Monday, November 28, 2011

Mind Over Bar?

Although I no longer need this, at least not for California's exam, I thought that this program may be of interest to all bar exam takers.  If you subscribe, let me know how this program worked for you.

http://mindoverbar.com/course/

Sunday, November 27, 2011

Hiding Out and Swearing In

I swear-in to the bar on Friday.  I might "go it alone," unless one or two friends come to support me.  Most of my friends are "repeaters," and it may be too painful for them to come because they are not swearing in, too.  I understand.  It's a bitter-sweet moment for them.

I was not able, financially, to keep repeating the bar exam every 6-months.  Thus, having taken the bar exam once a year, for the past three years, I have realized - as of now - that I have lost many friends, friends that I thought would be friends for life.  I have lost these friends not due to anything that they did, but due to solely to me.  I hid out from them because I was ashamed and demoralized at my failure to pass the bar exam.  I did not want to discuss why I had not passed the exam.  I did not want to be patronized by someone who hadn't walked in my shoes.

Now, having sent out invitations to my swearing-in celebration, and watching the "No" I can't attend as the RSVP's arrive, my friends are probably wondering why they have received an invitation after three years of near silence.  It stings a bit, but perhaps it's also time to make new friends.  My life is no longer "hanging in the balance."  Instead, my life is going down a brand new path. . .

Robert Frost, "The Road Not Taken."

Two roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth.

Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same.

And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.

I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I--
I took the one less traveled by,
And that has made all the difference.

Hypnosis

Having read a 2007 article about hypnosis and the bar exam, and having met an attorney who employed a hypnotist for her repeat performance at the exam, I was "primed" for the same.  My second bar study partner gave me some CD's to copy - which I am presuming he received from someone else - and which I played every evening beginning in February 2011 up until and through the bar exam.

At first, the old man's "creaky" voice bothered me until I found his voice soothing; This past bar exam, everything in my life had set me up to fail; I was working but poverty-stricken, my mother died, and I was bordering on living in my car with my cat.  I was scared, really scared.  But, every night I listened to this faceless old man say, "Do not let someone else's negativity affect you...you are a winner!" until I came to believe this myself.  I began to be able to examine my life from a distance, and if living in my car was temporarily required, I had planned to speak with the local police to find a safe place to park at night, and I found a gym that, for $29.00 a month, would afford me a place both to exercise and to shower.  It would be OK.  Everything would be OK.  Everything WAS okay.

I believed that -- no matter what - I could survive.  No matter what - I had the "stuff" to pass the California Bar exam.

Not knowing who this marvelous hypnotist is who helped me to turn my life around, I have provided a link to the 2007 article on hypnosis and the bar exam and a link to the hypnotist employed by Bar Winners, in the hopes that this may help you calm your own anxiety and fears.  Believing in yourself is a large part of the passing equation, and this belief must come from within you.

http://www.masterthepast.com/test-taking/

http://www.prweb.com/releases/2007/11/prweb565676.htm

"Google" bar exam and hypnosis and you should be able to discover a hypnotist in your area, or a set of CD's that works for you and that is affordable.

Thursday, November 24, 2011

Tutoring Repeaters

Throughout law school and my three attempts at the bar exam, I have coached fellow students and examinees and found it immensely rewarding.  I was a peer mentor in law school, won two Witkins, and a CALI award for my first appellate brief.  I was a student representative for Flemings Fundamentals of Law and served on the Student Bar Association.

Since law school, in between bar exams, I provided contract legal research and writing services for licensed attorneys, won my first appellate brief under attorney supervision, wrote many winning motions, provided litigation support, and assisted law firms re-structure their business operations and market their services.  More recently, I performed legal research and wrote judicial opinions and orders for a supervising state court judge in Illinois.  I have experience in both California and Illinois state court, and in the federal bankruptcy court of both the Northern and Eastern Districts in California.

Prior to attending law school, I attended a well respected university in Chicago, and graduated with honors with an MBA in marketing and statistics.  One year of my education was funded by a scholarship; I was a graduate assistant to the former chair of the marketing department and analyzed marketing strategies.

My corporate career was as a high level manager for international firms, where I managed a team and conducted market research for leading UK and US firms in the consumer packaged-goods industry.

This serves as an introduction to an offer. . .

For those repeaters who need assistance with their writing skills both for the essay exam and the PT's, I will offer one-on-one coaching for a nominal fee for one to three candidates only.

If you are interested in my services, and if you are comfortable with the Game Plan that helped push me into the passing range, please contact me by email and we can arrange to meet or to consult by telephone.  I'd like the satisfaction of helping other repeaters make taking the California bar exam "a thing of the past" and to add the title "lawyer" to their name. 

My email is:kstudylaw@gmail.com

Monday, November 21, 2011

The Game Plan

The OBJECTIVE of the bar exam is to OUTPLAY THE GAME.

The key to passing the bar is knowing the exam itself.  Next, after knowing the exam, it's knowing the law.

Materials:

You only need a few materials to pass the exam: 

1) Copies of every essay exam and model answer that you can access.
2) Copies of every PT and model answer that you can access.
3) A book that synthesizes the rules for each area of the law tested.  Conviser was my "go to" source.
4) Strategies and Tactics for the MBE. 
5) Purchase the NCBE on-line MBE practice tests.
6) Bar Bri MBE's or MicroEdge or Adaptibar.  I used Bar Bri's MBE's.
7) PMBR CD's or Flemings CD's and Outlines.

Here's how I began:

I developed a study schedule and stuck to it.  I studied 8 hours a day and got a good night's sleep.

I studied early and I studied two subjects per week. 

Once I developed my schedule, I listened to PMBR's CD's for each MBE subject to review the law.  I scheduled 1 Day per subject for review only.  Once I had completed my review of all subjects, I studied one subject for 2-3 days and rotated through all subjects at least 3 times.  With each rotation, I did more practice and less review of the law.

Knowing the California Bar Exam Essays:

It's more important to understand HOW the model answers are written and WHAT subjects are tested.  There's a formulaic way to write the essay answers in IRAC form and simple rule statements that are typically written in the model answers that the bar examiners expect.

I developed a grid of EVERY subject tested over the past 15 years. I organized every essay and model answer into 3-ring binders for EACH subject - Torts, Con Law, etc.  And, then I wrote 60 essays and formally outlined another 40.  I skimmed each essay to ensure that I KNEW each sub-subject that the bar examiners had tested.

For example, in Con Law, not only did I develop a 1st amendment templated answer, and a Commerce Clause template, but I also knew zoning law and some of the more obscure sub-subjects tested.  GO AHEAD, I thought, throw something at me that I don't know!

Adachi's "Bar Breakers" book is helpful but I don't like his answers.  Bar Bri model answers are helpful to ensure that the rules you get from the model answers are correct.  Answers from "The Recorder" are helpful but they are not simplistic like the model answers.  The model answers from the bar exam are not always correct so I wanted to ensure that I knew the black letter rules.

Always IRAC - Issue, Rule, Analysis, Conclusion.

TIP - PLAY THE GAME...and don't be a perfectionist. 

Knowing the California Performance Exams:

My strength is writing; I have been doing legal research and writing for licensed attorneys and judges in between three bar exams.  Performance exams are fun for me, because case analysis is what I do for a living.  That said, I took Essay Advantage offered by Bar Bri and found it immensely helpful.  However, what they offered for a small fortune was pretty simple.  I summarized my approach to the PT's in an earlier post.

http://changingvenue.blogspot.com/2011/01/performance-exams-tips.html

To prepare for the PT's, I wrote 4 PT's under timed conditions and analyzed my answers against the model answers.  I used a grid of all PT's tested during the past ten years to ensure that I knew the expected approach to all types of PT's - objective memorandums, persuasive memorandums, opening statements, closing statements, appellate briefs. 

If PT's are your weakness, I've also heard great things about Holtz'es seminars.

The MBE's:

Although I nearly passed the July 2010 exam, the scores were due to my writing and not to the MBE's.  In fact, in Feb. 2009 (my first abysmal attempt at the bar), I scored 103 on the MBE's after having taken PMBR's 6-day course and done 750 MBE's.

For the July 2010 exam, I did 2,250 MBE's under timed conditions, reviewed each question that I got wrong, and developed a journal of rule statements and MBE "triggers."  In July 2010, my MBE score was 106.

Thus, I knew that none of my methods worked.  So, I followed the advice of a friend who raised his MBE score from 107 to 139.  Here's how:

My friend began his studies early and took one MBE subject at a time.  He used MicroEdge.  Beginning with Contracts, he made sure that he understood how the MBE's tested each sub-subject.  For instance, offer, acceptance, consideration, third party beneficiaries, assignment.  He did NOT focus on how many questions he did - his focus was on the QUALITY of his understanding.  All told, he did 1,500 questions and rocked the MBE's.  (His weakness was his essay writing.)

This past exam, I studied Strategies and Tactics for each subject area, spending one day outlining each S&T section for each subject area.  I did 10 to 15 questions a day, and after answering one question, I then examined the answer and the explanation.  I journaled any rule and trigger statement that I got wrong.  As I got nearer the actual exam, I focused on my timing.  But, I began to study the MBE's without a focus on my time.  My focus was on understanding HOW the MBE's were tested.

In essence, I followed Bar Guru's Attack Plan and found that it worked well for me.  Instead of flashcards, however, I journaled my rule statements and trigger facts.

http://barexamguru.com/category/mbe-study-tips/

Mock Exams:

PLAY the game.  Schedule at least 3 mock essay exams and at least 2 full day mock MBE exams.  Do mock PT exams.  Do all mock exams under timed conditions and spend time analyzing what you did wrong and what you did right.

Study Partners:

I've been fortunate to have study partners.  We scheduled time to outline essays once a week and did mock exams together.  It's not necessary to have a study partner, but it's a heck of a lot less lonely.  However, if you and your study partner conflict, ditch your partner and go it alone.

Mental Edge:

Throughout my life, I have had difficulty with standardized tests. In fact, I scored so poorly on the PSAT's, that my high school supervisor told me that I was "too dumb to go to college."

Having read some nasty comments on repeater's blogs and Bar Exam JD, I have to laugh at the insensitivity and bold, egotistic statements from people who have passed the bar exam the 1st time and who state, "You're too dumb to pass the bar exam on your first try." It takes particular tenacity to repeat the exam and to face and calm one's own anxiety about one's ability to win the game. Many of us who may lack the straight linear thinking that seems natural for some people, are hardly "dumb." We are different. Viva la difference!

Although I was "too dumb" to go to college, not only did I receive a one-year's scholarship in a well respected MBA program and graduated with honors, I rose to the level of VP in a leading international corporation, made more money than most attorneys, and went to law school at night to pursue a second career. Although I was "too dumb" not to pass the bar exam on my 1st or even my 2nd try, I was "smart enough" to pass the exam on my 3rd try. So, to my fellow repeaters, my hats off to you for your tenacity. FOLLOW YOUR DREAMS and let nasty comments fall by the wayside.

Hypnosis:

The same friend who crafted his success to winning the MBE game, gave me tapes designed for the California bar exam which were developed by a hypnotist.

Every night, I played a CD which lulled me to sleep and reduced my anxiety. When I went to the exam, I repeated to myself, "You're a winner. You are confident, cool, and collected."

And when I faltered and couldn't remember the rules, I rubbed my thumb and forefinger together and repeated three times, "Memory, recall. . ." and let the issue rest, moving on to the next issue. I let my subconscious work and the rule statement for the issue rose to my mental surface and was available to me.

If you can, beg or borrow a good hypnosis program. I attribute the hypnosis tapes to helping provide me a mental edge.

Mom:

This past year has been extraordinarily difficult for me.  In May, my mother died.  In May, I was so poverty stricken that I had faced, for a few days, a reality of living in my car with my cat, Sherlock.  My friends - real friends - came to my rescue.  They sheltered me and Sherlock until I could find a new room to rent.  I had so little money, that I lost weight because I could not afford much food.  I am burdened by debt, that I am slowly paying down.  And, I used my last $400 to find a Motel 6 for the bar exam, and to pay for gas to get there. 

When I wanted to simply to cry...when I wanted to give up and give in. . .I thought about my Mom.  I heard her saying, "This time is your last time at the bar exam.  It's your last time because you will pass and move on with your life.  Don't give up.  I will die, but don't let that stop you.  Do this for me.  Do this for you."

I took my Mom's favorite ring to the exam.  It sat on the desk in front of me.  And when I was too tired to go on, I stopped - for a minute - and I took the ring in my hand and said, "Mom, give me courage."  And, like the lion in the Wizard of Oz, I gathered the courage that I had all along.

YOU can do this, too!

Sunday, November 20, 2011

More Thoughts on Passing the Bar Exam

Seeing my name on the pass list was surreal. I was so prepared for the news that I failed the bar exam, that I was unprepared for a different reality that I actually succeeded in passing the exam.

So, because my mail goes to a Post Office Box, I was now terrified that there could be yet another issue preventing me from pursuing my dreams.  Arising from a massive hang-over and a rebelling stomach, I pulled on my clothes and drove 30 minutes to the post office.  I opened my PO box with trepidation and pulled out mounds of mail.

And, there, in the midst of my mail was a letter from the State Bar Admissions Office.  My stomach rolled over...and my heart pounded as I tore open the envelope to find the following letter:

"Dear Counselor:

Welcome to the State Bar of California.

I congratulate you.  Admission to the California Bar requires applicants to meet the most demanding professional standards in our nation, and you have demonstrated that you meet these standards.  You passed the most difficult bar examination in the country, satisfied one of the most stringent ethics tests, and met each of the State's moral character requirements....You have reason to be proud of your hard work and accomplishments..."

This is what I have lived for the past eight years - five years in an evening law school program, the death of my father, the death of my mother - expenditures of thousands of dollars and enduring -- for the first time in my life -- poverty.

And, yet, I had faith in myself and in my dreams. . .

And, yet, despite all the odds against me, I succeeded in accomplishing my dreams.  Now, I shall look forward to journaling the creation of my own practice. . .

But, before I write about being a lawyer -- now that I can call myself that -- I will, as you have requested -- write about my game plan to passing the bar.  However, tonight, tonight I shall revel in my new reality and in setting my dreams in motion as the news of passing the California Bar exam sinks in and overtakes my soul.

Ah, and for those of you who are facing score reports and a different gut-wrenching reality, take heed and know that you CAN do this.  You CAN see your name on the pass list.  It takes hard work and it takes faith in yourself.  Believing is a good part of the passing equation.

What They Don’t Teach Law Students: Lawyering

http://www.nytimes.com/2011/11/20/business/after-law-school-associates-learn-to-be-lawyers.html

Follow your dreams

Last night, after a bottle of wine and a good dinner fixed by a friend, and my computer waiting near by, I felt sufficiently inebriated to deaden any pain.  My friend, another "repeater," looked up my results and exclaimed, "You passed!"

"What?" I asked. "What did you say?"

"You PASSED!"

She hugged me and I screamed and screamed and screamed.

And cried...

And looked at the screen for confirmation many times.

And this is what I saw. . .

The name above appears on the pass list for the July 2011 California Bar Exam.

For those of you who also saw the sentence above, CONGRATULATIONS!

For those of you who did not, believe in YOU.  It took me 3 attempts - You CAN do this, too!

Wednesday, October 5, 2011

Saturday, October 1, 2011

Text Messages and Evidentiary Procedures

California's continuing education blog talks about how an attorney gets text messages into evidence through 1) relevance, and 2) authentication.

And states the following:

"A prosecutor in Pennsylvania learned this lesson the hard way, having a drug conviction overturned because of hearsay text messages. As with all evidence, the key is authentication."

"Text messages can be authenticated under California law through:
•Direct testimony of a witness who saw the messages created or executed (Evid C §1413);
•Distinctive characteristics of the message itself (Evid C §1421); and
•Circumstantial proof of authenticity (see Evid C §1410)."

Or the text message can be self-authenticated via a reply.

As the bar examiners kept pace with the changing landscape of the law, it wouldn't be too strange to see a text message crop up in a evidence essay, now would it?

http://blog.ceb.com/

See "Evidence"

Wednesday, September 28, 2011

Obama Proposes Protecting Unemployed Against Hiring Bias

A new protected class, "the unemployed."

http://www.nytimes.com/2011/09/27/us/politics/obama-proposes-adding-unemployed-to-protected-status.html?_r=1

If Obama reviewed the statistics, he would discover that the largest percentage of the long-term unemployed are older people. Why aren't older workers better protected from hiring discrimination? That's the bigger issue that needs to be addressed.

Tuesday, September 20, 2011

Letting Go and Building Up Again

I've been having bad dreams about the bar exam. . .

Immediately after the exam, I played "catch-up" at my contract job, booking 20-hours in 3-days.  And, then another contract job rolled in (and a few more) and I found myself working 40+ hours a week (and billing for less.)

Having moved a few days after my mother died to "camp out" in the East Bay with a friend from law school, the only thing organized was my bar exam material (which was super-organized).  Now, I am pulling things out of storage, and and have reduced four boxes of files down to two, and found a shredding company (who recycles).  I gleefully watched as the last 11-years of my life was sucked up a conveyor belt with utility bills and bank records being ripped into pieces.

I am applying to full-time jobs and contract jobs with a fervor.  And, I advised my supervisor that she'd be receiving a questionnaire from the State bar as part of the moral character update.  A general counsel, she looked shocked and asked, "What's that?"  I confessed to taking the July 2011 bar exam (a fact that not many know.)  She was even more shocked.  I had to explain to this licensed attorney that the state bar investigates ones moral character as part of the licensing process and continues to do so until one is a licensed attorney.  (The person who was most shocked was me that I had to explain this at all!)

The jobs do not fill up my life like they used to.  I am too used to the intense concentration it takes to prepare for a marathon bar exam.  I would rather prepare for another exam, in another jurisdiction for February, then sit in this state again, lady-in-waiting for California's results. . .

But, then, again, where am I going to find the money to do it all again?

And, where, or where, should I take the exam?  I need to make a decision within the next two weeks. . .

Or, should I just dust off my California books, sign up for Multistate Edge, and consider the following... a good defense is a good offense!

My life is still hanging in the balance. . .

I am wondering if I can gather sufficient steam and money to take the exam in February in another jurisdiction. . .

Wednesday, August 31, 2011

Friday, July 29, 2011

The July 2011 California Bar Exam - Climbing the Mountain

I'm superstitious.  When asked, "Well, how did you do?"  My answer is, "I don't know."

I do know that I finished each section in time, and that I did not perform as well as I wanted on one essay exam.  And, that I recorded the wrong timing for the PT's, thinking that I had little time remaining, and rushed through, only to discover that I did have a little more time...I went back and filled in the missing blanks, corrected the numerous typo's and spelling errors. I won't make that mistake again (and, I hope that I am not presented with a new opportunity!)

Somehow, I seemed to know more, understand more, be more comfortable in "my own skin," as it were.  But, by the end of each day, I collapsed.

Upon reflection, I wonder how I even "bellied up to the bar" given my life circumstances:

In March 2011, I flew home to take care of my mother who returned home from the hospital after passing out on her kitchen floor.  I worked 24/7.  I cleaned house, cooked, ran errands, scheduled doctor's appointments, coordinated with the insurance company, and hired two private care-takers.  And, upon returning to California, I continued to coordinate from afar. 

A friend of mothers returned home early, from Arizona, to care for Mom.  We had a pact; after taking the bar exam, I would take over and care for Mom until she died.  But, my mother died 8 days after her friend came home...All things in order, my Mom was ready to die and looking forward to her life "in the after-world."  I, however, was not ready to accept her death.

I was living with a political activist friend in California.  I discovered that her activism (and her generosity) was at the expense (and generosity) of others; and, after breaking my car window, turning on the heat on hot summer days, disconnecting the microwave, and shutting off the Internet, that she had turned her activism on me.  My cat and I beat a hasty retreat and decided, if necessary, that we would live in my Civic, if push came to shove, and shower at the Y.  (I was amused when I did an MBE about a law school tenant who was similarly harassed by his landlord!)

When one door closes, another opens...a friend from law school that both my mother and I had assisted a few years ago came to my rescue.  My cat, Sherlock (named for his investigative mind), and I are now living in the East Bay in a funky, multi-story house, which is clean, bright, and modest.  While I suffered from near pneumonia for two weeks, my roommate made chicken soup and tea and helped nurse me back to health.  She did it again when I succumbed to a tooth infection.  Lacking health insurance, I've learned how to give in to my body and nurse it back to health.

And, when I was nearly financially destitute, a firm retained me for legal research, recognizing my skills, and affording me monetary relief just when I needed it the most. 

Always one to provide assistance to others, I have had to learn to ask for help.  Two more friends came to my rescue, cat sitting, providing food, listening, and, in fact, simply holding me when I broke down in a flood of tears after calling my mother's friends to let them know that she had died.

Last Christmas, my mother gave me her favorite turquoise and silver ring.  I took this ring with me to the bar exam; it sat on the table in front of me.  And, every time that I faltered, I looked at the ring and touched it.  "Mom, give me courage to make it through.  Mom, give me energy...give me stamina.  I am so tired."

So, in the scheme of things, I studied hard, in between working, moving, life and death, and I forged through.  In the scheme of things, the bar exam didn't seem quite so daunting as my life.  It is simply something that I hope that I mastered, or hope that I will master, because my niche is in the law.  And, I want, more than anything, to be a lawyer.  And, when I do, I won't forget what it's like to be in riches, and to be in rags.  And, I won't forget my friends.

My ability to even sit for the bar exam, this time, is due to my mother, her friends Darlene and Phillis, and to my friends, Richard E., Richard and Mary, Ida, Betsy, and Eric for without these kind and loving people, I could not have made it through.  So, to my friends, "Thank you."

Wednesday, July 27, 2011

Day 2 Done! Yeah!!!

Looking forward to Day 3.

Day 1 Done

I'm looking forward to NOT writing, today, but playing the MBE game.

Good luck.  Keep focused.  Day 2 is finally here!

Monday, July 25, 2011

You can do this!

And, yes, I'll be right there with you!

Thursday, May 19, 2011

Curve Balls

Sometimes one must make a hard choice, even though in one's heart one wonders how fair this choice is to other people in one's life.  In December 2010, I left the Midwest never to return again (or so I thought).  I left my ailing mother with a good insurance plan, and her paintings catalogued (for she is a fine artist).  She was frail but fiesty.  We had Christmas dinner together.  Mom told me, "Your mission is to pass the California bar exam.  This will be the last time that you take it.  Until July 2011, work hard, save as much money as you can, and then hunker down, study, and apply yourself.  You are so close, and I know how hard you've worked to become an attorney."

I turned my little car West, and headed cross-country, and I tried not to look back.  In March, I was called home to care for my mother after she returned from an emergency visit at the hospital.  After she was settled in, and I had hired private caregivers, I returned to California.  Everyday since then, I spent numerous hours coordinating with caregivers, instructing the insurance company, facilitating bill payment, ordering medical tests.  A family friend pledged to take care of Mom until the July 2011 exam was done.  And, I pledged to return to the Midwest to care for my mother after the exam was complete.

My mother was a brilliant artist, full of life, and loved by many people.  She was driven by her passions and goals.  Mom understood and supported me, even though I was doing this last push for me.

My mother died on Monday of cardiac arrest.  She asked the caregivers to leave.  She quietly laid her last will and testament on the living room sofa, and she lay down to sleep.  She never awakened.

Today I am sitting in California, having coordinated my mothers interment this Friday, and her memorial service in June, like a grand strategist moving the pieces according to my mother's last wishes.

I returned to the Golden State (whose sheen has worn off) on a mission.  And I hear my mother whispering to me, "Don't give up.  I am at home, free of pain, and at peace.  Move forward. Take and pass the California bar exam this time.  Do this for me."

Saturday, May 14, 2011

Model Answer to be Published in Los Angeles Daily Times, New Lawyers Supplement

Model Answer to Feb. 2011 PT B?  See more information via the link below.

http://barexamguru.wordpress.com/2011/05/13/coming-soon-free-stuff/

Reckless Indifference and Criminal Law

If you are grappling with criminal law and the felony murder rule, this documentary will not only make the laws all too real, but also leave you wondering is the law, itself, just?

http://www.recklessindifference.com/

What It's Like to Pass - Inspirational Video Captures Moment

http://youtu.be/bI1m_uZfH3c

For those bar passers, CONGRATULATIONS!

(I hope that this is me this next time, too!)

Friday, May 13, 2011

For Those that Did Not Pass, Get Back on that Horse and Ride it Again

Good advice for those who did not pass. . .

http://barexamguru.wordpress.com/2011/05/13/bar-exam-tip-what-should-i-do-if-i-just-failed-the-bar-exam-2/

Good Luck Today to Feb. 2011 California Bar Exam Takers

Here's hoping that you PASSED this (frigging) exam!  But, if you are staring at a screen that tells you otherwise tonight, or this weekend, take comfort that there are other brilliant people like you that took a number of attempts to pass this exam.  (And, I'm sure that once they passed, they didn't look back either!)

http://abovethelaw.com/2007/07/the-bar-exam-a-list-of-famous-failures/

Blogger is Baacck!

To my former bar study partner, and to all other February 2011 bar exam takers, I sincerely hope that you receive passing results tonight!

(I would have sent my well wishes sooner, but Google had some technical issue which precluded me from blogging. But, I'm back!)

Also, One Timers has answers to the February 2011 California bar exam.  The State Bar will post model answers within a few weeks.  So, take a peak at a bar review company answer by clicking on the link below.  I did an answer to the Evidence question last week - it was TOUGH!

http://one-timers.com/blog

Good luck!!

Wednesday, May 4, 2011

Yes, I Am. . .

signed up to take the July 2011 bar exam.

It took working as a legal secretary, a document reviewer, and a law & motion writer to save sufficient "pennies" to pay the admission fee.  Now, I am (I think) assisting an attorney to develop and market an extension of his practice in federal court, with dollars expected to roll in in a month or two, and just in time.

I have no health insurance and am deemed so poor as to qualify for medical assistance.  I was shocked when I went to a community clinic for the first time, to learn that I am officially "poor."

And, aside from losing my corporate job in summer 2008, with my income now at the lowest since my undergraduate years, I have wondered if I should stick to the law.  And, then I think that at what great financial and personal experience it took just to get through law school (which I loved) and how much experience I have gained in the law since then.  And, the faith my now dying mother has in me to pass this time.  (In fact, I wonder if she is weathering her health issues just to know if I did take the bar exam, but I don't think that she will live until results are meted out.)  And, how my mother's friends, and my "surrogate" father are still pushing me to pass this exam.  And, how my friends are, too.

So, a few weeks ago, I removed my bar exam books from my car (where they have occupied my back seat for a few months) and dusted them off.  A friend gave me the 2010 Bar Bri set of books, and I am ploughing through Volume 1 of the MBE's (unable to afford MBE software, for now).  I've listened to my PMBR CD's on Con Law, Crim Law, Crim Pro, Torts and Evidence, done a few hundred MBE's, and reviewed or written a few essays with many more to go.  (I am planning to write 48 essays, and outline another 52.)

And, for the first time, the MBE's (my bug-a-boo) are clicking for me.  Perhaps they are "clicking" because a friend advised me to do a question, look up the answer, and if I got the question wrong, to read the long BarBri outline pertaining to that specific area and read the outline to the end of that area.  (For example, Admissions in Evidence.)  She said, you'll find the nuances at the end of the outline, and this is what you'll be tested on in the MBE's.  Her advice was far better than the pat answers I have received, "You don't know the black letter law!"  Perhaps this was partially true.  They should have advised, "You don't know the nuances and the exceptions of the law well enough to apply them to the questions asked."  Now, I am enjoying the proverbial "Ah hah!" moment.

Moreover, I am not doing MBE's under timed conditions.  I am, instead, following the advice of BarNone Reviews MBE plan of attack.  This works well for me, for now.  By May 13th, I will have reviewed all the MBE subjects, and, at that time, I will begin to increase the number of MBE's per day and by end of month, to work the MBE's under timed conditions.

http://barexamguru.wordpress.com/category/mbe-study-tips/

For fellow repeaters, and new test takers, here's to our future success at the bar.

Thursday, April 28, 2011

February 2011 Bar Exam Questions and Results

http://admissions.calbar.ca.gov/LinkClick.aspx?fileticket=JFvwpE666g4%3d&tabid=2348

Results from the February 2011 administration of the examination are scheduled for mailing on May 13, 2011. Beginning at 6:00 p.m. (Pacific Time) on the date the results are mailed, results will be available to applicants through the Internet.

Employers Now Have the Burden to Prove to the EEOC that Employees Do Not have a Disability

http://www.businessweek.com/smallbiz/content/apr2011/sb20110427_112884.htm?campaign_id=smallbiz_related

Friday, April 22, 2011

Sign of the Times?

A First Amendment challenge by the owner of a toy store who claims that a city ordinance concerning signage in Walla Walla, Washington, is overbroad and unconstitutional.

http://www.inlandoctopus.com/post/1200533523/an-open-letter-to-the-city-council-and-the-citizens-of

Saturday, March 12, 2011

Lesson in Con Law and Criminal Procedure - Fed's can get tweets from WikiLeaks

http://www.washingtonpost.com/wp-dyn/content/article/2011/03/11/AR2011031106015.html

Tweets are public information, not protected for privacy by the First Amendment, and there is no Fourth Amendment protection for the internet protocol (IP) addresses because the government is not seeking content related to these addresses, but the addresses themselves.

Tuesday, March 8, 2011

How Do I Know What a Passing Score Is?

One of the reader's of this blog asked "How do I know what a passing score is?" as it related to the California bar exam essays and PT's.

Not having passed the California bar exam nor having the experience of regularly convening with a bar grader, I would be hard-pressed to answer this question. However, I do know that there is a service that provides actual California bar exam answers with different scores ranging from low (40 to 50) to high (70 to 80).

By subscribing to this service (see link below), one can determine what is a failing and a passing essay score from actual graded exams. 

http://www.baressays.com/

According to the founder/operator of BarEssays, "the website is now regularly used and recommended by former bar graders-turned tutors and several law schools in preparing their students for the Cal Bar Exam."

Monday, March 7, 2011

Comments from AdaptiBar (This is not an endorsement)

I heard from an Adaptibar representative this morning who reviewed this blog and who advised the following:

AdaptiBar MBE Simulator & Prep Program


AdaptiBar is an entirely online MBE prep program that consists of only 100% licensed questions from the NCBE. The database has just about 1,450 authentic MBE questions in total. AdaptiBar also has adaptive technology that assesses your performance and adjusts the presentation of questions based on your strengths and weaknesses. Other features include detailed subject performance and timing analysis, over 850 online MBE flashcards, and a free mobile app. Two program sessions are offered per year, February and July. One session is priced at $495, less any applicable discounts. Additional information can be found at www.AdaptiBar.com.

The free trial version allows students to view a sample of the MBE program. It consists of mock MBE questions, but is still a great way to see firsthand AdaptiBar’s features and setting options. The version starts you off as if you had previously answered 150 questions so the charts and graphs are not skewed. Registering for the trial version automatically gets you a $50 discount on your enrollment.

MBE Software - Soliciting Your Thoughts

MBE Software Survey

Have you, yourself, used MicroMash, Adaptibar or BarKey software to prepare for the MBE section of any bar exam?  If the answer is yes, please help share your experiences by participating in my survey. (See survey link on the top right sidebar to this blog.)

Summary - MBE Preparation Software

MicroMash MBE software has now been sold and is being marketed under the name MBE Edge.  The price has been reduced from nearly $900.00 to $395.00 plus state sales tax under an introductory price offer. There is also a new trial version with 50 questions in the trial bank.  The trial period is for 30-days.  Software has been upgraded for ease of use and with the full version of MBE Edge, one receives outlines and 500 questions in a printed book.

Adaptibar seems to offer the most flexible trial program, with 150 questions in the bank and a far longer trial period.  The price is $445 per session but usually coupons are available through law schools or repeater forums to lower the price.

BarKey offers a Demo version of their software with limited questions.  BarKey is the lowest priced at $299.00.

All programs use licensed bar questions from NCBE, questions that you can also get on-line from NCBE or through books like "Strategies and Tactics."

I am determined to crack the MBE nut, having cracked the essay and PT writing on the California bar exam. After doing 750 MBE practice questions for the Feb. 2009 bar exam and 2,200 for the July 2010 bar exam, I raised my MBE score by only 3 points.  I also journaled each question that I got wrong with the rule and the "trigger fact." Frustrated with the traditional exam preparation, I need better diagnostic results which is why I am looking into MBE software. That, and the fact that a good friend increased his MBE score from 105 to 139 on the July 2010 bar exam by using MicroMash.

Comments anyone?

Saturday, March 5, 2011

Shit Law Jobs

http://www.shitlawjobs.com/

Given that I was just retained for one of these jobs, I found this blog interesting.  Hey, it helps pay the rent!

Funeral Protests are Protected Speech - Great 1st Amend. Example for Bar Exam

http://www.stlbeacon.org/issues-politics/nation/108702-funeral-protests-are-protected-speech

DOMA Questions Coming to a Head in White's Courtroom - Violation of Equal Protection Clause?

From "The Recorder" ...

SAN FRANCISCO — U.S. District Judge Jeffrey White should immediately order the federal government to stop interfering with a Ninth Circuit U.S. Court of Appeals employee's effort to get health benefits for her same-sex partner since the Justice Department now acknowledges its actions violate the Equal Protection Clause, the employee's lawyer argued in a filing today.


http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202484192325&src=EMC-Email&et=editorial&bu=The%20Recorder&pt=The%20Recorder%20News%20Alert&cn=20110304&kw=DOMA%20Questions%20Coming%20to%20a%20Head%20in%20White's%20Courtroom&slreturn=1&hbxlogin=1#

Saturday, February 26, 2011

Registration Begins March 1, 2011

for the July 2011 California bar exam...

Friday, February 25, 2011

It's Over When it's Over!

We now close the chapter on the February 2011 bar exam. . .and wait for results.

As for me, the chapter will open in March 2011 as I begin to prepare for the July 2011 bar exam.  So to those bar takers, CONGRAT'S!  You are done!  And to those beginning (or soon to begin) bar exam studies, rest up!

Thursday, February 24, 2011

Day 2 of the February 2011 Bar Exam is Done!

Congratulations, you've made it to Day 3.  Now, pull out the stops for Day 3!  You are nearly done.  Yeah!

P.S. A friend of mine is taking two Ibuprofen pills before the morning and just prior to the afternoon session to ward off the shoulder and back pain.  It's working!

Tuesday, February 22, 2011

Day 1 of the February 2011 Exam is Over!

If you feel great about your results today, keep the good feeling going and bring it to Day 2. 

And, if you are doubting yourself, don't let this self-doubt affect you on Day 2 or on Day 3.  Treat each day of the exam as if it were a new day to shine and to demonstrate your knowledge and skills.  Go in with confidence, and if you falter, momentarily, or on one essay, let it go.  Do your best and really shine on the next essay.

As it relates to essays and PT's, I scan the essays quickly to determine which one is the most difficult and the most easy.  I write the essay that is in the middle-level of difficulty to get the wheels moving.  Next, I write the most difficult essay because it may require more time.  I write the easiest essay last.  It should require the least amount of time.

Now, go get a good night's sleep and eat a good breakfast before the exam tomorrow.  Sweet dreams and good luck!

Sunday, February 20, 2011

Go Well into the Februrary 2011 Bar Exam!

Having returned to California from Illinois, I have secured a temporary contract assignment as a Legal Secretary. . .I am reestablishing my life.  Under these circumstances, I decided to sit for the bar exam, for the 3rd time, in July 2011 while I have periodically been coaching or assisting my former bar study partner who, like me, failed the July 2010 bar exam with only a few points shy of a passing score.  Rather than being disheartened, both of us were encouraged to know that the exam can be passed; it takes one more try, one last push.

So, to my bar study partner and friend, if you are reading this, I know that you've made a serious effort to prepare for the February 2011 bar exam, and that you've had the best of coaching from our tutor.  I am behind you 100%.  You have perservered, again, despite many pressures that life has placed in your way.  Go into this exam with confidence (but not over-confidence).  Go in knowing that you are well prepared.   Be sure to do some zen-like breathing.  And, if you feel yourself lacking in knowledge on the essays, make up a rule and analyze the facts against it. And, may Lady Luck be on your side. It is my sincere hope that in May 2011, when you receive your results, you receive a passing score. 

To all other February 2011 bar exam takers, whether repeaters or "first timers," may Lady Luck also be on your side.

Wednesday, January 12, 2011

Performance Exams - Tips

I was asked to coach a friend on the PT's, which generally come easy to me.  A PT is no more than a scaled down version of legal research, case analysis, and legal opinion.  Prior to my first attempt at the bar exam, another friend convinced me to take a PT preparation course.  From this course, and from my own experience, I developed several techniques that assist me in approaching the PT.  Many, I find, approach the PT with dread.  Instead, try making the PT's a game.

So, here are my tips, for what it's worth -

First, skim the instructions and read the Memo to applicant.  Both will provide the tasks assigned to the PT.  Watch the weight (e.g. %) assigned to each task to ensure that you are providing the right emphasis to your analysis.  I place the Task Memo in the middle of my desk, in front of me, as a reminder concerning what to look for and write to.  Look at the instructions -- for example, if you are asked to write two separate memorandums, do so!

Secondly, know which side of the fence you are on - Defendant or Plaintiff.  Simple advice, I know, but sometimes, it's easy to lose this point.

I approach the Library first and then read the file, although I may skim the file to pick up a sense of the case before me.

In reading the library, I develop a brief outline by task, and refer to the issues, holdings, and rules of the case by page number.  I don't rely exclusively on my outline; it's simply a road map.  I will refer back to the actual rules and holdings by page number of the case.

Usually, within the first page of each case, the issue being decided is made apparent.  For instance, in PT B of Feb. 2002 (Adair), there were two tasks.  1) To write a memo on express assumption of the risk, and 2) to write a memo on implied assumption of the risk.  In reading the cases, these exact words were called out.  Thus, I wrote in the corner of the case, "A" or "B" to denote the memo that the case would support and note whether the case is "Good" or "Bad" for our client's side.
.
Organizing the Library
In reading each case, I note the Holdings as (H) and Rules (R) and the Multi-factor Tests (MFT's).  For example, in Feb. 2002 PT B, a multi-factor test in the Buchan case relates to the "public interest" test. 

Watch for cases within cases, footnotes, italicized and bolded words in the case.  Issues are generally triggered by the word, "whether," while holdings are generally triggered by the words, we...hold, believe, conclude, etc.

I develop a Task A and a Task B pile of notes and cases, so that I can easily reference these when I begin to write.

If there are statutes, I skim them to get the salient points of the law.  I copiously highlight in yellow, and pull out the rules, holdings, etc. using a blue highlighter, making notations on the side of the case.

After reading the library, I go back and read the file.  The library has already told me what's important.  I look for the same issues in the files and match these to the rules and the holdings of the cases in the library. Or to the salient statutes.

I reserve the last 1.5 hours to write my analysis, using the IRAC method.  Issue-Rule-Analysis-Conclusion.

After writing my PT, I quickly review to ensure that I addressed each task.  And, so that I don't forget little things like proper format (e.g. Memo's are addressed to the Law Firm Partner from the Applicant, etc.). Is a signature line required?

Last, I spell check my writing. 

I advise reading and writing a mix of objective and persuasive PT's, which call for different tasks - memorandum, memorandum of points and authorities, appellate brief, letter to opposing counsel, writing declarations, etc. And advise picking out PT's that hit different aspects of the law - torts, con law, wills & trusts, family law. . .

For the Feb. 2009 bar exam, I wrote 4 PT's and read one PT. For the July 2010 bar exam, I wrote 1 PT and read 4 other's. If PT's are not your strong suit, I would advise reading and writing at least 6 PT's and analyze them against the model answers. Did you pick up each issue, rule and holding? Did you refer to a multi-factor test? Look at the organization of the model answers. Examine how the model answers used headings, cases, holdings, and MFT's.

Attached is a photo of how I organize the PT. . .shades of the actual bar exam.  I've landed back in California, secured temp employment for a law firm, and am aiming to nail the bar exam in July 2011.


Organizing the file
Copies of the PT's and model answers can be printed from the State Bar web site.  See sidebar to this blog.

For my friends taking the Feb. 2011 exam, I hope that you "nail" it, too!