Monday, December 27, 2010

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. . .

Thursday, December 23, 2010

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.

Sunday, December 19, 2010

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.

Friday, December 17, 2010

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.

Wednesday, December 15, 2010

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.

Monday, December 13, 2010

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?

Saturday, December 11, 2010

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!
 

Friday, December 10, 2010

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.