July 2014 Bar Exam Predictions: More Final Thoughts and Best of Luck to You!

Hello All,

All the best to everyone taking the bar exam tomorrow! Remember to stay positive and focus on doing your best, you can do it!

There is still time to join our July 2014 Bar Exam Tips List:

Each bar round I pick a test location and meet up with my students after day one of the bar exam. During this meeting I go over my revised essay predictions for day three (based upon what was tested on day one’s essay) and provide tips on where to focus your studies for day three of the exam.

I also provide an email version of this that I make available to my enrolled students who are at other test locations. This year, I will also make this available to blog followers. If you would like to receive this information, you can join our list here:

Please be sure to select “yes” or “no” in the drop down menus below and click on the “submit” button at the bottom of the form to be added to our list. Be sure to see more exam tips below this form.

Ontario Test Location Bar Exam Meetup:

If you would like to attend our Ontario Bar Exam Meet Up, we have a few spaces available. Send an email to me at: barexamguru@yahoo.com and we will get back to you on a first come, first served basis.  

Okay, and now a few more exam tips list: Areas that I have not mentioned outside of my class sessions include: the tracing rules (from Remedies – First in, First Out, Lowest Intermediate Balance Rule, Replenishment Theory) and Fifth Amendment Takings (specifically what is known as a “Regulatory Taking”). These two areas have not shown up in some time on the bar exam.

If you were to have the tracing rules tested, you would have an essay with a commingled bank account. If you were to be tested in the area of Regulatory Takings you would have a regulation that took away (limited, decreased, etc.) some use of the land. Past exams have included: an ordinance that provided the public the right to picket on private property and also statutes that limited land development due to a need to protect the habitat of an endangered species. If you were to see something like this, you would need to address the Fifth Amendment Taking issue and explain that while the statute or ordinance does not amount to an “actual physical taking”, the landowner may have a claim under a regulatory taking theory (this still allows for “just compensation”).

A little more on Property . . .

Property – As I mentioned in an earlier post, Property could repeat on the July 2014 bar exam (it was tested on the February 2014 bar exam). So if Property is tested tomorrow or on Thursday, what might likely show up? Well, Landlord/Tenant is one of the most commonly tested areas of Property. So, that is always fair game. However, Easements (it has not been tested in quite some time) is very possible (either alone or in a possible land sale contract setting or even with Landlord/Tenant). And as I mentioned in an earlier post, Covenants and Equitable Servitudes are possible.

If you were to get an essay on Easements and it was in the land sale context – the scenario could go like this: Betty is granted an easement by Grant for a 20-foot road. She receives this easement by express grant, but never records. Betty uses the road and ultimately paves a thirty-foot wide road and begins using it for part residential and part commercial use. Grant sells his land (the servient tenement, the land that is burdened by the easement) to Buyer. The issues become 1) Does Betty have a valid Easement, 2) Does Buyer take the land subject to Betty’s easement etc.The above scenario generates many discussable points.

To determine whether Betty has a valid easement you should follow the Easements approach:

1. Is the easement appurtenant or in gross? (this should be a very short discussion)

2. Is the Easement affirmative or negative easement? (this should be a very short discussion)

3. Creation – how was the easement created (PING)?

4. Scope – what is the scope of the easement and was the scope exceeded – or was the easement overburdened?

5. Was the easement terminated?

With respect to whether Buyer takes the land subject to Betty’s easement will likely require a few discussions: 1) a discussion of notice (actual notice, inquiry notice and constructive notice) and potentially recording act statutes and 2) a potential Warranty Deed discussion where you discuss the present and future covenants (six total).

**Incidentally, I think that an essay involving an Easement is just as likely an essay testing scenario in Property as is a straight Covenants/Equitable Servitudes essay.

Further Predictions for day three: I will continue posting on my blog through the bar exam (but, to get the complete inside view, please sign up for our tips list). After I know what was tested on day one, I will provide my suggestions of areas to focus on for day three’s essays (revised predictions for day three’s essays). 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 examinees I hear from, 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. I can be reached via email at: barexamguru@yahoo.com

Hang in there, I know these last hours can be tough, but, be positive and believe in yourself!

Best of luck to all who are taking the bar exam! Thank you for the following and for your positive feedback via email – it is greatly appreciated, I love hearing from you!

Lisa Duncanson

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

California Bar Results February 2014: What Should I Do If I Just Failed The Bar Exam?

NOTE: This is a repeat of a former posting, but relevant now, if you have just received failing results. Therefore I have posted it again. Good luck to all of you who are either repeating the bar exam this July or taking the bar exam for the first time this July. Time is on your side, especially if you utilize it. Here is my earlier post about “What to do if I failed the bar exam” – Also, please consider attending one of our free upcoming workshops: OUR NEXT FREE “How to Pass the California Bar Exam Workshop” will be held on May 22, at 7 pm in the city of Torrance, California, to register for this free workshop, click here.  And, for tips on how to create a study plan, click here.

We offer a variety of course options (including a live course designed specifically for the repeat taker as well as home study options, tutoring online and in person, The Score Maximizer Program, Performance Test Courses, Attorney taker bar review and of course our Bar Exam Cram Sessions). Best of luck to all.

What should I do if I just failed 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. When you 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 – contact me (Lisa Duncanson) directly at: pass@barnonereview.com

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. For tips on how to create a study plan, click here.

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.

Best,

Lisa Duncanson
Program Director/Founder
Bar None Review
(213) 529-0990
barexamcramsession.com

barnonereview.com

California Bar Exam Results: February 2014

Hello all,

Congratulations to all who passed the February 2014 California bar exam! So proud of testimonials like this that have been coming in since last night! We are so happy for our students and look forward to helping more student pass the July 2014 bar exam!

There is still room in our free “How to Pass the Bar Exam” workshop this coming Thursday as well as our Bar Exam Cram Session on May 31st and June 1st enter promo code: GURU for a $50.00 discount!

“To Lisa & the rest of the Bar None Review Staff:

WE did it! You have helped, yet again, countless people pass the California Bar Exam. Congratulations!

I would like to truly thank you for everything you have done and all the efforts you put forth to help me through this hectic process. After being unsuccessful after my first attempt at the CA bar, I honestly did not know where to turn or what to do to improve my performance. After spending money and dedicating my life to one of the “big-box courses,” I felt defeated. And then, I found you.

From our first meeting at your free workshop, you made me believe that I could do this, and that the bar is not something to be feared, just something you need to understand to pass.

During the course of our studies, you continued to make me feel like I could pass the exam and gave me every tool necessary to do so. Most days, I was even excited to open your materials and get started. I learned more than I ever thought I could and even felt semi-confident during the exam. Ok, afterwards I was a wreck, but who isn’t!

When I saw those green letters appear on the screen last night, that my name appeared on the pass list, I couldn’t have been happier. I have been waiting for this day for years and owe it to you.

From my heart, I thank you, Lisa.”

Chelsee Montgomery, Esq.

California Bar Exam Predictions: July 2013 Bar Exam – Part One

First of all I want to wish you all the very best of luck in your studies this week and I want to thank you for following my blog. I am truly humbled by the responses from examinees who have sent emails – thank you so much.

If you would like to reach me directly, please feel free to send me an email at: pass@barnonereview.com

Today, this blog will likely reach over 400,000 views. I am deeply humbled by the following. It truly gives me great satisfaction to be able to reach so many and to provide assistance to those who are in the midst of their bar studies.

A few caveats about my “predictions” . . . 

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. In the coming days (today included) I will be releasing these essay scenarios. Know that no one can predict what will be tested on the bar exam. And, anyone directing their studies completely around what someone has “predicted” is not making a sound bar exam prep decision. That being said, it cannot hurt to entertain potential essay scenarios – especially if this causes you to seek out examples and to improve the focus and intensity of your review. You should, of course, be prepared for any subject as any subject can be tested.

My commitment to my enrolled students: Please understand that my students who pay to take my course do not appreciate it if I release our “predictions” weeks in advance to the world. They pay for the privilege of our insights – at least they see it that way. So it simply isn’t fair to give away part of what they pay for to everyone else for free. In past rounds I have not made this available outside of our course. However, last year, after being asked over and over again, and after discussing it with my paying students (how they felt about it) I decided to release “predictions” – or – possible essay scenarios.

So here is the plan, As I have done in the past year, I will release the essay scenarios I have come up with over the coming days (one or two topics a day). To do anything else would really not be fair to my enrolled students. I hope you understand.

So here are a few thoughts on what I think could be tested:

Constitutional Law: Note: this was on my list of possible repeat topics for the last bar exam. It did not repeat and therefore, now that it has been skipped for an entire bar round, it is a subject that many are predicting. I also think that Constitutional Law is a very likely subject for testing. Possible areas of testing within Constitutional Law: I think an essay that requires you to address the constitutionality of a statute (state or federal) which can then require you to address due process (both substantive due process and procedural due process), commerce clause, dormant commerce clause (if it is a state statute regulating an interstate activity). While this is not the only area that could be tested, it is an area that the bar examiners have not tested as recently as some of the other testable areas. Free Handout: I provide a free downloadable approach for determining the constitutionality of a state or federal statute –  this approach will tell you when you should and should not address 11 Amendment immunity and provides a checklist of the order of things to go through in writing an exam like this – often students do not understand how a constitutional law question can bring up many different issues – 11th Amendment Immunity, Due Process, Equal Protection and Commerce Clause OR Dormant Commerce Clause can all very easily be tested on the same essay exam. So it is often not a matter of which you discuss but, how quickly you can manage to discuss all of these topics. I will be making this handout available again through this blog later today.

Evidence (or as I like to call it: Off to the races):  Like most people would predict, I am leaning towards an Evidence exam. Transcript style has not been tested in some time so I would not be surprised if you see that. Bear in mind, most are predicting this topic. As a result, most have given this area a bit of extra treatment in their review. Evidence essays are typically racehorse exams. This is important to keep in mind because you will need to work quickly and begin writing your answer as soon as possible to allow for enough time to address as many relevant (sorry for the bad pun) issues as possible. Be sure to know your form objections (for example: leading, non-responsive, assumes facts not in evidence, etc.). A great way to prepare for any essay tested subject is to review past essay exams. This is particularly true of Constitutional Law and Evidence. By reviewing past exams you can develop an efficient approach (which is necessary for both of these topics as both typically involve many issues on just one fact pattern).

POSSIBLE REPEAT SUBJECTS APPEARING ON THE JULY 2013 BAR EXAM (third time could be a charm):

Every bar round, the bar examiners repeat subjects from the prior bar round. Therefore, you should not eliminate any topic or presume that a subject will not be tested this July simply because it showed up on the last bar round or, showed up on the last two consecutive bar rounds. That’s right – subjects repeat sometimes back to back – three times. Civil Procedure has appeared back to back three times as have many other subjects. Therefore, I would not be surprised – nor should you be surprised – if you were to see either Civil Procedure OR Criminal Law – tested again (for a third time in a row) on the this next bar exam. Below are a few scenarios to consider should you see either Civil Procedure repeat or Criminal Law repeat:

Civil Procedure could come up again:  Some of the most commonly tested issues in civil procedure are: jurisdiction and collateral estoppel and res judicata. Another area that has not been tested all that recently is supplemental jurisdiction (bear in mind that if supplemental jurisdiction is tested, it will likely be what I refer to as a “tack on” issue or call because it would not be a large part of the question, but rather a shorter call within an essay exam). Typically you would expect supplemental jurisdiction to come up in the context of a Federal Diversity Jurisdiction essay. 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, it is not all that unusual that it has not come up in a while. Still, it is an area (Class Actions) that I would be certain to be familiar with in the event that it is tested. Even though class actions has been absent for many bar rounds, it is still no more likely in my mind, than jurisdiction or Collateral Estoppel and Res Judicata. What about California Civil Procedure? Well, one area that has yet to be tested on the California bar exam is the area of SLAPP Suits and Anti-Slapp Motions. I will write more about this possible area of testing in the coming days. In the meantime, I would give it a quick review.

Civil Procedure Tip: 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. If you need further explanation of the “primary rights” view – please let me know and I will add a bit more here.

Criminal Law – especially – crossed with Criminal Procedure could come up again: Criminal Law was tested last on the February 2013 bar exam and on the July 2012 bar exam. However, Criminal Procedure has not been tested recently and neither has a murder exam. (The  February 2013 exam tested accomplice liability heavily and did not include any criminal procedure and the July 2011 exam tested larceny and other possession crimes but, no murder). As a result, I think that a Criminal Law murder exam, crossed with a significant amount of Criminal Procedure is a good possibility. I also think that an exam with only Criminal Procedure is possible as well.

NOTE: I do not think it is incredibly likely that you will see both Criminal Law/Procedure and Civil Procedure on the July 2013 bar exam. However, I do think that each is as likely to show up – so be sure to review both topics – do not dismiss either subject.

Okay, so that is it for now. Okay, well maybe not . . . make sure you know the California tests for value enhanced separate property businesses (Van Camp and Pereira) . . . more on this (Community Property) soon (this should serve as a hint to one of the next topics on my “predictions” list).

In the meantime, keep at it. Believe in yourself and stay positive. Maintaining a positive attitude in the days leading up to the exam is key. There is still a lot of time – use it well. You should expect any topic and be ready for any topic. To that end – please read my prior posts about the importance of reading and studying past bar essays.

Clearly, no one should try to rely on predictions to guide their studies. You simply need to know everything as well as you can. Still, I think it can be helpful to have some possible essay scenarios to keep in mind especially in the few days leading up to the bar exam, just to have something new to focus on. Then in the event that you see any of it, you will feel good. And the odds that some of the above will be on the exam is fairly high (and that is not because I have some crystal ball, it is simply because there are only so many subjects, a person could throw a dart and get at least some right).

I hope this is helpful. Please, please understand that I give this out at this time as a way to be helpful and also to respect my enrolled students who are, after all, entitled to receive this information first. I wish you all the very best of luck. Best of luck to you all!

Lisa Duncanson
Program Director/Founder
Bar None Review
(213) 529-0990
barnonereview.com

California State Bar Exam Releases Answers to February 2013 Bar Essays

Hello everyone,

The California bar has released their “selected answers” to the February 2013 bar exam.

You can view and download the February 2013 released answers here.

All the best to all who are studying for the July 2013 bar exam!

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!

California Bar Exam Tips: Free Score Review & Free Workshops

Hello All,

If you failed the July 2012 bar exam, you should know that you are not alone. The complete statistics will be available on the California bar website soon. Pass rates for the July bar exams are usually just about 50%  So, if you did not pass, you know that you are among a significant number of people who are in the very same position.

What do I do now?

So what do you do now? Do you take another bar review course? Do you hire a private tutor? Do you study on your own? The answers to those questions will be different for everyone. First, you need to properly evaluate why it is that you failed. Second, consider attending one of our free bar exam workshops.

Free Bar Exam Workshops

We will offer a free bar exam writing workshop during the next week, for more information and to register, contact us at (213) 529-0990 or via email at: pass@barnonereview.com

Free Bar Exam Score Review

We provide, for a limited period of time (as our classes and private tutoring obligations begin and then we are just not available to provide this service) a free review of your past bar scores. In order to participate in this program, you will need to send your scores to pass@barnonereview.com. We only accept scanned in score sheets or faxed scores sheets at this time (we do not accept your typed in scores in an email). We have to be sure that we are dealing with you. In addition, provide a phone number where you can be reached (all score reviews and evaluations are conducted via phone). If you would like to send your score sheet to us via fax, simply send us an email and we will provide you our fax number.

Why should I have my scores reviewed?

As a repeat bar examinee, the first step to passing the next bar exam is to review your bar exam score sheet. This can be a very confusing piece of paper. Partly because it is simply just painful to look at. Here you are, you have just received the terrible news that you have failed the bar exam and now you have to make sense of the scores. In my experience, examinees very often do not understand how the scaling works or what equals a passing “raw” score. So hopefully, what follows below will be of help to you.

Because the scoring of the California Bar Exam is scaled, it is not easy to understand what a given raw score means nor is it clear where you will need to focus from numbers alone. For example, if an examinee scores consistently the same scores on their essays (i.e., all sixties or three fifty-fives and three sixties) it will indicate a different problem than an examinee whose scores have a greater range (i.e., one 45, one 75, two 65s and two 60s etc.).

What is a passing raw score for an essay or performance test?

First of all, the raw score that is passing for the essays, performance tests and the MBEs varies from bar exam to bar exam. Most examinees incorrectly believe that a 70 is always required to pass an essay. However, this is simply not the case. In the past several bar rounds, a passing raw score on the essay has been as low as a 61 and as high as a 63 – not a 70. Of course, a 70 is a much better score to receive and better yet, 80s are really what you should be shooting for – this is the score we do our best to teach our students to be able to achieve consistently.

What is a passing raw score for the MBE?

The passing raw score for the MBE in the past few years has gone down dramatically. Several years ago, to pass the MBE portion of the exam you really needed to achieve at least 70% correct (a raw score of 140). However, in the past couple of years, the raw passing score has been between 62% – 66% (a raw score of 124 to 133). However, your practice scores should be much, much higher to ensure that you will do well enough on the MBE portion on the actual exam day.

Once the California bar releases the full statistics, some of these numbers will become more clear. However, what is most important is where you are – how far away from passing were you really? Most examinees that I speak with are quite off base when they call in to discuss their scores. There is a lot of misinformation out there. I have been following message boards and I am shocked at how little examinees know about how the test is scored. This is the fault of both law schools and bar preparation courses. It can be incredibly helpful to have someone who is knowledgeable about it to help you interpret your scores. This is really the first step in figuring out what you need or don’t need.

Free Downloads & Further Assistance

Also, be sure to visit our bar review course website free downloads of some of our Bar Exam Writing Templates as well as advice for those who are repeating the bar exam. Click here for additional Repeat Taker Information and click here for free downloads of some of The Exam Writing Templates.

Good luck to you and do not give up, this exam is do-able!

Thank you for reading and please feel free to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

Lisa Duncanson
Program Director/Founder
Bar None Review
(213) 529-0990
barnonereview.com

July 2012 Bar Results: Common Questions, Getting Sworn In, Workshops

Hello All,

For those of you who are waiting for bar results, I wish you the very best of luck! In less than 24 hours you will learn whether you have passed the California bar exam!

I want to thank all who have written in and who have made comments on this blog. I am very thankful for your following and appreciate your feedback and support. The blog has received over 270,00 views . . . thank you for reading and for spreading the word.

I want to address some of the common questions and concerns I receive around this time of year.

1. If I fail the bar exam, will I get my scores right away?  (Note, I have written extensively about “what to do if you fail the bar exam” and will do so again. You can search this blog for earlier posts that provide advice on what to do in the event you fail the exam). If you fail the bar exam you will not get your scores immediately. However, the bar examiners will send you your scores via regular mail right away. Most examinees receive their scores by the following Monday or Tuesday after bar results are released. The only information you will receive from the state bar website’s pass list is whether you are on the list or not. If you passed you will know because you will see your name and will be told that your name “appears on the pass list”. If you do not pass the exam, you will essentially only be told that “your name does not appear on the pass list” (this is the message that a person receives on the state bar website at http://www.calbar.org if they have not passed). This leads me to the next commonly asked question . . .

2. If I receive the message: “your name does not appear on the pass list”, could it be a mistake? Well, sure, it is possible. But, not very likely. Rumors that people have been told they failed online and then received letters in the mail that they had in fact actually passed are just that – rumors. In past years, the state bar exam website has crashed (due to high traffic). However, when this has happened examinees were simply delayed in obtaining their results until the site was up and running again. To my knowledge, the crash did not result in anyone receiving incorrect results. So, the short answer is: no, sadly, if you receive the message “your name does not appear on the pass list” then it is pretty certain indicator that you have failed the exam. I get this question quite a bit on the evening of bar results and I always feel so badly that examinees sometimes are left wondering if there could be a mistake. It just goes to prove how difficult this exam is and how you can study incredibly hard and still not pass. So don’t be too hard on yourself if you get bad news. Instead, work on figuring out why you did not pass and then address those issues.

Should you learn that you did not pass, know that you have time to come up with a solution: a game plan, a strategy for passing the next exam. (Don’t let any bar review provider pressure you into committing to a program immediately. There is time. It is important that you take some time to find the right fit for you – don’t allow yourself to be bullied. I hate to use that word, but, quite frankly some bar review providers are pretty aggressive – others are not – trust your instincts and don’t let anyone push you around).

Here’s hoping you are not looking for another bar review course, but instead are looking for where to be sworn in . . . we will provide a list of swearing in locations soon – check back – we will post this information soon.

Also, please spread the word – we will be offering workshops on “How to Pass the California Bar Exam” (See details below).

All the best to all who are waiting for results!

Our next “How to Pass the California Bar Exam” workshop will be held on Wednesday, November 28, 2012

Workshop attendees will receive free handouts (including selected Bar Exam Writing Templates). Space is limited. To reserve your space, contact us at: (949) 891-8831 or via email at: pass@barnonereview.com

Additional workshops to be held on:

Saturday, December 1, 2012  – 10:00 am – 12:30 pm (How to Pass the California Bar Exam Workshop)

December 1, will likely conclude our series of free workshops for this bar round season as we will then need to focus exclusively on our enrolled students.

 

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

California Bar Exam – Day One’s Essays

Hello All,

Congratulations to all who have completed day one of the California bar exam! You are now one third of the way done!

I will be meeting with a group of my students in Ontario after the test this evening. But, I wanted to first let you know what I have heard was on the test, hopefully help you put it in perspective and also give you some suggested areas to focus on for Thursday’s essays.

So no real surprises so far – Civil Procedure (as most predicted), followed by Community Property  (with a little Professional Responsibility) and then Evidence (with CA distinctions). I felt that of the subjects that were most likely to repeat from the last bar round that it would be either Evidence or Constitutional Law. I also thought that IF Evidence were to repeat that you should be extra prepared for spousal and/or marital privilege. So far there was nothing that wasn’t expected.

Just so you know, many people have reported in with their list of what was tested (thank you to everyone who did that, by the way) and most people indicated that they had trouble finishing the last part of the second call on the Evidence essay. This is not unusual. If you did not finish, rest assured you are NOT alone AND it does not mean that you have failed, absolutely not. However, make sure you push yourself on day three to finish all three essays the best that you can.

And, just remember, many, many people will not have finished the third essay completely – and yet they will still pass. It is all in how you internalize it. If having run out of time ruins your confidence then that is a bad thing. Don’t throw the test away or let yourself become defeated simply because you ran short on a question. It is not the end. Today is over and make sure that you think of it that way – as being over, past, not on your mind any longer – only look forward. There is no point in agonizing over what did or did not happen today. Focus on tomorrow and on Thursday.

So, there are two things I am providing in this post: 1) a bit about today’s test (remember – I have not seen it, but, I have compiled information from examinees who wrote in) and 2) some thoughts on what you might want to focus on for Thursday’s essays.

July 2012 Essays – Day One (please keep in mind, this information comes from student accounts – if you remember something differently, do not panic or worry):

Essay 1 – Civil Procedure (PJ and SMJ, amount in controversy posed as issue)

Pam and Patrick are citizens of State A. They were travelling in State B when the got into an accident with State B driver from Corporation.

Corporation is incorporated in State B and does business exclusively in State B and its warehouse and workers and drivers are in State B.

Pam and Patrick sue in federal district court of State A. Pam is suing for personal injury of $70K and property damage of $10K. Patrick is suing for damages of $6K.

Corporation sought dismissal on the grounds of personal jurisdiction and court denied. Final judgment of $60K and $4K for Pam and Patrick. **

Corporation appeals to court of appeals on the basis of subject matter jurisdiction and personal jurisdiction. How should the court rule? Discuss.

**Note: I heard from some examinees that the corporation was a Canadian corporation,  so I presume this played out in the fact pattern as well – but, again, I have not seen the fact pattern. Most examinees felt that this essay was pretty straightforward.

Essay 2 – Community Property/Professional Responsibility

Wendy and Hal are married and live in California.

Hal likes to drink and Wendy kicked Hal out of their family home and told him not to come back until he finishes an alcohol treatment program.

Hal drinks, then drives, hits and injures a pedestrian. Pedestrian brings a civil suit against Hal. Wendy learns of the suit and tells Hal she wants a divorce. Hal is unemployed and the only asset he has is his interest in the family home which he and Wendy purchased together during their marriage.

Hal consults Lawyer about representing him in the civil suit. Lawyer asks Hal for a promissory note and lien on the family home. Hal accepts.

1.     Is Wendy’s interest in the family home subject to recovery of the civil suit.

2.     Is Wendy’s liable for the attorney’s fees.

3.     Did Lawyer violate any ethical rules? Discuss.

**Note: this essay was a bit different (at least that is what some have reported). However, there were no unusual concepts tested – nothing new at all. It was of the three essays, I think the one that most would find a little awkward. There was not a ton to write about on this one (that is often how Community Property essays go and that can make examinees feel like they are missing something. So, if you feel like it was too simple, don’t worry about it. And, besides, there is no point in worrying about it at all now. Just move forward and do your best tomorrow and Thursday!

Essay 3 – Evidence (I said that Evidence was on my list of topics that I felt were most likely to repeat and thought that spousal and/or marital privilege would be a likely point on the exam – it appears this was the case – nice – hopefully you reviewed this area a bit). And, as I said above – most people expressed difficulty in finishing this essay. So don’t worry too much if you were unable to finish the third part of the second call, it is pretty typical to run out of time on these. Here are the facts as reported to me:

Vicky is murdered. The prime suspect is Dean who is a rival business owner. Dean is married to Whitney.

Two weeks before the murder Whitney learns that Dean has been cheating on her with another woman. Whitney is upset and she tells Dean that the marriage is over and she moves out. Seeking revenge Whitney agrees to testify against Dean. During recess Whitney and Dean reconciled. Prosecution calls Whitney to the stand and Whitney refuses to testify. The court threatens Whitney with contempt and Whitney reluctantly testified that on the night of the murder Dean had mud on his shoes.

Prosecution calls Ella. Ella testifies that on the night of the murder she was standing at her kitchen window that was 20 feet away from Dean and Whitney’s home and she overheard Dean say to Whitney “I just killed the gal that stole my biggest account.” Whitney and Dean were unaware that Ella was there.

Dean calls Fred to testify. Fred testifies that on the day after the murder he was eating in a coffee shop when he saw two gangsters Gus and Hit. Gus asked Hit “did you take care of the Vicky business?” and drew his index finger across his throat.

Was the prosecution proper in calling Whitney to the stand? Discuss.

Was the testimony of (a) Whitney (b) Ella, (c) Fred proper? Discuss.

**It should be noted that because this case is a criminal case, that Proposition 8 applies. This does not mean that your analysis is any different – it simply means that it is worth pointing out that Proposition 8 is applicable because this is a criminal case and you are specifically asked to address California law.

So Now What?

So far what has been tested is pretty much what I expected – nothing unusual at all. Now, that doesn’t mean the rest of my “predictions” will all be on target. I am looking forward to hearing what was tested on the Performance Test this afternoon as this might change what I am thinking about what might come up on day three’s essays.

Obviously, Professional Responsibility is on virtually every essay exam. But, out of the past 23 bar exam administrations it was skipped from the essay section (completely skipped) two times. So, you just might not see it on day three. But, statistically it is more probable than not that Professional Responsibility will come up in some form (either as a cross over again or as an entire essay).

I am still leaning towards Criminal Law and Procedure (please see my previous posts: “Predictions” – Part One and “Predictions – Part Two). I am sticking to what I suggested from the beginning. Nothing happened today that was unexpected and all was from the list. I suggested Products Liability (and most have predicted this for July). However, now I am thinking that is perhaps just too easy. Be prepared for it, assume it will be there – because most people are assuming that – but, make certain that you don’t bank on it (or on any of mine or anyone’s “predictions”).

Remember that Defamation could be just as likely. And, I still think a Torts cross-over with PR is possible (malicious prosecution, abuse of process, PR – this is not an unusual combination). So be ready for Torts. If you do get Products Liability recognize that everyone is expecting that – so you will need to do a really good job on this exam in order to distinguish yourself from the pack (and that is something you need to do – make your essay look better than most – use headings, lots of headings and know the approach).

Something significant about today’s exam is that you were only tested on one MBE subject – most exams test two or three essays that are MBE subjects. So . . . that means I would expect at least one more. I would not write off any topic at this point (I know no one wants to hear that, but, you need to realize that anything is always fair game). In fact, on my bar exam we had an Evidence essay on day one (transcript style) and then on day three we had a Community Property/Wills/Evidence essay. The evidence question was a spousal and marital privilege issue. I managed to get through it, but, I had not looked at Evidence since day one – so let that be a warning to you.

I believe that Professional Responsibility could be tested as an entire essay or crossed with virtually anything. Criminal Procedure and PR show up together as do Torts and PR and really – any subject could be crossed with PR. But, Criminal Procedure and Torts both make for good cross overs with PR.

I will write more when I hear from students this evening about what was tested on the performance test.

Until then, review the areas that you are least comfortable with and also review my prior posts regarding the “predictions” (Part One, Part Two) as all of this is still relevant since nothing showed up today that was unexpected.

All the best to everyone who is taking the bar exam today. And, a big thank you to all who wrote in with your synopsis of the exams!  And, a big fat disclaimer: as you know I have not seen the test. PLEASE, please, please d0 not get worried if the facts above are different than you remember the facts to be. This is just some information that was compiled from some examinees.

Stay tuned for more later!

Best,

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

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