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.

Be Calm, Be Confident, Make Stuff Up.

Most of you begin the bar on Monday or Tuesday, so I want to leave you with just a few last minute words of wisdom.

First and foremost, if you do not know it by now, you do not know it. This is not an exam that you can cram for, and you should not be pulling all nighters. You need to approach Tuesday or Wednesday well rested, both mentally and physically.  This means that while you should be reviewing, doing some studying, cementing knowledge, it is not the time to do 200 MBE on Monday.

Speaking of MBE…

Do not second guess yourself. Most of the time wrong answers come from changing your answers. You think you know, you second guess yourself thinking “it can’t be THAT easy”, and you change a right answer to a wrong answer. You’ve graduated law school, you’ve been studying for months, so trust me, you know some law! Don’t doubt that you do!

On Essay….

There will be at least one essay question, or issue in a question, where you read the essay and have no idea what is going on. That is fine, but you still need to write. Trust yourself that you know 

SOMETHING and write. Maybe you won’t recall the law with 100% accuracy, or maybe you won’t remember every element, but put SOMETHING down on the page! Do not skip over issues because you are worried you won’t get it right – at least show the readers that you recognized an important issue.

Last but not least, get some rest. Eat well. Take today and tomorrow to plan your route, know where you will park, investigate if there are delays on public transportation, figure out what you’re doing for lunch. And relax. Go into the exam with confidence and calm, and do your best!

Don't panic! Or How to Effecitvely Memorize.

You have a week left before taking the bar, now is the time to really focus and make the most of your studying time. It might feel like an overwhelming task to learn everything you need to learn by the end of the month, as well as master the skills you need.

I often stress that memorization is not the key to succeeding on the bar exam, and I still stand by that. You need to know the law, and ANALYZE it, in order to pass. However, there are still some things you need to memorize. Memorizing rules of law is not easy for everyone, but sometimes it’s necessary. Hopefully I can impart some memorization tips!

1. Understand the things you memorize: First and foremost, strive to understand the things you need to memorize. Not only will you remember things with greater ease when you fully understand what you are memorizing, but you can not analyze something (remember, the most important part!) until you understand it!

2. Memorize in short time bursts: Plan your memorization time in short bursts of 5 or 10 minutes. Perhaps take some time out to memorize in between MBE questions, or in between practice essays. Bust out your flashcards in line at Starbucks. Sure, people will give you funny looks, but you won’t care after you pass! If you spend too long trying to memorize something, your brain just shuts down and you cease to be effective. No point in studying if you’re not being effective!

3. Memorize in short material bursts: See, your brain tends to remember the first and last things it takes in. If you shorten the amount of information you are taking in, it’s more likely to “stick”. This means pick one subject, and even one subtopic, to memorize at a time. For instance, you know you need to memorize the scrutinies for constitutional law. Start with strict scrutiny, and know that you will memorize JUST that first, and save the other scrutinies for the next memorization session. This tip goes well with the short time bursts; pick one scrutiny per commercial break!

4. Be vocal: Teach rules of law to your significant other, your roommate, your mom or your cat. Trust me, your cat needs to know what all the hearsay exceptions are, and will thank you later. Vocalizing something, even if you are just talking to yourself, helps with memorization.

Employing these techniques will not only help you spend your time memorizing effectively, but will also help you with your analysis. And remember, the analysis is the most important part! Good Luck!

Last Minute Advice on Essays

There is less than a week before the bar, so I thought I'd share a few brief tips on essays.  There are certain mistakes that all of my students tend to make, and it matters not what state you are in!

The point of the bar, besides torturing you and taking away your summer or winter, is to test whether you can be a lawyer. Not whether you know the law, that is what your Juris Doctorate signifies.  So how does one prove that you are capable of practicing law? 

First, issue spotting. The bar overseers want to ensure that when a client comes to you, telling you about their no good very bad day, you don't skip over some of their problems. Your first job as a lawyer is to identify the claims, or legal problems, since your clients aren't going to do it for you.

Next, lawyers analyze. Or, if you listen to lawyer jokes, we argue.  Yes, you need a conclusion, but it's not the most important part of your essay.  Focus less on the conclusion, and more on how you get there. Look at it as a "it's the journey not the destination" type of cliché!  In addition, remember that we all have a different perspective, and we all might view facts differently, so explaining how you get to a certain conclusion is going to help you gain points. It also shows the examiners that you can advocate for a certain point of view, which is what they are looking for.

Last, don't be afraid to write simply and use plain language. This isn't a law review article, and you're not going to win a Pulitzer. Ditch the flowery and overly verbose language. Think "how can I get my point across and move on", especially since the graders are reading your essay VERY quickly. You want your essay to be easy to read, because that makes them happier! It also makes things easier on you. It's ok to be repetitive, or to use a formula. I can assure you that if an English teacher would be horrified by your writing, you are likely on the right track!

Most importantly, this weekend do something  relaxing and nice for yourself. The bar exam is not something you cram for. You need to be well rested, both physically and mentally, for this marathon of an exam.  Get some sleep, clear your head, eat well......and then go kick butt!