. If you like my work, we can talk a business deal."

"For free?" he asked, skeptically.

"Yes, for free."

"OK. I have to have the motion by Sunday night." (Note, it was Friday afternoon!)

Little did I know that when I returned home, my in-box was exploding with client files. I printed the 150 pages of paper, sat down with expresso (!) and began reading.

By the wee hours on Saturday, I wondered what I had signed up for. But, I headed off to the law library to do research and carried cases home for later consumption.

I realized mid-way that the statute of limitations had expired, and there was only a slim chance that we would overturn the default.

But, twenty hours later, I had a persuasive argument and sent my final motion to the attorney.

I waited expectantly (sort of like waiting for bar exam results) and with butterflies in my stomach.

"I changed four words," he said. He filed the motion that Monday morning.

And, we won the case.

It occurred to me that it is this same entrepreneurial thinking and drive that will help me pass the bar, next time. I can't wait to create a post entitled, "Solo Practitioner hangs out shingle" but I am very grateful for this first opportunity as a solo paralegal in my virtual office. I have gained valuable experience through this apprenticeship, experience that will help my clients when I am a licensed attorney.

Wednesday, June 3, 2009

Living Lean

Today, rather than wax poetic as I am want to do (and after having smelled the flowers), it is time to get down to basics. It has been nearly one year since leaving my corporate career. Since then I have written various briefs, motions and complaints -- I have the satisfaction of being instrumental in winning these cases with my research and writing skills. I even sat in court with a Bench/Bar panel and assisted in settling a case, all as a paralegal for a supervising, licensed attorney. But, this position does not pay a living wage, and my legal marketing position pays even less. Today I must again resume the pace in my search for positions as a paralegal. (See Job Search Links on my sidebar.)

By end of month, I am moving from a funky little apartment to a small room in a friend's house which I will be renting. Nearly all of my belongings will be put in storage. My computer, printer, bar exam books, a bookshelf and futon will be coming with me. My lifestyle will be similar to the lifestyle that I lived when I was an undergraduate - I occupied a room in a women's boarding house in a university town. I remember being so poor, at that time, that one week all I ate was oatmeal and cinnammon bread and tea.

In some ways, paring down and beginning again is a freeing experience. Yet, it is also frightening. I am no longer in my 20's and I am wondering when my life will turn a corner, again, along that path that I've chosen. I remain hopeful that it will.

Tuesday, June 2, 2009

The Fox and I














If you look beneath the tree, you'll see the fox hidden among the grasses, almost imperceptible. I am reminded of "The Little Prince" by Antoine de Saint-Exupery.

It was then that the fox appeared.

"Good morning" said the fox.

"Good morning" the little prince responded politely although when he turned around he saw nothing.

"I am right here" the voice said, "under the apple tree."

"Who are you?" asked the little prince, and added, "You are very pretty to look at."

"I am a fox," the fox said.

"Come and play with me," proposed the little prince, "I am so unhappy."

"I cannot play with you," the fox said, "I am not tamed."

"Ah please excuse me," said the little prince. But after some thought, he added, "What does that mean---'tame'?"

"It is an act too often neglected," said the fox. "It means to establish ties."

"To establish ties?"

"Just that," said the fox. "To me, you are still nothing more than a little boy who is just like a hundred thousand other little boys. And I have no need of you. And you, on your part, have no need of me. To you I am nothing more than a fox like a hundred thousand other foxes. But if you tame me, then we shall need each other. To me, you will be unique in all the world. To you, I shall be unique in all the world. . ."

The Prince, after taming the fox, learned a great secret...

In memory of Reinhold, May 26, 1948 to Nov. 16, 2006.