California Bar Exam Results: Three Days and Counting!

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Hello all, California bar exam results for the February 2015 bar exam are just three days away! I want to wish everyone who is waiting for results the very best of luck! As every bar examinee experiences, these final days are very nerve racking. No matter how well you prepared or how positive you feel about your performance on the exam – you are bound to be worried in these final days. These months of waiting are very difficult. But, these last few days are probably the hardest. it is completely normal to feel worried in these final days. The last week seems to take forever and these final days of waiting are always somehow the most difficult. But, hang in there. Your wait is almost over and good or bad, you will know and be able to plan one way or the other. All the best to all of you who are waiting. For those of you preparing for the July 2015 bar exam, I wanted to let you know that I will be teaching two free, “How to Pass the California Bar Exam” Workshops on May 20th and May 27th. Both workshops will be held in Los Angeles. The workshops will focus on writing for the California bar examiners as well as: test taking strategies, study plans, and simply how to get through this grueling exam with passing results! If you have failed the bar exam previously, this workshop is an excellent program to jumpstart your studies and to figure out how to prepare differently this time. I will also address the Civil Procedure MBE updates to the February 2015 bar exam and how to prepare for this new section of the MBEs. Space is limited, so please sign up early to secure your spot.

Los Angeles, Wednesday, May 20, 2015:

How to Pass the July 2015 California Bar Exam Workshop – May 20, 2015, 7:00 pm to 9:30 pm. Los Angeles, California – taught by the Bar Exam Guru! Back by popular demand, our next “How to Pass the California Bar Exam Workshop” will be held on May 20th in Los Angeles. Our workshops fill up quickly. Reservations are on a first-come, first-served basis. This workshop is free and includes free bar exam templates. Parking is free. Space is limited. Click here to make your reservation for the Los Angeles May 20th Free Workshop.

Los Angeles, Wednesday, May 27, 2015:

How to Pass the July 2015 California Bar Exam Workshop – May 27, 2015, 7:00 pm to 9:30 pm. Los Angeles, California – taught by the Bar Exam Guru! We have added a second “How to Pass the California Bar Exam Workshop” to be held on May 27th in Orange County. Our workshops fill up quickly. Reservations are on a first-come, first-served basis. This workshop is free and includes free bar exam templates. Space is limited. Parking is free. Click here to make your reservation for the Los Angeles May 27th Free Workshop. Unfortunately, we cannot make these workshops available online. However, we hope to see you in person! Incidentally, each bar round students fly in from out of the area to attend both our free workshop and our Cram Sessions. Again, all the best to everyone who is waiting for February bar results! Lisa Duncanson Program Director/Founder Bar None Review Bar Exam Cram Session (213) 529-0990 barexamcramsession.com

February 2015 California Bar Exam: What to Study for Day Three?

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Hello all,

Congratulations, you only have one more day! You are the very first group of bar examinees to ever take Civil Procedure MBEs. And, this time tomorrow night you will be done with the bar exam!  I know that many of you are anxious about what might show up on tomorrow’s essays and performance test. Hopefully this post will help ease some anxiety. That is my hope. If you feel you need more, be sure to sign up for our tips list (you can sign up below).

I promised I would provide an additional update to the “predictions” that I made earlier. So here we go:

If you have been following my blog  you may know that I will not discuss the performance test until next week as there will still be examinees taking the Performance Test this Saturday and Sunday (those examinees that are on a six day exam due to accommodations).  However, knowing what I do know about Performance Test A from day one, does not change any of my predictions that I made prior to the exam.

So, here is what I recommend you do this evening. Study . . . some. I really do think it makes a difference to do some studying the night before. Of course, this is up to you. But, I do believe that reviewing material the night before is helpful and I do think that you can still learn new material (although I hope you do not need to learn new material tonight).

Now what should you study?

1) Study any area that you fear seeing on the exam tomorrow. You do not want to walk into the exam tomorrow morning hoping that you do not see a particular topic. Also, don’t be so fearful – review that topic for a little bit and then put it away. Be confident that you will be able to figure it out well enough tomorrow should you see it tested on the essays.

2) Review the “predicted” areas (see earlier posts) and remember there is no way to predict what is going to show up tomorrow, I do not claim that I can do that at all nor do I recommend that examinees study around predictions. But, at this point, the night before the bar exam – it can not hurt to entertain some of the possible essay scenarios that could show up and give these a little thought.

Here are some of the areas I would likely consider for tomorrow:

Professional Responsibility could show up tomorrow as either an essay or on the Performance Test or both. My thoughts are it could be absent from the essays – occasionally the bar examiners skip it from the essays altogether. This is generally not the case, however, so I would prepare as though Professional Responsibility is going to be on one of the essays tomorrow.

Constitutional Law (possibly Dormant Commerce Clause) could come up – please read earlier posts for details. Review my earlier posts and  review the handout we provided (through Bar Exam Tips Emails) for approaching the Constitutionality of a state or federal statute. There is a particular approach for this that the bar examiners embrace – and – it is different depending upon whether you are asked to evaluate a state law or a federal law. Keep in mind that in addition to your typically required State Action and Case or Controversy requirements (standing, ripeness, mootness, and must not involve a political question) that when evaluating a state statute you need to address whether the state (or subdivision of the state – county, city, etc.) has the power to act. The power for the state to act would need to stem from those reserved to the state via the Tenth Amendment (states can regulate on behalf of the morals, health, welfare, education or safety of its citizens). There are several remaining steps depending upon the type of regulation that is at issue – assuming you end up facing a Constitutional Law essay tomorrow – it would be a good idea to be prepared for how to approach these areas. If you would like a free copy of our handout for Evaluating the Constitutionality of a State or Federal Law, just add our tips list below and we will send it out. Incidentally, this handout/approach covers how to handle a dormant commerce clause essay – since that IS a state law that is affecting interstate commerce in such a way that might place an undue burden on interstate commerce (that is the issue that comes up in the even that you have a dormant commerce clause exam).

Wills – either alone or crossed over with something else (Trusts, Community Property for example). I think Wills is very possible. Of course, there is NO WAY to predict what will show up on tomorrow’s essays or performance test. If, however, you were to see a Wills essay, the areas of integration, incorporation by reference and acts of independent legal significance are frequently tested (and often – believe it or not – come up together depending upon the essay fact pattern). Also commonly tested in Wills are issues with respect to an omitted or pretermitted heir. Ademption by extinction is also a frequent flyer. Be sure to know these rules so you are comfortable dealing with these areas.

If you do see Wills on the bar exam tomorrow, you may or may not be faced with determining the validity of a will – but if you are – and there is a prior will – then you need to address Dependent Relative Revocation (regardless of whether it will effectively revive a prior will or not – if it is ineffective – then address it and explain why DRR will not work – this is the stuff that passing (and better than passing essays are made of).

What if Criminal Law Murder shows up on an essay tomorrow? If it were me taking the exam tomorrow, I would make sure I reviewed the tests for Insanity Defenses – past bar exam answers instruct us that perfection with respect to the rule statements is not the most important thing and that your ability instead it is 1) your ability to correctly identify the issues and 2) your ability to have a thorough discussion and detailed analysis that is paramount. But, obviously, you will be most comfortable writing in any area if you have a really good grasp of the rules. The tests for insanity have not been tested in several years – so I would give that a quick review and do your best to make sure that you can discuss all four should it be presented on tomorrow’s exam.

What if you were to be tested on Torts again (it was on the July bar exam) – then I would not be surprise if Torts came up as either a cross over with Remedies or if you were to see Defamation or perhaps some of the miscellaneous tort issues (again – review my prior posts from this week – and understand – Torts is not on my list of “most likelies” – just understand that you should be prepared for anything).

Don’t forget that subjects repeat – so far Contract Remedies repeated from July 2014 to February 2015 – anything else from July 2014 can still repeat (read my prior posts about this – even Contract Remedies from day one could repeat). Torts from the last bar round (which was Negligence) could repeat – take a look at Torts, do not dismiss it or assume it can not be tested.

For other possible topic areas for testing, review my prior posts from earlier this week.

3) if you haven’t already, sign up for our tips list and I will send out our predictions and revised predictions to you via email. We will continue to send this out through this evening as long as possible).

You can sign up for our revised predictions and tips list here:

What else should I do?

Do your best to relax. You have just been through two very long and intense days. You need to have your wits about you for tomorrow. Focus on things that will help you and avoid things that will be counterproductive. What would be counterproductive? Dwelling on how you did (or did not do) on day one’s essays or performance test, talking about what you wrote on day one . . . this will not help, and it generally only leads to more anxiety which is not helpful.

Try to get some decent sleep.

If you can get a decent night’s sleep tonight that would obviously be great. But, recognize it may not be possible and simply be okay with that. Don’t dwell on the fact that you can’t sleep, just try your best to rest. At all times, be positive and keep a good frame of mind. You will do better for it tomorrow.

Don’t give up.

Absolutely do not give up. This test is often as much about perseverance as it is about your studies. And, let’s face it, to study well over a protracted period of time definitely requires perseverance. You graduated from law school For some, perhaps a few, that is relatively easy. But, for most, it takes a lot of dedication and perseverance. So you have this skill, use it tomorrow. Don’t let the test get to you.

Be positive.

This is so important. Tell yourself you are going to succeed. Actively work at being positive. Choose to be positive. Only you can make this choice, I highly recommend it.

Use Headings!

Your exam answer should be attractive and look organized. This should not be news to you, but if it is, be sure to use headings on your exams tomorrow. Let your headings to the heavy lifting for you! Make your exam answer easy to follow.

Write your heart out tomorrow!

The exam graders can not grade or give you points for what never makes it to the page. Whether you are using a laptop or handwriting, be sure to write as much as possible. Be sure to explain your reasoning. If you are dismissing an issue, I recommend that you dismiss it on your answer rather than leaving it off of your exam because you dismissed it in your head. Remember, the grader won’t know if you left an issue off because you chose to dismiss it or because you simply forgot.

I will continue to update this blog tomorrow, so stay tuned if you wish.

All the best of luck tomorrow!

Lisa Duncanson

Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

California Bar Exam: Congrats on Being Halfway Done!

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Good afternoon all,

Congratulations on completing half of the bar exam! By now you have completed the first section of the MBEs and are on your lunch break.

I wanted to write a quick post to wish you all the very best of luck and to give you a few more tips for this afternoon – in case you happen to be reading while you are on your break.

As I wrote this morning, you should expect the MBEs today be hard. This is always the case – every bar round. But, this February 2015, with the addition of Civil Procedure to the MBEs – many examinees are pretty worked up. So by now, you have seen some of these new MBEs (you are NOT supposed to discuss the MBEs, remember, you signed something promising NOT to discuss the MBEs). However, your experience with the questions so far has likely been very similar to everyone else’s experience – it was difficult. And, this afternoon will be difficult as well. But, you are in the same boat as everyone else – it is all in how you navigate it at this point (attitude, sense of accomplishment, refusal to give up, persistence and perseverance, etc.).

Day two is always a long day, and it may feel like you are not passing the exam even if you are actually doing well. How is that? Well, passing raw scores on the MBE have ranged from as low as 129 to as high as the 140s. The passing raw score for the past several years has hovered around 133. A 133 is 66.5% . . . that is a D in regular grading, right? So why should you care about this? Well, if you are getting a D, it may feel like you are getting a D. What I mean is that even if you are scoring well enough to pass on the MBEs, it may not feel like you are passing. You may have scored 70% or 80% on practice MBEs during your bar studies. If so, then you know what scoring 70% or 80% feels like . . . and it feels a lot better than scoring 66.5%. But, on the last several bar exams, 66.5% was all you needed to pass . . . so just keep that in mind – as you go back into this afternoon’s MBEs today. If today has felt a lot harder than your practice MBEs – this is not only normal, it is okay.

If you haven’t figured it out by now, you should know that a significant amount of what it takes to pass the California bar exam is simply keeping your head above water, staying mentally above it all and not letting the test get to you. This is a choice, by the way.

I think one of the biggest challenges that examinees face on the days of the exam is not whether they can remember enough (which is everyone’s biggest fear) but it is instead simply keeping it together, not losing it, staying calm and remembering that it is supposed to be hard, it will be hard, but that you CAN do it.

This is all of your choosing – you can choose to not let this test get to you. You can choose to put yesterdays essays and performance test behind you and completely focus on doing your absolute best on what is still in front of you. You, and only you, can choose to be positive.

And remember that when you are passing the bar exam it doesn’t necessarily feel like you are passing it – it still feels hard (because it is hard), it sill feels very challenging (because it is very challenging), it still might be hard to finish an essay or a performance test tomorrow (and, in fact you may not finish everything and still pass).

So choose to be positive, see everything about your performance in the best light and stay out of your own way, be your own cheerleader and kick butt! Yes, I just said that . . .

I will continue to post and will continue to send out emails. It is not too late to join our Bar Exam Tips List, see my earlier posts to sign up.

All the best to you on today’s second half of the MBEs and on tomorrow – you are half way done!!!

Lisa Duncanson

Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

How to Pass the California Bar Exam – Free Workshop

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Hello all,

Good luck to everyone who is waiting for July bar results!

For those of you preparing for the February 2015 bar exam, I wanted to let you know that I will be teaching another free, “How to Pass the California Bar Exam Workshop” on December 3, 2014. This workshop will focus on writing for the California bar examiners as well as: test taking strategies, study plans, and simply how to get through this grueling exam with passing results! If you have failed the bar exam previously, this workshop is an excellent program to jumpstart your studies and to figure out how to prepare differently this time. I will also address the updates to the February 2015 bar exam. The workshop is limited to thirty attendees, so please sign up early to secure your spot.

Unfortunately, we cannot make this workshop available online. However, we hope to see you in person! To register, click here and be sure to check out our Bar Exam Cram Session Website for our other course offerings.

All the best to everyone who is waiting for July bar results!

Lisa Duncanson

Founder/Program Director Bar None Review and Bar Exam Cram Session

California Bar Exam: Last Minute Performance Test Tips

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Hello All,

Congratulations, you are now done with the essays! You are one performance test away from being done with the California Bar Exam!

Here are some tips for the performance test:

1. Follow the instructions carefully! Exam pressure can lead to missing things and to misreading instructions – so slow it down enough to make sure you are not missing something in the instructions. You are going to base your whole answer on your interpretation of the senior partner memo (the letter to you from your would be boss) – so make certain you read it very carefully and more than once! (See more on following instructions, and evidencing that you have followed instructions, in # 2 below).

With respect to following instructions, do so to a T. If the senior partner memo tells you not to write a statement of facts, then do not write a statement of facts. Pay close attention to the instructions you are provided. Failure to adhere closely to these instructions will cost you dearly – so be careful!  Examinees are often in a rush to get through the materials quickly and end up missing something in the instructions, failing to pick up some of the easier points. So make sure you read through the senior partner memo a few times and be certain about what you are being asked to do.

 2. Make your answer look like it is an answer to that particular performance test. Whatever you are asked to do on the performance test, make sure that you create a document that looks like what you were asked to produce. There will typically be two places from which to obtain your format and instructions for the document you are asked to prepare. The first source is the from the senior partner memo (the letter to you from your would be boss). The second source is also in the case file portion of your performance test and it is a firm wide memo (usually with the title: “To all associates . . .”) that provides instructions on how to write an appellate brief or a memorandum (or whatever it is that you are being asked to write). It is critical that you refer to both of these sources to make certain that you include all sections that you are supposed to include (assuming there are sections, i.e., statement of facts, or point headings, etc.) in your document.

These two sources will also help you to format and organize your document – for example, if you are asked to write a memorandum about the the Constitutionality of a proposed ordinance, then a) you need to make sure that your document is identified as a “memorandum” and b) you need to make certain that your document visually makes it clear that you are in fact addressing the constitutionality of a proposed ordinance. This may seem obvious and it may seem less important than figuring out what the cases mean, but the reality is that many examinees simply fail to do some of these very basic things and end up losing points. So, make certain that you do not forget to make your performance test answer look like it is the very document that you have been asked to produce.

3. How do I know which cases to use? Use them all. Seriously. Really. Do not be afraid. Try to find a use for each case. That is it.

4. What part of the statutes should I include? Assuming you have statutes (not all performance tests do) then look to see which parts of the statutes are referred to in the cases. It is a pretty safe bet that you should also use the sections that the cases refer to as well.

5. Use headings. (first make sure you follow any format that you are instructed to follow). Always err on the side of following instructions. Some of your formatting will likely come from the instructions (either from the senior partner memo and/or potentially from a firm wide, memo to “all associates” in the case file). Remember that your performance test answer (whether it is a memorandum, a points and authorities, an appellate brief, a letter to a client, a closing or opening argument) it is still an exam answer. It will be graded by a human being and you need to be cognizant of that – make it easy to read and easy to follow. Use headings.

6. What if I don’t finish my answer? This is not an option. You need to make certain that you do finish your answer. Just do it. I take my job very seriously and I work hard, I go the distance, I do whatever it takes to get whatever I need done. Why am I telling you this? Because you should too – you should work your butt off and I don’t just mean in your preparation for the bar exam – but I mean right now, right now on this test, today. Suck it up and get through it. I know that sounds a bit harsh, but if you want to pass this thing then go after it, especially in these last hours. Insist on finishing today’s performance test – because you can and because you need to.

7. Okay, but what if I don’t finish my answer? Sigh. Okay, if you see that you are not going to finish what you had planned on writing, then adapt and do so quickly. The clock may not be your friend, but it does not have to be your enemy either. Watch it, keep track of your time. Don’t wait for the proctor to provide a time warning for you to know how much time you have left to finish. Keep track of your time and speed things up as you need to in order to finish your answer. And, if you are really up against the wall, then make it look like you have finished. If it is appropriate for the document that you are writing, then add a heading for “conclusion” and have a few sentences or a paragraph summarizing as best you can what you have written. And, you can even pre-write a conclusion if you think it will help (this is really only helpful to laptop examinees).

8. Be POSITIVE! (I know, how nice of me to yell at you to be positive :)) Seriously though, please do not be miserable – it will only hurt your performance. No one forced you to go to law school (well, I hope not). You presumedly wanted to do this, you want to be a lawyer. Therefore, today is about doing what you want to be doing – taking and passing the bar exam. Be proud of all the hard work you put in to get to where you are right now. So many people say things like: “I was going to go to law school” or “I always wanted to go to law school” . . . well you did go to law school. Be proud of that and don’t let the struggle of the bar exam take any of that away from you. Now go kick the bar exam’s butt!

All the best of luck this afternoon!

Please let me know if this blog helped you, I would love to hear from you: barexamguru@yahoo.com

Lisa Duncanson

Founder/Program Director
Bar Exam Cram Session and Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

Fourth, Fifth and Eighth Amendment Approaches

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Hello All,

This may be my last post this evening. I noticed that several people were searching this blog for Criminal Procedure. In the past, I have given away several excerpts from our Criminal Procedure Bar Exam Writing Templates. These are still available on this blog, but you would have to search for it. So, I thought I would post links to our 4th, 5th and 8th Amendment Exam Writing Templates. You can download each below:

Fourth Amendment Exam Writing Template/Approach

Fifth Amendment Exam Writing Template/Approach

Eighth Amendment Exam Writing Template/Approach

Wishing you all the best of luck tomorrow!

Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com

July 2014 California Bar Exam: What to Study for Day Three?

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Hello all,

Congratulations, you only have one more day! I realize in saying that – many are very worried about tomorrow’s essays and performance test. Hopefully this post will help ease some anxiety. That is my hope. If you feel you need more, be sure to sign up for our tips list (you can sign up below).

I promised I would provide an update to the “predictions” that I made earlier. So here we go:

First, the topics that were tested on day one’s essays and performance test were all within those expected. As a result, I do not have major revisions to the predictions. And, in case you are new to my blog, let me re-iterate that I do not think anyone can predict what will be on the bar exam with any certainty. I thought Evidence was going to be tested on the July 2014 bar exam, so did a lot of other people. It had not been tested on the essays in some time. But, it was on the performance test b on the February 2014 bar exam. So, it was somewhat up in the air. I felt that Professional Responsibility could be tested in the business organizations context and you saw that yesterday. Contract Remedies was probably the least expected by most who study the frequency of topics tested by the bar examiners. But, Contracts was on my list and any time you have Contracts you need to expect Remedies. Still, I doubt many walked into the exam expecting a Remedies exam. Okay, enough about day one.

As you may know, I am choosing not to discuss the performance test until next week. But, knowing what I know about Performance Test A from day one does not change any of my predictions that I made prior to the exam.

So, here is what I recommend you do this evening. Study. I really do think it makes a difference to do some studying the night before. Of course, this is up to you. But, I do believe that reviewing material the night before is helpful and I do think that you can still learn new material (although I hope you do not need to learn new material tonight).

Now what should you study?

Number one, study any area that you fear seeing on the exam tomorrow. If you are fearful of getting Civil Procedure, then you better study it. Same goes for any other topic that you are fearful of seeing on the exam.

Number two, review the “predicted” areas (see earlier posts) and remember Professional Responsibility could show up again. Review my prior posts for essay scenarios. It can not hurt to walk into the bar having just read about a particular issue combination. And, yes, I do think Civil Procedure my repeat from February . . . read my prior posts for more details.

Number three, if you haven’t already, sign up for our tips list and I will send out our predictions and revised predictions to you via email. We will continue to send this out through this evening as long as possible).

You can sign up for our revised predictions and tips list here:

What else should I do?

Do your best to relax. You have just been through two very long and intense days. You need to have your wits about you for tomorrow. Focus on things that will help you and avoid things that will be counterproductive. What would be counterproductive? Dwelling on how you did (or did not do) on day one’s essays or performance test, talking about what you wrote on day one . . . this will not help, and it generally only leads to more anxiety which is not helpful.

Try to get some decent sleep.

If you can get a decent night’s sleep tonight that would obviously be great. But, recognize it may not be possible and simply be okay with that. Don’t dwell on the fact that you can’t sleep, just try your best to rest. At all times, be positive and keep a good frame of mind. You will do better for it tomorrow.

Don’t give up.

Absolutely do not give up. This test is often as much about perseverance as it is about your studies. And, let’s face it, to study well over a protracted period of time definitely requires perseverance. You graduated from law school For some, perhaps a few, that is relatively easy. But, for most, it takes a lot of dedication and perseverance. So you have this skill, use it tomorrow. Don’t let the test get to you.

Be positive.

This is so important. Tell yourself you are going to succeed. Actively work at being positive. Choose to be positive. Only you can make this choice, I highly recommend it.

Use Headings!

Your exam answer should be attractive and look organized. This should not be news to you, but if it is, be sure to use headings on your exams tomorrow. Let your headings to the heavy lifting for you! Make your exam answer easy to follow.

Write your heart out tomorrow!

The exam graders can not grade or give you points for what never makes it to the page. Whether you are using a laptop or handwriting, be sure to write as much as possible. Be sure to explain your reasoning. If you are dismissing an issue, I recommend that you dismiss it on your answer rather than leaving it off of your exam because you dismissed it in your head. Remember, the grader won’t know if you left an issue off because you chose to dismiss it or because you simply forgot.

I will continue to update this blog tomorrow, so stay tuned if you wish.

All the best of luck tomorrow!

Lisa Duncanson

Program Director/Founder
Bar None Review
(213) 529-0990
http://www.barexamcramsession.com and http://www.barnonereview.com