California Bar Exam: Day Two and “Predictions” for Day Three

Hello All,

Right now you are most likely taking the AM section of the MBE . . . unless you are an attorney taker. And, in just an hour or so, you will be half way done with the California bar exam! Congratulations!

So, as promised, I will be posting about what I think might be possible for day three’s essays. I am taking into account what was covered in yesterday’s Performance Test A into my assessments of what I would expect you to possibly see for testing tomorrow.

First, some comments about yesterday’s essays:

1. Day One is over – do not rehash it, replay or worry about it. It is done and you can not go back and re-do it and there is nothing to be gained from going over it and over it again.

2. The above being said – I think there are some things that I can say that might help you put Day One’s essays to bed – so to speak. Aside from simply putting Day One behind you – perhaps this will help: Essay number three had many options as to what could have been discussed. This essay was very similar to Essay #2 from the July 2003 bar exam (something I have brought up on many, many occasions in my bar review course). I have used this essay (from the July 2003 bar exam) as an example of what would be considered an “oddball” essay. On the July 2003 bar exam, the fact pattern was very similar, but the call of the question in 2003 was different. It was different in that examinees were asked to discuss “trust remedies”. This confused many examinees. This bar round it was a different call (and quite frankly, in my opinion, easier to deal with because the calls lead you to certain issues that a call of ‘trust remedies’ might not have). The point of all of this is that I have used this past exam as an example of what I would refer to as an “oddball” essay exam in order to illustrate how various answers (very different responses) would be acceptable. In fact, the story that I relay to my students is this:

“On Day One of the July 2003 bar exam, several of my students called me to discuss essay number two – the essay that tested ‘trust remedies’. I remember two students in particular with whom I spoke to that night. One was a valedictorian from an ABA law school and the other was a repeat taker who had attended a non-accredited law school. Both called me and told me how they handled that ‘oddball’ essay. Each had a very different route to resolving the issues presented and doing their best to answer the call of the question. However, both had some overlap in their coverage. I was confident that both examinees had successfully answered that question. And, both ultimately passed that bar round.”

The reason I even tell this story is to underscore for my students (and now for you) the importance of simply focusing on doing your absolute best to resolve the legal problem(s) presented in the fact pattern. Sometimes we get so caught up in the rules and definitions that we have been attempting to memorize for months that we lose sight of some of our common sense and practical ability to problem solve.

So where does that leave you with yesterday’s essays? Day one is over. What I want to make clear regarding essay number three is that there were variations of answers that will all be correct. Some will have addressed some Contract issues while others perhaps more regarding Torts and specific Tort Remedies – I could give you a list of the two or three issues that I believe a passing answer for that essay absolutely had to have . . . but I will not do that right now – because it will NOT serve you well to think that you missed one or more of those issues. AND regardless of how you did yesterday – you are still in the game – you simply have to take that approach. If you feel badly about yesterday – LET IT GO. That is your choice – to take that approach – and I urge you to make that choice.

You can take on today and tomorrow and no matter what happened yesterday, you can still take this test and make it your last. Be positive and let yesterday go.

One last thing about yesterday’s essays – many have written in indicating that day one was really hard. So, all of you reading this should keep the test in perspective. Yesterday was not likely a walk in the park for anyone. It was simply what it was – and now it is behind you – relish in that. And, resolve and commit to the rest of the exam with as much vigor and confidence as you can possibly muster.

One of the messages I received yesterday was from an examinee who told me of some of the mistakes he felt he had made and asked me if I thought there was “still hope”. I actually receive that same email many times over from many examinees. And, my answer is this: of course there is still hope. You go for it and do not allow this test to get the best of you. Perform at your best today, let yesterday go and tomorrow – do the exact same thing.

“Predictions”

I will be posting again today with my “predictions” for tomorrow’s essays and some thoughts about the Performance Test.

Until then, put yesterday and this morning behind you. Stay positive and believe in yourself.

All the best to all who are taking the exam today!

Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on February 27, 2013 at 11:57 am  Comments (5)  
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Bar Exam Tips: Quick Recap of Bar Exam Predictions

First of all, good luck to all who are taking the bar exam today! Stay positive and keep your wits about you. Believe in yourself and be confident.

I thought I would put up a quick recap of the “predictions” to date (with the strong caveat that no one can predict this exam).

1. Most everyone is predicting Torts (this is a pretty obvious one, which makes me a bit suspicious of it . . . but, like most everyone else, I think you will likely see a Torts exam). Note earlier (more detailed posts about possible Torts scenarios that included products liability, or nuisance, tort remedies. Also a possibility is defamation – the fact that it has been a while since Torts has been tested, most anything is “up” so to speak).

2. Civil Procedure (generally a subject or two or sometimes three – will repeat from one bar exam round to the next). One of my first picks for repeat topics is Civil Procedure (of course there is always the great likelihood that Professional Responsibility will show up – it has only been skipped on the essay portion twice in the past 23 bar exam rounds).

3. Criminal law & Procedure (I already indicated earlier that I was leaning towards a Murder exam perhaps in the context of a 6th and or 8th Amendment – Capital Punishment issue). This scenario has not been tested in some time and murder has been absent from the bar exam for some time.

4. Constitutional Law (I think this is a very good possibility. And, if you were to see Constitutional Law, I think that there would be a high probability of seeing something in the arena of evaluating a state statute – which could generate a number of issues – equal protection, substantive due process (could involve fundamental right, privacy is commonly tested) and I provided an essay handout on a post from Monday that gives an example of a state statute and whether it places an undue burden on interstate commerce – this area is highly testable – review the essay I posted as well as the approach I posted for evaluating the constitutionality of a state law/statute (this was posted earlier on Monday).

5. Corporations/Business Organizations – most are predicting this subject. I could see it happening. The last bar round was light on Professional Responsibility – therefore I would not be surprised if you had other subjects that involve duty issues (like Corporations: duty of loyalty, duty of care + the business judgment rule as a potential defense, or Trusts – with a focus on Trustee duties – these are favored areas for testing). An area worth noting that has been absent from the essays is the area of winding up a partnership. This is ripe for testing. Securities laws (10b5 corporate pronouncements and tipper/tippee and 16b Shortswing Profits) have not been tested in some years. Still, anything can come up in this area – in past years the bar examiners have provided a fact pattern that seems to scream of 10b5 and 16b and then the call of the question tells you NOT to answer under the federal securities law, but instead to answer according to the common law – many are stumped by this and do not know what to do. Well, this is part of what you would do – if you were given such an essay – write about common law misrepresentation and fraud and ultra vires.

6. Property – now this one is tricky. It has been on the exam – but there are areas that have been absent for some time (Covenants & Equitable Servitudes and Easements. Covenants and Equitable Servitudes could come up in the context of a Land lord/tenant issue (this is fairly common) OR it could come up with respect to a landsale contract (so too could Easements). The area of recording acts, notice have not come up in a while and could in the context of marketable title for example or simply to determine if a buyer takes subject to an easement. The reason Property is a tricky pick is because it has shown up on the bar exam with some regularity. However, the issues tested have not been the most typical (for example – in 2011 the bar examiners tested a FSA with a future interest, restraint on alienation, ouster, adverse possession – and that just mentions a few of the areas tested on one of the past Property essays – so not your most typical coverage/testing. That is why I think it could be a real possibility.

7. I also think you could see Community Property OR Evidence again – these could come up as cross overs with other topics or alone. Wills and Trusts (although both tested in the past year) are always possibilities. As mentioned above, an exam with Trustee duties is a possible area – it is favorite area of testing and see earlier “predictions” posts regarding spendthrift, support and discretionary trusts).

Remember, no matter what you see on the exam tomorrow, do not let it get the better of you . . . if it seems hard, it is because it is hard – which means that everyone  thinks it is hard. Keep it all in perspective and don’t allow yourself to doubt yourself or to hesitate too much – just write. Trust your instincts and show them what you know – remember not to dismiss issues in your head, but instead to dismiss issues on your paper – this shows a breadth of knowledge the examiners seem to be looking for.

Above all, remember you do not have to be perfect! Just do your best to resolve each legal issue presented . . . and DO NOT throw common sense out the window!

All the best to you all tomorrow!

Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on February 26, 2013 at 12:37 am  Leave a Comment  
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Bar Exam Tip: The Most Popular Question of the Day: “What Should I Study Today”

Hello All,

I have been asked this question by many examinees and so I thought I would take a moment to answer it here for everyone to see.

Many people are writing in asking what subjects they should study today. I recognize that the reason these individuals are asking me this question is because they think that they should study today what is most likely to show up tomorrow . . . and they are asking me because I have had a reasonably good track record of “predicting” the essay topics. Well, that is risky business . . . studying around what anyone might say is going to be on the test. First of all, I do not claim to be able to predict what you will see on the exam. I spend time coming up with what I think are possible essay scenarios (incidentally, one of my competitors is now calling it that: “possible scenarios” . . . interesting . . . but, I digress). My point is that while it feels good to go into the exam with these potential essay scenarios and it will feel even better if you see even just one of these essay scenarios tested – you should study what is the weakest subject for you.

Now, that is assuming you are studying at all today. I did not study the day before the bar exam. I planned on it, but when I got to the day before the exam, I simply decided not to study anymore. I passed. I have friends that continued to study up into the evening prior to the exam and they too passed. You really have to do what feels right for you. I personally think that you should not stay up late studying.

And, with respect to predictions and how you should study today (assuming you do study today) you should take a look over the “predicted” possible essay scenarios. But, your time should be spent reviewing any subject you would be afraid to see tomorrow – that is where you should focus.

Remember, no one has a crystal ball with respect to this exam. Therefore, while I think it helps calm students down to have some areas of focus – you should really think about the following:

1) Do I need or want to study today? (really – it is okay not to study today – sometimes rest is the best thing and just a light review of topics or no review), and - If you are planning on studying today then:

2) Focus on an area that is one that you are hoping you will not see on the essay exam. You may not be able to resolve every aspect of that topic or subject in your favor – but at least you can go into the test knowing that you gave it some extra attention close in time to the actual exam.

Above all, do things today that are good for you. Do not panic. You might say: “Easy for you to say . . . you are not taking the test tomorrow”. You are right, I am not taking the test tomorrow. But, I have taken and passed two bar exams. Some degree of panic is normal. But, do not allow it to overwhelm you. Push it away. That is imperative and will do far more for your likelihood of success on the exam than virtually anything else you could do today.

All the best to all of you who are taking the exam tomorrow! Be positive, trust your instincts and remain as calm as possible.

Best of luck!

Published in: on February 25, 2013 at 10:27 am  Leave a Comment  
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February 2013 Bar Exam Tip: Shorthand Murder Essay Approach

Hello Everyone,

I wish all of you who are studying for the February 2013 bar exam this week the very best of luck!

I mentioned that murder might be on your upcoming bar exam. It has been absent for some time and would seem to be due. Of course, anything is possible. But, many will presume that Criminal Law and Procedure is not going to be tested simply because it was tested on the preceding bar exam. Remember, the bar examiners do repeat subjects from one bar round to the next – back to back. And, murder (while within Criminal Law) was not tested on the last bar exam. And, murder has not been tested in a very long time. As a result, I would be prepared for it.

Here is a quick, basic essay approach for murder. (Note that you should use a lot of headings and have a physical structure that evidences your approach – this will give the graders a sense that you actually know what you are talking about and it will make your essay far more appealing to read, it will appear organized and it will make it easier for you to write your answer if you have an approach going into the exam).

Shorthand approach for handling a murder question:

Address: Common Law Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought is proven four ways: 1) intent to kill, 2) intent to inflict great bodily injury, 3) depraved heart killings, and 4) felony murder.

(Address the above and then if you have a felony murder issue, prove up the underlying felony (BARRKS – Burglary, Arson, Robbery, Rape, Kidnapping or Sodomy – incidentally, if this area is tested, the examiners may not test one of the above common law inherently dangerous felonies – watch out for a dangerous felony like drug trafficking or another dangerous (but not enumerated as a FMR felony) felony – it forces you to reach a bit and explain that the prosecutor could charge the defendant for felony murder on the basis that it was an inherently dangerous felony, but not a common law enumerated (BARRKS) felony)

Then move onto:

Statutory Degrees of Murder

First Degree Murder: First degree murder is the intentional killing with malice aforethought, premeditation and deliberation. (here do not spend all day on defining or explaining premeditation or deliberation – it either was premeditated and deliberate (lying in wait, planned, thought out etc.) or it wasn’t – address the issue and conclude and move on).

Second Degree Murder (here is the quick way: “all murders that are not first degree are second degree unless mitigated down to some form of manslaughter”).

Manslaughter

There are two types of manslaughter (Voluntary and Involuntary). If you know right away that the facts support a heat of passion killing, then address that first under Manslaughter as: Voluntary Manslaughter. (By the way, anytime there is a fight that results in a death – you should address heat of passion/voluntary manslaughter)

Voluntary Manslaughter: is a killing that would be murder but for the existence of adequate provocation and insufficient cooling time. (there are elements here that you could develop, but, the reality is that if you have a cross over exam and it involves a full murder discussion – from common law murder to manslaughter, then you simply do not have a lot of time. So spend your time focusing on whether what happened would arouse the passions of reasonable person to kill AND whether or not the person did not have time to cool).

Involuntary Manslaughter: A killing is involuntary manslaughter if it was committed with criminal negligence or during the commission of an unlawful act.

There is also the concept of Misdemeanor Manslaughter Rule – it is simply an accidental killing that occurs while the defendant is engaged in a non-dangerous felony or misdemeanor.

Obviously there are defenses like: Intoxication, Insanity (know the four tests as best you can), self defense, defense of others etc. that can all word to either relieve the defendant of liability for common law murder and reduce the crime down to some form of manslaughter. Keep in mind the above is a basic approach. But, sometimes that is really the best thing to have in your head on the day of the exam. You should have a framework or basic approach and then allow yourself the freedom to write your answer based on the particular fact pattern you face.

If you were to get a murder essay, I am thinking it could be in the context of Criminal Procedure (specifically in the context of the 8th Amendment and/or 6th Amendment). I will write more on that possible scenario soon.

Best of luck to you all!
Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on February 20, 2013 at 5:00 am  Comments (1)  
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California Bar Exam: Two Day Bar Exam Cram Sessions!

Coming soon: Two Day Bar Exam Cram Sessions!

Attendees receive a set of our Bar Exam Cram Sheets, all essay predictions, two weeks of email support leading up to the bar exam, essay approaches and a ten-day study plan!

Stay tuned for more information!

Bar Exam Cram Session dates and locations:

Saturday, 2/9/12 and Sunday, 2/10/12 (Torrance, California)

Saturday, 2/16/12 and Sunday, 2/17/12 (Los Angeles, California)

For more information, call (213) 529-0990 or email at: pass@barnonereview.com

 

Published in: on December 13, 2012 at 9:58 am  Leave a Comment  
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California Bar Exam Tip: What to do while waiting for bar results

Hello All,

With the July 2012 bar exam results just around the corner, many of you who are waiting are wondering whether you should study while waiting for results, and, if so, what you should study.

For guidance as to whether you should study, see my prior post here.

If you have decided that you feel the need to study during the coming weeks leading up to the bar exam, here is what I recommend:

1. Take one or two topics and simply begin conducting a light substantive review of those topics. I recommend starting with a favorite topic – something that comes easily to you.

2. If you have decided to begin studying now, keep in mind that the point of studying now, is to provide yourself with a form of insurance, should you find yourself needing to take the bar exam again. Should you find out on the 16th that you did not pass the bar exam, then you will be ahead of the game because you have already begun some studying. And, if you do pass, then you really won’t care that you gave up a few hours here and there in the weeks leading up to results. The point is not to create anxiety, but instead to alleviate anxiety. So, the goal isn’t to study for hours and hours each week leading up to the 16th. Instead, simply take on one or two subjects. Spend an hour tomorrow morning (Saturday) simply reviewing one subject. Use it as an opportunity to shake off some cobwebs and then move onto the rest of your day. Do the same thing on Sunday morning and you will have put in two hours of study this weekend.

3. If you really have a definite feeling about your performance on the last bar exam – you are just certain that you did not pass – then  I would suggest completing MBEs. I do not recommend that you conduct an extensive substantive review prior to completing MBEs. Instead, start with Torts and complete one MBE at a time – pick the best answer choice and then immediately check the explanation to see if you were correct or not. Initially you will likely miss more questions now than you were missing right before the exam. However, most of the students that I work with who are repeating the bar exam are able to get right back to the scores they were getting in practice the week before the last bar exam, by simply doing practice MBEs for about 10 to 14 days. Be sure to use MBE sources you have already used previously – this way you will be able to compare your practice scores now to where you were in practice the days leading up to the bar exam.

4. Try to make it a game. When you are completing practice MBEs tell yourself you are going to pick the correct answer and then really focus on the fact pattern, carefully read the call of the question and focus on picking the best answer. Be sure to remain positive. Again, the point of studying now is to alleviate stress not increase stress. Much of this will simply come from your attitude about beginning your studies.

Remember to do the MBEs one at a time to get the correction value – it will cause your scores to go up more quickly than doing 30 or 50 at a time AND it is less painful to do one at a time (sitting and tackling 50 MBEs in one session is pretty tough after a long break from studies and a likely lack of familiarity with the questions). Remember also that your MBE scores will usually go back up to where you were right before the exam with or without substantive review – the students I work with who are repeaters generally have their percentages back to where they were right before the exam simply by doing and correcting the MBEs.

There is no right or wrong way to return to your studies. But, I do recommend that you ease into it by simply putting in one or two hours over the weekend. Be positive about it, go somewhere you enjoy studying and tell yourself that this is just bar exam insurance – if you find out on the 16th that you passed the bar exam you really will not care about a few hours lost to studying.

All the best to all who are waiting for results!

Sincerely,

Lisa Duncanson

Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on October 26, 2012 at 9:17 am  Leave a Comment  
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California Bar Exam: July 2012 Bar Results – One Month To Go!

Hello Everyone,

Results for the July 2012 California bar exam will be released on November 16th. For those of you who are waiting for results, this may be one of the longest months of your life. I wish you all the very best of luck on November 16th.

So, what should you do while waiting for bar results?

For some of you, the last thing you want to do is to even think about the past bar exam (what you wrote, what you didn’t write about, issues you spotted or did not spot, etc.) while others are researching the questions and looking up detailed issue analysis for the past essays and performance tests. How each examinee deals with their wait is different. However, one common ground most examinees who are waiting for bar results generally share is anxiety.  It is hard, especially as the results date draws closer, not to think about the exam . . . and, it is nearly impossible not to feel at least some anxiety .

One of the most common questions I receive during this time from examinees is whether or not you should study while waiting for bar results.  The answer depends largely upon you.

No one wants to plan for failure, but, given the pass rates on the California bar exam you may want to have a back up plan in case you do not get the news that you are hoping for on November 16th.  Does this mean that you should begin studying right now? No, not necessarily. However, you may want to begin some studying now.  Here are some of the reasons you might want to begin some studying:

1) Studying a little now might help relieve some anxiety by jumpstarting your studies in the unfortunate event that you do not pass the July 2012 bar exam. (Note: if studying right now would increase your anxiety, then this option is likely not for you).

2) If you do not feel like you did well on the last exam. (If you think you did not pass the July 2012 bar exam, then why not begin doing some bar study now?  Consider it insurance in the event that you do not pass the exam).

3) You work full time and can not quit your job or take time off from work in the event you end up needing to take the February 2013 exam. (I work with many repeat bar examinees, most of whom must work full time and are often juggling their bar studies with work and family obligations. Therefore, time is critical and must be managed carefully and effectively. For those of you who work full time, having to repeat the bar exam is particularly challenging. As a result, if you think you might be re-taking the bar exam in February, you may just want to start doing a little studying now).

For those of you who think you may want to study some in the weeks leading up to bar results, stay tuned for advice on what kind of studying you should do, how much, what, etc.

All the best to those of you who are waiting for results for the July 2012 California Bar Exam!

Sincerely,

Lisa Duncanson

Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on October 16, 2012 at 2:46 pm  Comments (5)  
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February 2013 Bar Exam Study Tips: Begin Your Studies Early

Hello Everyone,

If you are taking the February bar exam, then I recommend that you begin (if you have not already begun) your studies now.  It is never too early to start preparing for the bar exam.  If you are in your last semester of law school you are probably busy with your final classes and perhaps looking into or seeking employment opportunities.  While these are both important, you should not delay in preparing for your next major hurdle – that of passing the bar exam.  If you have not already chosen a bar review program, then you had better get going on that very quickly.  Whether you have enrolled in a course or not, I recommend that you begin your studies now.

Here is what I recommend (for first time takers):

1.     Prepare for your bar prep by determining where you will study when you are not in class (will it be your bedroom, an office, a library?  Think about it and make a plan).

2.     Make a list of your best and worst subjects in law school.

3.     Identify your strengths and weaknesses early (for example, do you have trouble with MBEs or with writing?  You ought to know by now which areas you have difficulty with in terms of testing.  This will be important as you will want to devote more time to the areas that present the most trouble).

4.     Set aside time now, each week, to study for the bar.  Your bar class will likely not begin until after you graduate from law school.  However, you should NOT postpone your studies until then.  Instead, begin taking practice mbes so that you can begin to familiarize yourself with the format of the bar exam and re-acquaint yourself with subjects that you have not studied in a long time. if you are currently in law school and about to take the February 2012 bar exam, I recommend that you devote four hours per week during the months of October and November to early bar study.

5.     Begin preparing your family and friends for your upcoming unavailability (see our post about “disconnecting” during bar studies).  Your family and friends know what it has been like to have you in law school.  They certainly remember that you have midterms and finals and that during those few weeks each year that you were probably unavailable or less available.  However, they may not have an appreciation for the battle that is ahead of you when you begin your preparations for the bar exam.  You will do yourself a great service in explaining to everyone now what this process will require.  Let your family and friends know that you will be unavailable once you begin your bar review program.

It is very helpful to prepare those around you for your absence.  I am not suggesting that you don’t talk to anyone at all for two months.  However, if you are serious about passing the bar exam, you will limit your social activity and focus on your studies.  To really have an excellent chance of passing the bar on your first attempt (or any attempt for that matter) you will need to study all day and everyday for two months.  During this two month period of time you will need to take breaks.  BUT, you will not have time to go out several nights a week, to take lots of phone calls, spend copious amounts of time emailing and text messaging and surfing the net.

Stay tuned for more advice in the coming days and weeks.  Also, if you are interested in receiving our free MBE handouts, send us an email at: pass@barnonereview.com

Congratulations to all of you who are about to graduate from law school and good luck to all who are awaiting bar results from the July 2012 bar exam!

Sincerely,

Lisa Duncanson

Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on October 4, 2012 at 3:33 pm  Leave a Comment  
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July 2012 Bar Exam Tip: REST

Hello all,

Congratulations to everyone who took the July 2012 California bar exam! I want to thank you all for following my blog and for writing to me personally. I also want to thank those of you who read my story of my battle with cancer (here) and made a donation – I am incredibly grateful – one person even donated within a couple of hours of having completed the test – I am so touched and so appreciative.

Cancer leaves a pretty big, vacuous, financial hole in its wake. Thankfully though – I am well and able to do what I love to do most – teach and help others. This blog brings me so much satisfaction – to be able to reach so many people and to provide some support to those who really need it – well, it means a lot to me. If you found my blog helpful and want to make a donation of any size, it would be so appreciated.

Like you should all do – I am taking some time off. However, please continue to send in your questions – I will get back to you – just know that it might not be until Monday.

Again, thank you for following my blog and for sending in donations, it is truly appreciated.

I will be writing more posts in the coming days (including posting answers to some of the most commonly asked questions that I receive during this time).

Until then – enjoy your weekend – you deserve it!

All the best,

Lisa Duncanson
Program Director/Founder
Bar None Review
barnonereview.com

Published in: on July 28, 2012 at 8:12 am  Leave a Comment  
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July 2012 California Bar Exam Predictions – Free Essay Examples

Hello All,

I have had several requests for examples of how Van Camp and Pereira are tested on an essay. Our course materials include over 150 past California bar exam essays. However, my students are also all given extra sample essays for the topic areas that I think are most likely on that particular bar round. My students have our essay books, which provide a solid coverage of the range of essays that can be tested. But, I provide additional essay handouts for some of the areas that appear to be more likely or more probable for each bar round. Again, no one can predict this exam and I certainly do not claim to be able to predict it. I have had some bar rounds where I have come up with as many as 5 out of the 6 essay topics and even the specific sub topic (i.e., predicting defamation, not just Torts). However, this is not something I claim to be able to do every time.

You should be prepared for anything that comes your way and one of the very best ways to do that is to review past bar exam essays.

As anyone who has taken the bar and failed will tell you, simply memorizing the law is not enough. You really need to see how the concepts are tested in the context of the actual exam. If you have not spent a lot of time reviewing essays, then today would be a great day to start – it is never too late to review essays and perhaps stumble upon one or two that  you actually end up seeing on day one or day two of the bar exam. Remember, the California bar examiners repeat the same or nearly identical essays over and over again. Exams from four years ago are seen again all of the time, as are 10 year old exams – negligence is negligence, products liability is products liability, defamation is defamation . . .

My point is that there are only so many ways these topics can be tested. Therefore, reviewing past exams is an excellent way to improve your chances of understanding the issues and addressing the correct issues on exam day. Anything you see today or tomorrow, you will remember on the day of the exam.

Based upon the many requests for further explanation of certain concepts – like how does Van Camp and Pereira play out on a Community Property essay, what is/how do I handle the “primary rights” view (which is a minority and California held view) in Civil Procedure? – I have decided to provide some free essays along with additional study tips for the coming days/hours).

I will be happy to send you a copy of some of the essays that I think either help illustrate these concepts or that I think are worth reviewing right before the exam. In addition, I will be happy to send you tips regarding the coming days/hours.

How do I get the free essays and tips: If you want to receive essays along with additional tips and information about the exam, please send an email to me at: pass@barnonereview.com and include “send me essays & tips” in the subject line. Please include your first and last name and the law school you attended. (I do not release any of this information and never, ever, sell contact information that I receive from students or blog followers. Your information is kept confidential).

Further Predictions for day three: I will continue posting on my blog through the bar exam. After I know what was tested on day one, I will provide my suggestions of areas to focus on for day three’s essays (predictions of sorts). I will make these public on Tuesday afternoon while you are taking the exam. However, in order for me to do so, since I am not sitting for the test, I need to hear from examinees as to what was actually tested. My students will contact me, but, the more I hear from examinees, the more I will know and the more focused I can be about making suggestions for areas to study on day three.

Help me help you: So, if you have a moment, please feel free to email me on Tuesday during your break with your thoughts on what was tested. The more I know, the more I can offer to you.

Hang in there, I know these last few days can be tough, but, be positive and believe in yourself.

Best of luck to all who are taking the bar exam!

Also, I want to thank you all for following the blog, we have had over 10 thousand views in less than a week and the blog has now (as of this past week) received over 200,000 hits.

Thank you so much for the following and for your positive feedback via email – it is greatly appreciated.

Best,

Lisa Duncanson
Program Director/Founder
Bar None Review
(949) 891-8831
barnonereview.com

Published in: on July 21, 2012 at 12:16 pm  Leave a Comment  
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