Tuesday, August 3, 2010

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. . .

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