On a Wing and a Prayer



Car in Snow - Looking forward to the Sun!

 Well, I shall be traveling to California on a wing and a prayer, looking forward to returning to the Golden State.

Car is mostly packed, a few more items to go, along with my Maine Coon cat who will probably inform me that he is NOT looking forward to the long soujorn across the southern route.

But I shall enjoy the beautiful scenery. . .and the quiet reflection...punctuated by bar review lectures emanating from an I-POD. . .

July 2010 Essay Answers Now Posted by Cal Bar

Please see link on the sidebar of this blog.  The "Recorders" answers don't seem to be published yet, but look for their answers in your local library.  While the model answer published by the bar examiners is an actual student answer and provides guidance as to what type of answer the examiners are seeking, the Recorder's answer is well-grounded in the law and is usually a model that one should strive for.  Compare the three answers and use this self-analysis, if one is a repeater, to diagnose your own results.

Repeaters should receive their essay exams and PT's this week.
Also, if you are, like me, cash-poor, you may want to see if your essay answers are saleable to BarEssays.  See link on sidebar under California Bar Exam Links.

Story-Teller Keeping it Real

Well, dear readers, after a whirlwind trip to California, and 40,000 frequent flyer miles cashed in to secure new employment, I had three interviews in the Bay area on Tuesday.  One interview was with a law firm as a Legal Secretary/Paralegal/Supervisor rolled into one.  Making it up to Senior Partner, I was told, "You aren't secretarial," and "I'd know the person I'd like to hire when I see her/him."  So, knowing this, I informed the partner that his processes were flawed and that he was seeking to make his procedures more seamless to reduce the mistakes made by his employees, mistakes that were costing the firm too much attorney time.  I offered to work as a business consultant; if he liked my work after three months, we could talk an employment relationship.  He seemed intrigued, as he had obviously baited me. 

The next "interview" was not arranged.  A character of an attorney is seeking a law clerk and my experiences "appealed" to him.  A fan of the Grateful Dead, I think this attorney and I could work together as a team.  No benefits but great experience for an aggressive attorney with heart.  We will re-connect upon my return to California.

The final cap on my day was not an interview, per se, but a qualifying examination for a court-related position.  Great benefits and an opportunity to learn the court system from the inside out.

So, yes, one can get experience in the law after law school but it takes determination, guts, and stick-to-it-tiveness.  What sets me apart from other candidates is my legal research and writing.  Writing, you see, comes naturally to me and is a skill that I crafted in college when my manuscripts afforded me the ability to enter a fiction-writing program.  And, it is this need to write -- to express -- that blossomed into a blog about my trials and tribulations related to the California Bar exam.

We will see if this mad-dash trip to California and back parlays into a job. . .Now, on to spending the holidays with family, completing my work here in Illinois, and readying my car for the long-trip home to the Golden State.

Getting a Job with a J.D. and No Law License

I've been asked to expound on the subject of securing gainful employment in the Golden State.  My nuggets of wisdom are simple and they originate from my career as a corporate manager, a manager who hired and supervised a team of employees as large as 35 and as small as a team of 6 people. I applied my experience to my job search strategy, but I also realized that a resume of an MBA does not work in the legal arena.  In business, one may leave out certain "elements" on one's resume to get one's foot in the door and explain these elements at the interview.  So, perhaps one would leave off an undergraduate education which reveals one's age.  But, I have been advised against this on my legal resume.  So, in the two years since graduating from law school, I have done the following:

1. I visited my law school career center to gain advice on re-crafting my resume for the legal arena and to seek advice as to how to become employed
2. Because I had limited legal experience, I was advised to place my education first and foremost on page 1 of my resume, together with any honors and dean's list achievements
3. I divided my resume into "Legal Experience" and "Business Experience," placing business experience on the second page
4. As I gained experience in the Legal arena, I moved my education to the second page, at the end, to better highlight my legal skills
5. I gained experience by working for free.  I volunteered at a legal aide clinic for 9-months, while doing contract work.  This turned into a special commendation from the clinic for my work.
6. I began my own business doing legal research and writing, on a contract basis.
7. I posted ads in local law libraries concerning my services.
8. And printed business cards with my business name, and title "Paralegal/J.D./M.B.A."
9. And I invested in a FAX line, 3-way printer (scanner/fax/copy machine), and some judicial form software
10. Finally, I attended a paralegal certificate program to remarket my skills as a paralegal and to gain practical legal training.

Two months out of law school (and laid off during a corporate reorganization), I had secured a volunteer position.  I began sending out my resume to law school postings and had an interview for a paralegal position with a lawyer who was handling a capital murder criminal defense trial and another lawyer, a solo practitioner, who was desperate for help.  When asked by the criminal defense lawyer if criminal law was my passion, I answered honestly, "No."  Reflecting back, I would have answered differently today and replied that the law was my passion, and that I would work passionately toward the client's defense. 

As it related to the solo, I said, "I have no experience.  I'm fresh out of law school.  But, I will set-aside your default judgment for free.  If you like my work, we can cut a deal."

There was a dead silence on the phone. 

"For free?"

"Yes."

When I returned home, the solo had sent 150 pages of client files to me.  It was Friday night and the motion had to be filed on Monday.  After reading the files, I realized that the two defendants stood little chance of winning.  But, I set about doing the research and I found a loophole in the law.

I called the lawyer and shared my opinion of his case and the angle that I wanted to argue.  He agreed.  By Sunday night, after conferring with the solo and his clients, I had the motion written.  I called the solo and said, "Your motion is on the way.  I'm going to yoga.  Don't call me for a few hours."

When I returned home from yoga, the solo called. "I changed four words in your motion and will file it on Monday."  We won the case for one of the two defendants a week later.

The following week, the attorney retained me as an independent contractor at a fair market rate.

After gaining experience with the solo, including a winning respondent's brief for the California Court of Appeals, I parlayed this and the volunteer experience into more opportunities.  I've worked for as little as $15.00 per hour and for as much as $40.00 per hour.  And, I've done administrative jobs and jobs where I've performed as an Associate at minimum rates. 

As for seeking out opportunities, on a daily basis, I review my job agents on various web sites like careerbuilder, etc., and I review Craig's list.  I maintain social media web sites to carefully market my skills, but set the privacy levels high.  And, I found one job via facebook which, despite its founder being Time's Man of the Year, I find ominous.  The networking I do there is limited as I have read many cases about job applicants being denied a job because of facebook postings.

Today, I am rich in legal experience and my cupboards are bare. Had I passed the California Bar Exam, which I now know is within my reach, I would have set up a solo practice while doing contract work as an attorney.  In the interim, I shall continue to parlay my legal experience into new opportunities while I continue to craft my exam-taking abilities.  For as it relates to the exam, its a game - part skill, part luck - mostly skill.  Play the game to win by understanding the game itself.  Here's to winning the game and to restocking my cupboards, for the journey to becoming an attorney has been at a great expense.

Inner Workings of Congress & The Power to Tax and Spend

I watched, with baited breath, the inner workings of the Senate and the House on CPSAN, this week, after Obama and Clinton pushed the tax cut deal which also extended unemployment compensation paid for by the federal government by 53-weeks.  And, I breathed a sigh of relief. 

But, observing the inner workings of Congress lead me to wonder which of the enumerated powers Congress used to extend unemployment benefits.  Ah, you will say, "You should know that!"  And, you would be correct.

Under Art. I, section 8, clause 1:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, [Power to Tax & Spend] to pay the Debts and provide for the common Defence and general Welfare of the United States [General Welfare Clause]; but all Duties, Imposts and Excises shall be uniform throughout the United States," after which enumerated powers follow.

But unemployment compensation, challenged in the U.S.Supreme Court, is part of the Social Security Act, and decided by Justice Cardozo in 1937

"who wrote the opinions in Helvering vs. Davis and Steward Machine...he made clear the Court's view on the scope of the government's spending authority...Arguing that the unemployment compensation program provided for the general welfare, Cardozo observed: ". . .there is need to remind ourselves of facts as to the problem of unemployment that are now matters of common knowledge. . .the roll of the unemployed, itself formidable enough, was only a partial roll of the destitute or needy. The fact developed quickly that the states were unable to give the requisite relief. The problem had become national in area and dimensions. There was need of help from the nation if the people were not to starve. It is too late today for the argument to be heard with tolerance that in a crisis so extreme the use of the moneys of the nation to relieve the unemployed and their dependents is a use for any purpose [other] than the promotion of the general welfare."


And finally, he extended the reasoning to the old-age insurance program: "The purge of nation-wide calamity that began in 1929 has taught us many lessons. . . Spreading from state to state, unemployment is an ill not particular but general, which may be checked, if Congress so determines, by the resources of the nation. . . But the ill is all one or at least not greatly different whether men are thrown out of work because there is no longer work to do or because the disabilities of age make them incapable of doing it. Rescue becomes necessary irrespective of the cause. The hope behind this statute is to save men and women from the rigors of the poor house as well as from the haunting fear that such a lot awaits them when journey's end is near."

These excerpts are quoted from Social Security online - see link below.

http://www.ssa.gov/history/court.html

Eloquent words from a brilliant Justice, words that are so fitting today.

I am elated that Congress did the right thing this week for the poor and middle class.  Tax extensions to the wealthy was a hard pill to swallow, but compromise was necessary to save 2 Million unemployed from the poor house, and another many millions from the same fate in the first quarter of 2011.  It's time for Congress to end the bickering and to work together, like adults, like business people for the good of the American people.  I am glad that they matured to this position.

Musings

What is it about passing the California Bar exam that drives people to literally "go for broke," people like Paulina Bandy, people like me?  I've pondered this question a great deal during the past few weeks, having learned that I, and for the second time, did not receive passing scores on the July 2010 exam. Until I received my scores, I spent a few weeks in deep depression, wondering if I would ever be able to "come out to the other side," into a life with rainbows, a life of normalcy. . .

And, when I did receive my scores, I was elated!  I soared over my February 2009 results, shocking not only myself but my tutor and law school Dean.  My scores were so close to passing that it makes me believe that I CAN succeed at passing the California bar exam.

Since arriving in Illinois, I discovered another bar to achieving gainful employment.  What law firm or corporate legal department values a gal with training in California law?  Moreover, there seems to be a stigma against Californians.

But, now life has gotten in the way, or has it?

Yesterday, on my way to Court, my front tire went flat. I called Roadside Assistance to change the tire, and found a family run business to fix my tire. It's good that this happened "at home," rather than on the road. I've scheduled a 21-point oil change next week with this family; they've pledged to take good care of my car to help point me in a westerly direction.


I have a 2,300 mile cross-country trip planned along U.S. Hwy 40, from Illinois to California, and enough money saved for gas.  But, I have to scrape more together for tolls, hotels and food.

I have a place to live, in the short-term, with an attorney friend and mentor, upon my return.

And, I have been invited to take a written exam for a court-related position in California next week, and will possibly interview with a law firm the same day.  I cashed in my frequent flyer miles to do a trip to San Francisco and back so that I could spend the holidays with my ailing mother and Dog.  I'll be staying with a friend in the City, and taking public transportation to get around.

My study partner, also within spitting distance of passing, signed up for the Feb. 2011 bar exam, but he has gone "underground."  He needs me; frankly I need him, too.  For, in between shredding papers amassed in Illinois, and further minimizing my belongings, I have now reviewed various subjects in preparation to retake the exam.  A cousin has agreed to pay the admission fee, and I have contract work lined up upon my return to the Golden State.

And a cross-country drive currently scheduled for 12/27.

True to plan, I am studying the subjects for the Bar exam in the following order:  1) Torts, 2) Criminal Law & Procedure, 3) Evidence, 4) Contracts & Sales, 5) Con Law, 6) Real Property, 7) Civ Pro, 8) PR, 9) Community Property, 10) Wills & Trusts, 11) Business Associations and Agency, and 12) Remedies.  Of course, I will review California Evidence and Civ Pro, too. 

A friend of mine shared his IPOD with me to listen to lectures, and I am using Bar Passer's visual summary charts (see their link under California Bar Exam) to hand-record my notes.  I already have transcribed PMBR lectures which I find helpful for most, but not all, of the subjects.

Finally, I am using PMBR questions from the 6-day course to practice for the MBE (33 questions per day) and continuing to journal, but I am refining my recordation of the "trigger facts."  PMBR, while highly criticized by many, is refining my knowledge of the black letter law and its application.  "Application" is the operative word.

It's going to be a long journey home to the Golden State, accompanied by a lecturer hammering out the subjects . . .

Pray that Congress passes the federal extension to unemployment.  I am one of the 2 Million unemployed who has been aggressively seeking work.  I am operating on thin margins, and no longer have a safety net. . .

Ah, but life is an adventure, no?  And, I am a gusty gal.

Federal Judge Strikes Down Mandatory Health Insurance - Lesson in Constitutional Law

http://www.cbsnews.com/8301-504383_162-5328314-504383.html?tag=dsGoogleModule

The constitutional arguments relate to the Commerce Clause and to the enumerated legislative power to tax and spend.  Read more about this issue by clicking on the link above.

Nice issue for the bar examiners to include on an upcoming essay?

Cameras Installed in UniSex Bathroom & Invasion of Privacy

In studying for the bar exam, I like to bring in real life examples to my studies to help me remember the rules.  This process really works, too, for having gone through my first sobriety check in California, and having researched the constitutional allowances for the same, when it came to the Crim Law/Crim Pro essay on the July 2010 bar exam which involved a pedestrian checkpoint, I was able to call up the rules for sobriety checks and make some modifications.  If it had not been for this real-world experience, I would not have been able to write the essay, for check points were not part of my bar study material.  (By the way, I made it through the check point!)

Now, talk about Invasion of Privacy!  INTRUSION ON SECLUSION!  A bar in Chico, California installed cameras in its unisex bathroom where their customers would have a "reasonable expectation of privacy."

• Act of prying or intruding upon P’s affairs or seclusion of the P by the D
• The intrusion must be something that would be objectionable to a reasonable person
• The intrusion must be about something private to the P

Read all about it via the link below - the news made CNN HLN this morning!

 

http://www.chicoer.com/fromthenewspaper/ci_16824701 

Reverse Engineering - It Worked!

I am living in Illinois and earnestly trying to return to the Golden State.  I feel stranded in the Midwest, and, although this was my childhood home, I left the state for a reason and I did not look back.  The mistake that I made was returning here, but, then, there has been the benefit of helping my fine artist mother and her canine friend, Dog, and renewing a relationship with my many cousins, cousins who share a strong Swedish heritage with me. (It is strange to see the Swedish flag flying in the front yard, just below that of the U.S. stars and stripes, but, then, my grandparents immigrated to Chicago from Sweden.  My cousin's house is replete with carved, wooden Swedish horses.  There's pickled herring in the refrigerator, and sardines in the cupboard.  And, I suspect that Swedish sausage will be cooked for Christmas, to be sipped down with a cup of hot glog.)  But, I deviate from what you want to know...

Because I am having my mail forwarded from a P.O. Box in California, I just received my Bar Exam score report.  I cautiously opened the envelope, waves of nausea suddenly appeared.  But, I ripped through the envelope anyway and read my score with shock (the same shock that I had when I first looked at my computer screen in 2009).  I had to look several times before screaming in delight, for I came so close to passing the exam that just a few more correct MBE questions would have pushed me over the edge.

MY PERFORMANCE:

My scores:  I scored as high as 75 on the essays and as high as 70 on the PT's.  Two of my essays were weak - Business Associations and Community Property.

I scored only 3 points higher on the MBE's, than on the Feb. 2009 bar exam, despite MBE journalling described below, and achievement of 60% to 70% on simulated MBE exams.  MBE's are my Achilles heel and not because I don't know the black letter rules.  My mind, under timed conditions, is not naturally attuned to multiple choice questions and never has been.  MBE journalling did not work for me, although it did allow me to easily recite the rules on the essays.

REVERSE ENGINEERING - HOW TO:

1. I listened to PMBR lectures for the core MBE subjects and transcribed my notes, so my listening was "active."

2. After reviewing one subject, I took 33 MBE's for that subject under timed conditions and analyzed my results, transcribing "trigger facts" with the black letter rules.  I have one 3-ring binder with all the core subjects, the black letter rules and trigger facts logically grouped.

3. I had copies of 10 years of California Bar Essays for each of the bar tested subjects.  I read and outlined one essay under timed conditions. And, I wrote one essay under timed conditions.  I read the State Bar model answers and the model answers in The Recorder.  If there were model answers in Adachi's Bar Breaker book, Bar Bri's essay book, Fleming's essay books, or other resources, I also read these.

I developed a Table of Contents of essays for each bar tested subject and developed my own master templates of the answers that the bar examiners expected.

And, what the bar examiners expect is a FORMULAIC TEMPLATE.  They expect an IRAC formula.  Begin with the a) Issue, b) state the Rule, c) weave the Elements and the Facts together in an analysis, and d) Conclude. 

At the end of my studies, I had three big essay books filled with actual bar essays, model answers, my outlines or essays, and answers from The Recorder.

At the end of my studies, I had written 37 essays, and outlined 77.  This method really worked!

AT THE ACTUAL EXAM:

1. Even before reading essays and outlining, I set my manual watch to 12:00.  The very first note that I made was the time allotted to each essay.  I kept regular watch on my time to ensure that I hit all issues and did not run out of time.

2. I quickly scanned each essay for difficulty.  I wrote the exam that was of medium difficulty first to "oil the machines."  Then, I wrote the exam that was most difficult next to ensure that I did not run out of time.  I wrote the easiest exam last.

3. When writing the essays on the actual exam, I budgeted 10 minutes per essay on developing an outline. I read the essay exam, highlighted the key facts, and then did my outline. ONLY after outlining the essay issues and matching facts, did I begin to write the essay exam.

4. At the end of the Torts essay, I could not remember the black letter rule for kidnapping.  I didn't panic.  I made up the rule and wrote my analysis around my own rule.  I received a passing score, despite this made-up rule.


WHAT DID NOT WORK:

I did 2,200 MBE's under timed conditions, and analyzed each failing question, faithfully recording the answer in my MBE journal.  I also did 3 full, simulated MBE exams.  While journalling helped me to learn the black letter rules, it did not overcome my testing difficulties with these questions.

I used Bar Bri questions, Finz and Strategies & Tactics.  I found that Strategies & Tactics was extremely helpful and, after reading this book, and doing every question, I improved my simulated scores. 

My bar study partner has the same issues as I do.  He used MicroMash and his MBE scores improved so significantly, that he received unexpectedly high results.

WHAT I PLAN TO DO:

1. Retake the exam, if life does not get in the way (e.g. money, place to live, time to study, etc.)

2. Use MicroMash or Adaptibar to prepare for the MBE section of the exam (if money falls from trees.)

FINALLY, forget extensive study of outlines.  Listen to a lecture, or read an outline, and then PRACTICE as many MBE's and ESSAY exams as possible before the exam.

LEARN what the examiners are looking for - this is how to play the game.

NET, NET, passing the California Bar Exam is doable. It takes hard work, dedication to the task, and singular focus.  YOU CAN DO THIS!

See links to the State Bar essay exams and to the model answers from The Recorder on the sidebar to this blog.

Viewpoint: State Bar Falls Short in Protecting the Public

Interesting opinion published in The Recorder - See Link Below.

Nice review for the PR essay which you can count on being tested on the California Bar exam.  An excerpt, which is instructive, follows:

"The end result is a disaster for ordinary members of the public who use legal services. The current proposal, among many other things:


• Allows lawyers one "free" act of incompetence before a lawyer may be disciplined, even if the mistake is egregious.

• Doesn't prohibit "unreasonable" fees, but only fees that are "unconscionable," a much narrower standard, unlike the ABA and our own legislative State Bar Act.

• Limits the definition of incompetence by focusing on a lawyer's skill and knowledge, while ignoring lawyers' duties to diligently pay attention to their cases.

• Allows lawyers to modify fee agreements with their clients, even at the last second, removing protections that are part of the current California rules.

• Refuses to adopt several ABA rules that say lawyers may not: purposely delay litigation or embarrass others (Rules 3.2 and 4.4(a)); keep it secret from the other side if they receive documents that they know were not intended for them (Rule 4.4(b)); and — believe it or not — lie and misrepresent to others (Rule 4.1). "

http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202475341666&src=EMC-Email&et=editorial&bu=The%20Recorder&pt=The%20Recorder%20News%20Alert&cn=20101129&kw=Viewpoint%3A%20State%20Bar%20Falls%20Short%20in%20Protecting%20the%20Public&slreturn=1&hbxlogin=1#

July 2010 Essay Answers Posted by Cal Bar

on December 17, 2010.

For those studying for the Feb. 2011 bar exam, be sure to add reviewing these essays and model answers to your review material.

4th Amend. Searches - Constitutional Viability

Great hypo for the bar exam - 4th amendment search constitutionally viable within 100 miles of a border or an international "port."  New airline regulations...body scanners and pat downs.

http://rockrivertimes.com/2010/11/17/national-opt-out-day-set-for-nov-24/

Gnashing of Teeth

It's taken a gnashing of teeth, a few tears, and a numbing disbelief to learn that I have now joined the ranks of a two-time repeater.

So, to my fellow repeaters, now that I've had a glass of brandy and picked myself up off the floor, I'm committed to retrying next July 2011, after I've recouped my considerable financial losses.

And, to those friends, fellow bloggers, and readers of my blog, if you've passed this **** exam, Congratulations!  And, if you did not pass, try, try again.

Good Luck on November 19, 2010!

To my friends, to my study partner, to my fellow bloggers, may you receive news on November 19th that you passed the July 2010 California bar exam...

That all your hard work to understand the law...

To memorize the black letter rules...

To write and/or outline bar exam essays...

That your sleepless nights...

And, you vast expenditures...

See your dreams come to fruition.

I hope that we all will be able to join the ranks of licensed California attorneys and, if not, that we have the fortitude, family support, and money to do it all over again for what good is life if we cannot achieve our hard-won goals?  (I like to live life with purpose.)

Here's to achievement of our purpose, one that we set out long ago when we embarked on the long journey that was law school. . .

To be advocates for our clients...

To be defenders of justice for all.

8th Amendment and California Bar Exam

Rather than learning about the nuances of the California bar exam, I am learning about the nuances of Medicare and the infamous "donut hole."  Having headed east, young woman, to dabble in Illinois law, I have also been attending to family matters which include assisting my mother with an analysis of various medicare plans.  Holy Moley!  One needs an Excel spreadsheet and a risk management program to manage these decisions.  This attendance to family matters has been squeezed in between looking for new employment and doing pro bono work for a civil court judge.  Today, while sipping strong coffee, I was perusing blogs, and encountered this blog entry concerning the 8th amendment and a template to deal with it in terms of an essay on the California bar exam.  I like to find these "wild cards" for, in addition to the standard subjects tested on essay exams, one never knows what pitch the examiners will throw the next time.  Last time, the examiners threw out kidnapping in their criminal law/pro exam; I stumbled and then made up a rule.  I don't like to stumble. . .

http://barexamguru.wordpress.com/2009/02/17/california-bar-exam-tip-the-8th-amendment-exam-writing-template/

Morally Fit for the Bar

The first time that I completed the moral character application for the bar exam, it took a conservative 60 hours.  I missed the fact that I needed to update the State Bar about each new position, address change, etc.  I suppose that I expected to study hard and to pass the exam on my first try.  Thus, I was surprised to receive a rather strident letter from the California bar examiners in September 2010, asking for an update.  It had been two years.  So, I dutifully updated my moral character information and sent it to the bar within the stated deadline.

I'm pleased to inform you that I'm deemed morally fit for the bar, again!  Yeah!

I'm also more physically fit; that is, since taking the bar exam, I've become a bit more svelte.  Yeah!

Failing and Passing the California Bar Exam

http://failingthebar.blogspot.com/2007/11/good-night-and-good-luck.html

http://failingthebar.blogspot.com/2007/06/notes-from-other-side.html

Mixed Feelings - Reflections from a 3x Repeater on Passing the California Bar Exam the Third Time

Having butterflies in my stomach, I am reading other blogs and realizing that I, like many others, have felt or am feeling the same anxiety.  Waiting for results is like waiting for a painter to paint one's portrait.  One never knows how the portrait will turn out. . .a lengthy process. . .

http://calbarred.blogspot.com/2008/11/mixed-feelings.html

Market for Law Graduates Changes with Recession: Class of 2009 Faced New Challenges

NALP Press Release Sheds Light on Current Job Market for J.D.s

Top Ten Ways to Wait Out the Waiting Game

I thought that it was high time for me to address what I and everyone else is thinking, “Did I pass the California July 2010 Bar Exam?” given that I and every exam taker is on pins and needles. . .

A personal event, while our family and friends are supportive, we don’t need to hear platitudes (“Don’t worry, you’ll pass!) or (“Well, if you don’t pass, you can always take the exam again.”) It is better to avoid addressing this issue with us and to leave silent dogs where they lay.

Of course, we worry. One never knows if one passed or not when one walks out of the exam. The MBE’s in the afternoon of the July 2010 exam were particularly rough and where did the questions on civil procedure and wills come from? These questions were not supposed to be on the exam!

And, our friends and family don’t know what they are saying when they state, “Well, you can always take the exam again!” True. But, after five-months of study, and after balancing a paralegal job with enumerating for the U.S. Census Bureau, and barely able to pay the rent. . .after living  in a room with mold in the closet and ants in my cat’s food. . .and another nearly 4-months of waiting. . .how many times does one expect that I, or anyone, can do this over again?

Someone wrote that they pitied poor Paula Bandy who took the California Bar exam 14-times before she passed, moving from a house to a garage converted into an apartment, penniless, and still intent on passing. Ms. Bandy is now tutoring bar exam takers; for all that, she is not now a practicing attorney.

And, yet, I am lining up 2010 version of Strategies and Tactics and taking out my sharpened pencils. For, after 10-weeks in the final coursework of a paralegal program, providing good grounding in criminal law and procedure, constitutional and family law, I’m on my game. And, my study buddy is waiting for me in California. For yes, I’ve decided to go back home. I’m a California gal through and through. . .I’ve moved on from the prairie state. I’m turning my little car in a westerly direction and, after clerking for a judge in Illinois (pro bono), after Christmas, cat and I will take the southern route on the long trip home to the Golden State.

So . . . now to the Top Ten. . .

1. Study for another bar exam and don’t look back.

2. One of my friends avoided the results. Her husband awakened her on Sunday morning, and exclaimed, “Honey, you passed the bar exam!” She rolled over and went to sleep.

3. Bake bread, cookies, cakes, croissants . . . and feed them to your friends.

4. Work out with a vengeance. Develop the body that you had before the bar exam!

5. Begin drinking and don’t stop. (But, don’t drive!)

6. Look for gainful employment . . . anything that pays the rent . . . (and, good luck finding a job!)

7. Clerk for a judge.

8. Fill your life with endless details . . . only think about the exam in your dreams.

9. Concentrate on finding a new man (or woman) . . . being in love is a great escape. . .or, keep the one you have if you are both in love.

10. Pour your heart out into a blog. Although comments may be rare, you periodically receive one or two notations that let you know that you are in good company.

Morally Fit for the Bar?

After receiving the following link from a friend,  it begs the question as to just who is morally fit for admission to the bar...
Harvard Grad Torched 911 Memorial

Lionness in Need of Courage

Famous Failures

I was recently announced to a room full of judges and it was said that I failed the California Bar exam on my first attempt and took the exam, a second time, in July 2010.  Oh, great!  If it wasn't sufficient pressure already. . .!

Can't someone just call me when results are out?  I'm too afraid to look. . .the first experience was sufficiently nauseating.

To make myself feel as if I am in good company, I examined the link above.  OK, I feel better now, particularly since one of the Court personnel said, "Well, I passed in Iowa and the scores are equally dismal and it's a 3-day exam, just like California."  Then she followed with, "500 people take the exam."  So how, exactly does Iowa compare to California????  (By the way, I looked up the pass rate in Iowa. . .it hardly compares!)

July 2010 Essays Posted

July 2010 Bar Exam Essay Questions and PT's on the State Bar web site but not the model answers.

California Dreaming

All the leaves are brown
And the sky is gray
I've been for a walk
On a winter's day

I'd be safe and warm
If I was in L.A.
California dreamin'
On such a winter's day

Stopped into a church
I passed along the way
Oh, I got down on my knees
And I pretend to pray

You know the preacher likes the cold
He knows I'm gonna stay
California dreamin'
On such a winter's day

All the leaves are brown
And the sky is gray
I've been for a walk
On a winter's day

If I didn’t tell her
I could leave today
California dreamin'
On such a winter's day

(California dreamin')
On such a winter's day
(California dreamin')
On such a winter's day

Federal Judge Issues Ruling Ordering the NCBE to Provide Testing Accomodations to Blind Law School Graduate

See link below to read a synopsis of the case.  Good show!

March/April 2010 Law Student Journal Discusses Ruling

The Ethical Quandry

is the name of a blog from Hinshaw & Culberson, LLP which, among other things, discusses an proposed ammendement in California's ethical rules for attorneys as compared to the Model Rules. . .See link below.

http://blog.hinshawlaw.com/theethicalquandary/

Illinois Bar Exam Google Group - New!

New!  Please join the Illinois Bar Exam Google Group.  Files related to Illinois specific essays can be posted and shared. (See sidebar under Illinois Google Group to subscribe.)

Moreover, is there anyone out there who would like to become part of a study group (or be a study partner) in a quest to pass the Illinois Bar exam?  If so, join the group and please shoot me an email at: kstudylaw@gmail.com.

Big Brother is Watching

This is the title of an article in Time magazine, published 9/13/2010.  And, the issue being litigated makes a great exam question for the California bar examiners (or any other bar or law school exam.)

What is the issue?  Do police have the right, without a warrant, to place a GPS tracking device on the bottom of your car while your car is parked on the driveway of your home?  The 9th circuit concluded that "this doesn't violate your 4th amend. right because, without a gate or no-trespassing sign, you do not have any reasonable expectation of privacy in your own driveway."

This holding, in turn, caused me to explore GPS tracking devices that you can install on your telephone to track the location of your children (if you have them) or, perhaps, to determine the location of your "cheating" spouse.  It begs the question, "Do I really want to have the GPS device on my cell phone enabled?"

The dissent in the aforementioned holding, Chief Judge Alex Kozinksi, "pointed out that by this logic, only wealthy people who protect their property with electric gates and security booths have a zone of privacy around their homes. . .[and that] the government is free to use [the GPS device] to track people without getting a warrant."

Given the twist in Cal Bar's July 2010 bar exam concerning pedestrian checkpoints, it might be a good idea to watch the outcome of this case which is expected to go up to the Supreme Court given that a recent case in another appellate court (D.C.) ruled opposite the holding in the 9th circuit.

Ilinois Bar Exam Material

Like many, I have been balancing contract work for law firms and trying to make ends meet.  Thus, I am doing the IL Bar Exam "on the cheap."

I will be downloading all the MEE essay material from the NCBE Web site (see sidebar to my blog under Illinois Bar exam.)  The remaining MEE material I will need to acquire directly from NCBE (e.g. National Conference of Bar Examiners.)  I use the actual bar exam material to develop a series of rule statements and essay templates.

I will also download all the MPT material from the same site and using it to study ala my tips found in recent posts.

As it concerns the Illinois Essay Exams (IEE's), I have copied almost ten years of recent exam material, sans model answers and will be outlining these essays.  Illinois does not publish their questions or answers, however, Bar Bri does have an Illinois specific book on these essays.  Feel free to contact me directly at: kstudylaw@gmail.com concerning this material. 

Funny that the IEE for Feb. 2010 was modeled after the SF Giants and their errant million dollar baseball.  Here's where recent case law was really relevant!

To find bar exam material "on the cheap," check craig's list, amazon.com, e-bay and the like.  Since I understand that IL changed the IEE's in 2007, with less emphasis on Civ Pro, the later editions of Bar Bri material are probably better given this.

I'm still gathering some of my submissions for the IL Bar examiners as well as scraping the $ together to register for the exam.

And, I am less hopeful that I'll have ExamSoft to rely on.  I'll probably hand-write my practice answers to the exam because Illinois, unlike California, seems to do things the old fashioned way.  (How unfortunate!)

NOW Challenges the California Bar Exam!

The National Organization of Women, California, is challenging the format and fairness of the California bar exam.  An excerpt of an article on their Web site follows, an article written by an accomodated student who took the exam in Braille. . .

"The media would have all of the thousands who failed, believe that we need only go back and study harder. I contend the Bar examination is ridden with faults and it is the exam that needs reforms. The National Organization for Women has taken up this cause. Join this effort by writing your congressional representative and demand an oversight hearing of California Bar examination and admission policies."

Please see link to article below:

http://www.canow.org/canoworg/2010/06/the-california-bar-exam-treadmill.html

Tips for Preparing for the California Bar Exam

Having received some inquiries related to the above, I'll attempt to summarize my tips:

Background:

The California Bar exam is heavily weighted towards the written portion of the exam and counts for 65% of the overall score.  Each PT (performance exam) counts for two essays; there are 6 essays in all and 2 PT's.

The MBE portion of the exam counts for 35% of the scaled score.

Day 1 and Day 3 consists of 3 essays in the morning, and one PT in the afternoon.  Day 2 consists solely of the MBE's; 100 questions in the morning and 100 questions in the afternoon.

MBE's

Read Strategies and Tactics by Walton after tackling at least 500 Bar Bri or PMBR MBE's.  S&T provides insights into what the examiners are testing and ACTUAL bar exam questions.  (See sidebar on blog.)

Do the on-line NCBE questions.  You can purchase two sets of 100 questions for $26.00 each and the license is good for one year. (See sidebar on blog.)

Do a minimum of 2,000 MBE's and track the rule statements and trigger facts from missed questions.

If you can afford it, sign up to Adaptibar or MicroMash.  Discounts are available on the blog, "The Life and Times of a Future California Attorney."  (See sidebar -- "Blogs I follow.")
 
Essays and PT's

Download ten years of essays from State Bar of California and every model Recorder answer available.  (See sidebar on blog.)  Formally outline at least 60, if not all exams.  Write another 60 exams under timed conditions.  (Adachi's Bar Breaker series also provides great insights to the exam and suggests writing 100 essays as preparation for the bar exam.)

Develop rule statements to use for your own outlines by subject.

Critically analyze your strengths and weaknesses and, if possible, get a tutor to provide critical feedback.

Focus on agency, partnership and corporations.  It seems that California is placing more emphasis on these areas and be well versed in Civil Procedure (Fed and Cal).

Walking into the Exam

If you follow these simple tips, you should feel prepared to take the exam.  At exam time, controlling anxiety, managing sleep, managing life . . .all can interfere with exam performance . . .

I am following these same, simple steps to prepare for the Illinois Bar exam and learning new law by breaking down the NCBE essays.  California does not test on negotiable instruments and secured transactions, administrative law, or state constitutional law.

Casting Out for a Study Partner - Feb. 2011 Illnois Bar Exam

Yes, in this unfamiliar-familiar territory, I find myself combing through Illinois exam material and slowly gaining momentum. . .but the joy (yes, joy!) of preparing for a new bar exam would be oh so much more joyful if I could find some similar souls who were also making the long climb toward the Feb. 2011 Illinois bar exam.  Any takers?  If there are, please contact me at: kstudylaw@gmail.com.

Accountability

My new study schedule begins this week toward the long path to the Illinois Bar exam.  My plans are as follows:

1. Do 100 MBE's per week, 25 per day for 5-days, with weekends off for good measure.  Journal those MBE's that I got wrong with "trigger facts."

2. Analyze and outline 3 IEE's per week; during the first 4-weeks, I will do this under non-timed conditions, after which I will hand-write the exams under timed conditions (e.g. 30 minutes.)

3. Analyze and outline 4 MEE's per week, during the first 4-weeks, I will do this under non-timed conditions as above.

Purchase 2010 Strategies and Tactics and read each introductory chapter.

Prepare Essay Binders - 1) for the MPT's, 2) for the MEE's, and finally for 3) the IEE's.

After 4-weeks absence from exam preparation, I am already finding a lapse in memory and a need to keep my skills sharp.  I must build a new life of "routine."

At the same time, I am looking for new employment, and studying the "Rules of the Road" to take the Illinois Driver's test and to title my car in this state.  And, beginning a paralegal program next week. . .

I perform better under pressure. . .

And, I am already having dreams about the July 2010 exam results. . .and recalling the crushing blow that I felt when I faced a blank computer screen after the Februrary 2009 bar exam. . .

I miss my study partner. . .

Re-birth is not without pain. . .

Illinois Specific Bar Essays (IEE's)

I miss my old haunts. . .

Unlike California, Illinois seems to keep information about their bar exam "close to the vest."  Thus, I drove through the tall cornfields and country roads to visit the law library at Northern Illinois University School of Law on a day when 4,000 students were moving into the student halls and the police were advising against using the main thoroughfare, Annie Gliden road.

When I arrived, one of the Deans showed me to the library, an out-of-stater dressed in blue jeans, starched white shirt and "cowboy" boots, he wondered about me.  I suspect that I was wearing the patina of California. . .

The students at the reference desk of the library were generous; when I asked if they had any bar exam materials on file, a student emerged with a huge box labeled "Bar 101."  And, there inside were 20 years of Illinois specific bar exams of which I now have February 2003 through February 2010 included, sans the model answers.  Perhaps Illinois has a "Recorder" equivalent that publishes the answers?  Or, perhaps I will have to break down and purchase these from July exam passers. . .but at least I have a running start. . .

Although I looked older, and different, I felt welcomed by the Dean and the students and think that this library might be a place for me to call home as I focus on yet another bar exam. . .proceeding with Plan B.

Back in Chi Town

Yes, I was in Chicago today for an interview.  While the interview did not pan out in a job, I called the city of Chicago home for many years.  It was good to be home again.

But, now I need a "study buddy" to get through this next exam.  While I will have my materials ready within one week, and will be applying the "reverse engineering" principle previously discussed on this blog, I am hoping that some Illinois test takers might want to form a study group with me. 

Please contact me via my email address listed under my profile if interested.  And, thanks!

Illinois Bar Exam Checklist

The Illinois bar exam is a 2-day exam with Day 1 offering 6 MEE's (NCBE's multi state essays), 3 Illinois specific exams (each essay is 30 minutes), and 1 MPT (multi state performance exam) which is 90 minutes.  The MBE exam is on day 2 and counts for 50% of the exam. In total, the passing score is a scaled score of 264 points.  Essays count for 43% of the exam while the MPT counts for 7%.

To sign up for the exam, one must fill out multiple sections of the bar application electronically and the first filing deadline is 9/1/10.  Applications can be filed later, but the price rapidly escalates.  In addition, there are limited seats for ExamSoft takers; the majority take a handwritten exam!

Illinois Bar Application Checklist

• Character and Fitness Questionnaire (and Additional Questionnaire, if required)
• Illinois State Police Criminal History Form
• Attorney's Questionnaire (if admitted to the bar elsewhere)
• Authorization and Release Form (non-electronic, signed and notarized)
• Dean's Certification (non-electronic evidencing J.D. degree)
• Non-Standard Testing Accommodation Request (if applicable, plus CV of psychologist, Certificate of Non-Standard Testing Accommodation evidencing accommodations by schools, testing centers, and/or employers)
• MBE Score Transfer (if one had passed an exam in another jx within the most recent 13-months and with a scaled score of 140)
• MPRE score transfer (score of 80 required)
• LSAC applicant ID for Bar Application and for MBE Exam (required the day of the exam)

Old MEE, MPT and MBE exams and essays can be found and printed via the NCBE web site (see links on side bar of this blog) while Illinois specific bar exam essays can be located via local colleges (Northern Illinois Law school has old Illinois essay exams in their law library reference center.)

I added a new blog, "The Modern Woman," to my blog list about a woman who is now an immigration attorney and who failed the IL bar exam the first time, to pass on her 2nd attempt.  It's good to have some local inspiration...

Miles to Go Before I Sleep

The Grand Tetons, Wyoming

When asked, "How do you think that you did on the California Bar Exam?," my stock reply is "I don't know.  I'm moving forward with my life; that's all I can do."

So, in the spirit of moving forward, I have settled in to northern Illinois with Cat (a Maine coon).  We made the 2,100 mile trip and saw Yellowstone along the way.  Albeit brief, this was my "vacation" while we refocus our life on a new bar examination, one with an 89% pass rate.  True, I need to learn Illinois Constitutional law, and civil procedure, and to do so without a tutor or course, but I am prepared to dig in come 9/1/10 and to study for this exam with singular focus.  I am proceeding with Plan B; Plan A's objective (e.g. sitting for the Cal Bar exam for the 2nd time) has been achieved. (We won't speak of Plan C!)

So, today I have a stack of papers from the Illinois bar web site -- in 6 point font -- which I am wading through.  I have already sent off a request to mail my MPRE score to Illinois which requires a score of 80 versus California's 79.

In addition, Illinois is now requiring one's LSAC # on the bar application as well as on the actual MBE portion of the exam.  To find one's LSAC # use the following web site: http://lsaclookup.lsac.org/

Finally, I am completing a paralegal certificate here, with the intent of transferring my credits back to my school in California.  This will help me review criminal law and to learn family law procedures in this separate property state.

I have miles to go before I become an attorney. . . and miles to go before I sleep. . .

And, as for being in love and loving. . .perhaps it is also time to move life along?  Or, not. . .

Stopping by Woods on a Snowy Evening
By Robert Frost

Whose woods these are I think I know.
His house is in the village, though;
He will not see me stopping here
To watch his woods fill up with snow. 

My little horse must think it queer
To stop without a farmhouse near
Between the woods and frozen lake
The darkest evening of the year.

He gives his harness bells a shake
To ask if there's some mistake.
The only other sound's the sweep
Of easy wind and downy flake.

The woods are lovely, dark and deep,
But I have promises to keep,
And miles to go before I sleep,
And miles to go before I sleep.

Reverse Engineering - Did it Work?

Self-Portrait (early artist days)

Only the actual results will tell. . . however, after examining 120 essays over the past ten years, there were some "wild cards." 

Crime Pro -

Pedestrian checkpoint - I was lucky to have experienced my first (and only) sobriety checkpoint and put the handout the police gave me in my Con Law essay book.  Having gone through a checkpoint, I researched the law out of curiosity.  I drew upon this knowledge in answering the question.

At the end, the examiners asked if the D could be convicted of attempted kidnapping.  I did not know the rule; I made up the elements and argued against my made-up rule.  Also needed to know the elements of waiving one's rights to a jury trial.

PR -

The lawyer gave each client, all of whom were jointly represented with one client paying for all three parties involved, separate retainer agreements.  Ethics?

Business Associations -

Partnership was tested in Feb. 2010 and again in July 2010.  For future examinees, know the rules of liability between the partners, and for good measure, the distinctions between LP's, LLP's and LLC's.

MBE's -

Included questions on Choice of Law, Diversity, Double Jeopardy, and numerous questions on appeals - basis of, when to bring, procedure of.   I checked the subject outline issued by the NCBE to check if Civ Pro had been slipped in when I was not looking.  No, it had not.  However, I was surprised to read the following:

"The MBE consists of 200 multiple-choice questions, 190 of which are scored. The 10 unscored questions are being evaluated for future use; because these questions are indistinguishable from scored questions, examinees should answer all 200 questions. The 190 scored questions on the MBE are distributed as follows: Constitutional Law (31), Contracts (33), Criminal Law and Procedure (31), Evidence (31), Real Property (31), and Torts (33)."

Although I knew that some questions were discarded, I did not know that, in specific, ten questions were discarded, and, like the MPRE, are evaluated for future use.

Was I prepared?

In comparing the July 2010 bar exam to the February 2009 exam, which had a 33% pass rate and one of the lowest in five years, the exam seemed comparatively less difficult and the PT's reasonably straightforward.

I was much more comfortable with the MBE's than I was before.  In Feb. 2009, I had done 750 MBE's and guessed at half of them.  This showed in my MBE results.  As it relates to the July 2010 bar exam, I did over 2,000 MBE's and found that I could "logic" out many of the questions.  The afternoon MBE session was significantly more difficult than the morning session; I struggled to keep pace with the time.

Strategy?

I am taking a 4-week break and then will purchase the 2010 Strategies and Tactics book and subscribe to Adaptibar and do 33 MBE's per day.  If I've done 5,000 MBE's prior to my next bar examination, the territory should be very familiar. I will be taking the bar examination in Illinois where there is an 89% pass rate.

Results?

I can't look and have asked my tutor if he would kindly do this for me.  I remember seeing the results before; and the bottle of wine I drank immediately afterwards.  It was better to be "blotto" than conscious.

Now I have a healthy respect for the difficulty of the California bar exam and if I have any advice it is as follows:

1. Begin to study for the bar exam months -- not 8-weeks - before the exam

2. Do at least 2,000 MBE's.  Read "Strategies and Tactics" cover to cover and do all practice questions and simulated exams.  Purchase the on-line NCBE questions and do these, too.  Do the MBE's under TIMED conditions.

3. Prepare an MBE journal.  In hindsight, I plan to keep a copy of each question that I missed and to do these until I get it correct.  For this reason, I may purchase two copies of S&T.

4. Practice writing exams.  Begin 3-months prior to the exam and write one essay per day, 5-days per week under TIMED conditions.

5. Purchase self-hypnosis tapes developed for the bar exam.  Use to unleash your memory under exam conditions; learn how to relax.  But caution - Don't listen to a hypnosis tape just prior to taking the exam.  Due to an upset stomach and nerves, I did this in an effort to calm down and to better focus.  I was so relaxed, that I had to force myself to speed up and gain ground the morning of Day 1.  You need adrenalin to carry you through the exam -- I would have better off with an upset stomach and nervous energy.  This was also no time to experiment!

6. Don't fall in love until after the bar exam.  Love can be distracting. . . :)

My little car, cat and I will be leaving California mid-day on Wednesday.  We went to Mt. Tampalais and scattered Tiffany's ashes as we had promised (Tiffany was my 19-year old cat who died one year ago.)  We sat on the mountain overlooking the Bay, and we cried - we cried great, big crocodile tears.  We cried because we miss Tiffany.  We cried because we will miss the sea, and the mountains, and the California sky.  We cried because we will miss our friends, friends who have been taking us to dinner, and bringing us lunch, and who accept us for the free spirits that we are. . .

We will be leaving our hearts in California and hoping to return. . .

But we are now focused on building a new life in the Chicago area where we can regroup, meet new friends, and become a member of a more forgiving bar. . .

I am the Captain of My Soul

The exam is over!  I was filled with adrenalin and so over exhausted that I could not sleep.  Instead, I watched Eastwood's film, "Invictus," which centers around Mandela and rugby.  Mandela inspired the Captain of the Springbok team to inspire his team to championship.  I did not realize that the movie was named after the Victorian poem, "Invictus," nor did I know that the poem, itself, had inspired Mandela, and his fellow inmates on Robben Island, to withstand life within prison walls.

Essay Books and The Recorder's Model Answers at my favorite Law Library

Having been to Robben Island and toured South Africa, the movie had even more meaning for me and it put my own life, and the challenges of the California Bar exam into better perspective.  A "prisoner" to my studies since mid-March 2010, I have been released to normal life, and can resume long walks at my favorite parks in California until I leave this beautiful state to begin life anew.

On this long path towards the July 2010 bar exam, I have also met and become friends with a man whom I shall always remember and who affects me deeply, who affects my soul.  I traveled to South Africa to see another man who affected me similarly; a man of great intellect, sensitivity and compassion for others who died unexpectedly at a young age of heart failure.  A published author, I learned about his death nearly one year later, when I discovered that he was described as the "late" author.

My life has been hanging in the balance for two years, and I have sacrificed much to become an attorney.  I am in good company, for it takes intelligence, guts, determination and incredible perseverance to become a lawyer.  And, it seems, every few years, California raises the bar, making the exam more extensive in the 17 subjects tested, the necessary MPRE scores higher, without factoring in the sheer physical, mental and emotional stamina required just to sit for the exam.  One's back and seat becomes numbed by pain by extended sitting for three days on unforgiving chairs.  One's stomach must be conditioned to lack of sustenance for hours at a time.  And, even water is disallowed unless we sip it supervised by the examination watch dogs.  Indeed, it seems to be cruel and unusual punishment.  Have the examiners themselves subjected themselves to such conditions?

Mandela, himself, was an attorney.  He used his skills of logic and persuasion to lead a country.  And, if I pass the bar exam and am admitted to practice law, I shall be proud to follow his tradition in my own simple way.  I shall never be a Mandela, but I would be happy to be a great advocate for my clients and to use the law to secure a sense of justice for them.

I close with "Invictus" written by Walter Henley and featured in the film. . .

Out of the night that covers me,
Black as the pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.

In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.

Beyond this place of wrath and tears
Looms but the Horror of the shade,
And yet the menace of the years
Finds and shall find me unafraid

It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate:
I am the captain of my soul.

Relation Back and a Winning Game

It occurred to me that going into the JULY 2010 exam, that I should not mentally, emotionally or psychically relate back to my first exam experience in February 2009.  I have spent the time with my tutor to learn the answers to my question at that time, mainly "What went wrong?"  Now, I know what went wrong. I know what my weaknesses and strengths were; I am committed to play to my strengths.  And, I committed, during the past few months, to improve my weaknesses.  Now, I must NOT relate back to my first experience, but enter this experience as if it were new, as if I were taking this exam for the FIRST time.

No self-doubts, self confidence is what's called for.  I must pretend that I am like an Olympic athlete who faltered and fell in the rink, and is back to bring home the GOLD - undaunted and well practiced.  I can almost hear the roars of the crowd, the come-back kid is here again!  Did you see that triple-turn?  The elegance of the skating?  The synchronization with her partner?  "Ahhh!," sighs the crowd who collectively experience a silent chill at the beauty of the movements of the skating while hearing the skates cut the ice.

I can only dream about being an Olympic skater, but I can make passing the California bar exam a reality.  You can, too!

So, my final thoughts - play the game to win!

Weekend Plans and Saying Goodbye

I like pictures.  This is why I felt compelled to visually track which essays, during the past 11+ years, I had outlined or written, to chart my progress.  The diagram, itself, is from Bar Bri's Essay book (2007 version) to which I have added my own updates.

I was fortunate to employ a private tutor for my beginning studies who set me on a course which I refer to as reverse engineering.  That is, as a repeater, while I needed to substantively review the law, my primary focus has been to "unpeel the onion" starting with the outer layer and working inward.  Translation:  I have downloaded and have now reviewed 111 essays finding similar patterns across many of them until the essays, themselves, have become familiar territory.  There have been some wild cards. For instance, the July 2004 Torts question included wrongful death statutes and a February 2010 business association question tested general partnerships and LLP's.  I now know what the bar examiners consider a "model" answer and that the answer, while well analyzed, does not always correctly restate the black letter law.  The answers, however, are well analyzed and the arguments are intelligently composed.  Having read numerous model answers published in THE RECORDER, I am also gaining an appreciation for the bar reviewers abilities to answer the exams, although most answers are clear, concise, and on point.

This weekend, aside from doing laps at the outdoor pool at my new (and temporary) abode, I will be concentrating on two complete reviews of my MBE journals and answering another 200 bar exam questions using the questions published on-line through the National Conference of Bar Examiners.  If I pass the July 2010 California bar examination, and receive a sufficiently high scaled score, I will be able to transfer the MBE score into another state where I plan to take the bar exam in February 2011.  I can no longer "hang tough" in California writing motions for just over minimum wage. 

Unlike my first attempt at the bar exam, I am unusually calm.  I felt this way when I sat for the MPRE the third time.  At that time, I simply studied the questions after one day of substantive review.  250 questions later, I walked into the exam and found my place with a yellow card laying on the exam table.  I studied the patterns of the cards and learned that the yellow card marked the spot of an MPRE repeater.  Aside from the sting of the repeater stigma, I brushed it off and noticed that the room was spotted with yellow cards; I was in good company. 

When the exams were given out to the test takers and the proctor called, "Time!," I marked the number of questions that I needed to do for every 30 minutes to keep me on track, and then I proceeded to calmly review and strategically answer the questions.  When I received the exam scores, I was shocked to see how well I had done.

Really, the approach to the Bar Exam that I have taken this time is no different.  It is strategic and focused.  I've learned that I don't know everything in Convisor.  I've learned that I don't need to know everything.  In fact, there's only a finite number of rules that I need to know.  The rest I can "logic" out.

The final night of the bar exam, I need to call the court to determine if I've been called to jury duty, or dismissed.  While I'd love to serve on a jury, now is not the right time.  I need to say "Goodbye" to California for now to say "Hello" again.

At the same time, I will be saying "Goodbye" to some people who I've come to know well during this long trek to the California Bar exam.  And, who have come to tame me, and I them, like the Little Prince and the Fox.  (From the book, "The Little Prince," by Antoine de Saint-Exupery.) An excerpt and a picture follow...

And [the Little Prince] went back to meet the fox. "Goodbye," he said. "Goodbye," said the fox. "And now here is my secret, a very simple secret: It is only with the heart that one can see rightly; what is essential is invisible to the eye."

So, you see, I have received gifts of friendship for which I am grateful.  When I leave California, I shall always remember my preparation for the California bar exam and the people whom I have come to know and who have supported me through this long journey and I shall miss them.

Under a Spell

Some nights, awakened by dreams . . . dreams of being an attorney . . . dreams of resuming my life . . . dreams of finding love . . . I find myself unable to sleep.

Someone gave me recordings from a hypnotist who prepares bar examinees for the California bar exam . . . I find myself regularly listening to the soothing sounds of an old man telling me, in the middle of the night, that I will be “cool, calm and collected” when I sit for the exam and that I am to whisper “memory, recall . . . memory, recall” to stimulate my subconscious to disgorge the black letter law.

I envision myself clicking ruby red high heels together and saying, “Auntie Em, I am cool, calm and collected and I am going pass this exam!”

I’ll call upon my subconscious to bring forward the arcane points of law so necessary to answer a MBE or to add to an essay. . .

And, I’ll have fun with the PT’s, my opportunity to apply my creativity – pure joy of expression within a legal framework . . .

So, if you, too, sometimes feel stymied,

If you feel that you are falling down a rabbit hole,

click your ruby shoes together and call upon your memory . . .

proceed with calm. . .

be collected. . .

and confident in yourself…

and play the game to win!

After the exam, I am, with deep regrets, leaving this great state of California. “Auntie Em, there’s no place like home!” But, my heart will be here in California and my hope will be to return. . .because I was a California girl all along. . .and I fit here.

P.S. If you see a tall blonde with ruby heels at the bar exam, you'll know that it's me!

Modeling the Answers

As of yesterday, I have written 37 essays (11 short of my goal of 48), and outlined another 58, with a goal of 72 (14 short of my goal).  My goal was to strategically exam 120 essays by end of week, seeking the common and the rare issues tested.

I have organized 3 three ring binders of essay exams across all subject areas, with a Table of Contents (to keep me on track), the student answers, my answer or outline, and the model answer from The Recorder (where available on-line.)

I keep Convisor and my tutor's book at hand, and any rule that I fail to thoroughly understand is read, written down and red lined in my essay or outline.  The past two days, I have been concentrating on Wills and Trusts because there are many different rules that have been tested; I want to chart and understand each of these.  Not a fan of "curve balls," I want to be ready for the usual "pitches" thrown out by the examiners, to swing my bat, and to hit it out of the park.  Game on, baby!

Because many student answers are incorrect concerning the rule of law (while many are correct and eloquently answered), I am incorporating the model answers published in "The Recorder" into my review.  These answers, while probably unachievable on the actual bar exam when the "rubber meets the road," are interesting to reveal the finer points of the law, and sometimes to confirm my conclusions which may vary substantially from the student's model answers selected by the bar examiners.

To be selected as model student answers published by the California State Bar, it is my understanding that each answer achieve an 80 score or better, and that the examinee be a bar passer.

See link on the side bar of this blog to the model answers as well as a link to past exams published by the State Bar.

In Honor of My Father

In 2004, I rode 50 miles on my Specialized to raise money in honor of my father, who was living at the time, to fund research for his rare form of cancer.  At that time, I was recovering from a frozen shoulder using traditional medicine and Qui Gong, a chinese healing practice.  I studied with a Qui Gong master and intuitive healer and she did much to restore both my body and soul.

In 2006, my father died at home.  He died a painful death, mitigated by liquid morphine administered by Hospice.  An architect, Dad lost his mental reasoning two days prior to his death, but, true to his passion and to his genius, he drew new designs and ordered his daughters to run blueprints out to non-existent jobs.  My father was a great man, and a flawed man.  I know no people who are not flawed in some way, including me.  We are human.

But, at this juncture in my life, I wish that my father were here to cheer me on.  To say, "I know that you can do this.  You have weathered the storms of life and yet you are still persisting to achive your dreams."

For, you see, I come from a family of artists and I was raised to believe in dreams and to believe that my dreams could be achieved through diligence, persistence, and hard work. 

Dad, I am doing my best to achieve my dreams. I dedicate the July 2010 bar exam and my efforts to you, in your honor. I hope to do you proud.

Bar Exam Survival Kit

Now, with the exam only 12 days hence, it's time to wind down one's studies.  I, myself, am doing what I call my "clean sweep."  Having now written or outlined 84 essays, I am sweeping each subject looking for sub-issues that I may have missed or need to re-review.  Today, it's civil procedure and motions to remand to state court, rights to jury trial in federal and California couts, and that "bugabo" that I must re-affix in my mind - joinder of parties.

Aside from that, I've made my hotel reservations at the testing site and put together my bar exam survival kit with a few sundry items to add -

• Aspirin or a pain reliever of choice
• Prilosec to keep my stomach acids at bay (for those with less queezy stomachs, Tums might suffice)
• Bandaids and antibiotic ointment (yes, I cut my arm on metal library shelves recently)
• Pencil sharpener
• No. 2 pencils
• Highlighters
• Ear plugs
• Pillows for one's seat
• An analog watch

Peppermints for sustanence and to keep my stomach calm (although mints, food, and water are NOT allowed!)

I will bring a power strip and ethernet cable just in case . . .

A word of caution, no cell phones are allowed so put your electronic instruments away.

Water is meted out by the bar examiners . . .a few sips, if time affords . . .

Legal Relief

About this time, I need some relief from the long days studying while still managing to bone-up on the law.  So, while some may be avid fans of legal shows, I am an avid fan of movies about the law. . .

Absence of Malice

Paul Newman and Sally Field play a public figure thrust into the limelight and a news reporter hot on the trail of a story, respectively.  To protect the newspaper from a defamation lawsuit, the legal counsel for the newspaper determines that there is an absence of malice in the published report, a critical element to prove defamation against a media defendant.

Jagged Edge

Glenn Close plays a top criminal defense lawyer in San Francisco, defending a news man played by Jeff Bridges, from a murder charge.  Evidence objections are liberally banded about at trial; great courtroom scenes!

And Justice for All

Al Pacino and others on this fantastic cast are either lawyers, judges or criminals, most of whom have lost their compassion for others.  Playing a defense attorney, Al balances his empathy for people against his respect for the law, while a state bar ethic's commission monitors his ethics.

Flash of Genius

The inventor of intermittent windshield wipers sues Ford for patent infringement and credit for the inventor's idea.  Robert Kerns represents himself at trial and wins back his inventor's "badge" and a few million besides, in this true story about one man fighting a corporation and achieving justice.

Your additions to this list would be appreciated!

Change of Venue

Sometimes a change of venue is good for the soul (but not maybe for the seat!) A secret garden outside the window, natural light and trees. . .ah, but I miss the musty smell of the law books. . .and the knowing smiles of the lawyers who wish me well. . .

Delving into corporations, today. . .de jure, de facto, piercing the corporate veil . . .I am reminded a painting by Dali, a child lifting the corner of the sea . . .

Being Selfish with One's Time

The bar exam is just over two weeks away; this is not a time to be selfless with one's time. If anything, this is a critical juncture during which one should be refining their knowledge of the law and not "cramming" for an uncrammable exam. This is a time to be selfish with one's time and to be honest about what works - and what doesn't work - for you. If something doesn't work (e.g. a memory system, a study style of a fellow bar examinee, etc.), don't be afraid to extricate yourself from that which is unworkable for you. This is your future income and future career.

This is also a time to commit legal concepts to long term memory. Having been provided advice from a bar exam instructor in 2009, to commit 1,000 flash cards to memory in a 7-day period just prior to the bar exam, on Day 2 I realized that attempting to cram the black letter law in seven days was very unworkable for me. Moreover, I believe that this poor advice was a contributory factor in throwing my game during the actual bar exam. I am not a crammer. Perhaps I "assumed the risk" of using the advice - throw a first-timer a life-line, and they will take it, thinking that you, the instructor, have the magic solution toward passing the bar exam.

Ah, but there is no magic solution. The only solution is diligence and practice. A concert violinist becomes renowned for their playing not by practicing one week before a concert, but for months before. . .come exam day, I'd like to be ready for my audience - the bar examinee - and to wow them with my analysis (at least one can hope!)

Surreal Life and Squatter's Rights

After the mock bar MBE exam on Tuesday, in which I took the NCBE 1998 exam, I called my tutor to “kiss the ground that he walks on” for my scores increased by 31 points over my 2009 actual bar exam performance. Given Strategies and Tactics, the MBE’s best surgical tool, I dissected the questions that I incorrectly answered, looked up rule statements and refined my understanding of the Black Letter Law.

What I’ve discovered is that the pat answer I was given in law school, “You just don’t know the law,” was patently untrue. What I did not understand was how to apply each element of the law to a hypothetical that, to me, seemed convoluted and surreal.

However, what I have also learned is that it is only by answering thousands of questions that one begins to understand how the questions, themselves, are developed and what the “triggers” are. For instance, if one intends to commit larceny, and then decides against it, and if one takes an affirmative step towards “taking” and carrying away the property of another, even a momentary taking qualifies for the crime, if the taking was intentional. My instinct was telling me otherwise; surely a moment in which one pockets a watch and then puts it down can’t constitute a crime. Ah, but it can!

My fellow bar examinee who shared the library with me is absent, thus, I have claimed squatter’s rights over his prime real estate since mine was claimed by rightful (e.g. licensed) attorneys in the library. 

These attorneys walk by bemused by the paper on the floor and my numerous books randomly arranged on the table. 

"Are you studying for the bar exam?"

"Yes. . ."

"Good luck," they smile as if to encourage me to go on.  (They've heard my sighs and watch me scatter paper on the floor in utter glee!)

Reverse Engineering - Game Theory

MBE's

Rather than do FLASHCARDS, I am following my tutor's approach and writing MBE Journals. The value of journals is that I can organize all BLACK LETTER Rules which I am taking from the answers, along with the "trigger" facts in groups of logically related Black Letter Law.

I will be doing my third MOCK BAR on Monday, during which I will use bar issued exam questions, and doing 200 MBE's under simulated exam conditions. By end of Monday, I will have done 2,000 MBE's.

As a repeater, I spent limited time reviewing the law. I threw myself into the MBE pool to sink or swim. I sank, a lot, but in sinking, I also learned. And, now I am swimming, achieving new highs (and occasional lows.)

ESSAYS

I have written 22 essays, each under timed conditions, and formally outlined 40, for a total of 62 written or reviewed. Over the next few days, I am developing one big FAT essay book with a Table of Contents which details common themes that are tested by subject, for which I have a model answer or outline of my own. I strip off the rules from Conviser or from PMBR's model outline book, a book which, although prepared for the MBE, has excellent rule statements and practical approaches.

I will write at least one essay per day, if not two.

PERFORMANCE TESTS

I have written two, and plan to write two more. This week and up until the weekend before the exam, I will review all 22 PT's provided by the bar examiners so that I am familiar with the types of tasks required - persuasive MPA's, Memos, closing arguments.

FOCUS

My focus is on the exam itself and the discrete issues tested, and the few wild cards.

Come exam time, baby, it's "Game On!" (Perhaps I am a little slap happy?) I love the lawyer down the hall who advised writing 100 essays; this is not humanely possible for a gal who works (a gal has to eat, after all!) But, if I had the time, I'd follow his advice...

My Life in Storage

Aside from the black letter law, this is all that I can think of. Someone recently e-mailed me and called the bar exam a "ridiculous hazing ritual," and I'd have to agree. But, it is a ritual that we all have to go through to become licensed attorneys; J.D.s we have not yet earned the legal right to call ourselves lawyers. We need a license to practice the law.

Last night, my brain over-saturated with black letter law, revolted. "I'm too tired to go on!" it exclaimed. My body chimed in, "I need some sleep, pleazze!" And, so, reluctantly, I gave in and found myself falling, falling into a deep sleep that even my persistent cat found difficult to awaken me from.

My life is in storage, hanging in the balance, while I focus on achieving my dreams.

Model Answers for Februrary 2010 Bar Exam

are now posted on "The Recorder's" web site. See "Bar Exam Answers" link on the sidebar of this blog.

The Persistence of the Individual

The above title was the name of an article written about a man who hired an architect to design a home for his family – a Swedish man of modest means – who took four years to build the house that the architect, also Swedish, designed.

But, the words “persistent” echoed in my mind last night; persistence is fundamental to preparing for the bar examination, particularly in California.

Persist – to go on resolutely or stubbornly in spite of opposition, importunity or warning. . .

Both the persistent man (above) and the architect were born of poor families who immigrated to the U.S. to achieve the American Dream, a dream that they did achieve through pure purpose, passion and drive.

The man died a top salesperson for his U.S. corporation, the architect died leaving his works for preservationists who recognized that although schooled in a particular tradition, he set out on his own path, influenced by the "master," but achieving works that were uniquely his own.

And, then I thought about the bar exam and how much persistence, passion and drive it takes to prepare and sit for this exam –

Does it take creativity? No.

Having now analyzed many essay exams through formal outlining, and written less than I desire, I now realize that what the bar examiners want is a “cookie cutter” answer.

The examiners want to see familiar essay organization, familiar headlines, standard buzz words, familar territory – there’s a FORMULA to each essay examination. And, while the model examination answers are sometimes eloquently written and well analyzed (and sometimes not), they all follow a template, a template that is repeated throughout the years, with minor tweaking.

Ah, I must live to support myself, and I will be moving from my one-bedroom rental in a house that I share with a polar-opposite to a new room at end of month. . .my time is limited, my capacities are stretched to the breaking. And, yet, I, too, am persisting in life and in my studies to achieve the American Dream – set up a solo practice, buy land on the coast, build a home designed by a Swedish architect – to write pleadings and motions while watching the sea crash against the rocks below . . . and perhaps complete the novella, dedicated to the man I loved and who died while running on the streets of Johannesburg . . .and to find love again.

One Hundred Ways to a Passing Score

I dropped off my last case files to an attorney whom I have been supporting, part-time,for nearly one year and saw the nearly 70 year old lawyer, who works down the hall, walk into his office.

“Hello,” he said.

“Hello!”

“How are you?”

“I’m taking the July bar exam.” (When did this become a surrogate for "I'm fine"?)

“Ahhhh. . .is this your first-time?”

“No. Second.”

“Ah huh. . .well, here’s my advice. The law is a jealous woman; she must always take first place in your life, particularly as it relates to the bar exam. I took the bar exam three times before passing. Do you want to know how I passed?”

“Yes, absolutely!”

“I wrote 100 essay exams.”

“One hundred!?”

“Yes. 100! You see, one of my attorney friends was a grader for the California bar exam. He said, “If you want to pass, you’ll write 100 exams.”

“The second time, I wrote lots of exams, but the other exams I simply outlined. It didn’t work. But, on my last try, I wrote 100 exams, and I started to see patterns. Around 60 or so exams, something clicked. (The lawyer turned on an imaginary knob to emphasize his point.) And, when I took the bar exam, for the 3rd time, one of the essays was nearly an exact replica of an exam that I had written, and I passed the exam. I shared this tip with another repeater, a young woman, and I gave her the same advice. She wrote 100 exams as practice for the bar exam and she passed.”

“100 exams? One-hundred?”

“Yes, write 100 exams and you will pass the bar exam.”

This attorney’s advice is consistent with Jeff Adachi’s advice, the D.A. who wrote “Bar Breakers.”

I thought about this on my drive back from the attorney’s office . . . I’ve formally outlined, in MS Word, 30 exams to date, and written 13. I had set my goal at writing 48 exams and outlining 72, now I wonder if I can increase my goal of writing essays to a new high. Can I raise the bar?