Baking and the Law

Law is like baking. Or running. Or ballet.

Learning the law is a skill, and for some reason this isn’t obvious to most law students, or many practitioners. It’s viewed as  a lofty intellectual pursuit, where people can have very robust intellectual conversations about various aspects of the law. And sometimes it is, I suppose. But mostly, it’s a skill. And in your first year of law school, and sometimes second and third, you have to remember you are  learning a NEW skill and learning to master something you’ve never done before.

So, I present to you, how I learned to roll a cake.

See, I’ve been baking since I was a little girl. I started baking with my grandpa, learning to make banana bread, and brownies, and cakes. My mother also loved to bake, and mostly learned from her father. And she loved to decorate. My birthday cakes were the envy of the neighborhood. She also taught me to work with chocolate. I bring all of this up because I don’t consider myself a baking novice. I’m not an expert, but I thought I had skills. So, when my British husband declared that he really missed yule logs (which can be purchased in the US, but the store bought is never the same I guess) I leapt at the challenge to master a new baking skill.

So, I first watched about 3 videos on “how to roll a cake.” I learned that you 1) use a jelly roll pan (thinner pan, like a cookie sheet), 2) put the cake RIGHT away on a towel, and 3) roll, and then 4) unroll and frost, 5) roll the cake again.  I watched the video for tips, and soaked it in. I paid attention to what kind of towel to use, whether to use parchment paper, how warm the cake should be, and I felt ready. I used my normal chocolate cake recipe, and got to work. You see, I’ve baked cakes so many times before, and I really like my recipe. I’m comfortable with it too.  I was excited, and got to work. Baked the cake,  put it on the towel, started to roll, all seemed to be going well. I set the roll aside to let it cool. I felt pretty pleased, and was excited to unroll it and frost. But, it came unrolled in pieces. Delicious pieces that I ate, I’m not a fool, but it wasn’t supposed to unroll in pieces. (There is also a note here on how failure CAN be delicious, so long as you learn form it)

The cake just fell into pieces!

So, the next day I decided to try again, after all, it’s what one does. I asked the internet for more advice, watched a few different videos to see if I could learn anything new. The only thing I picked up was that I may have rolled it while it was TOO hot. So I did everything the same, but waited until it was warm, instead of hot. Rolled it again. This time it came out in LESS pieces, but pieces just the same. My husband and I were delighted to eat the mess, but I kept pondering what I needed to do to roll this cake.

I’m not going to lie, this was frustrating. True, I was enjoying the delicious cake, but it was still frustrating to not get the results I wanted.

So, instead of just watching videos on the actual rolling of the cake, I opted to go look at some yule log, swiss roll, or roulade (all rolled cakes) recipes. I noticed something strange; the recipes were not like my recipe at all. The ingredients were vastly different. So, I picked a yule log cake recipe, and tried again. This time it worked! The different recipe meant a different cake consistency, so a better roll!

So, why does this matter? Why is this like studying the law? Well, first and foremost, I went with a preconceived notion of what I knew, or what I could do. It took two attempts before looking back and thinking that might need to change my initial recipe. But that made all the difference. Often, students come in with a preconceived notion of what they know, or how to study, or even how to write. They are often shocked to find out that the writing is vastly different from what they knew prior to law school, or even what they considered good. Remember, my sheet cake recipe is delicious, and undisputedly so, but it didn’t work for what I wanted to do, which is to roll the cake. That doesn’t mean that it doesn’t make a great sheet cake, it just doesn’t work in THIS context. This is similar to your writing; your prior writing skills may be great, and work for some things, just not law school essays. You might also think you know how to do certain things very well, maybe you even took a constitutional law or business law class in your undergraduate years, or worked as a paralegal. But that information might not work in THIS context.

The second thing to take away from this is timing. I wanted to make the cake for Christmas.  But, as I’d never rolled a cake before, I started practicing in September. Plenty of time to practice, as it wouldn’t make sense to roll a cake for the very first time the day I needed it to count! In a similar way, you would never write a law school essay the very first time on test day! You practice, and probably starting in September as well!

Lastly, you should take away the importance of tenacity. I finally perfected the cake in time for Christmas eve, but much  to the delight of my husband, it took about 8 cakes total to perfect. You should be practicing roughly the same amount of essays, sadly, they are just less delicious. But the idea is the same, you practice an essay, look for ways to improve it, write another. Work on mastering more law, work on perfecting your writing technique, and keep doing that until you are certain you can do it in timed conditions for an exam.

Waiting...will it unroll and roll back properly?

Success!

Decorated, on Christmas Eve, with ganache and chocolate holly!

This Autumn I’m working on chocolate collars, and chocolate flourishes. Remember I said my mother taught me to make chocolates? Well, that was using molds, which means you essentially pour chocolate into, well, molds, and let them sit. There is a skill, but it’s fairly basic. A chocolate collar, or flourish, requires what is essentially freehand drawing with chocolate. I tried my first “collar” today, and it’s far from perfect. However, I’m already planning on altering my technique next time. I initially tried with a piping bag, and didn’t have the control I wanted. So, I used a bottle, but it was too large and had too much air. So, my takeaway is perhaps a smaller bottle. The point is that you shouldn’t be afraid to mix up what you use. Even with different classes, you might use a different style of outline, or a different way of taking notes. That’s ok, and I encourage you to keep altering things until you find the tools and style that work for you.

If you don’t like my  baking analogy, I could have written the same thing about ballet, running, football, knitting, or any number of skills you need to master. Practice DOES make perfect, so does learning from your mistakes.  And I promise, failure is delicious if you use it as a learning experience.

A far from perfect chocolate collar, but I know it will get better!

First Year Glossary

If you are just starting law school, and you are feeling a bit overwhelmed by the new vocabulary, here is a little something to help.

I also have it in word and pdf if you request and ask nicely!

https://lawprofessors.typepad.com/academic_support/2019/08/guest-blog-first-year-glossary.html

A Note on Essays

First, the key to mastering bar exam essays is practice. This can’t be stressed enough, practice really DOES make perfect. If you are taking the MEE, you have 30 minutes to write an essay. That is a SKILL, and all skills should be practiced. It might feel tedious, but resist the urge to just outline essays, or just read sample answers. Write essays out fully, as if it were the bar exam. Practice what you are going to perform.

Having said that, a few general tips based on common errors I see when I’m giving feedback:

Legal terminology: Use legal terminology, or terms of art. This might seem obvious, use the correct terms for things. For example, write actual causation, not “but for” causation. You can explain actual causation by using the term “but for”, but if you can, start with the accepted legal term of art. (however, on the day of the exam, if your mind goes blank, and you are struggling to think of the correct legal terminology, of course, just say “but for”, or whatever term comes to mind.)

Use the facts and explain them, even if it seems obvious: The hypothetical that you’ve been given has been created with certain facts for a reason. If you aren’t using most of the facts in your hypo, you are either missing issues or leaving out key analysis. Checking that you’ve used facts will also help prevent your analysis from being merely a conclusion. This often means explaining your reasoning, if it seems very obvious that something is, indeed, offensive. It might not be obvious to the grader, so explain!

In addition, you aren’t required to bring in things that are not in the fact pattern, so while some inferences are necessary, try to avoid making too many. Remember, you only have 30 minutes!

Use numbering: If the hypo has multiple calls of the question, and labels them as 1, 2, 3, or 1a, 1b, 1c, your answer should be labeled accordingly. This might seem minor, but it is important. It makes reading your essay easier, and shows that you’ve paid attention to detail.

Headings are not issue statements: Headings are useful, and I encourage them. However, they are not issue statements, or conclusions, and should not be part of your paragraph. For example, a heading could be “Battery” while the first sentence of your essay should be “The issue is whether Bob committed a battery” or “Bob did commit a battery when he punched Jim.” 

Take one issue at a time: Try not to lump your issues together. Most of the essays I read are good at separating out the larger issues, or claims. However, they still lump together too many elements. So, for example, if you are discussing negligence you want to state the general rule for negligence, then you might have a separate IRAC for duty, for breach, etc. That doesn’t mean you always need to do that, but if you need to explain the rule for duty, make sure it’s a separate issue. 

Finally, PRACTICE. Again and again. And, on the day of the bar, don't be afraid to write a rule that's less than perfect! Good luck! 

So you just finished your simulated MBE

Pause and take a deep breath. Maybe go for a walk or treat yourself to some fro-yo. Remember that the bar is a marathon, and today’s exam was a step in the right direction. 

Let’s now look at the cold, hard truth. By the end of this month, on the actual MBE, you should be answering around 140 of 200 questions correctly and scoring around 70%. Remember that there is no “passing MBE score” because your essay scores will also count as well, but, mathematically, you need to be scoring between 65 and 70% to pass. 

If you didn’t do well on the simulated MBE, there is still hope! I’m not just going to sit back and tell you everything is going to be ok because you will need to do some significant work to  improve your score (and your confidence), but I will give you the tools to help!

First, check your mindset. The simulated MBE is a practice test. It is a dress rehearsal and an opportunity to learn. Use this to gauge where you’re currently at, and a tool to figure out how to prioritize the rest of your time to improve. . 

Next, sit down and “track” your results. Where are you doing well, and where are your weaknesses? This is called directed practice and it’s how people become experts.  I realize that seems obvious, but it’s so tempting to look at a less than ideal score, throw up your hands and go “I need to review my outlines without a sense of direction or purpose.  

When you track, look at big topics AS WELL AS subtopics. Maybe your tracking of contracts questions shows you that you’ve got a grasp on contract formation but you don’t always get contracts damages right. Well, now you know you need to work on contracts damages! This will help you focus your studies.

Also, when tracking, think about why you got a question wrong. Did you really not know the law? Maybe, but at this point it’s more likely that you DO know the elements of battery and something else is going on. Did you read too quickly and miss a fact? Did you not think a particular fact was important? Did you misunderstand the call of the question? Did you narrow it down to 50/50, and you’re not sure why one is better than the other? Find your weaknesses, and figure out how to fix those.

Next you’ll want to look at the answer choices. Are there distractors you keep falling for? Are you missing the importance of an “if” versus a “because”? If so, take note, and remind yourself of those patterns. 

Finally, make the most of the exam and figure out what can you learn from each and every question. Practice tests test your knowledge and provide a valuable learning opportunity. You can learn from each wrong question; it can be something general, like a reminder to slow down and read carefully, or it can be a specific nuance of the law or strange exception. Either way, look at them as a learning opportunity, and your score will start to improve. 

Remember: with careful and intentional review of your exam results you will be able to improve your score!

If You're Feeling Overwhelmed by Bar Review........

A brutally honest fact to begin with - statistics show that the more bar prep course a student completes, the higher their chances of passing. For every single percentage point of your commercial bar course that you complete, your chances of passing the bar also increase.

However, whilst it is true on a general level that you need to be working hard to cover as much of that course as possible, it is also worth remembering that you are not a statistic. Students are unique individuals, not numbers. Most importantly, whilst working hard, you need to ensure that you keep your health and sanity for the end of July.

So, all that being said, here are a few tips if you find yourself getting overwhelmed:

1. One thing at a time. The best thing to do when feeling overwhelmed is to take one step at a time, and DO one thing at a time. Yes, it’s good to have a big picture idea of what you need to accomplish between now and the end of July, that’s what will keep you on target. But, on a day to day basis, you need to focus on what you can do in the next 5 minutes, the next hour, the afternoon. Make lists for yourself, or use the ones given to you by the commercial prep companies (which are usually online) and tick one thing off at a time, even if it’s a small thing.

2. Prioritize active learning. Don’t get bogged down in reviewing outlines, making outlines, making flashcards, etc. Your priority should always be practice essays (especially if you will get feedback) and practice MBE questions, not to mention, practice MPT. As for the law, of course you need to know it, and remember it, but you will remember it better by writing about it, with a unique fact pattern, then you will simply by reading the law, or even putting it on a flashcard. Succeeding on the bar exam is a SKILL, so you need practice. You wouldn’t prepare for a hockey game simply by reading about hockey; you’d get on the ice and run skating drills, you’d have practice games. The bar isn’t really any different.

3. Extra Questions. I often get questions about whether students should be doing MORE, or a good source of extra questions. The right answer to this is going to vary from student to student. I always think more questions are better, in general, and varying the types of questions you are doing can be beneficial. However, you don’t need to pile on extra books and questions for the sake of doing so. Focus on getting through your normal schedule first, if you get through that, and you are not completely exhausted, then consider extra sources of questions.

4. Don’t pay attention to what everyone else is doing. Remember, you are not a statistic, and there is no cookie cutter bar student. Comparing notes with others on what works, or what doesn’t, is fine, but don’t judge yourself by how many hours someone else is in the library, or how many sample questions they are doing, or whether they’ve bought 10 extra books. This is like the first year of law school; everyone is different, and you might be working at a different pace, or in a different way, from someone else. That’s ok!

Remember you still have almost 5 weeks, this is not a sprint, it’s an endurance race. That means pacing yourself. Working hard, yes, but also remember that working smarter is more important than just working harder.

Good luck, you got this!

Bar Season is Upon Us!

Many of you have recently graduated, congratulations! You should be very proud, as you’ve survived 3-4 years of law school! Now, just one more thing – the bar exam!

I know you’re all well aware of the task that you face, so I’d like to offer a few words of advice.

1. Take care of yourself.

I’m being very serious, you are no good to the bar exam if you are not physically and mentally well. Studying for the bar is not a sprint, it’s a 10 week or more process. This means you have to eat well, sleep well, exercise (if you normally do so), and find coping mechanisms for stress and anxiety. Studying for the bar exam is difficult, and time consuming, but it doesn’t mean you don’t have time to keep up with the basic things that keep you well.

2. Schedule study time, and be specific.

Right now, as you begin the process, set up a study schedule and study plan. Set realistic goals about what you’d like to get done. Factor in time to see friends, from time to time, or go for a run. Be detailed in your planning. Don’t just carve out time to “study”; carve out an hour to do 30 MBE questions, or 2 essays. The more specific you are in your planning and goals, the more successful you will be.

3. Practice.

Practice really DOES make perfect, it’s cliché for a reason. Succeeding on the bar exam is a skill, and I can’t stress this enough. Writing an essay in 30 minutes is a skill. Tackling MBE questions is a skill. Completing a performance test in 90 minutes is a skill. Yes, you absolutely need to master the law, and that takes reviewing outlines, making flashcards, creating charts, and so forth. However, you must make practice questions, MBE, Essay, and MPT, a priority. You will not master the skill of writing an essay in 30 minutes merely by outlining, or by reading sample answers. 

4.  Don’t try to master EVERYTHING. 

     You have quite a few subjects to get through, and the more law you master, the better. However, you can’t expect to be an expert on every bar tested subject. That doesn’t mean that you blow off subjects, it means that you study smart. Think about the subjects that are tested more frequently, as well as the subtopics. Spend more time on them.

5. Take care of yourself.

      No, you’re not already losing your mind from study stress, this one is just that important. You have to take care of your physical and mental health, otherwise you will not perform as well as you need to on the exam.