Hello, if you would like to reserve a space in our upcoming free, “How to Pass the California Bar Exam” Workshop, complete the reservation request form below. The workshop will be held on Wednesday, May 22nd in Los Angeles. Please understand that space is limited. Reservations will be provided on a first-come, first-serve basis. For more information, see my earlier post: Free Score Review & Free Workshop
California Bar Exam Tip: What to do if you fail the California bar exam
Hello Everyone,
The following post is a reprint of “What to do if you fail the California bar exam”. Given that this is a timely topic for many, I am re-posting it here.
Good luck to all of you who are re-taking the bar exam!
If you have failed the bar exam, keep in mind that you are in good company. Also, realize that the bar exam is not an IQ test. Many very bright and hardworking examinees fail the exam. If you have failed, you will need to do the following:
1) Get past being devastated as quickly as possible – as harsh as this sounds, you really do just need to get back to work as soon as you can. Those that do, have the best chance of passing the next exam. Start by doing MBEs.
2) This is going to hurt, but – find out why you failed - this starts by getting your scores back from the bar. The bar will automatically mail score sheets to all examinees who failed the bar. This usually takes 1 – 3 days after bar results come out (so, for those of you who failed the February 2013 exam, it could be as soon as today – May 18th). When you do get your scores, don’t panic and don’t make assumptions about any one section. You will receive both a raw score and a scaled score. Take the time to read the materials that come with your score sheet that explain the raw and scaled scores. See also, other posts on this blog about making it to re-read and interpreting bar scores. And, if you need help interpreting your scores, you can get it free through Bar None Review barnonereview.com (You can fax your score sheet to: (562) 394-9278 or email it to pass@barnonereview.com). Please be sure to include your phone number with your score sheet.
3) Commit to taking and passing the next exam- in almost every case, I would recommend taking the very next bar exam. Obviously there are sometimes reasons to sit out a bar exam administration – but in most cases, the best advice is to take the very next exam. Think about it, the material seems like it has fallen out of your head right now – just think how hard it will be to put it all back together if you wait another six months – that would be a whole year since your last review – not a good plan.
4) Develop a plan of attack- Your plan might include taking another bar review course, hiring a tutor, or continuing your studies on your own. There are many courses available (assuming you already tried barbri) that cater to different needs – small classes, private tutorials. Do your research and due diligence before enrolling in a course. Ask for references, ask to see the course materials before enrolling, make sure the bar review provider is a good fit for your needs. And, don’t abandon your common sense – if it sounds too good to be true – it probably is. But, whatever you do (take a course or study on your own) make a plan – figure out how many hours you will study each day, where you will study, how long will you have to review each topic, how many essays you will write each week, how many MBEs you will do each day, how many PTs you will write – figure it out, map it out and develop a plan.
5) Work hard - no matter how hard you worked the first time, you are going to have to work just that hard again. And, if in your honest assessment of your prior bar studies you conclude that you did not work hard enough – well then you are going to have to work harder. There simply is no magic bullet.
6) Consider attending one of our free bar exam workshops - Our next “How To Pass The California Bar Exam Workshop” will be held on Wednesday, May 22nd in Los Angeles. For more details, and to reserve your space, please contact us via email at: pass@barnonereview.com or contact us by phone at (213) 529-0990. Also, visit our link in the upper right hand corner of this blog or click: Upcoming Free Workshops for more information.
All the best of luck to everyone taking the July 2013 bar exam,
Lisa Duncanson
Program Director/Founder
Bar None Review
(213) 529-0990
barnonereview.com
California Bar Exam – This is why I do what I do . . .
First of all, thank you for following the blog. It is quite a humbling thing to hear from so many of you, I really appreciate it.
And, this email just came in from one of our students who took our Two Day Bar Exam Cram Session . . . this is why I do what I do (so rewarding):
(Click on the image to see the full text and a larger view)
Our next Bar Exam Cram Session for the July 2013 Bar Exam will be held on Saturday, June 1st and Sunday, June 2nd.
Stay tuned for more details on enrollment. Additional dates will be held in July.
Locations include: Los Angeles, Irvine and San Francisco.
February 2013 California Bar Questions: Update
Hello All,
Good news! The California bar made the February 2013 essays and performance tests available to the Los Angeles Daily Journal today. As a result, the questions will be available in the Los Angeles Daily Journal’s Bar Results Issue. While the public release of the questions on the California bar exam website may still not happen until a later time, at least you will be able to access these questions, along with model answers written by various bar prep providers, online through the Los Angeles Daily Journal’s Bar Results issue.
I have received a copy of the essays and performance tests this afternoon.
It was definitely not an easy exam . . . but, then it never is . . .
All the best to those of you who are awaiting bar results – your long wait is almost over!
California Bar Exam Delays Release of Exam Questions
Twice a year the Los Angeles Daily Journal publishes a Bar Exam Results Issue of their paper. This issue is specifically geared towards those who are about to take, and who have just taken, the bar exam. In each issue (it is published twice a year to coincide with the release of the California bar exam results) the Los Angeles Daily Journal publishes the California bar exam pass list (all of the names of those who successfully took the most recent bar exam). Everyone waiting for results from the February 2013 bar exam certainly hopes to be on that list. The paper comes out just a few days after examinees receive their bar results online.
Years ago, examinees did not get the news that they passed by going on the internet. Instead, we got letters. When I passed the bar exam in 1994, the California bar examiners did something new – they set up a staff to answer the phones and we were allowed to call in and get our results over the phone. It took me 45 minutes to get through . . . what seemed like forever. We still got a letter (a few days later) and we still had the Los Angeles Daily Journal (and even some other newspapers) that published the pass list. For some, before you could get your results online, the Los Angeles Daily Journal was the first place that an examinee would learn whether they passed the bar exam or not because the letters did not always arrive before the pass list came out in the paper.
So this year the Los Angeles Daily Journal will be publishing, as they always do, the pass list from the most recent bar exam. However, what you will not see this year, is the publication of the most recent bar exam questions. As some of you know, the past questions (all six essays and both performance tests) are published in The Los Angeles Daily Journal’s Bar Results issue along with “model” answers. The model answers are typically written by individuals who do bar exam prep. I write pretty much every year and have for I think a decade now. I enjoy it and it has been an honor to be chosen year after year to write for the Los Angeles Daily Journal.
But, this year, the California bar will not release the questions from the February 2013 bar exam until “sometime in July”. This is unusual. I do not know the reason. But, it is what I am told. And, as a result, The Los Angeles Daily Journal’s Bar Results Issue will not contain the questions or model answers to the most recent bar exam. Instead, they will publish the questions, along with model answers, from February 2012. I will be writing an answer to Question 2, the Constitutional Law essay.
It is an interesting turn of events. I know first hand from my work with repeat bar takers, that examinees who have failed will be very interested in seeing the test questions from their most recent exam. And, there is always a high degree of interest in seeing “model” answers so that a person can get a sense of where they might need to improve and gain insight as to what went wrong.
It is not impossible to do this without the actual test questions, but, it will be harder. The same skills are required to pass the bar exam each bar round. As a result, it is not a requirement to see the past set of essays and performance tests in order to succeed on the next exam. However, psychologically, I think that for examinees who find out they have just failed the February 2013 bar exam, I do think it will be harder not being able to see the actual questions until sometime in July.
*Note: I have not spoken directly to the California bar regarding the release of the exam questions. I learned this information the same day the Los Angeles Daily Journal learned that the questions would not be available in time for their Bar Results issue that comes out in May. The California bar may decide to release the questions earlier than July. However, at the moment, this is the information I have been told – that the questions will not be released until “sometime in July”.
Bar Exam: Coming Soon – Civil Procedure on the MBE!
Hello All,
In case you haven’t already heard, Civil Procedure will be added to the Multi-State Bar Exam in 2015. We have been preparing for this important change since it was announced by the NCBE. See the New York Law Journal’s coverage of this important change to the bar exam here.
And now, something completely different . . .Some favorite tweets from some of our followers . . . Makes me smile . . . 
@barexamguru Lisa, thank you so much to you and Viktoria for all your help and support!! You’re amazing!
— Diana Elizabeth (@ItsFabulousD) March 2, 2013
Many thanks to @barexamguru. After 16 years since the last #barexam! — Justin Wineburgh (@JustinWineburgh) March 2, 2013
@barexamguru loved reading your blog over this past bar! — Bianca Styles (@Swtladee) March 10, 2013
@barexamguru Huge thanks for all your wisdom, it is so appreciated! Adding my email to your list to stay posted throughout the exam!
— Kate (@mskatykate) February 25, 2013
@barexamguru my pleasure! I read your blog & watched ur youtube videos. Helped me a lot. And others, too. Thanks for being unselfish.
— bassmumma (@bassmumma) March 10, 2013
Day Three Essays: Update And Some Reassurance . . .
Hello All,
Congratulations on being done with the California bar exam!
By now you are hopefully resting and putting this test behind you . . . at least for the time being. I know it is hard not to re-hash the exam. But, if you can, do your best to let it go and not think about it (easier said than done).
I want to take a moment to address some concerns about Essay 5 and whether it was a straight Civil Procedure essay or Civil Procedure with a light Evidence issue. First of all, I have NOT seen the actual question . . . so I can only go by what examinees have reported to me (so many of you have graciously provided your accounts of what was tested on each exam day to me via email, and I truly appreciate that). However, since I have not actually seen the essays, I can not be certain of what was actually tested. I personally think that there may have been a relevance issue (from what I was told). But, this could be wrong.
The most important thing (whether you consider an issue to have involved evidence or not) is that you solved the problem (what ever it was). That is the most important thing.
The exam is over and now you can move on to other things while you wait for results.
There will be much said about this exam (as there always is). I personally think that the best thing is to put it behind you and know that you did your best and simply let it go for now.
Thank you again for following the blog and thank you to all of you who wrote in and said such nice things.
Please feel free to comment or to contact me at: pass@barnonereview.com if you have any questions – I would be happy to address whatever I can.
Until next time . . . wishing you all the very best!
Lisa Duncanson
California Bar Exam: Day Three – Reaching the Finish Line!
Hello All,
By now you have taken essays 4, 5 and 6 and know that Essay number 4 was Product Liability, Essay number 5 was Civil Procedure crossed with Evidence and Essay number 6 was Business Organizations (Partnerships and Corporations) all appeared on today’s exam.
I would not be surprised if today’s PT involved Constitutional Law . . . but, of course, anything is possible . . . including some Professional Responsibility.
I am anxious to hear what was on the Performance Test. So . . . when you have a chance . . . and if you are so inclined . . . please email me at: pass@barnonereview.com with any details.
Al the best to all who are taking the exam today!
Sincerely,
Lisa Duncanson
California Bar Exam Tips: Possible Cross-Over
Hello All,
I have received a number of emails asking for an example of how Professional Responsibility and Torts could show up together on an essay.
Here is one example of a possible scenarios of Torts and Professional Responsibility tested together as a cross-over:
Abuse of Process, Malicious Prosecution and Professional Responsibility: One past bar exam fact pattern tested Process Torts in the context of PR in this way: Attorney is hired by client to sue on their behalf for a Tort cause of action (past exams have included defamation or negligence). Attorney misses statute of limitations, but files cause of action on behalf of client despite knowledge that the underlying cause of action is time barred. Client then has a cause of action for negligence against attorney (watch for calls of question – the examiners may limit your discussion) for failing to file claim on time, but, to prevail in negligence cause of action against attorney, client would have to prove that he/she would have prevailed in the underlying claim. Attorney is liable for abuse of process and/or malicious prosecution (depending upon how the call of the question(s) is/are asked) to the party attorney has filed the time barred action against on behalf of his client. The PR issue comes up in a light way – and would generally be asked of you by the call of the question. Issues in PR that could arise from this fact pattern would include: duty of competence (breach of), duty of diligence (failure to complete matter in a timely fashion), duty to the tribunal (breach of this duty by filing a claim that is time barred).
I will do my best to provide an additional example for a Torts/PR cross-over or other cross-over scenarios – do not stay up for it – get some rest if you can and check in tomorrow morning. If I provide any more this evening . . . it will be a quick read.
Other obvious cross-over areas are:
Wills & Trusts, Corporations and PR, Trusts and PR
Whatever you see subject wise tomorrow, remember to focus on problem solving, use headings, force a visual structure on your exam.
All the best to you tomorrow!
Lisa Duncanson
California Bar Exam Tips: If Civil Procedure Were Tested . . .
Hello All,
If you have been following my blog you will know that I do not really like to call my “predictions” predictions. I do not claim to be able to predict the bar exam. I have simply come up with what I call essay scenarios that I think might be worth considering. I made these “essay scenarios” available during the past week. And, since so far the subjects tested on day one were all expected subjects, I am not varying my predictions much.
Here is an excerpt from an earlier approach about the possibility of Civil Procedure being tested (including a California unique concept you might want to take a few minutes to review):
As far as subjects that could repeat from the July 2012 bar exam round – this time, I feel that of the subjects that could repeat, that Civil Procedure is a very good possibility as is Community Property.
Possible Essay Scenarios (from my previous posting earlier this week):
If Civil Procedure were to repeat: The most commonly tested issues in civil procedure are: jurisdiction and collateral estoppel and res judicata. Last bar round, personal jurisdiction was tested (along with subject matter jurisdiction and supplemental jurisdiction). The essay was primarily about personal jurisdiction (and had a full discussion of minimum contacts). Prior to July 2012, the last time in personam jurisdiction was tested was in 2006. As a result, it would certainly not be unusual if you were tested on Civil Procedure again and in fact personal jurisdiction again. This happens. So – be prepared for it. Most would not be expecting it. However, if Civil Procedure were to repeat then I would expect an essay exam that possibly tested either some of the California specific areas (the California bar examiners have yet to test anything California specific in Civil Procedure – take a look at demurrer and SLAPP Suits and the responsive motion to a SLAPP Suit called an “Anti-SLAPP” motion – incidentally the area of SLAPP suits would be a great cross over with the First Amendment – I am not saying you will get this on this bar round - but some day it is coming) and/or some of the other issues that were not tested on the last bar administration. For example - collateral estoppel and res judicata. I thought both were a good possibility for testing (along with personal jurisdiction) on the last bar exam.
One of the last times collateral estoppel and res judicata were tested was in the context of in personam jurisdiction. I have a past essay exam from the bar exam that tests both together. This exam is no longer on the California bar website. Incidentally, that administration tested Personal Jurisdiction (specifically: IPJ with a full minimum contacts analysis) and Collateral Estoppel and Res Judicata.
Another area within Civil Procedure that I would suggest you take a look is the area of “interlocutory appeals” - this is usually tested briefly as a fairly short “tack on issue” in a Civil Procedure exam. The issue is usually tested in this way – one of the parties is appealing prior to there being a final judgment (could even be on the basis of the court’s denial of one of the parties wish to use collateral estoppel or res judicata to bar the re-litigation of an issue or a claim). Since the party is attempting to appeal prior to a final judgment in the instant case – this generates an issue with respect to interlocutory appeals. It is a short discussion, but one that must be had and one that has certainly come up many times on the bar exam in the past.
Class actions has not been tested in a very long time – I keep thinking that is due, but, If you look at what is most often tested in Civil Procedure it is jurisdiction (PJ and SMJ and Venue) and Collateral Estoppel and Res Judicata. So while class actions has been absent for many bar rounds, it is still no more likely in my mind, as Collateral Estoppel and Res Judicata. Since jurisdiction is such a heavily tested area, it would not be unusual to see an exam on this bar administration that tested (in a more emphasized way) subject matter jurisdiction. This could easily be done and tested with other typical issues like: Venue, Remand and/or Removal.
Incidentally – with respect to issue and claim preclusion – be sure not to mix up Res Judicata and Collateral Estoppel – make sure you know which one is issue preclusion and which one is claim preclusion. Here is one way to keep the two straight: the “C”s do not go together – in other words: Collateral Estoppel is Issue Preclusion and Res Judicata is Claim Preclusion. Should you get tested on this area – be certain to make note of the California (and minority) “primary rights” view with respect to claims (Res Judicata).
