Bar Exam Tip: Should I Study for the Bar While Waiting for Bar Results?

Leave a comment

So now you have the July 2015 bar exam behind you (congratulations) and hopefully you have been able to enjoy some of your summer. Bar results are still months away and probably one of the most common questions I receive at this time of the year is: Should I study while I am waiting for my results?

The answer to that question depends upon a lot of variables. Each examinee’s situation is different and so whether you should continue your studies while you wait for your bar results really depends upon your own unique circumstances.

I don’t recommend it to everyone to study while waiting for results. However, there are some good reasons why you might want to consider opening up those books while you wait.

1. If you feel as though you did poorly on the bar exam. If you feel you did poorly on the exam, then studying some now while you wait for results, is a good idea. If nothing more, it is a little bar review insurance. If you find out that you passed the bar exam, I doubt you will regret the fact that you put in some time studying that apparently wasn’t needed.

2. If you are working full time. If you currently have a full time job, will you be able to take time off from that job to study if you do not pass the July 2015 bar exam? No one plans on failing the bar exam. However, too few examinees give much thought to a game plan in the event that they do not receive passing results. Something you can do now is to spend a few hours each week until bar results come out in November (see, you have a lot of time). This way, if you do fail, you will have already made some headway with the material and the task ahead of you will be less daunting. In addition, you won’t be trying to juggle quite as much in the event that you are unable to secure time off from work to study full time again. And, if you are fortunate enough to receive passing results, then no harm, no foul. You won’t regret it.

3. If you did not finish a portion of the test. if you were unable to finish one of the essays or perhaps were unable to finish one of the performance tests, you may very well want to start studying again just to be on the safe side. While failing to finish an essay or even a PT does not mean you have failed, it is an indication that things did not go as planned. If it were me, under these circumstances, I would start putting in some study time early.

The bottom line is only you know how you feel about your performance on the July 2015 bar exam. As the test is designed to be difficult, it is normal for it it feel very difficult. Most examinees (pass or fail) do not walk out of the California bar exam feeling like they aced it. So try to keep it in perspective. But if you have serious doubts as to whether you passed the exam, then I recommend putting in a little time now on a weekly basis. It simply can’t hurt.

All the best to those who are waiting for bar results!!!

Sincerely,

Lisa Duncanson, The Bar Exam Guru

Founder/Program Director Bar Nine Review and The Bar Exam Cram Session

213-529-0990

Bar Exam Predictions – Update, Final Thoughts

Leave a comment

Congratulations on completing day one and day two of the California bar exam!

So far all of the topics that were tested on day one (on the essays) were on my list of predictions. As a result, I do not have real changes to the predictions since nothing tested on day one was off my list. However, I do have a few final thoughts and a few downloads for you that may assist you in the event that you see either Evidence or Constitutional Law tomorrow.

If you have not seen my predictions yet, see my blog post from a few days ago with a list of predictions here

Final thoughts and Free Handouts
Based upon what was tested on Day One, I still think you could see Constitutional Law and/or Evidence. In case you would like a shorthand approach for Evidence, you can download one here and if you would like to review a sample Evidence Transcript style essay, complete with form objections, you can download a past Evidence Transcript style essay here. Also, here is a Constitutional Law essay that I highly recommend reading and reviewing the answers to (as these areas of Constitutional Law have not been tested since 2005).

I still think you could see Community Property or Corporations. I am leaning slightly heavier towards seeing a Corporations essay now given that everything tested on the first day of the bar exam was an MBE topic (remember, Civil Procedure is now an MBE topic).

Beware of cross-overs! Typically each bar round there are 8 topics tested on the essays – meaning two of the essays are cross-over essays. Since Day One did not seem to have cross-overs (and remember I have not seen the actual exam yet, so I am going completely off of examinee reports) I would expect to see at least one essay that is a cross-over essay. In the past, the California bar has tested a cross-over essay with Community Property, Wills and Evidence. It happens and when it does the calls of the question usually refer to each of the separate topics. In other words, you will likely be told what to write on if you have a cross-over that contains three subjects. It is not as common as seeing Criminal Law crossed with Criminal Procedure, but it happens. And since I still think murder (see below) could be on the exam, perhaps it could show up with Evidence, just a thought.

Beware of Criminal Law Murder STILL! While it would seem a little unusual to see Criminal Procedure on day one’s essays and then see Criminal Law Murder on day three’s essays, it is not an impossible scenario. Remember, that the bar exam has tested the same subject (different topics and issues) twice on the same bar exam. Professional Responsibility has shown up on both day one and day three’s essays. So has Remedies, Contracts and Torts. Just keep this in mind and do not write off the possibility of getting a murder exam tomorrow.
I do think you have to have at least one non-MBE topic tomorrow. This could be Professional Responsibility, or any of the non-MBE topics. But, remember, the examiners could skip Professional Responsibility on the essays and test it on the Performance Test instead.
The most important thing for you to do is to put today and Tuesday behind you and not think about it anymore. If you feel you missed things or could have done better, then you feel like everyone else (including myself when I took the bar exam and passed it)!
So put it behind you, do not entertain anyone else’s version of what was supposedly tested or what you supposedly should have written. Yesterday and today are behind you (congratulations)!
Believe in yourself, review what you can this evening, be confident, make an effort to relax, and to be positive.
Maintaining a positive attitude tonight and tomorrow is important, it is critical. So make the effort to be positive – choose this attitude, choose to believe in yourself.
All the best of luck to you tomorrow!

Sincerely,

Lisa Duncanson
Founder/Program Director Bar Exam Cram Session and Bar None Review
213-529-0990

Bar Exam Tips: Where to Focus in the Final Days

Leave a comment

Hello All,

Thank you for following my blog. If you are about to take the July 2015 bar exam then you are undoubtedly getting at least a little nervous. This is completely normal. As it gets closer and closer to the bar exam and you are down to a matter of days, it is increasingly important that you control your focus and that you have a plan. If you have been following this blog you will know that I do not believe that memorizing 150 page outlines for 15 subjects is an effective or realistic way of preparing for the bar exam. You need to have your material that you are memorizing condensed down to what you actually need to know and what you can actually use on the bar exam when writing an essay or analyzing an MBE. The shorter and more concise definitions and rule statements you can have memorized – the better.

Think about it this way – if you are trying to analyze an MBE from a one paragraph definition or rule (and this is what many – if not most – bar prep courses provide) it will be very difficult to do. The same goes for writing a passing or above passing essay. You simply do not have time to include long, unwieldy rule statements. You need to be succinct, to the point and clear. One of the most effective ways to achieve this on the essays is to use what I call “working definitions” – these are definitions that are complete, but are not longer than necessary and as a result are clear, do not confuse the grader, do not take a long time to write down and are effective because your point is clear. If you are using clear and succinct definitions, your analysis will become more clear and concise as well. This is really critical.

The next really important thing to focus on in the coming days (and I mean laser focus) is how you are going to approach each essay topic. Do you have an approach for Defamation, for example? Do you have an approach for Products Liability? Do you have an approach for a Contracts formation problem? These are the things that you should be thinking about and working on in the coming days so that you are prepared for how to attack and write a passing answer for any essay topic.

Memorizing long, unwieldy outlines at this point is not a good plan. Your MBEs should be in shape (or come into shape) by your simply doing MBEs and memorizing shorter rule statements. Your success on the essays will be dependent upon your ability to identify the issues and whether you have an approach for each topic (sub topics like defamation and products liability – as opposed to an approach to all of Torts). This information is not to send you in a panic. You can start creating shorthand approaches for each topic now and be ready in a week – truly. But, remember that you need to prepare for the actual test – you will not be writing out a contracts outline on exam day – you might be asked to write a Contracts essay – but not an outline. So keep this in mind in the coming days as you prepare and work on memorization.

And, if you are at a loss for these things, we still have room in our final Bar Exam Cram Session. We address all of these things, provide you with working definitions and approaches that reflect what the California bar examiners have historically embraced on the essays. These same definitions and approaches make navigating the MBEs easier as well because you are working from a more succinct and concise version. Our students credit their passing to this two day course. We also provide you with a study plan that tells you what to do every day leading up to the bar exam so that you maximize your study time. To register or for more information, visit our site: BarExamCramSession.com

Thank you again for reading the blog and all the best to everyone who is studying for the July 2015 bar exam!

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

Bar Exam Tip: Bar Exam Predictions, Criminal Law Murder

1 Comment

Hello Everyone,

Thank you again for following the blog. We are almost at 700,00 site visits, so thank you!

I have not yet released my predictions publicly, but I will. Please understand that my enrolled students get access to the predictions first. Our last Bar Exam Cram Session on July 18th and 19th will be the last time we release predictions in our classroom setting. At that point all of our students will have my predictions. Once our students have had an opportunity to have the predictions, I will begin releasing these publicly on the site. It will likely be (as always) the week before the bar exam. For more information about our last Bar Exam Cram Session, click here, we still have some spots left.

In the meantime, however, I wanted to post an approach for Criminal Law Murder. I personally think that Criminal Law Murder is due. While Criminal Law has been tested several times in recent years (including showing up back to back on two consecutive bar rounds), the bar examiners have not tested Criminal Law Murder in several years. So, I think it is safe to say that it is coming soon.

First, a few words about my “predictions” . . .

I can not predict what will be on the bar exam. I have had a lot of luck in making the predictions that I make. I am glad of that. I spend a great deal of time reviewing several years of past exams and put in a lot of effort to come up with these predictions. However, no one can predict the bar exam. And, whatever you hear about predictions, you should NOT study based upon predictions. That being said, I think it is helpful to think about possible essay scenarios that might be a bit more likely to show up on the bar exam because these areas have not been tested in some time.

Also, understand – my theory and philosophy towards the bar exam is to be ready for anything – I firmly believe that is the best way to prepare. So, whether or not Criminal Law Murder shows up on the bar exam this July 2015, you want to walk into the bar exam prepared to write a Criminal Law Murder Essay. That is how you want to prepare for the bar exam.

The following is from an earlier post that I wrote covering the basic murder approach that we have seen traditionally embraced by the California bar examiners. You may have come across this post earlier if you have been searching through older posts. If so, this will be familiar to you – either way it is a good refresher.

Incidentally, if murder were to show up on the exam on day one or day three of the July 2015 bar exam, then I would not be surprised if it were crossed over with some of the lesser tested areas of Criminal Procedure. We have not seen any 8th Amendment issues in some time (see the “Free Stuff” page for a free download of an exam template for this area) and we also have not seen much testing of the 6th Amendment areas of void dire (peremptory challenges, right to an impartial jury, etc.). So these areas could easily be tested this bar round. Evidence is also an area that can repeat and sometimes we see it as a cross-over with Criminal Law, Criminal Procedure (and if you read my post from a few days ago – we have seen it tested with Wills and Community Property as a cross over with marital and spousal privileges).

It is this simple – as I have always maintained over the many years of writing this blog – the bar examiners can test anything on any bar exam round. I do not say this to send you into a panic. It is simply true. As a result, there will be topics that you are hoping for and there will probably be a few you hope not to get – that is the nature of the bar exam. But, you can do it, do NOT give up no matter what you see on the exam. And, remember, you have time to prepare adequately.

The bar exam is still weeks away. I know it does not seem like much time. But, if you use it effectively, then you can absolutely prepare in time. Our students in our last Bar Exam Cram Session generally come in without any approaches to the bar exam and yet, they are able to take the approaches we provide in class and memorize these and write the bar exam using these approaches. So, you have time now to start working on these things. I had to come up with my own approaches to the essays because the commercial bar prep companies at that time were not providing essay approaches. In fact, they still don’t. If I can come up with my own, you can too. Take control over your own bar studies and make certain you prepare from here on forward in such a way that you will know how to write any essay that you face. And, remember you should prepare for every topic, because any topic could come up.

YOU NEED TO HAVE AN APPROACH FOR EACH TOPIC

As a bar taker you will undoubtedly walk into the bar exam and have a very good grasp of the rules for Murder. However, it is very important that you are able to make your way through all of the necessary points efficiently and in a manner that the grader will recognize as a passing or above passing answer. This requires an essay approach. You should walk into the bar exam with approaches to every topic (each bar subject has either one approach or several. For example, Contracts really only has one approach – the approach for Contracts is essentially the same regardless of the Contracts essay, the only differences being whether you write on the Common Law of Contracts only or if you have a UCC exam. On the other hand, Torts has several approaches – a defamation approach, a products liability approach, a negligence approach a torts/remedies approach and a miscellaneous torts approach. I will do my best to write more on these topics as I have time).

DO YOU KNOW HOW TO START WRITING AN ESSAY

My point is that there is a lot you can do to effectively prepare for the bar exam now so that on exam day you know exactly what to do, what to write, how to start your essay, etc.. You should NOT be trying to figure this out on exam day. If you are in that position, you are likely to fail. So please take it upon yourself to prepare NOW for these situations. You know that you are going to have to write essays – so figure out ahead of time how you will start each topic.

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 because you have an approach).

APPROACH FOR HANDLING A CRIMINAL LAW MURDER QUESTION

First address: Common Law Murder – 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 – this has not been tested in years), self defense, defense of others etc. that can all work 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.

Thank you again for following the blog!

Lisa Duncanson

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

Bar Exam Tip: What Should You Do for the Final Four Weeks of the July 2015 Bar Exam

Leave a comment

Hello Everyone,

The bar exam is one month away! So now what? You are studying and the pressure is mounting because you have only four weeks left. It is critical that you maximize the time you have left. This is the time (now) that can often make or break a bar round. By that I mean if you really take control over your studies right now, you have the time to accomplish whatever it is you need to accomplish in order to pass. What that is exactly – for you – may be different than it is for someone else. For example, how are your MBEs? How many have you done so far? If you are getting less than 70% in practice, then you have some work to do and you need to get on it quickly. This is one of the reasons that I am NOT a fan of the one-size, fits-all kind of daily assignments that students get with most commercial bar prep companies. You need a plan for your studies from here on out so that you make the most of these next four weeks.

One of the most important aspects of your bar study is having a successful study plan. I have written several posts on this topic in the past, but here is an updated version for those of you about to take (and PASS) the July 2015 bar exam!

WHAT IS A SUCCESSFUL STUDY PLAN

Before you can develop a successful study plan, it is important to understand what makes a successful study plan. I do not mean an assignment list provided to you by your bar prep provider. Assignment lists or “schedules” are, in my opinion, one size fits all, task lists. I personally think these are designed to keep you busy more than actually prepare you for the bar exam. If you happen to be taking a program that has provided you with a very long set of assignments for each day and you are having trouble keeping up with this schedule – then you owe it to yourself to do something about it – while you still have time. I get calls and emails all of the time from students who are now a month away from the bar exam and are days and weeks behind what their bar prep provider has told them they should be doing. This is not a good feeling at all.

If you are in this position, then you need to do something about it. Make a plan for yourself – one that works for you, for your schedule, your availability and is tailored to your needs (we all have a pretty good sense of where our strengths and weaknesses lie). So who better to develop a study plan for yourself than – you!

So, when I refer to a successful study plan – I mean an actual “study plan” –  a plan for success. A successful study plan not only includes assignments – like completing MBEs, writing practice essays, reviewing and memorizing the substantive law – but it also takes into account the realities of your day – “I need to eat”, “I need to rest”, “I need to exercise”, “I need to keep my stress level at a manageable level”, “I need to work part time” or “I need to work full time.” These are all critical to your success on the bar exam, and will play as important a role in your success on the bar, as your actual bar study.

SO HOW DO YOU CREATE A SUCCESSFUL STUDY PLAN?

A successful study plan requires: taking into account your weaknesses and strengths, establishing a routine and habit of study, creating and adhering to a realistic routine that will address your weaknesses and maintain or improve your strengths while also taking into account the amount of time that you actually have available to study (for example, whether you have all day to study, or you work part time, or you are working full time, juggling the responsibilities of work and children and life in general). See below for a sample one day study schedule. Incidentally, most of my students are repeat bar takers and are working full time jobs and have only a few hours each week to study – and yet, they succeed. So, first off – I want you to recognize that you can succeed on this exam even if you do not have 8 to 14 hours a day to study. And, in fact (and this will be the subject of a future post), studying 14 hours a day, is actually quite counterproductive.

Finally, a successful study plan should maximize your effectiveness by scheduling the right kinds of work during the right times of day or evening (for example, it does not make much sense to practice MBE questions at 9:00 pm after a long work day when you are exhausted). Instead, get up earlier the next day to do MBEs in the morning before going to work. Even if all you can do is five or ten MBEs before going to work, do it. And, do it every day and you will establish a routine. This repetition and routine keeps your head in the game and your mind invested in the pursuit of passing.

BE SOMEWHAT FLEXIBLE WITH YOURSELF AND DO NOT BE SO HARD ON YOURSELF

Be realistic and don’t be so hard on yourself. One of the most common things that my students come to me over is their worries that they are not doing enough. This is because they are deeply invested in their future (understandably) and they fear that the amount of time that they have to devote to their studies will simply not be enough. Students are often very hard on themselves for having not completed the 50 MBEs they set out to do that day – and rather than focusing on what they actually DID accomplish (maybe it was 20 or 30 MBES) they focus on the 20 they did not complete. That is not what you should do. Clearly you must work and work hard to succeed. But, be mindful of the fact that quality is important – going through the motions might get you through 50 MBEs. But, it would be better to spend a more intensive time on fewer MBEs and actually learn from your mistakes so that you will not make those same mistakes again.

Things are bound to come up during the next few months – things you may not have planned on happening. So, it will likely be necessary to make adjustments to your study plan based upon what is realistic for you. You may discover that your initial plan of completing 50 MBEs after attending a four hour bar review lecture is just simply not realistic for you. While it is very important to do a significant number of MBEs and to write many practice exams, you should also realize that this practice is best done at your peak times – when you are most alert. Therefore, you may decide to complete 20 MBEs before going to your bar review lecture and then an additional 20 MBEs after your bar review lecture. Or, you might decide NOT to go to your videotaped bar review lecture . . . and instead study what YOU need to study. It IS okay to do that.

ESTABLISH A ROUTINE:

One of the key features of any successful study plan is to establish a routine. While you will have some study days where your study day ends earlier or goes later, the key is in establishing a regular routine. This includes where you will study, how often you eat, exercise, take breaks as well as the types of study you do during the day and when. For example – getting in the habit/routine of completing MBEs every morning at the same time and place every day, writing practice essays on a regular basis (for example, you might use the following routine: write a practice essay every Monday, Wednesday and Friday).

Below you will find an example of a typical study day from a good study plan. Here is a sample study day for someone who does not have to work and can devote their entire time to bar study: Note that other study days would likely incorporate writing practice exams and/or attending a bar review lecture or workshop). Also, if like many examinees, you have to work part time or full time while studying for the bar exam, I can help you put together a study plan that is tailored to your schedule so that you are able to maximize the time that you do have.

SAMPLE ONE DAY STUDY SCHEDULE (Note: if you are working full time, this could be your plan of attack for  a weekend day):

7:00 am – workout – short run or walk – (For example, 1 mile run/walk through your neighborhood)

7:30/7:45 am – shower, have a healthy breakfast and “disconnect for the day”. By disconnecting for the day, I mean: disconnect from your cell phone, the internet, text messaging and anything else that can lead to wasted time and loss of focus. This is really critical. Protect your study time, commit to certain study hours and refrain from checking email, voice mail, surfing the internet, checking and replying to text messages, and prepare your friends and family for your absence – see post: “Disconnecting to Pass the Bar”).

8:30 – 9:30 am – Complete 30 – 33 Torts MBEs

9:30 am – Take five minute break (do a couple of jumping jacks, just move around for a bit, eat a quick and healthy snack – for example, grab 6 or 8 almonds. Healthy snacks throughout the day are important to ensure a successful study day. We have all heard that eating small amounts throughout the day will help to keep your blood sugar level steady. This will help maintain your energy level throughout the day as well and will lead to a much more productive study day).

9:35 am – check answers for the Torts MBEs above, review the explanations and make flashcards for each missed MBE. (Note: the amount of time this will take will vary and depend upon how many MBEs you missed, so take the time you need – the corrections you make now will result in a higher MBE score later on).

10:30 am – ten minute break – get up from your desk, move a bit, eat an apple or some other healthy snack like a couple of stalks of celery with peanut butter.

10:40 am – BEGIN ESSAY ISSUE SPOTTING EXERCISE. Read through four torts essays. For each essay, use the following method: 1) read and issue spot the essay, 2) quickly check the model answer to see if you correctly identified the issues, 3) if you did not spot all of the issues then go back to the fact pattern and try to identify which facts trigger the issues that you missed, 4) read the entire model answer, 5) study the model answer and create your own outline from the answer – this outline should be your model for how to approach this essay in the future. You will likely spend about 40 – 50 minutes per essay (15 minutes to issues spot, 5 minutes to check your issues, 20 – 30 minutes to sort out missed issues and to create your own outline/approach for tackling this essay in the future).

10:40 – 11:20 am – Torts Essay One (from “Essay Issue Spotting Exercise” above)

11:20 am – five minute break – get up from your desk, move around.

11:25 am – 12:05 pm – Torts Essay Two (from “Essay Issue Spotting Exercise” above)

12:05 pm – 12: 50 pm- lunch break – eat healthy, have something you enjoy, relax (AVOID: email, cell phone, t.v., surfing the net – these are all potential distractions that could lead to lost time – how many times have you just intended to “quickly check your email” and found that it lead to getting involved in replying to emails, becoming emotionally engaged in someone else’s problem, or simply just wasting an hour surfing the web. Don’t take the risk of picking up your cell phone or checking your email. Instead, protect the time you have promised to yourself to study – guard it. See also: post about “Disconnecting to Pass the Bar”).

12:50 – 1:30 pm – Torts Essay Three (from “Essay Issue Spotting Exercise” above)

1:30 – 1:35 pm – five minute break – get up from your desk, move around.

1:35 – 2:15 pm – Torts Essay Four (from “Essay Issue Spotting Exercise” above)

2:15 – 2:25 pm – ten minute break – get up from your desk, move around, perhaps go outside for some fresh air, have a healthy snack.

2:25 pm – OUTLINE REVIEW – Study/review Contracts substantive outline – it is recommended that you conduct your review in 50 minute increments, taking a 5 or 10 minute break every 50 minutes. This will enable you to study more hours per day and to study more effectively/productively because the breaks will prevent fatigue and will allow for more alert study periods. See recommended outline study intervals below:

2:25 – 3:15 pm – Review Contracts outline (see above).

3:15 – 3:25 pm – 5 or 10 minute break (get up, move around, stretch).

3::25 – 4:15 – Continue Contracts outline review.

4:15 – 4:25 pm – 5 or 10 minute break (get up, move around, stretch, eat a healthy snack).

4:25 – 5:15 pm – Continue Contracts outline review

5:15 – 6:15 pm – Dinner break – get up, move around, stretch, eat something healthy, make a short phone call to a supportive friend, spouse or family member – the key here is to only contact someone who is supportive of you, positive and aware and respectful of your commitment to study for and pass the bar).

6:15 – 7:15 pm – REVIEW TWO CONTRACTS ESSAYS (Spend 30 minutes for each essay and do the following: 1) Read and issue spot Contracts essay (15 minutes), 2) Check issues against the answer, read entire answer and make note of missed issues (15 minutes).

7:15 – 7:20 pm – Take a 5 minute break.

7:20 – 8:00 pm – REVIEW ESSAY APPROACHES FOR TORTS (Review the approaches/outlines that you created for the four Torts essays earlier during the day. The reason this makes sense is that you will reinforce the issue spotting and organization that you learned from your earlier review. And, since exam fact patterns repeat over and over again from one bar exam to the next, this review of past bar essays is one of the most effective ways to improve your issues spotting ability and to prepare for writing a well organized essay. Spend about ten minutes to review each essay outline/approach).

8:00 pm – End your study and relax.

Ultimately, your success on the bar exam will not come down to counting up how many MBEs you completed or how many hours you spent memorizing the law, but instead, it will come from a combination of things – most important of which is consistency and quality in your review.

Be positive, be flexible and adhere to a regular and realistic routine. In addition, keep in mind that your goal when reviewing a topic on a given day is not necessarily to master the entire subject that day. Instead, your goal should be to gain a better understanding of the topic that day and to recognize that you will need to repetitively review every topic over a period of time (two months is typical) in order to truly master it.

Above all, work at maintaining a positive attitude. This will be much easier to do if you begin with realistic goals. And, should you find yourself spending hours and hours in a 150 page outline for one topic (I DO NOT RECOMMEND SPENDING HOURS REVIEWING LENGTHY OUTLINES) consider using a much more condensed version for that subject.

Good luck to you!

Lisa Duncanson
Program Director/Founder (213) 529-0990
Bar None Review and The Bar Exam Cram Session (TM)

Final Free Workshop for July 2015 – How to Pass the California Bar Exam with Emphasis on the Performance Test

2 Comments

For those of you preparing for the July 2015 bar exam, I wanted to let you know that I will be teaching one more free, “How to Pass the California Bar Exam” Workshop this Monday, June 15th.

As usual, the workshops will focus on how to pass the California Bar Exam. However, as a bonus and because we had to reschedule our last free workshop, I will be spending time on the Performance Test as well and I will be giving out my first set of exam predictions live. This workshop is free, it will be held in Los Angeles and I will be teaching.

I look forward to seeing you at this last free event prior to the July 2015 bar.

Additional features that we always provide during our free workshop, include: How to write 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, Monday, June 15, 2015 (use link below to sign up)!

How to Pass the July 2015 California Bar Exam Workshop –  Monday, June 15, from 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 Monday, June 15 in Los Angeles. Our workshops fill up quickly. Reservations are on a first-come, first-served basis. This workshop is our last free workshop prior to the July 2015 bar exam! I will teach the same coverage with respect to how to pass the California bar exam. However, I will also spend time on how to properly approach the Performance Test and will give out my first set of predictions live.

***Parking is free. But to take advantage of free parking, please use the valet parking at the hotel and we will provide you with validation. Space is limited. 

California Bar Exam: What to Expect on Day Three’s Essays

Leave a comment

Hello all,

Hopefully you are getting some rest (as I am writing this, it is about 1:00 am, before your MBE day). I want to congratulate you again on being done with day one of the California bar exam! Also, thank you again to all who wrote in about what was tested today. I really appreciate your taking the time during your break to write to me, thank you.

And, one more thing, thank you again for following my blog. We have had over 650,000 views now and I am truly humbled (and grateful) for the following here. And, I do answer questions, as much as I can, so if you have a question, please feel free to ask. You can either reply to any of the Bar Exam Tips Lists emails or, if you have yet to sign up for the Bar Exam Tips List (it is not too late, by the way) you can ask me a question in the “comments or questions” field – I do actually read all of your emails and I will do my best to respond to you as quickly as I can.

Okay, it is truly my hope that right now you are sleeping. If you are not sleeping, then I hope you are at least resting. Pulling an all-nighter studying is NOT what I would recommend.

For most of you (all who are taking the general bar exam) you will be taking the MBEs on day two. I mention this simply because some reading this blog are taking the exam over six days and some as attorney takers do not have to take the MBEs on day two.

If you are taking the MBEs on day two, then here are some recommendations:

1) You might want to consider simply completing five or ten MBEs in the am to shake of the dust so to speak. I would not recommend that you necessarily even score these MBEs, but just consider taking a few as a way of putting your mindset back into this part of the exam. If you do decide to check your answers (I probably wouldn’t if it were me on the day of the MBEs) do not worry about your actual percentage correct of the five or ten you did. Instead, if you did well – choose to see that as indicative of your likely performance for the rest of the day and if you did not do well, then simply dismiss it as not at all dispositive of how you are going to do on the actual exam. Do you see what I am driving at? An absolutely, 100 percent POSITIVE attitude. This is a necessity (in my opinion) for success on the bar exam. An equally acceptable thing to do prior to the MBEs in the morning would be to do nothing. Or, review a few flashcards – it really doesn’t matter so much what you do in the am right before other than YOUR believing that what you are doing in those moments leading up to the first 100 MBEs is the right thing for YOU to be doing.

2) Expect to not see a correct answer choice and expect this to be the case often. No one that I know of (past student or blog follower – and I have spoken with and worked with thousands of examinees over the years) leaves the MBE feeling like they absolutely nailed it and that for every MBE they felt they were always picking the correct answer. Some feel better about the MBEs than others. But, for the most part, examinees leave this portion of the exam feeling as though they need to really kick it into gear on the remaining essays and PTs in order to pass. So what does this really mean? It means that the MBEs are hard, very hard. I know, you didn’t need me to tell you that – nothing really new. BUT, what is significant is this: you need to be prepared (in my opinion) for feeling like you are not doing very well on the MBEs and you simply need to get through it, be tough and know that if it is difficult for you, then it is also difficult for nearly everyone else.

Do NOT let this test get the better of you. This is a choice that you have to make facing the entire test – that you will remain positive and optimistic about your chances and that you will not let this beast of an exam shake your confidence in your ability to pass. That is half the battle.

3) When you are done with today’s MBEs, take a little bit of a break so that you are able to release the physical tension that builds up over the course of the day of taking MBEs. Go for a walk outside if you can, take a dinner break and eat something healthy and relax, take a bath – whatever will help you decompress both mentally and physically from the day of testing. Of course, this is limited – you really can’t just let it all go, and you really should consider doing some review for the following day’s essays. But, do try to do something(s) to put the day behind you.

What to do for day three’s essays/what to expect?

First, really anything could be tested on day three’s essays – even a topic that you already saw today. For example, in past bar rounds Contract/Remedies was tested on day one on the essays and then it showed up again on day three’s essays as a cross over with Tort/Remedies (so it was part Contract/Contract Remedies and part Torts/TortsRemedies). This is pretty unusual and it threw most you can be sure. But, you should know it is possible. Do I suggest spending a bunch of time on Remedies for Thursday? No, but I would definitely not put it completely behind you – spend a few minutes reviewing it enough that if you had to address the basic concepts and to address injunction for example, that you would be able to do so.

So far everything that was tested on Day One’s Essays was absolutely expected – there were no surprises.

Day three is harder to predict. But, I still think you could see a Criminal Law Murder exam (see my earlier posts from this week regarding the other areas I posted as suggested areas of study – I still stand by these based upon what was tested on day one). I would definitely consider giving a little bit of time to Wills (either as a solo topic or crossed over with Trusts) as well as the area of Business Organizations – although, I do not necessarily think that you will see both of these topics show up – I DO think that either Wills or Business Organizations is about equally likely of showing up. So be prepared for both topics.

As I stated previously (both here on the blog and in the tips list emails sent out so for for this bar round) Constitutional Law (Dormant Commerce Clause) is still on my list of possibilities as are: Evidence or even Community Property (again, and this would be the fourth time in a row) but, if Community Property, then I would expect it as a crossover with something else (understand – I am not “predicting” Community Property, I am just re-iterating that the examiners can test in any area (whether that area was tested recently or not).

The real issue is, since you did not see a Professional Responsibility Essay on Day One, whether you will see it as an essay on Day Three. Most would say yes, and I would tend to generally agree with this as it is historically the case to almost always see at least one essay on the exam that tests Professional Responsibility. But, it is not guaranteed. What is guaranteed is that Professional Responsibility will show up somewhere on the written portion of the bar exam. Sometimes this means that Professional Responsibility shows up on both days of the essays (the February 2008 bar exam tested a straight Professional Responsibility essay on day one and then tested Professional Responsibility again on one of the essays on day three – but as a cross over with Business Organizations). Some bar rounds it shows up on both a PT and an essay and some rounds it only shows up on one or both of the PTs. So this is an unknown. Understand, that I do not discuss the Performance Tests until the conclusion of the bar exam (which for some examinees is not until the end of the day on Sunday).

If you signed up earlier this week for our February 2015 Bar Exam Tips List, you would have received sample essays and answers (one of which was quite similar to what was tested today in Property – so I am told). I also sent out a Dormant Commerce Clause essay, two in fact) and other handouts. These are still available (up through this Thursday). If you would like to receive these, simply sign up for the Bar Exam Tips List by completing the form below.

Thank you again for following my blog. I truly am humbled by the following, by your emails (which I do personally respond to and enjoy doing) and kind words you have shared. Thank you.

Remember, believe in yourself and do not let this test get the better of you.

All the best on the MBEs (for those of you taking this portion) and on the rest of the exam. I will be writing more soon. As always, I appreciate any feedback, questions or comments you have.

Sincerely,

Lisa Duncanson