Since passing the California Bar exam in December 2011, I expected my life to go in a new direction, and it has.  The direction has been unexpected. On one hand, I have been doing substantive contract work for a solo practitioner in addition to other less substantive contract work.  This has parlayed into my being accepted into a pro bono program to help low income households with legal matters, and into an opportunity to be a judge for a law school competition.  And, I am developing a solo practice to be launched by end of 2012.  Slowly, brick by brick, I am resurrecting my life, developing new friends, and expanding my network of contacts. 

At the same time, I have learned painful lessons in my selection of friends.  Friendship must be built on truth and not on fabrication.  Still somewhat naive about people, I have learned that my innate trust of people is my biggest weakness and, as an attorney, my biggest short-fall.  It is the mind that must rule when one is a lawyer, and not the heart.  This should be obvious, but I am the same person that I was before I was licensed.  Now, I must build a shield around my "self" for there are those who attempt to manipulate lawyers for their own self-gain.  This, in itself, has been a painful lesson, and I have learned it well.

Moving on, I shall be the much wiser, and, I suspect that my shield will become more substantial.

Now, as it relates to the California Bar exam, it seems distant.  Yet, my book shelves are lined with the essays that I issue-spotted and wrote, and I still have my favorite bar books at the ready.  Having tutored a friend toward passing on her 5th attempt at the bar exam (Feb. 2012), I was proud to be at her swearing in. A notary, I'll be swearing in another friend; he passed the July 2012 bar exam on his first attempt and his moral character application has just been approved.  It will be an ecstatic moment for him and a honor for me to read him the oath to uphold the tenants of the law.

If my readers of this blog want an updated essay subject chart detailing the subjects tested for 10+ years, please send me an email and I will reply.

And, if my readers want direction in essay skills, I can be consulted for private tutoring.

Finally, the July 2012 California bar exam questions were posted over a month ago.  Check out the state bar web site to download a copy.  Exam results will be out next month.  To those exam takers, I wish you passing scores.

Johnny Carson, Turbans, and Crystal Balls

Yes, soothsayers have guesstimated that Civil Procedure, Criminal Law/Procedure, Professional Responsibility, Torts, Contracts/Remedies and Community Property/Wills & Trusts may be tested on the July 2012 bar exam, but then, who really knows?  Peruse the following blog for additional insights...

http://barexamguru.com/

Learning the Law From Real Life - Talk about Irresistible Impulse!

An old case that made headline news and in which the Defendant, Lorena Bobbit, was found not guilty by reason of insanity.  A little primer for Criminal Law/Procedure.  Homicide and insanity hasn't been tested for a while.  Perhaps the July 2012 bar is ripe for such a hypo? Who knows. . .but be prepared for anything and have fun re-learning the law with a little "real life" thrown in for good measure!

Learning through Real Life Examples

One of the remedies that can be employed to a legal matter is the equitable remedy of an injunction.  A great example of this is the battle between Apple and Samsung.  Apple was just granted a preliminary injunction against Samsung to "temporarily" prevent the sales of the Samsung Galaxy Nexus smartphone until the trial on the permanent injunction.  Apple's argument related to patent infringement.  You can secure the opinion directly through the court's website to learn more about how the judge weighed the elements required for an injunction and required Apple to post an over $95 Million dollar bond!  See opinion.

President Obama and Executive Privilege

I like to learn the law through real life examples of its application.  Remember when an Executive Order was bar tested?  Hint: July 2008 - Q2.

Constitutional Law - Doctrine of the Separation of Powers

Real Life Example of Tippee Liability - Primer for the Bar Exam

See: Goldman Sachs, Rajat Gupta, and Wiretaps

California Bar Posts the Feb. 2012 Essay Answers!

First, the good news!  The model answers to the Feb. 2012 essays and the PT's are posted on the State Bar web site.

However, the State Bar is currently changing its essay and PT exam links.  In the past, about ten years of past exams and model answers were available without cost to bar exam candidates.  Currently, exams going back to 2007 only are listed and there is a disclaimer on the Future Lawyer web site that states that they are changing their links.

If you need a set of essays and model answers for a specific year, the JD Web Site is a great on-line bank of California bar exam essays going back to the 1980's. 

The Game Plan - Part II

There have been many visitors to my post, "The Game Plan," thus I thought that I'd make an offer.

If you email me at the address listed on my profile, I will send my Essay Frequency Chart to you.  While this chart does not list sub-subjects for each subject, it can be used as a guide to select relevant Contracts, or Civil Procedure essays, and to help you pick out exams for your studies.

See my prior post, "The Game Plan."

http://changingvenue.blogspot.com/2011/11/game-plan.html

A new twist on posthumously born children?

Social Security Administration v. Caputo makes for an interesting read.  Nice segway into Community Property?

A new twist on posthumously born children?

I Passed! I Passed! I Passed!

I told my one student for the Feb. 2012 California Bar Exam, that the best news that I could hear was her screaming in my ear, "I passed!"  I was elated to learn on Saturday, May 19, that my student - a 5th time repeater - passed the California bar exam and just as proud to see her sworn in on June 1st to the state bar and to federal court.

It is possible to pass the California Bar Exam whether you are tackling the exam  for the first time, or have gone up multiple times to the plate.  Eventually, you will hit a "home run."  For me, the key to passing was to study the exam itself and become a master of it.  I learned the rules by studying the exam - both essay and MBE - and by concentrated practice.  Lack of practice seems to be the undoing of many a bar exam taker; there's too much concentration on memorizing the rules.  However, by practicing the essays and MBE's and by journalling (or developing flash cards of) the rules, the rules become ingrained and will be top-of-mind at exam time.  Remember the old adage, "Practice makes perfect?" The adage holds true.

So, to the July 2012 bar exam takers, practice, practice, practice!

Baring All

Now that the February 2012 bar exam is over, you will be playing the "waiting game."  If you played your cards right, come May 2012, you will be celebrating your being admitted to the bar.  And, if not, you will be sent a score sheet by the bar examiners - which you may be afraid to open -- and that you will need to face to determine a game plan for the next exam.

I'd like to give you courage should you not pass, to play the game again, by telling you my story.  I first sat for the bar exam in Feb. 2009.  I retained a tutor whose method I didn't really understand, whose lectures seemed alien to me, and whose comments on my essays were sketchy, at best.  This tutor, who shall remain unnamed, is a nice person with good intentions, but he was of little assistance to me.  I found myself in sea of law, reading the Bar Bri "phone books" which I purchased on-line.  I wrote 36 essays and attempted to memorize the rules.  To improve my MBE's - a huge weak point -- I took the 6-day PMBR course, which was helpful, and the Bar Bri Essay Advantage course which was also helpful but which really boiled down to a few salient points, all of which I used.  I wrote 4 practice PT's before the exam.

I failed the Feb. 2009 miserably.  One of the profs at my school looked at my score, sucked in his breath, and sighed loudly.  "You've got a long way to go..." and then he gave me a list of private tutors.  I don't think he believed that had I what it takes to pass the exam.

I could not afford - nor face - the July 2009 bar exam and decided, instead, to wait until the following July.

Prior to the July 2010 exam, a private tutor was recommended to me by a friend.  I began with this tutor but, part way through, life events turned against me and I was unable to afford the tutoring.  But, what I learned from this tutor was not to study the "phone books" or memorize the black letter law, but to discover the essay "templates" from the model essay answers published by the bar examiners.  He also advised me to do 25 to 50 MBE's daily -- under timed conditions -- and to "journal" each question that I got wrong with the "trigger facts" and rules.  This tutor's advice concerning the essays was spot on.  But, his advice concerning the MBE's didn't work for me.  While I made a 194 point improvement over my February results in the written score, my raw MBE score was only 3 points higher.  (To be fair to myself, the pass rate for the February 2009 exam was the lowest in five years.)

Going in to the July 2011 exam, I wrote 56 essays, analyzed another 52 by formally outlining them, and then did at least 10 MBE's under non-timed conditions per day, and looked up each MBE result, and journaled the trigger facts and rules for those MBE's that I got wrong.  I began to study in March 2011, and during this time, lost my place to live and had to move, worked 20 hours per week, and most difficult of all was that my mother died in May.  My mother was a huge influence in my life - she believed in me even more than I believed in myself - and she told me before she died that there was one thing she wanted me to do for me.  "Pass that **** bar exam!  Follow your dreams!"

Thus, if you think that there's a chance that you may not have passed the bar exam, dust off your books in April 2012 and begin a long term study plan.  Be methodical.  Leverage your strengths but work to improve your weaknesses.  Reference my blog article on "The Game Plan."  It's a plan that works but it also takes diligence and lots of it.  And, believe in your ability to win the game because you can.

Essays/PT	Feb. 2009	July 2010	Difference
1	55	60	5
2	60	72.5	12.5
3	50	70	20
4	67.5	55	-12.5
5	50	67.5	17.5
6	60	52.5	-7.5
A	55	70	15
B	70	60	-10
MBE	103	106	3
Written	1301.3	1495.355	194.055
MBE	1222	1284	62
Total	1273.5472	1421.3807	147.8335
% Pass	33.5	54.3

Feb. 2012 Bar Exam is Over!

I've had a chance to discuss how my student felt after the exam.  She said that the first essay on Day 3 (corporations) was really tough but that she breezed through the last essay (real property) because it was nearly identical to an essay the bar examiners had already given (years ago) and that I had assigned to her to write and review against the model essay answers.

She walked away feeling that her corporations essay was the weakest and that the MBE's (which are her strength) were difficult.  However, on balance, she walked away feeling that she knew more, and understood more than ever before which is a very good sign.  My student is a repeater and this was her 5th time up to bat.

For now, my advice is to put the books away, rest, relax, see a movie, ride a bike.  For now, give yourself a "pat on the back" for you "bellied up to the bar" exam, rode out the 3-day tide, and that, in itself, is a major accomplishment.

Cells Phones and the First Amendment

and police arrests.  Interesting article published by the ABA.  See link below:

http://www.abajournal.com/magazine/article/good_cop_bad_citizen_as_cellphone_recording_increases_officers_are_uneasy?utm_source=maestro&utm_medium=email&utm_campaign=tech_monthly

DAY ONE IS DONE

Yes, it's over!  And, again, I had to smile. 
When my student sent me a SMILE  -- :)  ---, I knew that she was A.O.K.

Remember one thing -- treat Day 2 as if it were a "fresh start."  Go in with CONFIDENCE and do the absolute best that you can.  GO OUT TO WIN THE GAME and if you get tired, or if you get stuck - LET IT GO!  Get your second wind, and MOVE ON.

PLAY THE GAME TO WIN!

GOOD LUCK on the Feb. 2012 Bar Exam!

My student and I met on Saturday to issue spot essay exams and cover off on her weakest areas.  While I was exhausted by end of day, she was pumped!  And, I mean really pumped! 

I, on the otherhand,awakened the next morning with bar exam anxiety and I'm not taking the exam!  (I guess that exam anxiety is something a bit hard to shake ever after you have your license!)

On Sunday, we reviewed the commerce clause, dormant commerce clause, privileges and immunities, first amendment, ordinances, etc.

After checking Bar Exam Guru's final predictions, we couldn't help but smile.  Exhausted after reviewing products liability in torts, we had hit every issue and every rule that we anticipated and our expectations were pretty consistent with BEG's predictions.

But, then, I have good intuitive feel about the exam AND I've developed an essay grid that goes back to 1983.  But, because predictions are like the weather, the objective is to prepare for anything that the bar examiners can throw at you, and to go into the game well-prepared. 

So, to my student, to my friends, and to my fellow bar examinees - GO FORTH AND ROCK THIS EXAM!

P.S. I'd love to hear the news when you pass!

Issue Spotting Before the Bar Exam

If you need a new batch of essays and model answers, I discovered another resource.  all4jds has a repository center on the Bar Exam, and under that, a page on the California Bar Exam where they house essay exams and model answers back to the 1990's!  Essay exams are also divided by subject so that you can zero in on Torts or Con Law or. . .

Now's the time to review essays, remember the rules, and wind down for the wind up on Tuesday.

Feb. 2012 Bar Exam Predictions - Part II

It appears that Bar Exam Guru is predicting:

• Evidence
• Constitutional Law
• Criminal Procedure/Criminal Law x-over (Murder)
• Professional Responsibility

with the last two essays up for grabs.

Corporations?  Short-swing profits?  10b?
California Civil Procedure?
Wills/Trusts with CP x-over?

Who knows?  My "student" and I will be doing a marathon essay review session this weekend.  Issue spotting and outlining on a white board all the sub-subjects of each area which hasn't yet reviewed or she's weak in.  I did this with my bar study partner the weekend before the July 2011 bar exam and hit joinder in Civil Procedure.  When we sat down at the actual exam, I had to smile.  Joinder was on the exam and  I was well prepared!

Objections to Make at a Deposition

Good to review when boning up on Evidence!  In fact, I recall that the July 2011 civil procedure essay began with a deposition - a little twist along with joinder.

http://blog.ceb.com/2012/02/22/i-object-know-what-objections-to-make-at-a-deposition/

Bar Exam Predictions - Feb. 2012

I'm been prepping my one "student" to expect certain essay subjects and sub-subjects, and scouring the Net for predictions.  See Bar Exam guru for more.

http://barexamguru.com/2012/02/20/california-bar-exam-predictions-on-the-way/

Winning the Feb. 2012 Bar Exam Game

I went to a party Saturday evening and when I was asked "What do you do?," I said, "I'm a lawyer."

Gosh, I'm a lawyer!  The reality of it hasn't quite set in.

"You're a lawyer?"

"Yes, newly minted, and this is the first group I've said that to!"

In 5 days, my first tutored student sits down to take the bar exam.  I have confidence in her and believe that she has all that it takes to rock this exam.

When YOU go into the exam, calm your nerves, and keep all distractions (including your self-talk) at bay.  Write down your timing on scratch paper and quickly skim each essay exam.  Strategize.  For example, I wrote the 2nd most difficult essay first to get my mind humming.  I saved the easiest essay for last so that I could dedicate a little more time to the most challenging "assignment."

Keep your eye on the clock.

And, if you see an issue but can't remember a rule, make up a rule statement, and analyze the facts against this made up rule.  You'll still receive points.

But, most of all, BELIEVE in you.  YOU CAN DO THIS!  YOU CAN ROCK THIS EXAM!

An Historic Day in California for Same Sex Couples

Proposition 8 overturned in California.  An historic day!  For more about the ruling, read the opinion.  (Good fodder for the bar exam, too!)

Boning Up on Searches and Curtilege - U.S. Supreme Court Opinion

The following is an excerpt from a just published opinion from the U.S.Supreme Court; U.S. v. Jones makes excellent fodder for a bar exam relating to Constitutional Law and Criminal Procedure.

"The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle registered to respondent Jones’s wife. The warrant authorized installation in the District of Columbia and within 10 days, but agents installed the device on the 11th day and in Maryland. The Government then tracked the vehicle’s movements for 28 days. It subsequentlysecured an indictment of Jones and others on drug trafficking conspiracy charges. The District Court suppressed the GPS data obtained while the vehicle was parked at Jones’s residence, but held the remaining data admissible because Jones had no reasonable expectation of privacy when the vehicle was on public streets. Jones was convicted. The D. C. Circuit reversed, concluding that admission of the evidence obtained by warrantless use of the GPS device violated the Fourth Amendment.

HELD:
The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment."

MBE Game Plan and an Unusual Offer

Sometimes I receive comments on my blog that are worthy of posting more than once.  Having (obviously) improved my MBE scores over the my past two attempts (but more than likely scored the highest on the essays and PTs), I attribute my MBE improvement to a few things:

1. Taking the pressure off and not doing MBE's under timed conditions.  Instead, I focused on one MBE at a time, and looked up the answer whether I got the question right or wrong.  In so doing, I learned the black letter law quite well AND I also began to understand the nuances in the manner in which the questions were asked.  I worked subject by subject - painstakingly - and I gave up my self-talk.  You know, the kind which goes, "I hate, really HATE MBEs."  Instead, I invented new self-talk.  "I love my MBE improvement!"

2. I heard such things as "Do 3,000 MBEs and you'll do fine!"  Well, I did 4,000 MBE's over two exams and I did not do fine.  In fact, I did very poorly indeed.  For this past exam which I (thankfully) passed, I focused on QUALITY and NOT quantity.  Although, I did do about 1,500 MBEs across all six subjects, I learned that my pace picked up and by the time that I sat for the actual exam, I had sufficient time to do 200 questions.

While my private tutor for my 2nd exam was excellent as it related to essay writing, his advice was not as helpful for MBEs.  Instead, I followed the proven method and result of my 2nd bar study partner (thank you, Eric!) and that of the Bar Exam Guru whose link in posted here under "Blogs I follow."

The Guru's MBE study plan and essay templates are excellent and, while I'm not endorsing their program per se, based on their posts, study plans and templates, they seem to resonate with my own game plan to out-strategize the exam.  See an excerpt of Lisa's comment below:

"We are giving away more handouts (essay templates and sample study plans) and we are offering scholarships for the February 2012 and July 2012 bar exam. . .The scholarships are based primarily upon financial need."

So, you why not give them a try! 

July 2011 Cal Bar Exam Essay Answers Posted - Really!

See link to the California Bar Exam Essay Answers ... now what's available is consistent with the state bar intent.

Yeah!

July 2011 Cal Bar Exam Essay Answers Posted!

Yes, well, unfortunately the link at the State Bar web site is currently incorrect (but the intent was obviously to post the answers.)

The link to the PT's and answers is correct.  So, at least you can examine the model answers for the PT's!

See link on the right bar of my blog to California Bar Exam essays and answers.