California Bar Exam: Do you need a new strategy for passing the bar?

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Hello all,

Do you need a new strategy for passing the California bar exam? Due to high demand, we are offering a second, free, “How to Pass the California Bar Exam” Workshop on December 14, 2016 from 7:00 pm to 9:30 pm.

I will be teaching this workshop. This will be the last free workshop I will teach prior to the February 2017 bar exam. As a bonus, I will address some preliminary predictions for the February 2017 bar exam. I hope to see you there!

Students will receive a free copy of our Guide to Passing the California Bar Exam as well as free bar exam writing templates. In addition to addressing what you should do differently to pass the California bar exam, this workshop will provide substantive coverage on how to successfully write for the California bar examiners, study strategies and specific techniques for improving your MBE scores as well as the proper form and structure of a solidly passing essay.

Come and learn how to develop a plan for passing California bar exam. Space is limited. Reserve your space today!

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California Bar Exam: Congratulations on Completing Day 3!

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Hello All,

By the time you read this, you will be done with the California bar exam! It is such an accomplishment. I know that all the weight is given to passing this beast of a test but, you really should be proud of yourself for the accomplishment of completing one of the hardest bar exams in the country!

SHHHHH people are still taking the test . . . 

Much has been said about day one’s essays – and a bit about the performance test. As there are examinees with testing accommodations that will be taking the bar exam through Sunday, I will not be discussing the performance test at all until after all examinees have completed the bar exam.

However, I am happy to entertain questions about the essays and will continue to update the blog as I hear more about today’s essays in the coming days. Please subscribe to the blog if you would like to be notified when I post next.

So far, from what I hear was tested, everything was pretty much as expected. Constitutional Law, Community Property and Professional Responsibility showed up today. No surprises here. I did not expect to see both Constitutional Law and Criminal Law on day three (I thought it would be one or the other) because of the heavy emphasis on day one of MBE topics. Still, I thought one more MBE topic was in your future on today’s essays. So, again, no real surprises.

I have not heard much yet about the actual fact patterns from today’s essay exams. However, I thought I would include a few of the brief breakdowns that I received during the lunch break today via email and text. Understand that I have not seen the exam – but, that you have – so – if you feel something else was tested – then trust your own interpretation of the the fact patterns and recognize that there are often multiple ways to both interpret the facts and to resolve the legal issues. In other words, do not freak out over what you read here!

Here you go!

A blog follower who emailed in during the lunch break, had this to say:

“Question 1 (Constitutional Law)
Procedural due process, Standing, 11th Amendment

Question 2 (Community Property)
Validity of prenuptial agreement, Property purchased with SP in H name only, Commingled savings account, W purchased rental property from commingle account in her name only, medical bill after permanent separation but before divorce

Question 3 (Professional responsibility)
Duty of loyalty, Conflict of interest, duty of diligence, duty of confidentiality vs duty of candor”

Here are a few text messaged reports from the lunch break today (as you can see, no facts or recaps of the actual fact patterns – yet):

SM Text Essays Day Three

And another who reported in via text:

Text Essays Day Three

And another who reported in via text (starting with a little encouragement from me yesterday):

Text Day Three Essays PY

Please continue to write in with your breakdown of what you saw on the essays as the more examinees that I hear from – the better picture I will be able to piece together of what was actually tested on today’s exams.

I will continue to post here in the coming days (although, do not be surprised if I take a day or two off this weekend – you should do the same too)! Be sure to subscribe to my blog so you will get a notification when I post next.

Get some rest & do something nice for yourself and those who have supported you . . .

I am sure you are all glad to have this test behind you. I know that I am. I always tell my students that they should be at least as tired from studying as I am from prepping my students. It has been a great bar round and truly a pleasure to work with all of the wonderful students I had the good fortune to work with – thank you to everyone who enrolled in one of our programs and to everyone following my blog. Get some rest in the coming days and do something nice for yourself (and for your family – for putting up with you – nothing like being married to someone studying for the bar exam, or a girlfriend or boyfriend studying for the bar exam, or a parent housing a son or daughter studying for the bar exam – you get what I mean – show a little gratitude for their support and do something nice for them too) 🙂

If you have questions, please feel free to send me an email at: or you can comment on the blog and I will reply to you here.

All the best,

Lisa Duncanson
Bar Exam Guru
Founder/Program Director
Bar None Review and The Bar Exam Cram Session

Good luck on the bar exam tomorrow!


Hello Everyone,

Thank you again for following the blog. I mentioned earlier that murder might be on the exam. It has been absent for some time and would seem to be due. Of course, anything is possible. And, if you were studying for the bar at any time in the past couple of years, then you will know that many have been predicting a murder exam for some time.

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.

If you haven’t already, be sure to join our July 2016 Bar Exam Tips List!

Incidentally, if murder were to show up on the exam on day one or day three of the July 2016 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 –  write your heart out tomorrow.

Did you know that many topics show up back to back (from one bar round to the next) sometimes even three times in a row? Therefore, all bets are simply off on presuming something is not likely to come up.

My main focus in writing during the bar exam days is to simply provide you with something to hang onto, some peace of mind and hopefully even a little bit of sanity.  

I know how demanding and draining and how seemingly impossible taking this exam can sometimes feel like to examinees. But, it doesn’t have to be that way – sometimes a few words of encouragement – or a quick review of an approach – like the approach below 🙂 – can be all a person needs to make that little bit of difference between passing and failing. That is why I write here. I tell you this as a source of encouragement: it is completely normal to be a little bit freaked out about tomorrow (assuming you are awake – like most, and are thinking about the exam). This is normal. It is also normal to feel somewhat calm – we are all different. There is no one size fits all approach to this exam. Ideally you would get a good nights sleep before the bar exam. Some do. I never did – and yet I passed. So wherever you are at (asleep early or awake still and reading this post) you can do it!


As a bar taker you undoubtedly 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.

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 murder question:

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. (Note: if you have a slightly different definition for malice aforethought, that is okay, there are variations of this language. Go with what you know and have memorized – as long as it is correct).

(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). Another note about malice aforethought – years ago, I would advise my students to only prove up one of the four ways to show malice aforethought and then move on. But, in more recent years, the examiners have embraced answers that address more than one of the ways to prove up malice aforethought. So, that is what I would recommend you do – write on two or three ways to prove it up – if the facts lend to a discussion of more than one way to prove up malice aforethought.

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”). Note: Most exam answers embraced by the California bar examiners handle second degree murder this way. However, if the call of the question asks you specifically about second degree murder, then you should use the definition of second degree murder instead and discuss it.


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 four elements here that you could develop, but, the reality is that if you have a cross over exam and it involves a full murder discussion – from common law murder to manslaughter, then you simply do not have a lot of time. So spend your time focusing on whether what happened would arouse the passions of reasonable person to kill AND whether or not the person did not have time to cool).

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

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

Obviously there are defenses like: Intoxication, Insanity (know the four tests as best you can), self defense, defense of others etc. that can all 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, utilizing the facts as much as possible.

If you were to get a murder essay, I am thinking it could be in the context of Criminal Procedure (possible in the context of the 8th Amendment and/or 6th Amendment). If, however, you are tested on Criminal Law murder alone, then you will likely have issues with either the inchoate crimes (Solicitation, Attempt and Conspiracy) and/or accomplice liability. The reason for this is that it makes for a better one hour essay to include additional areas outside of the Criminal Law murder approach.

Focus on the call(s) of the question:

Finally, one of the things that can be challenging with any essay exam is simply understanding the call of the question. For murder exams, the California bar examiners often state the call as follows: “Can D be convicted of murder or any lessor included offense?” If this is your call, then you will follow the approach I have addressed above, with little variance.

However, sometimes, the examiners ask you multiple calls on a murder exam. For example, call number one might be: “What defenses can D assert?” Call number two might be: “Can D be convicted of voluntary manslaughter?” And, then you may have a third and fourth call that are from Criminal Procedure.

If you end up with an essay that is broken out into these separate calls, you need to do your best to address the calls in the order asked and to respond to the calls. This means that you will need to address the defenses to murder (most likely, it will be defenses to murder) in the first call without even having discussed murder yet. This might feel uncomfortable to you – to write on the defenses before writing on the crime that the defenses are for, but it is something you just have to do.

Next, under the second call, typically you would need to address common law murder, first degree murder and second degree murder before you could determine whether the killing should be mitigated down from some type of murder to voluntary manslaughter. Many will focus simply on the heat of passion killing without getting credit for going through common law murder, malice aforethought, first degree and second degree. But, you will want to show your breadth of knowledge and show the examiners that you have a good grasp on the approach.

This is just an example of how the material can be tested and how it may require you to go a bit out of order. Just do it. Don’t let it bother you, just focus on the task at hand and answer what has been asked of you. Always focus on the call or calls of the question.

Okay, that is it for now. I wish everyone who is taking the bar exam tomorrow, the very best of luck!

Remember, if you have a chance to email me with your thoughts on what was tested on day one of the essays, that will help me in my reworking of the predictions for Thursday’s essays. You can email me at:

Stay tuned, as I will post here during the days of the bar exam.

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


Bar Exam Prep: So Many Rules, So Little Time

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Hello All,

First, I want to thank you for following this blog. To date, we have had over 800,000 views! I take great pleasure in being able to offer assistance to those who are struggling through the grind of bar studies. It is truly humbling to have your readership.

The bar exam is now less than a month away. This weekend is often one of the most critical weekends in a July bar examinee’s review period. Many are starting to realize the sheer weight of what has to be done and fear starts to creep in and even take over. Anxiety starts to run high, and if allowed to go unchecked, can be any bar examinee’s demise.

It is normal to experience some anxiety and fear during this time – especially when you think about how much you might still need to learn, let alone memorize. However, it is important that you put things into perspective. The bar exam, while now less than a month away, is not tomorrow. You have time to improve and to work on memorization. One of the best ways to eliminate anxiety is to start memorizing the material.

One of the most common questions I field every bar round is:

“How the heck am I going to memorize all of this material? There is so much to memorize!”

One of the challenges of the bar exam is that students often suffer from information overload. Sometimes, the more diligent a student is, the more they read outlines and the more they try to memorize volumes and volumes of material.

While it may seem like the right thing to do, I caution students against getting into a rut of reading extensive and lengthy outlines to the exclusion of other things that should be done (like: reviewing and study past essay exams and answers, practicing and studying past MBEs, writing practice exams under non-timed conditions and writing timed exams).

Reading outlines that are 1oo to 150 pages for each subject and trying to commit these to memory for 15 subjects is not only very difficult, but it can become counter-productive. Instead, start carving out time to review past exams and answers. By reviewing and learning from the actual past exams, you will help bridge the gap between being able to recite an outline and being able to write an actual essay answer.


The only way to really know and understand the material, is to see it in the context of the exam. Will reading essays and completing MBEs alone be enough? Not likely, but without this kind of review, failure is almost certain. You need to not only put your knowledge to the test and practice the test, you need to learn from the test.

Here are some suggestions of what I think you should consider doing in the coming days leading up to the bar exam. If you do these things, it will make the job of memorizing the law much easier.

  1. It is imperative that you understand the law you are memorizing.

One of the biggest mistakes that examinees make is to fail to truly learn and understand the material. There is sometimes such a focus on memorization that examinees delay reviewing the actual test. This can prove to be disastrous. You do not want to wait until the bar exam to figure out if you actually understand how the issues arise. Rule statements are important, but being able to determine when something is at issue or not, will require that you understand the law and how it is tested. Being able to write rule statements from memory does not necessarily mean that you understand (when faced with a fact pattern) what the issues turn upon.

It is key that you are able to understand the material, and not just being able to recite the rules. So when you think about memorizing the material – think about first “understanding the law.”  This means: understanding what the terms mean, how the issues are generated and how the issues are tested. Once you understand the material, memorizing it will be much easier.

2. You need to see (and learn) the material in the context of the exam.

Again, being able to recite rule statements is something that most examinees strive to do and do so fairly effectively. The problem is that your job on exam day is not going to be to simply write out a Contracts outline or to write out a Torts outline. Yet, if you think about it, examinees often spend their time preparing for the exam as though the exam consists of simply reciting rules. While it is certainly a help, it is only part of what is needed to pass the exam. Successful examinees not only are able to recite rules, they know how the material is tested and understand the material in the context of the actual exam.

To do this, you should review past essays and answers. When reviewing essays, really study the answers and pay close attention to which issues were addressed in the answers and how these issues arose from the facts. Reading essays and studying the answers is critical to passing the California bar exam. There are simply ways that the material is tested that are not intuitive and will be lost on you unless you actually see it in the context of the actual exam.

For the MBEs it is critical that you learn how Torts is tested, how Constitutional Law is tested, Property, etc. This is key. The best way to accomplish this is to study past MBEs (I recommend that you work on NCBE drafted MBES ONLY). Three sources for NCBE released questions are: 1) The Strategies and Tactics for the MBE by Walton and Emanuel, 2) Adaptibar and 3) the National Conference of Bar Examiners.

The reason you want to focus your attention and energy on the NCBE released MBEs is because it will be important for you to align yourself with what the National Conference of Bar Examiners is testing, how they are testing, as this is will be the closest approximation to the actual test. Think of it this way: you need to know what the NCBE think amounts to a taking by force such that a robbery occurred rather than what you think factually amounts to a taking by force or what your law professor thought was a taking by force. Focus on completing NCBE MBEs (timed as well as non-timed review of MBEs is important – more on this in a future post).

3. Work on memorizing a condensed version of the subjects after you have spent time reviewing past exams.

It will be so much easier to memorize material that you actually understand. As I suggest above, one of the best ways to gain an understanding of the material is to see how it is tested. Once you have studied how products liability is tested, you will have a much easier time memorizing what you need to know for Products Liability. What you actually have to memorize becomes less as it represents what you fully understand.

Products liability is a big topic with a lot of detail. However, to be able to successfully navigate a products liability exam you will need to be able to have an approach for, and a condensed version of, products liability memorized (and, of course, understood). For example, the following would be a good approach for Products Liability:

  1. Introductory statement: The plaintiff may recover under products liability for the following torts: 1) intentional tort (usually battery), 2) negligence, 3) strict products liability (for defective product) and 4) under the warranty theories (implied warranty and express
  2. Intentional Tort (here plaintiff may be able to prove the tort of battery if they can show the defendant knew with substantial certainty that a harmful or offensive result would occur – look for facts that state percentage rates of failure – this suggests the defendant knew with substantial certainty that _% of the time the product would cause a harmful or offensive result. This is always a quick discussion, but worth points by addressing it quickly – this is generally addressed in every released answer for products liability essays, yet many examinees miss this point).
  3. Negligence – all in the commercial chain owe a duty to plaintiff – reasonable manufacturer, reasonable retailer etc. Write a normal negligence discussion, but focus on drawing attention to the breach as being a failure to warn or negligent design as these will be easily referred to once you are in your strict products liability discussion.
  4. Strict Liability for Defective Product (unreasonably dangerous) – strict liability attaches by placing an unreasonably dangerous product in the market place. Your focus will be to prove that the product is a defective product. There are three ways to prove this: 1) manufacturing defect (rarely tested on the essays), 2) design defect (often tested) and 3) warning defect (often tested). Prove up one or more ways the product is defective, then briefly discuss causation (which you can refer back to your discussion of under your Negligence call – if you have already discussed negligence) and then conclude (of course discuss any appropriate defenses – i.e., assumption of the risk, learned intermediary, etc.)
  5. Warranty Theories 
    1. Implied Warranty of Merchantability – implied into every sale that goods are of fair and average quality and fit for the ordinary purpose. This is something you will typically address on EVERY products liability essay as it is always present.
    2. Implied Warranty of Fitness for Particular purpose – you may or may not need to discuss this warranty – it must be generated by the facts.
    3. Express Warranty – you may or may not need to discuss this type of warranty – it must be generated by the facts.

Note that you can condense this even further and ultimately turn it into a checklist/shorthand approach for products liability.

Getting a handle on how the substantive material plays out on the essay exams (as well as how it is tested on the MBEs) is critical to your success. The above is an example of how you should be viewing the material. How much easier would it be to write a products liability exam if you actually knew, going into the exam, what areas to write on and for how long? Studying past bar exam essays and answers will help you not only with your understanding of the law, but also with your memorization. Memorizing a step-by-step approach for each area will enable you to get to writing your answer more quickly because you will know how to start your exam. Your answer will look more organized, your issue coverage will be better and it will look like you know what you are doing because . . . you do.

I will write more in the coming days about how to make the best use of the time you have remaining and techniques for memorizing.

Until then, happy studies!


California Bar Exam: Free Workshop, Predictions & More


Hello all,

Thank you for following the Bar Exam Guru blog! We have now had over 800,000 views. I am humbled and grateful for the followers.

Due to the high demand of our free “How to Pass the California Bar Exam” Workshop, I will be teaching a second workshop to be held this Wednesday, June 1st from 7:00 pm to 9:30 pm. This session will be held in Orange County.

As a bonus, I will be covering the Performance Test and will address some early predictions for the July 2016 bar exam.

Class fills up quickly, so be sure to reserve your space early!

Students will receive a free copy of our Guide to Passing the California Bar Exam as well as free bar exam writing templates. The workshop will provide substantive coverage on how to successfully write for the California bar examiners. Get answers to when and where you should include California distinctions, how long is a typical passing essay answer, learn the proper form and structure of a solidly passing essay and performance test. And, as time allows, we will discuss strategies for the MBE.

Come and learn how to develop a plan for succeeding on the July 2016 bar exam. Space is limited. Reserve your space today!

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California Bar Exam: Free How to Pass the California Bar Exam Workshop

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Wednesday, May 18, 2016 is our next free workshop! This session will be held from 7:00 pm to 9:30 pm. This session will be taught by Lisa Duncanson. Class fills up quickly, so be sure to reserve your space early!

Register now for our upcoming, free, How to Pass the California Bar Exam Workshop. Learn how to put together a successful study plan, learn strategies for successful essay and performance test writing and keep up to date on changes to the bar exam, get answers to when and where should you include California distinctions, how long is a typical passing essay answer, learn the proper form and structure of a solidly passing essay and performance test. And, as time allows, we will discuss strategies for the MBE..

Space is limited, so sign up early to secure your spot!

Sign up here!

What should I do if I just failed the bar exam?

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What should you do if you just failed the bar exam?

If you have failed the bar exam, keep in mind that you are in good company. The bar exam is not an IQ test. Many very bright and hardworking examinees fail the exam. As devastating as this experience is, it is important to start thinking about what you need to do next. Below are some tips and suggestions. Above all, don’t lose heart.

1) Get past being devastated as quickly as possible – I know this sounds really harsh, but the sooner you are able to get back on track and develop a plan for passing – and yes, start studying again – the better. Those that do, have the best chance of passing the next exam.

2) Find out why you failed – this starts by getting your scores back from the bar. The bar will automatically mail score sheets to all examinees who failed the bar. This usually takes 1 – 3 days after bar results come out. When you get your scores, don’t panic and don’t make assumptions about any one section. You will receive raw scores and scaled scores. Take the time to read the materials that come with your score sheet that explain the raw and scaled scores. See also, other posts on this blog about making it to re-read and interpreting bar scores. And, if you need help interpreting your scores, you can get it free through Bar None Review – contact me (Lisa Duncanson) directly at: (Note: I offer this on a first come, first serve basis and for a limited time. To participate you must send a copy of your actual score sheet, including your name and a phone number where you can be reached).

3) Commit to taking and passing the next exam – in almost every case, I would recommend taking the very next bar exam. Obviously there are sometimes reasons to sit out a bar exam administration – but in most cases, the best advice is to take the very next exam. Think about it, the material seems like it has fallen out of your head right now – just think how hard it will be to put it all back together if you wait another six months – that would be a whole year since your last review – not a good plan.

4) Attend our free workshop –  I will be teaching a free, How to Pass the California Bar Exam workshop this Wednesday, May 18th in Los Angeles. Students will receive a free copy of our Guide to Passing the California Bar Exam as well as free bar exam writing templates. The workshop will provide substantive coverage on how to successfully write for the California bar examiners, how to develop a plan for succeeding on the July 2016 bar exam, tips for writing Performance Tests and strategies and tactics for success on the bar exam. Space is limited. Click here to reserve your space in the May 18, 2016 workshop.

5) Develop a plan of attack – Your plan might include taking another bar review course, hiring a tutor, or continuing your studies on your own. There are many courses available (assuming you already tried barbri) that cater to different needs – small classes, private tutorials. Do your research and due diligence before enrolling in a course. Ask for references, ask to see the course materials before enrolling, make sure the bar review provider is a good fit for your needs. And, don’t abandon your common sense – if it sounds too good to be true – it probably is. But, whatever you do (take a course or study on your own) make a plan – figure out how many hours you will study each day, where you will study, how long will you have to review each topic, how many essays you will write each week, how many MBEs you will do each day, how many PTs you will write – figure it out, map it out and develop a plan. For tips on how to create a study plan, click here.

6) Work hard – no matter how hard you worked the first time, you are going to have to work just that hard again. And, if in your honest assessment of your prior bar studies you conclude that you did not work hard enough – well then you are going to have to work harder. There simply is no magic bullet.


Lisa Duncanson

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