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

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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!!!


Lisa Duncanson, The Bar Exam Guru

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


February 2014 Bar Exam Predictions: Part One

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First of all I want to wish you all the very best of luck in your studies this week and I want to thank you for following my blog. It is quite humbling and is truly an honor to have this reach into bar examinees’s lives and to be able offer some support and advice for free. It is one of my favorite things to do. That being said, please understand that my students who pay to take our courses do not appreciate it if I release our “predictions” weeks in advance to the world. They pay for the privilege of our insights – at least they see it that way.

During the last February bar round, out of respect for my enrolled, paying students, I did not release my “predictions” publicly until the day before the bar exam. But, this year I am releasing predictions a bit earlier. I know, not as early as some would like.

WHAT TO EXPECT FROM ME: I will post predictions here today and additional predictions in the coming days. The “predictions” are really just possible essay scenarios that I think are a bit more likely on this bar round. Always, my enrolled students needs must come first. But, I will continue to post here as often as I can.

WHAT SHOULD YOU DO WITH THIS INFORMATION? The point of making predictions is not to tell you that you should study these areas exclusively. It is simply intended as some guidance for what might show up and should it show up, the fact that you have given these areas a little bit of extra thought will feel very good on exam day. If you are weak in any of these areas, then it especially deserves some extra treatment. If you are weak in an area that is not on my list – you NEED to give that area extra attention. Do not assume something will not be on the bar exam. ANYTHING can be tested on the essays and you should have prepared with that in mind. Anyone who tells you something is not going to be tested is ignorant of what the bar exam in California is like – topics repeat back to back on multiple bar rounds – so do not discount any topic.

CAVEAT: NO ONE CAN PREDICT WHAT WILL BE TESTED ON THE BAR EXAM. If you have been following my blog you will know that I do not really like to call my “predictions” predictions. I do not claim to be able to predict the bar exam. I have simply come up with what I call essay scenarios that I think might be worth considering.  I do not recommend that someone conduct their studies around predictions. However, I do think it is helpful to focus a little extra time on some of the areas that might be a bit more likely to show up on the bar exam – especially if any of these topics are areas that are weaker areas for you. So with that in mind here are some of my thoughts on what could be tested on the February 2014 bar exam.

Last bar round, I felt strongly that Constitutional Law could be tested. I also thought that Community Property (specifically the area of Van Camp and Pereira) would be tested. Both essays came up, and in the way that I would have expected. No, I did not see the 13th Amendment coming – but – the 13th Amendment on that last bar exam should not have thrown anyone – if you simply know how to handle the bar exam (more on “handling the bar exam” later). Of all of the essay topics that I thought might come up, I was most certain about Constitutional Law and Community Property (specifically Van Camp and Pereira). I tell you this simply because there were other areas that I thought were less likely, but possible areas for either repeat testing or simply possible, but not my first choice. Some of those areas (like Civil Procedure) are now on the top of my list.

Civil Procedure: This topic is being predicted by many and is sort of an obvious possibility. The most commonly tested issues in civil procedure are jurisdictional issues (Personal Jurisdiction, Subject Matter Jurisdiction) as well as venue (generally always a very short issue in terms of how much time you should spend on it), removal (also a very short issue coverage) and collateral estoppel and res judicata.

So, what specifically do I think could come up in Civil Procedure? Always Personal Jurisdiction and Subject Matter Jurisdiction are likely – since these areas are historical favorites for testing on the California bar exam. But, there are some areas that we just have not seen tested in a while (and many of these areas actually have a Federal/CA distinction).  These areas – that have been tested heavily historically – but have not been tested recently – are where I am leaning a bit more heavily for this bar round.

The areas that I feel are particularly due include: Collateral Estoppel and Res Judicata (one of my first picks if you were to have Civil Procedure on this bar exam) and the possible tack on type issues of: Notice and Code Pleading and/or Remittitur and Additur. See more detail below:

Pleading issues – like Notice and Code Pleading – would not require a long discussion, but it is tested often and does include a Federal/CA distinction. Federal Courts utilize Notice Pleading and California follows Code (or what is also referred to as “Fact” pleading). Another tack on area (by tack on – I mean it is typically a shorter issue on your essay exam, not something that can make a full one hour essay) that I could imagine might be on this next bar exam is the concept of remitittur and additur. But, recognize that these “tack on” type issues of Notice/Code Pleading and Remittitur/Additur are typically short issues.

What about Supplemental Jurisdiction? Sure, it can always be tested. BUT, bear in mind that if supplemental jurisdiction is tested, it will likely be what I refer to as a “tack on” issue or call because it would not be a large part of the question, but rather a shorter call within an essay exam). Typically you would expect supplemental jurisdiction to come up in the context of a Federal Diversity Jurisdiction essay.

What about Class Actions? Class actions has not been tested in a very long time – I keep thinking that is due, but, If you look at what is most often tested in Civil Procedure it is jurisdiction (PJ and SMJ and Venue, Supplemental Jurisdiction) and Collateral Estoppel and Res Judicata the absence of Class Actions does not necessarily mean it is coming. So while class actions has been absent for many bar rounds, it is still no more likely in my mind, as jurisdiction or Collateral Estoppel and Res Judicata. But, if you were to see a class actions issue, it is easy. Simply know the requirements, state each and address each separately (using separate headings for each requirement).

Incidentally – be sure not to mix up Res Judicata and Collateral Estoppel – make sure you know which one is issue preclusion and which one is claim preclusion. Here is one way to keep the two straight: the “C”s do not go together – in other words: Collateral Estoppel is Issue Preclusion and Res Judicata is Claim Preclusion. Should you get tested on this area – be certain to make note of the California (and minority) “primary rights” view with respect to claim preclusion.

Final thoughts on Civil Procedure: I do think that Collateral Estoppel and Res Judicata are both long overdue for testing. I still think you could see jurisdictional issues (it is, after all, a favorite area for testing) but, I would also expect to see some of the shorter, tack on issues appear (especially the areas where there is a relevant California distinction). Okay, enough said about Civil Procedure!

PROPERTY: Most are predicting Property. I would tend to agree that Property is very likely. I have some specific thoughts about what could come up if you were to see Property on this next bar exam. I think the area of Covenants (either in the restrictive covenant/equitable servitude context or the covenants of title) is a likely possibility. I also think that Easements are possible. The area of Landlord/Tenant is a favorite of the California bar examiners and it could be tested with either a covenant or easement issue. If covenants of title were to be tested, you would also have other issues that typically come up in the land sale context like: notice (constructive, inquiry, and actual) and recording act statutes. Be prepared to also (potentially) discuss constructive, inquiry and actual notice in the context of an Easements essay – where you might be asked to discuss whether or not the buyer of a parcel of land is taking that land subject to a purported easement.

Possibly Criminal Law – Murder: Make sure you know your essay approach for murder – murder has not been tested in a long time and it would make for a nice cross over with Criminal Procedure. Criminal law has been tested quite a bit over the last few years. This is not uncommon. But, what is unusual is the long absence of murder. It is due for testing. It is not my first pick for this bar exam, but the simple fact that murder has not appeared on the California bar exam for a few years now, ought to suggest it is coming sometime soon.

OTHER TOPICS that I think are likely: Business Organizations, Evidence (perhaps – finally – a transcript style essay) and of course Professional Responsibility (as you know Professional Responsibility is generally always tested on the essay). Take a look at my predictions from July 2013 bar exam – you will note that I suggested that you could see a professional responsibility fact pattern that straddles corporations a bit – for example, a lawyer who is representing a corporation and the specific issues that come up in that context. This did not show up on the last bar exam and as a result I feel it is more likely).

I will post more on the “predictions” very soon.

In the meantime, keep at it. Believe in yourself and stay positive. Maintaining a positive attitude in the days leading up to the exam is key. There is still a lot of time – use it well.

All the best,

Good luck to you!

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

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

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Free “How to Pass the February 2014 Bar Exam” Workshop

How to Pass the February 2014 California Bar Exam Workshop” – Thursday, December 12th from 7:00 pm to 9:00 pm. Los Angeles, California

Back by popular demand, our next “How to Pass the California Bar Exam Workshop” will be held on Thursday, December 12, 2013. Our workshops fill up quickly. Reservations are on a first-come, first-served basis. This workshop is free and includes free bar exam templates and our “How to Write for the California Bar Examiners” Handout. Space is limited. Click here to make your reservation.

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California Bar Exam Tips: A few words about essay “predictions” and studying . . .

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First of all, my heartfelt thanks to those of you following this blog. We have now had over 300,00 views – I am grateful and humbled.

Predictions. First of all, no one can predict the bar exam. I do publish what I think are possible essay scenarios. I will begin providing these essay scenarios in the coming days. However, you should be prepared for every topic – because any topic  can be tested. In fact, topics that were just tested on the July 2012 bar exam will likely show up again on the February 2013 bar exam. It is not likely to see all of the same subjects, of course. But, it is extremely likely to see some. Therefore, rule number one for those of you who are studying for the February 2013 bar exam should be to assume anything is testable (DO NOT presume that since something was tested the last bar round that it will not rear its ugly or pretty head again this very next bar round).

We are holding our last Bar Exam Cram Session tomorrow (Saturday, February 16th and Sunday, February 17th). There are still some seats left, should you wish to enroll, please contact Viktoria at (213) 529-0990 or email us at:

Since I will be teaching all day tomorrow and Sunday, I will likely not post here again until this coming Monday.

Therefore, I would like to address what you might consider doing this weekend (study wise):

1. Do not allow yourself to let the stress of the bar exam get the better of you – actively push fear and negativity aside – you will end up retaining far more material if you maintain a positive and hopeful attitude.

2. STUDY. This is an obvious one. However, how you study at this point can make a critical difference. Memorization is obviously a very important part of success on the bar exam. However, what many examinees fail to do is to read essay exams and answers. All too often examinees spend most of their focus on reading outlines, memorizing outlines and far too little time on actually gaining an understanding of the law and how the examiners test each topic.

In order to succeed: it is critical that you are able to 1) identify the issues (this requires exposure to past bar exam questions so that you can see how the issues arise) and 2) that you are able to resolve the legal issues presented. These two points may seem really obvious. However, many examinees spend all of their final days of preparation reviewing their outlines rather than reviewing essays. The bar examiners are far more interested in your ability to identify and resolve legal problems than they are with your ability to memorize and spit back rules. Rules are important. However, it is critical that you are able to evidence an understanding of the concepts that are tested. One of the best ways to improve your issue spotting and your ability to write (and set up) a successful essay answer is to study past essay questions and answers. This is really important.

Think about it this way: on exam day, you will not be asked to write out a property outline or a wills outline or a contracts outline. Instead, you will be asked to write an answer to an essay. You can only do this successfully if you are able to spot the issues. I am not saying that memorizing outlines is useless. But, I urge you to read through as many essay exams and answers as possible in the coming days. The reason? You will learn how the issues arise (and how to successfully resolve the issues) far more readily from the actual test than you ever will from an outline. You will also learn valuable insight into how to organize your own answers. It just makes good sense.

Predictions (with a caveat that there is no such thing as being able to predict the bar essay tested topics):

While you are studying this weekend, I would suggest a good review of property (1. review a reasonable outline – not a phone book sized outline, but a reasonable sized outline AND, 2) review property essays). I am leaning towards the possibility of perhaps an Easements exam or Covenants and Equitable Servitudes . . . many are predicting Property. I am continually revisiting what was tested most recently, least recently etc. Of course there is absolutely no way anyone can actually predict this test. However, I think that Property is a very possible subject for testing (many would be predicting this) and I think that something in the area of Easements is very possible.

Good luck to all who are studying for the February 2013 bar exam! And, stay tuned for more posts, tips, and yes, “predictions” . . . but, PLEASE, prepare for all subjects.

All the best,

Lisa Duncanson
The Bar Exam Guru
Bar None Review
(213) 529-0990
(949) 891-8831

California Bar Exam Tips: July 2012 Bar Exam Predictions are on the way!

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Hello all,

I will be posting my “predictions” for the July 2012 bar exam later today.

In addition, I will post tips each day between now and the bar exam. Topics will include: how to study in the final days and hours, likely essay scenarios, as well as quick approaches for some of the possible essay topics.

So be sure to check back here on a regular basis.

Also, I am taking questions, so please feel free to email me if you have a question you would like to ask and I will do my best to answer it for you. You can email me at: (My enrolled students are my first priority. However, I will do my best to answer any questions that I can between now and the bar exam).

In the mean time, take a look at some of the study plans on this blog. It is very important to have a plan of attack for the remaining days leading up to the exam. While I have provided sample study plans, your plan can vary. It is more important that you have a plan for each day than your following every aspect of the suggested plans on this site. The key is to mix it up – rotate in multiple subjects into your review each day and be sure to spend a significant amount of time reviewing past essays – this is critical. Do not test yourself on these essays – simply read the fact pattern two or three times and then study the answer(s).

This is one of the best ways to prepare in the final days leading up to the bar exam. Most examinees make the mistake of spending all of their time cramming and memorizing the law and end up neglecting the essays. It is so important to see how the issues come up (how the issues are tested) on the California bar exam. No outline will accomplish this for you. And sadly, most examinees spend most of their time in outlines – divorced from the actual exam. My advice to you today and for next 7 days is to review as many past essays as possible. This is how you will improve your issue spotting and handling of the essays on the actual day. Also, it will greatly increase the likelihood that on the bar you will see essays that you have already seen all or part of before. How great would that be? You can make that happen by simply reviewing many essays every day.

Not only will review – right before the actual exam – of past essays improve your chances of spotting the correct issues, this essay review really is a substantive review. By reviewing four Civil Procedure essays in a row, you will have a much better understanding of how to approach the subject if it shows up on the exam. By the way, I am predicting Civil Procedure. This is a fairly obvious pick. Of course, it may or may not be there. But, if it is, it would probably be nice to know that the last time the California bar examiners tested In Personam Jurisdiction (the full minimum contacts analysis) was in 2006. And, this essay is no longer on the California bar exam website . . . interesting. This does not mean that Civil Procedure is a definite for the exam. But, it does mean that personal jurisdiction (specifically in personam jurisdiction) is due. Many things are “due” or “up”. All of this being said – no one can predict this exam. Nor should you direct your studies away from a topic because it isn’t on someone’s list of predicted topics. That would be very, very foolish.

So, read lots and lots of essay exams and answers. This will increase your issue spotting skills, serve as a substantive review that is in the actual context of the exam, and increase the chances of your actually seeing the exact or nearly exact essay or essays on the actual bar exam.

I will post again later today with my thoughts on what I believe is most likely to be tested. Keep in mind that anything can be tested. Do not dismiss any topic. First Amendment Speech was once tested three times back to back. Many other subjects have been tested three times in a row. Anything is possible. However, I will post what I think is more probable and provide essay scenarios of what I believe could come up on this exam.

Be sure to check back here for more and be sure to let others you know who are studying about my blog.

Remember that you can accomplish so much in these final days. This is really the most important time. You will be relying heavily on short term memory, so make certain that you study well in these last days. I am always stunned at how some examinees will say: “If I don’t already know it now, it is too late”. That could not be more untrue. It is NOT too late. Read essays, read essays, read essays!

I wish all who are studying for this exam the very best of luck!


Lisa Duncanson
Program Director/Founder
Bar None Review

California Bar Exam: February 2012 Day Three Rehash Coming Soon


Hello All,

First of all, thank you to everyone who has written in with their thoughts on the essays. We will be sharing some of the more detailed analysis that students have provided and I will be weighing in with what I think was expected. Know this for sure (from what I have been told by examinees about the three fact patterns) there were many issues tested and there were different routes you could take to solve/resolve some of the issues presented.

We have received many, many emails from examinees out there who are worried because they feel that they missed an issue or two. Please understand that when an essay exam is heavily issue loaded or has more than one route to resolving the issue, then you are bound to “miss” something. It is normal and it certainly does not mean that you have failed that essay.

I know it is difficult, but, it makes sense at some point to let it go. To that end, I will be posting some of the issue analysis that were provided to me by examinees (detailed lists of what they felt was tested) so that you can see what other students felt they caught or missed. I will also do my best to weigh in on what I think the examiners were truly looking for on day three’s exams.

By the way, I really felt that Criminal Law had to show up on this exam . . . PTB was heavy Criminal Law. So they really covered quite a few of the MBE topics this round and of course heavy on Professional Responsibility (day one’s PT and day three – on one essay if not two). So, nothing too surprising really. I know, from the reports that I received from examinees, that this exam was tough. But, quite frankly it was a pretty typical bar exam round. If anything, it was a more typical bar exam round than July 2011 which really did not have any cross-over essays. I know that may sound easier (no cross-overs) but, it wasn’t an easy exam at all. Take a look at the July 2011 Real Property essay and you’ll see just how tough a non-cross-over can be (very heavily issue loaded and difficult to finish in one hour).

Day three threw many examinees for a loop. However, you should bear in mind that if you felt like it was tough, then so did everyone else. The key to passing an exam like the California bar exam is to keep writing in spite of the fact that you are a little thrown by the essay (as opposed to sitting there and thinking for too long about what to write – that can be dangerous).

We will have something here by tomorrow on day three’s essays.

Thank you again to all of you who have written in and given your essay synopsis and analysis. And for those who have not done so already, feel free to do so. Also, still trying to answer questions as I can about the test. However, the point of my next post will be to hopefully address many questions all at once and to help you put this test mentally behind you.

All the best,

Lisa Duncanson

Bar None Review


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

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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: and we wills see to it that someone gets back to you.