July 2012 California Bar Exam Predictions – Free Essay Examples

Hello All,

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

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

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

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

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

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

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

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

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

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

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

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

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

Best,

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

February 2012 Bar Exam “Predictions” For Day Three: Final Thoughts

Hello All,

First of all, congratulations to all of you who are taking the California bar exam today for getting through day one and day two!

So I promised that I would prepare something with respect to what I think might show up on Thursday. Several days ago I released my initial predictions – please see my earlier post here: February 2012 Essay “Predictions”/Essay Scenarios

I think you should review my first set of “predictions” before reading this post.

First, here are some fairly consistnet constants with the bar exam (the caveat being that the bar examiners can always test anything they want and in any fashion as many times in a row as they wish):

1) Usually the bar examiners repeat at least two subjects from the preceding bar round (so far, day one’s essays did not include a repeat of any topic from the July 2011 bar exam). And, just so you know, here are the topics that were tested on the July 2011 bar exam: Criminal Law (but, not murder), Civil Procedure (but not jurisdiction), Contracts (Common Law, no remedies, no UCC), Professional Responsibility, Real Property (JT, TC, restraint on alienation, adverse possession), and Community Property. So, if the bar examiners do what they usually do, something is going to repeat. Really any are fair game, given that day one has not repeated anything from the July 2011 bar exam. And, just so you know, the July 2011 bar exam repeated the following subjects from the February 2011 bar exam: Property and Professional Responsibility. And, the subjects that repeated on the February 2011 bar exam that were tested on the July 2010 bar exam were: Torts, Professional Responsibility, Evidence and Business Organizations (yep, FOUR subjects repeated from the July 2010 bar round to the February 2011 bar round). I mention all of this because I want to make certain that those of you who think something will not be on this bar exam simply because it was tested on the last bar exam will realize that this is wrong.

2) Usually (usually) there are three MBE topics tested. But, this does not always happen. However, there has only been one bar round in the past four years that has NOT included at least three MBE topics. This was the February 2008 bar exam – on that administration the bar examiners tested to MBE topics on day one (Torts and Criminal Law/Procedure – so I suppose the cross over of Criminal Law and Procedure could be viewed as two MBE topics, but, still it was light on MBE topics for that bar round) and then day three had essays that were all non-mbe topics (corporations, wills/trusts and I believe community property – I need to confirm that last topic to be sure). So, I would think that just based on history – statistically – you should see one more MBE topic – I think either Criminal Law/Criminal Procedure (specifically murder and procedural issues) or perhaps Torts (products liability) – the thing is that we are looking for something to repeat from the past bar exam and of those two MBE topics, Criminal Law was  on the prior bar exam (but did not test murder – they tested mostly crimes of possession, assault, battery and accomplice liability). Murder has not been tested since February of 2008, so it is due.
3) Statistically, Professional Responsibility shows up on nearly every essay portion of the bar exam – it has only been left off of the essay exam twice since 1994. However, on a few recent bar rounds it has only been tested as a cross over (especially when there is heavy coverage of Professional Responsibility on the PT and coverage of any other duty relationships like in trusts – the duty of the trustee for example). So this could  be a bar round where they either skip Professional Responsibility altogether from the essays or they may have it only as a cross-over. Still, keep in mind that statistically it usually shows up as a full essay – so be prepared for it. Definitely be prepared for it. And, since there has not been a heavy emphasis on California law (there does not have to be any emphasis on California law, by the way) Professional Responsibility would make for a nice topic to be able to include some California specific issues.
4) It would not be unusual to see a repeat of one of day one’s essay topics as part of a cross-over on day three. I know that sounds horrible, but, if it happens it won’t be horrible (especially if you know that it could  happen). For example, they could have a community property exam and add one evidence call that deals with marital and spousal privilege. Just a thought (not designed to freak you out). It has happened in the past and people seem to get really bothered by it, but, there really isn’t any reason to let it bother you. If they do repeat anything from day one’s essays, it will be a minor, one short call kind of issue. And, the examiners almost always spell it out for you pretty clearly in the separate calls when they are asking you any cross-over questions. So don’t worry about it, but do conduct a quick, light review of Evidence, for example, just to feel prepared for the possibility.
5) Civil Procedure – to be or not to be. It seems everyone is predicting this topic. I too feel it could come up and if it does here are a couple of areas that have been absent on the exam for some time: class actions and jurisdiction (subject matter and personal jurisdiction). Jurisdiction was tested far more recently than class actions. But, jurisdiction issues are probably the most commonly tested areas of Civil Procedure. And, if they really wanted to (the bar examiners, that is) they could test you on both class actions and jurisdictions (for example a class action brought in federal court based upon diversity of citenship – that is one way they could combine the two).
Please read/review my prior “predictions” (as I have not repeated it all here – so you should take it upon yourself to review this earlier post: February 2012 Essay “Predictions”/Essay Scenarios and please understand that no one can predict the bar exam.
I am still of the belief that you could see Criminal Law murder crossed with Criminal Procedure and/or Products Liability (keep in mind that Torts has made its way to the test quite a bit in the past four years and more than once strict liability has been tested, but, in the context of abnormally dangerous activities – so this one is a close one for me – I can completely see the bar testing products liability or as I mentioned before some miscellaneous torts area – including tort remedies or as a cross with professional responsibility).
Also given that there was only one (well, sort of two, non-mbe topics tested on day one – the Trust/Wills question) there obviously has to be some additional (at least I would think) non-mbe testing. Civil Procedure would fill that void, so too could Corporations or Community Property (remember that something usually repeats from the prior exam – anywhere from two to four topics – so far there have been no repeats. Therefore, based upon history, one would expect to see something from the list of topics tested on the July 2011 bar exam – see above list of what was tested on the July 2011 bar exam).
I know this is a lot. But, here is what I recommend that you do. Read over my initial “predictions” in the link above and see how that jives with what you saw on day one. Do not, I repeat DO NOT study only the topics on that list or anyone’s list. Instead, think about what you would be most afraid of seeing tomorrow morning and study that topic a bit extra. Then review all of the subjects (either in a condensed outline form – hopefully you have something like that to work from) and try to relax.
I have found that students generally know a lot more than they give themselves credit for. So be positive, and feel free to ask questions via email today – send questions or comments to: pass@barnonereview.com. I will do my best to return your questions. Also feel free to add any feedback you wish on this blog, especially if you think it would be helpful to someone else.
All the best to all who are taking the exam!

Lisa Duncanson

Program Director/Founder
Bar None Review
barnonereview.com

February 2012 Bar Exam – Day Two

Good morning bar takers!

Come back this afternoon to see more tips on last minute preparation for Thursday’s essays, my thoughts on what might be on the essays and just some good old fashioned encouragement! In the mean time, I thought hearing what a few examinees had to say to me privately (no names are included here) might be helpful to you.

Here is what a few of your fellow examinees had to say:

“Ms. Duncanson, your essay predictions were spot on!!!  I still don’t feel too good about my con law essay because it was tough, but I’m sure glad I had your blog to refer to when deciding which issues would merit some additional review!

The PT also, in my opinion, might as well have been a crossover PR/Business Associations (Partnerships) essay!  I am now eager to learn what your outlook is for PR come Thursday because I recall having read in your blog that the way PR is tested has a lot to do with how extensively it was implicated, if at all, in PT A.  Well, the gist of the PT concerned a proposed partnership between a lawyer and a non-lawyer to run a legal self-help business allowing customers who wish to represent themselves in legal matters (sort of like services provided by Legal Zoom).  One major sub-issue involved in the receptionist’s duties and their potential ethical implications under the code.  Unlike previous PTs in which the library contained case law, this PT had absolutely NO case law, but two sets of professional conduct code sections governing the prescribed/proscribed conducts in the fact scenario!  It also included a “formal opinion” from the State Bar of Columbia as to the code of professional conduct.

Just thought I’d give you a brief background of the PT and also let you know that, so far, you are batting 100% in the essay predictions!

Thank you!”

And another email from one of your fellow examinees:

“I just wanted to say thank you for posting something about the essays today. It really helps to move on to tomorrow having some closure about what happened today. I’m sure I missed a bunch, but hearing that I was at least writing on the correct subject areas (and that someone else was equally tripped up by Question 2 and rushed with Question 3) gives me some peace of mind. So thank you for taking the time to provide that information, and for making it available to the public.

The one thing I will add is that the first call for the Trusts/Wills question (whether Dave, the unknown 25 yr old son, had a legal claim to the trust) specifically said answer according to CA law. I wasn’t quite sure what this was looking for, but I thought it would be worth mentioning since I know there’s a pattern of there being at least one specific CA law question.

Ok, on to tomorrow!! Thanks again :)”

Note: I added the underlining above to highlight the apparent California interrogatory (call of question). Please bear in mind, I have not seen the test. I have heard from many, many examinees and have put together what sounds like was tested. But, your focus should not be on day one any longer. However you feel about your performance on day one, you can still get through day two and three with flying colors. So much of this exam is about rising above how you feel, forging onward, pushing ahead. And, to that degree (regardless of what you might think about the bar exam, whether it is fair or not) if you were a client, you would want your lawyer to be able to do just that – forge ahead, work through whatever physical difficulties the day might present and simply do their absolute best on their behalf. So today and tomorrow – do the absolute best on YOUR behalf!

I have a story I want to share with you. The semester before I was to take the bar exam (back in 1994) my best friend was taking the bar exam in February of 1994. She felt so horribly about day one of the exam, was so certain that she had failed, that she packed her bags, got on the elevator to head down to the lobby of her hotel, check out and head home. Now what you need to know first is that this friend of mine was tough, not a baby, not weak and was smart. But, she had convinced herself that she had failed and that was simply that.

While on the elevator another bar taker asked her where she was going (it was pretty obvious she was leaving). She told him she was going home. He asked her why and she explained that she knew she had already failed the bar exam. (I think you may know where I am going with this by now). Well, the short version is that this fellow bar taker talked her into staying, told her, “Hey, at least you will know what the MBEs are like so that when you take it next time you will be better prepared”. So, she stayed for day two and she stayed for day three and guess what? She passed. She told me about how she was sure she had failed the test before she got her passing bar results, how she had planned to walk out, how she did feel like day three was a “little bit easier” but, that she still believed that she had missed too many issues and had not finished enough of the essays to pass.

So, the moral of the above, true story, is that you should never give up, not today, not tomorrow.

And one last thing, if you think an essay is hard or the MBEs are hard or the PT is/was hard . . . remember that you are not alone in thinking that way. It is hard. But, you can do it. So stay as positive as you can and hang in there.

I am packing up and saying goodbye to my Ontario students this afternoon. But, will be back online with more tips and areas to focus on by this afternoon.

All the best to you! And, thank you so much to all of you who have written to me personally – it is much appreciated and it really makes me feel like what I am trying to do here is worthwhile. So thank you. Also, feel free to comment on my blog, it can only help others.

Best,

Lisa Duncanson

Program Director/Founder
Bar None Review
barnonereview.com

February 2012 Bar Exam “Predictions” – so far 4 for 4

Hello All,

Right now California bar examinees are taking the Performance Test. I am currently working on my predictions for Thursday’s essays. So far on day one of the bar the essays were as follows:

Essay One: Trusts and Wills (as I predicted here – see post below – where I thought that Trusts or Trusts & Wills would be a likely topic for testing. I also thought that if there were a Trusts exam that was crossed over with Wills that you should look for a pour over trust issue or what is some times called a pour over will. The other area that we suggested would be ripe for testing within Trusts is the area of discretionary or support type trusts. While I have not seen the exam, from the many examinees who have voluntarily sent emails and from my students who have called me, it appears that this is what was tested. There were clearly breach issues as well (potential breaches by Tara, the Trustee who resigned after distributing most of the trust assets to only one of the three daughters – her reasoning being that the one daughter (Ann) needed the money more because she was ill). the two remaining sisters were not happy and so they wish to seek to terminate the trust and to sue Tara. There were three calls on this exam:

Call # 1 – What are Dave’s rights (apparently Dave is an unknown son of the Settlor/Testator Sam)

Call # 2 – Can sisters terminate the trust?

Call #3 – Can sisters sue Tara (cousin who became a subsequent trustee after Sam’s death)

Please bear in mind that I have not seen the actual exam, and that this information has been compiled from several examinees who have reported what what was on the exam.

Essay Two – Con Law (as predicted, although this involved a the First Amendment. Still, since it was a suit/claim brought against the state, and not the federal government, therefore, the 11th Amendment could have been addressed (this is always a brief discussion), also standing – specifically associational standing since there was a group: America for American’s Organization (something like that) referred to as AAO, who brought suit against the city for requiring them to post in both English and Spanish if they wanted to make use of a city provided bulletin board. AAO wanted to post a flyer about a meeting (where they would charging $10.00 per person to attend) that was for the purpose of restricting immigration. As a result, this would require a fairly heavy First Amendment analysis – content based as well as content neutral (valid time place and manner restriction). There is also the possibility (although – please bear in mind that I have not seen the exam) that there may, and I say may be a place to discuss commercial speech since this was an advertisement (the flyer) for a for pay meeting. The other issue is that it is very likely political speech – speech that deserves the utmost protection under the first amendment. So, clearly a lot to talk about here. There was one general call essentially stating that AAO has asserted that their First Amendment rights have been violated and your job was to discuss that. Anytime you have a First Amendment speech claim you want to also be mindful of a possible freedom of association claim. I feel this is likely not a big part or even required on this exam. But, again, I have not seen the exam.

Essay Three – Evidence (also as predicted). The bar examiners on this one did something interesting (and something they often do) which is to sort of combine some of the features of a transcript style exam with a regular paragraph style evidence exam by referring to “on direct exam . . . Paul testified . . . ” 

This exam brought up several issues, Relevance (of course, as this is ALWAYS tested on every Evidence essay) hearsay, likely a double hearsay on the second call, hearsay exceptions (declaration against interest, present sense impression as well as possibly other hearsay exceptions). By, the way, I am not taking this in any particular order. But for example on paragraph one where reference is made to Paul’s testimony where he states that “Vera ‘calmly’ said to Paul that there is a black SUV weaving recklessly through traffic behind us . . . ” this would be hearsay – since Paul is relaying a statement by Vera that was made out of court and is now being used to prove the truth of the matter asserted: that there was a black SUV driving recklessly. The typical hearsay exceptions for a statement like this would be both present sense impression AND excited utterance. However, here the examiners have told you that Vera spoke “calmly”. Still, I would bring up Excited Utterance and explain that it could be problematic since one would think that if she were acting under the stress and excitement of the event that she would speak loudly or make an exclamation. There were other issues – for example on the second paragraph where Dave testifies that Molly (who was a witness) told Dave that Paul admitted to her that the accident was his fault and that she immediately wrote down everything that she witnessed into a journal. This is where the double hearsay comes in (assuming I am being told the facts correctly), also there is the admission of her journal and this could bring up issues with respect to past recollection recorded, refreshing the witnesses’ memory. I haven’t really heard enough about this last call to feel confident in relaying what the issues would be. But, there are, as with most Evidence exams, many issues. I will write more about the exams after the exam is over. The main thing is to move forward and not to worry about what you did or did not do today. AND, remember I have not seen this exam yet. So, I am writing based upon what I have heard from examinees.

CAVEAT: It is not typical for me to provide a rehash of what was tested on the essays. There are two main reasons for this: 1) I have not seen the essays and can therefore, only base my assumptions on what has been relayed to me and 2) What has already been tested has been tested – it is best to let it go and simply move on to the next task – continuing to prepare for day two and day three of the exam. However, I have already received several emails over the lunch break from non-students asking if they should have discussed this or should have discussed that. And so I thought I would post a little bit about what I have heard was tested on the three exams here. Also I am excited to once again have three essays pretty much spot on for day one.

The most important thing to do right now is to let go of whatever you did today and move forward. Everyone misses something, no one is perfect and the bar examiners are not looking for perfection. Just keep moving forward, stay positive and believe that you CAN do this. And, remember, my notes above are from a poll of some examinees. It is definitely not the end all or definitive anything on what was actually tested – other than the fact that we know for sure that 1) Trust/Wills, 2) Constitutional Law, and 3) Evidence were all tested.

I will be posting in a separate post – soon – my thoughts on what I think might come up on Thursday. I want to wait to hear what the performance test was like (for example, did it heavily test Professional Responsibility – because if it did, there is a possibility that Professional Responsibility could be skipped from the essays. While this is rare, it does happen, and when it does Professional Responsibility is then tested pretty heavily on the performance test). So, I will reserve further comments until I hear from examinees on what was tested this afternoon.

Also – please feel free to provide any feedback on your take on what was tested on the essays today (the fact patterns, the issue you thought were tested, etc.). This always helps me to come up with a closer approximation of what I think might show up on Thursday’s essays.

One final note (before I sign off to get ready to meet my students here in Ontario): the bar examiners usually test at least one or two topics that were tested on the preceding bar exam administration. For example, this past July 2011 tested Professional Responsibility (no real surprise) and Real Property which were both tested on the preceding February 2011 bar exam. And the February 2011 bar exam tested: Evidence, Torts, Professional Responsibility and Business Associations – all of which were tested on the preceding July 2010 bar exam (mind you, the Business Associations exam in February 2011 was in the area of Corporations and the Business Associations exam tested in July 2010 was in the area of Partnerships – still that is 3 to 4 repeated subjects from the preceding July 2010 exam to the following February 2011 exam). So my point is that the California bar examiners like to repeat topics back to back. Today you had four subjects – Trusts&Wills, Evidence and Constitutional Law – none of which were tested on the July 2011 exam. So, my prediction so far is that something has to come from the prior exam, historically this is what they do. So expect some subject(s) from July to pop up on Thursday again.

I am still predicting that there could be a Criminal Law/Procedure Exam (a murder exam crossed with procedural issues), but, I want to wait to see what was covered on today’s performance test before I write any further about Thursday’s likely topics.

All the best to all who are taking the bar exam.

P.S. We are not answering our Bar None Review phone during the three days of the bar exam as all of our current students have our cell phone numbers and all of our staff are physically present at testing centers to support our existing students. However, if you need to reach us, please send an email to: pass@barnonereview.com and we wills see to it that someone gets back to you.

California Bar Exam Workshop: “How to Pass the California Bar Exam”

Bar None Review will provide free workshops for the July 2012 bar exam online and at our Orange County classroom location.

Workshops cover strategies and techniques for writing above passing essay exams and performance tests as well as how to increase your MBE scores.

To participate in one of our upcoming free workshops, contact us via email at: pass@barnonereview.com

California Bar Exam Tip: July 2010 Bar Exam Results

Hello All,

If you failed the July 2010 bar exam, you should know that you are not alone. The complete statistics will be available on the California bar website ( http://calbar.org) very soon. Pass rates for the July bar exams are usually between 48% and 54%. Some years have been as high as 63% (although not in recent years) and some much lower. But, the general average for the past several years is just around 50%. So, you know that if you did not pass the California bar exam this past July, that you are among a significant number of people who did not pass.

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.

Because the scoring of the California Bar Exam is scaled, it is not easy to understand what a given 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.)

Students whose scores are very consistent will likely mean that the student has a writing problem that is consistent and across the board.  This type of writing problem is generally not subject specific and once it is fixed is fixed for all topics.  For the student whose scores are more spread out and ranging, typically this student’s problems lie both in writing style as well as subject knowledge and ability to spot issues.

The first step 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.

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 point something and as high as a 63 point something – 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.

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 exam day. The test has changed. I personally took it the first time back in 1994 (I passed on the first time). The required raw number to pass the MBE portion was higher back then. But, the MBE test has changed. As a result, I retook the bar exam in February 2008 (I passed this exam also).

Here is what I learned (without violating any of the rules the NCBE requires of me and of anyone who has taken the exam – remember you are not to discuss questions, MBE fact patterns, etc.) about the MBE – it has changed from the earlier days of the test. But, it is not any more difficult than the exam I took in 1994 nor is it any easier. So what does this mean for you – well, read on.

The most obvious difference in the MBEs from the past to the present, is that the questions tend to be much shorter. But, the very same issues are tested now as were tested before. It is true that you are not going to find exact replicas of the actual test. Nor should you be able to – it simply would not be a fair exam if you were able to simply memorize a past set of MBEs and then go and pass the MBE portion. Don’t get me wrong, I am on your side. But, this is a test and it is designed (quite well) to test YOUR analytical skills. Is is so much more about that than it is about memorization (even though, of course memorization is very, very important).

At this point, if you have failed the bar exam, you should immediately get back to working on MBEs – not memorizing the law, but instead – just going right back to practicing the MBEs. We provide free handouts on how to approach the MBE portion of the exam. To receive your free copy, contact us at pass@barnonereview.com and we will send it to you.

By working on the MBEs right away, you will most likely see a return to your prior practice MBE scores (right before the bar exam) within a few weeks (without reading through a single outline or re-committing any of the law to memory – even though of course, you will also need to do that prior to the exam).

A book we highly recommend is “Strategies and Tactics for the MBE” by Walton and Emanuel, published by Aspen Publishing. Be aware that Aspen publishes two MBE books with very similar names, but each are quite different. Both are useful. However, the “Strategies and Tactics for the MBE” authored by Walton and Emanuel, is, in my opinion, is the best book you can get for the MBEs. The information on how to take the exam (strategies and tactics of the exam) as well as the explanations are excellent and far superior to any other MBE book on the market. I do not have any financial interest in this book.

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.

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 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).

Be sure to come back to this blog as we will provide more information and advice for those of you faced with repeating the California bar exam this February. Also, be sure to review past postings as these are quite relevant (for example, study plans, how to study etc.).

Also, be sure to visit our bar review course website for more information on what to do if you are repeating the California bar exam. Our website is: barnonereview.com

Once there, select the “repeat bar examinee” button on the left side of our website. You may also want to take a look at samples of our exam writing templates (two topics are provided online for free).

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

Thank you for reading and please feel free to leave a comment here on my blog or to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

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

Bar Exam Tips: Free MBE Handouts

Hello all,

Yes, we are still  offering our free MBE handouts. To receive yours, send us an email requesting your free copy and we will get it to you asap.

Best,

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

California Bar Exam: Free Score Review by Bar None Review

Hello All,

If you failed the February 2011 bar exam, you should know that you are not alone. The complete statistics will be available on the California bar website ( http://calbar.org) very soon. Pass rates for the February bar exams are usually between 39% and 45%. So, you know that if you did not pass the California bar exam this past February, that you are among a significant number of people who did not pass.

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.

Because the scoring of the California Bar Exam is scaled, it is not easy to understand what a given 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.)

Students whose scores are very consistent will likely mean that the student has a writing problem that is consistent and across the board.  This type of writing problem is generally not subject specific and once it is fixed is fixed for all topics.  For the student whose scores are more spread out and ranging, typically this student’s problems lie both in writing style as well as subject knowledge and ability to spot issues.

The first step 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.

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 point something and as high as a 63 point something – 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.

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 exam day. The test has changed. I personally took it the first time back in 1994 (I passed on the first time). The required raw number to pass the MBE portion was higher back then. But, the MBE test has changed. As a result, I retook the bar exam in February 2008 (I passed this exam also).

Here is what I learned (without violating any of the rules the NCBE requires of me and of anyone who has taken the exam – remember you are not to discuss questions, MBE fact patterns, etc.) about the MBE – it has changed from the earlier days of the test. But, it is not any more difficult than the exam I took in 1994 nor is it any easier. So what does this mean for you – well, read on.

The most obvious difference in the MBEs from the past to the present, is that the questions tend to be much shorter. But, the very same issues are tested now as were tested before. It is true that you are not going to find exact replicas of the actual test. Nor should you be able to – it simply would not be a fair exam if you were able to simply memorize a past set of MBEs and then go and pass the MBE portion. Don’t get me wrong, I am on your side. But, this is a test and it is designed (quite well) to test YOUR analytical skills. Is is so much more about that than it is about memorization (even though, of course memorization is very, very important).

At this point, if you have failed the bar exam, you should immediately get back to working on MBEs – not memorizing the law, but instead – just going right back to practicing the MBEs. We provide free handouts on how to approach the MBE portion of the exam. To receive your free copy, contact us at pass@barnonereview.com and we will send it to you.

By working on the MBEs right away, you will most likely see a return to your prior practice MBE scores (right before the bar exam) within a few weeks (without reading through a single outline or re-committing any of the law to memory – even though of course, you will also need to do that prior to the exam).

A book we highly recommend is “Strategies and Tactics for the MBE” by Walton and Emanuel, published by Aspen Publishing. Be aware that Aspen publishes two MBE books with very similar names, but each are quite different. Both are useful. However, the “Strategies and Tactics for the MBE” authored by Walton and Emanuel, is, in my opinion, is the best book you can get for the MBEs. The information on how to take the exam (strategies and tactics of the exam) as well as the explanations are excellent and far superior to any other MBE book on the market. I do not have any financial interest in this book.

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.

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 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).

Be sure to come back to this blog as we will provide more information and advice for those of you faced with repeating the California bar exam this July. Also, be sure to review past postings as these are quite relevant (for example, study plans, how to study etc.).

Also, be sure to visit our bar review course website for more information on what to do if you are repeating the California bar exam. Our website is: barnonereview.com

Once there, select the “repeat bar examinee” button on the left side of our website. You may also want to take a look at samples of our exam writing templates (two topics are provided online for free).

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

Thank you for reading and please feel free to leave a comment here on my blog or to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

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

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