Thank you for following the Bar Exam Guru Blog. I wish all who are studying for the July 2018 Bar Exam the very best of luck tomorrow!
I wanted to offer some additional thoughts on what might show up on tomorrow’s essays and PT.
First of all, you should remember that anything can be tested. Subjects repeat from one bar round to the next, back to back. This often takes examinees by surprise and yet, it should not. Each bar round one or two or even three topics repeat from the preceding bar round. This has always been the case – and I am not just talking about Professional Responsibility. The California bar examiners test Professional Responsibility on the written portion of every bar exam. Typically this means it is on at least the essays. However, it can be on the performance test only and be skipped on the essays. While this is rare, it does happen. I think it may be more likely to get skipped from the essays at some point again now that we are in the two-day format that only has five essays.
What is more likely is to do what the bar has been doing – and that is to test more cross-over essays. Professional Responsibility is an excellent topic for a cross-over exam. I was tested recently this way. You should also be aware that Professional Responsibility could come up in more than one place tomorrow – it could show up on multiple essays and the performance test. So, if you have already been tested on Professional Responsibility on the morning essays tomorrow, do not assume Professional Responsibility is over. It could show up on another essay in the afternoon or on the performance test.
Since I mentioned that subjects always repeat from one bar round to the next, here are some thoughts as to what could show up tomorrow . . .
Property – in case Property repeats, there are a few areas that I think you should be mindful of. First, Landlord/Tenant. Landlord/Tenant is the most common area of testing in Property. As a result, you should always be prepared for it. Another area to consider is Covenants and Equitable Servitudes (note that these two ALWAYS go together on the same exam). Covenants and Equitable Servitudes has not been tested in a while, so it is considered “due.”
Of course, no one knows whether you will see Property on the exam tomorrow. But, if I were you, I would take a look at a landlord tenant essay and a covenants/equitable servitudes essay and study the answers. Or, review the rules to these areas. I personally think that reviewing a few essay and the answers (not to test yourself, but instead to learn from it) is the most productive use of your time. Do not be punitive for missing an issue, simply tell yourself that if you were to see it tomorrow, that you would NOT miss it and would know how to handle it.
Remedies – Remedies has been tested frequently on the bar exam. It is on almost every bar exam these days. This may be a trend that continues, and it may be that the bar examiners will leave this area alone for a little while. But, more likely, you should be prepared to discuss remedies. I am not predicting a full blown remedies essay. But, remedies is always something that is testable. So you should be prepared to discuss. It makes for a good cross-over topic as well.
Thank you again for following the Bar Exam Guru Blog. I hope you have found the contents useful. Please go back in time on this blog to see additional advice given the days and day before the bar exam . . . there are lots of useful tips and strategies. Most of all, be calm and believe in yourself.
All the best,
Lisa Duncanson The Bar Exam Guru Founder/Program Director Bar None Review and Bar Exam Cram Session