Did You Pass?

The Number One Question of This Year For You Will Be, "Did You Pass?" How do you answer this simply, loaded question? Do you reply with a basic yes or no? Or, is it yes or no, with explanation? Do you ask the person, "why do you want to know?" Or do you not indulge the question at all, and just bypass it, with laughter, a grin, or awkward grimace?

Let us begin with a question to the person asking the question. Is it bad manners to ask at all? I'll answer that. It is. It is bad manners to ask someone a question that you know could have a not-so-good ending. But, people ask it anyway, because in some circles it is supposed to be expected that you can ask someone about the bar exam. I mean you did graduate from law school and you did take the bar examination. Some would look at it as part of a general conversation. So, guess what. Your gonna have to answer it.

1. Answer the question (with no explanation). Yes or No. Now the conversation is over and done with (which it never is).

2. Answer the question (with explanation). Yes or No. Yes, with an explanation regarding plans for the future. Yes, I passed and I have a job. Yes, I passed and now I need a job. Yes, I passed, and I am placing the license in the drawer for a year, two years, or forever.

No, with plans to take the examination again. No, I did not pass; I will take the exam again. No, I did not pass, I will never take the exam again. No, I did not pass, I will take a break from bar examination tests for a year.

3. Probably the best way to answer the question regarding the bar exam is to acknowledge that you passed or that you did not pass, supply some cursory thought that really has no meaning. Allow the person to be happy or sympathetic for you, then move on to the next question.

4. Remember the Good, the Bad, and the Ugly. Regardless of the outcome of your exam, some people will feel very happy for you (even if you are not successful). Those people will paint a nice picture for you about life, and make you feel hopeful when you leave them.

The bad will say something similar to who they really are. It will just be something awful, like do you think you can really pass it. Or, do you really think you can be a good lawyer. It will be something ridiculous like that. How should you handle that? Cut 'em (not with a knife). Just cut that person loose from your life. Quickly. Don't explain. Don't give them an opportunity to say something to change your mind. Let them go.

The ugly are just a little bit more crazed than the bad. The difference between bad and ugly is this: bad people say things to make you feel bad; ugly people do things to interfere with your life so that you never move forward. The word, again, is interfere. You do not have a chance. So, watch the person that is trying to ask you to do things to create havoc in your life if you have to prepare for the bar exam again. Then run from them. Move, give them a bad e-mail address, Facebook reference, or something. Keep running. These people never let up. Ever. You got it? Good.

5. If you need to reach me, please do so at TheBarExamCoach@aol.com. The best to all of you.

Prof. Smith

The Bar Examination Is Over - - That Is, For Now.

Win, Lose, or Draw, The Bar Exam Has Run Its Course And Most Of You Are Coming Down From A Ten Week Period of Testing, Reviewing, Memorizing, and Working Like The Lawyers You Want To Be In The Future.

So, what is next? What do we do while we wait for the bar exam results? Here are a few things to contemplate after you have taken three to ten days off from your personal relationship with the bar examination.

1. Re-take The Bar Exam. Hold up. Wait one minute. Stop reading the first sentence because it does say what you think it says - - re-take the exam. If your jurisdiction allowed you to take the questions to the exam home with you, then you should count yourself as lucky. Why? Well, you get to actually write out answers to questions and with the books right there with you.

I did it. I returned home and answered the questions. I sat down with a yellow pad and wrote out the answers. I know. That was me. That was then. Just because I did it does not mean that you must do it. You are correct on all counts. Correct or not, if you want to know how you did on the exam, and if you have the questions available, then take a seat within the next 14 days. Write out the answers.

2. Pack Up The Commercial Outlines. Pack up the materials, nicely, please. Take time to organize your work. The material does not have to be color coordinated and packed in tip-top shape, but loose notes should be stored in folders, write the names of subjects on the front of the box, and do not throw away the schedule and other tidbits of information received by the commercial course. Hold on. Change could be coming, but we do not yet know in what form.

3. Stop talking about the bar and reflect on the experience. It is time to deflate a little, and get away from the experience. I do not ask you to hide and deny the experience, or that it ever took place, but too much talk about it makes it still seem like the exam is still part of your here and now, but it is not. It is over. If someone brings it up, certainly you can discuss it. But I suggest that you do not begin every conversation with the bar exam. Let it rest for a while. The bar will return in a few short months. If you want to know how you feel about the exam, then write a reflective note to yourself by e-mail.

4. If you do not have a job, find one. I said, a job. I did not say, "the" job, or a legal job, but "a" job. Once you find a job, then you can look for "the" job. I don't want you to be confused about what you need and what you want. You need to eat, to have a place to sleep, to pay for a few bills. You want food that looks more like a feast than a meal, you want to sleep in a mansion (or, at least a five bedroom, three full baths, home), and you want to be able to pay your bills off, and not down (or, get them in control) within thirty (30) days.

Don't let other people deter you or beat you up because their job is "allegedly" bigger than your job. My job is to make the green. That's my job and no one else is supposed to ask me how I do it or care how I get it done. Stay out of my pocketbook unless you put money in my pocket. I never ask people what they do or what they are doing or show any indication about wanting to know who makes what. It's simple. No matter how much information I have about other people, their salaries, and their positions, all of "that stuff" belongs to them. I still have to fight the good fight for myself and my family. I do not allow anyone to intrude on how I earn a living, and I do not intrude on how others support their families. Sharing is one thing; tending to your own household's business is another.

5. Make A Plan After Results Are Posted. What will you do if you pass (will I take a second exam, do I have enough points to waive into another state, who will I tell and what will I say)? What will you do if you don't pass (will I take the exam immediately in February 2011; how will I study; will I sign up with the same commercial bar prep course (or, another course); will I sign up for a course, at all; when will I begin study for the next exam; what will I do if I have a job; how will I study).

A word on jobs. If you found a job that is not the job that you want, but the job that you need, keep in mind that may want to let that job go IF you do not pass the bar exam and need to take it again. The bar exam is easy (easier, let's say) with the person does not have a job that he or she must contend with five (5) days each week and 40 hours per week. But include the exam with five (5) days and 40 (or, more) hours, and it looks like a tragedy. A soap opera of some sort. If you are a smart person, you will find a job that works for you as soon as possible, and learn how to save all or most of your money just in case you get a surprise in November. If you have squirreled away enough money over five or six month period, there is no reason why you can't live without the extra 40 hours a week.

On the other hand, a forty (40) hour a week job makes you work harder IF you have to work and study for the February bar exam. It makes your time more valuable, and it makes you believe that you have to get it this time around, because you do not want to do it again in July 2011.

If you have already secured "the" job before graduating from law school, then you will have to work. You hope your boss will be kind and understanding, and not place a heavy workload on you. But don't expect it, or anything else from a boss or co-workers. If you get some time off or a lighter work load, that is good, but you are now on the other side of the law school experience. You are not a student anymore, and your employer may force you to tow the line. Be ready for it.

My last post for the July 2010 bar exam is tomorrow, July 30, 2010. The thought for tomorrow is, "How should you conduct yourself when the results are posted?"

Until tomorrow.

Day One In Review, On To Day Two . . . .

After the First Day:

First, did you see anyone in the exam today that maybe got a little nervous. Maybe, they did not have a mantra, or a method to get through the problems. Try to sympathize and be thankful that you weren’t in that group. Game over for Day One.

What’s Next.

Dinner.

A nice, loving dinner, regardless of what your mind wants to whisper into your ear. You want to wait for dinner because you want to talk (just, a little) about the examination. You are excited; half of the test is over, and you want to share excitement, relief, etc., about it. Slow down. Try to have your main dinner earlier than later after the examination. Why? While you are running your mouth about all the excellent writing you did, you are going to tire soon, and fall asleep before you know it. I would rather you take a nap at 6:30 today, than talk a lot after class, get a late dinner and wake up Wednesday morning, or at 4:00 a.m., Wednesday morning without having a defined plan.

Have dinner now, make whatever phone calls you choose, take a walk, then nap for two or three hours. Upon waking, you can do a number of things. Look over a few concepts, if you like, watch something on television, listen to music, exercise, pack your bag for the next day, shop for lunch if you have not before.

Or, if you have done all of those things and feel comfortable about Day Two, then you can return to your nesting spot and dream about how to attack those long property and constitutional law questions. I want you to be well rested and well nourished for Day Two. I do not want you to be so talked out that you cut into the day’s food and sleep.

Preparing for the Second Day.

If you decide to take an early nap, and upon waking, want to look at the MBE or a few questions or a particular subject area, then do it. If you awake from your sleep and you do not want to look at the MBE or a few questions or a particular subject area, then don’t do it.

I chose to look at a few questions and even answered 17 or so, just to make certain that I would not forget how to place a round pencil in a round hole.

But whatever you decide, do not tell anyone what you are going to do, or why you are going to do it, just move forward on it according to your plan. You did not make a decision about how you were going to approach this two months, two weeks or even two days ago, just to get to the hotel and debate with someone about how you have decided to attack the bar exam.

It is not the kind of party where people can pick what you will wear, so don’t go and get all dressed for it on anyone's behalf, except your own.

The MBE – The Weak Day

Careful ladies and gentlemen - - but we get caught up in the circling of answers to questions, and after a while, during the exam, we remember why we like MBE questions better than essay questions. MBE questions are low on the interactive scale. We don’t have to draw any fancy pictures, or create any acronyms for a question. We don’t have to return to the facts and re-write them. We don’t have to do anything other than place a black mark in a circle.

A trick, we could teach the right pet to do as an April Fool's trick.

Let’s not be fooled.

You are going to have to think on each and every question. I pretend that there is no other question alive except the question that I am working on right now. If you have to shake your head and get back to reality if you become drowsy, then do so.

I remind myself, that every question is personal.

I answer it, then dispose of it, one question at a time.

I keep my time, and make certain that I do not fall behind. You cannot say that you did not finish if you do not let yourself fall behind. No excuses.

Do not skip questions.

You should know that by now. Why? Just in case you don’t know - - well, If you skip a question and fail to skip a question on the answer sheet too, then you are filling in the wrong blanks until the proctor tells you to stop. That is really dangerous. Do not play with your bar licensure like this. It is not worth it.

If you come to a question that for whatever reason you’ve decided not to answer because it is too %#%^%f?, then make a guess, fill in that circle, and move on. At least you are on the same set of questions moving forward and not jumping up and down screaming because you made what you would deem an innocent, yet, fatal mistake.

Please do not try to guess how many constitutional law, contracts, torts, criminal law/procedure, property, and evidence questions you answered in the a.m. session. That is a waste of time. There is no need for it. You still have to answer the afternoon questions.

It is still 100 questions that you will have to answer in the afternoon whether the moon is in Pisces and Saturn is in the upgrade of Jupiter. It won’t matter.

What does matter is that you keep your energy and lively spirit up and moving throughout Wednesday’s examination, so that you do not pretend to have MBE-last-fifteen minutes of the test- itis. You can’t get the itis. You just can’t. Fifteen questions in the last part of the exam with fifteen minutes to go. Do you know what this could mean? A score of fifteen more or fifteen less points – you can choose how you want to go out.

You cannot think about anything else during the last 8 questions. Think of only one question at a time and nothing else, please. If you have to, then say to yourself for each question, “This Is for the Money. This is for the money.” Then answer the question.

Question 95. This is for the money.

Question 96. This is for the money.

Question 97. This is for the money.

Question 98. This is for the money.

Question 99. This is for the money.

Question 100. This is for the money.

Finished. It is pay day.

I mean, PLAY Day.

Go for it. Just leave the keys to the car home.

Thank you for your time.

BTW: There are a couple of post-bar posts.

You will need to look at it for you or someone else. See you tomorrow.

GET OUT THERE EVERYONE. THE TIME IS NOW.

EMINEM HAD IT RIGHT. ONE SHOT. ONE SHOT. ONE SHOT. ONE SHOT. TAKE IT.

IN CASE YOU ARE ON THE BLOG THIS A.M. SOME THOUGHTS TO MY STUDENTS.

THE CALL OF THAT QUESTION SAYS GET UP, GET GOING & HAVE A GREAT, BAR EXAM.

NOTHING AND NO ONE DETERS YOU TODAY.

IF YOUR CAR WON'T START, WALK.

IF YOUR HAND WON'T WRITE, BREAK OFF SOMEONE ELSE'S HAND AND USE IT.

IF YOUR STOMACH STARTS GROWLING, GROWL BACK AT IT.

ACT LIKE JODECI: DON'T TALK, JUST LISTEN.

WORK THE QUESTION LIKE AN OLD, DIRTY T-SHIRT. TURN IT INSIDE OUT.

ANSWER EVERY QUESTION. POP THE CALL OF THE QUESTION RIGHT IN THE MOUTH.

BE LIKE A SQUIRREL LOOKING FOR FOOD. GATHER THE FACTS.

MPT PEOPLE IN D.C. DON'T FRONT ON THE MPT. YOU GOT THIS.

WE ARE NOT SHRINKING VIOLETS.

WE HAVE SEEN AS MANY TASK MEMORANDA AS THE NEXT PERSON.

I DON'T WANT TO HEAR ANYONE SAY THAT HE OR SHE MISREAD OR DID NOT UNDERSTAND THE INSTRUCTIONS. NO COP OUT. THIS IS FOR THE MONEY. AND I MEAN THAT, LITERALLY.

ANSWER THE QUESTION DIRECTLY. DO NOT HEM AND HAW.

BUT --- > K-E-E-P I-T M-O-V-I-N-G.

BE A MEAN, LEAN, FIGHTING, BAR QUESTION, ANSWERING MACHINE.

ALL RIGHT PEOPLE.

PROF. SMITH

Tomorrow - - - - > > GAME DAY.

First, we have to get to the game: transportation; logistics; walking.

Transportation

How are we traveling and what problems or concerns can we run into on the way to the exam. You can run into anything and everything. How do we avoid any and everything? We leave in enough time to walk to the site if necessary. The bottom line is tomorrow is not the time to be shy. If you car breaks down, you may have to hitchhike. If the cab driver is moving too slow for your liking, tell him you need him to drive as if he or she has a purpose because the biggest exam of your life is about to happen and you must be there. This is no time to be timid (but also no time to be rude, either). A temper tantrum will not get you anywhere, except more time in traffic.

Plane.

If you are arriving by plane early in the morning, then your goal is to keep your head at all times. Airports are large, busy, and confusing. Get directions from someone who works at the terminal for a cab or where to pick up your baggage. Yes, some of you are thinking, "who is flying in tomorrow?" Believe me, there are a lot of folk that have some interesting situations going on in their lives. Someone is taking a flight out in the morning, or will board a flight in a few hours to to get to their exam. It happens. When you, plane user, get into your cab, tell the cab driver your story, so that he or she can feel that you are dealing with an urgent matter. If someone is supposed to pick you up at the airport and take you to the exam, be 1,000% certain that the person has the right airport and the right airline before you get on the plane, even if you have to text the person right before hopping onto the plane. This is not a time to take chances, especially in a situation like the one before you. When you exit the plane (and as soon as you have a signal), call the person who is supposed to pick you up at the airport and stay on the telephone with him or her once you leave the plane. Tell him or her what type of clothing you are wearing, and what kind of luggage you are carrying. Find out where they are waiting for you. Then tell them where the site of the exam is - - again. Yes, we need the plan before we get in the car. We are not working with the, "I thought you said, X, plan." That is not the m.o. for tomorrow. Once you get in the car, say your greetings, then you begin to get comfortable. If you have to change shoes, socks, t-shirts (whatever!) in the car then do it. If the car is too small, then go to the hotel closest to the exam site and use that restroom to change AND the hotel's holding area (breakfast area). Get changed, get out and get to the exam site. ASAP.

Trains.

Ummm. Do not fall asleep on the train, and miss your stop. Yeah, I know that the guy comes by and stamps your ticket, etc. But heck, his daughter might be taking the exam today and he may forget to tell you about your stop because he is thinking about whether his daughter made her connections. You will need all kinds of alarm clocks. Use 'em. Get yourself off the train and move as quick as possible to ground transportation, using the same instructions I gave for those flying in to their destination tomorrow morning.

Automobile or Bus.

Drive yourself or take a cab. Do not take the bus. You will likely kill everyone on the bus if anything goes wrong. If the busdriver sneezes one second too long after the light turns green, I would not be surprised if you threw a No. 2 pencil to pop him in his head. Everyone on the bus is chilling, and you are the only ice-cold frozen pop, a/k/a, the original, "Mr. Freeze." Follow the instructions for cab or driving. Leave in enough time to walk. If you drive, and you happen to drive and park your car somewhere where it should not have been at 8:30 a.m., and you come out at lunch (12:45 p.m.) and the car is gone. Then guess what. It's gone. Call someone at home to check it out and call the police. Spend 20 minutes trying to straighten it out. If you can't, then go get a sandwich and something to drink, and say, @#$%#%@$# that car for right now. KEEP IT MOVING. You might think that I kidding, but I am not. I left my car at Georgetown University Law Center when we were studying for the bar. I left it there at 9:00 a.m., and went back at 12:00 to get some water from the trunk. The car was gone. Bye-bye, gone. Yes, it was; but, I did not flinch. I kept it moving. Don't let it take you to another realm. Get your butt back in there and take the exam. The car is really stolen or impounded. If it is stolen, you've reported it to the police. If it is impounded, then you will pick it up when you get out of the exam.

Short-cuts to the exam.

Do not try a new shortcut. Take the exit, street, road, dirt road you know already. Do not try anything new. It is a recipe for disaster. After the exam starts, disaster.

Gasoline, Ticket Fair, etc.

Fill your tank up tonight. Do not think that you have just enough to make it to the testing site. Murphy's law is now your law, and it will follow you everywhere you go if you try to do something that is not too right. Get the gas tonight, after 9:00 p.m., when there is less traffic. Get change ... as much as necessary for the cab or if you have to park at a meter (which you probably won't have to do). But, who knows. And, really, who wants to find out the hard way.

Don't Put Your Books, Etc., in the Car the Night Before the Exam.

Leave everything either packed in a bag right near your bed, or at the front door. If someone walks off with your car, then everything is gone. Not a good feeling. They say keep your friends close and your enemies closer. Well make your books or whatever else you are storing in your car, your enemy.

Get Inside When You Arrive At The Exam Site; Don't Dawdle. No Time For That.

When you arrive at the exam site, stay close to whomever is giving instructions with the microphone. It is not a "what did she say?" moment. No time for that. You have to listen and act and react for yourself today. Nobody is watching out for you, except me. And I cannot be at 500 different locations tomorrow. I'm good, but I'm not that good.

Share the Love, But Don't Fall In Love.

You will see people you haven't seen in a few months and memories come back very quickly when everyone is trying to get through an early in the morning, gotta pass this exam, tense moment. Ain't nothing like a hug (especially from deep voice, pearly white teeth, Don Juan guy, or belly button, bouncy hair, smile-all-the-time girl). But that's all you got for him or her. A hug. Don't get caught up in the conversation. You know what you came there for; stay on track. Get going and get ready to rock and roll.

The Bathroom (and other things).

I'm no doctor and I am not trying to tell you what to do, but the bathroom did not have a chance with me when I took the bar exam. Just between you, me and the lamppost, I knew I wasn't going to stand in a line for the restroom (at least not in the morning during the exam). Empty I came to the exam; empty I left from the exam. I don't know what the experts say, but I read my own expert treatise, and it said, Barbara Vanessa Maria Teresa Smith, "you sit down, and you stay down." If you have to squeeze the saliva from your tongue to quench your thirst (this is what the BVMTS treatise told me), then that is what you will have to do in order to make it through this exam. I listened to the little voice. What do you need to make it through the day. How much is too much? What is too little? You know your body. You know your life. What do you need to keep your body and mind happy over the next two days? Other things come up and some things we cannot stop, but we can be as efficient as possible. Be efficient as you possibly can.

You have your own little voice. What is it telling you? Move. Sit. Drink (a lot) (a little). Again, you are an adult & can make this decision for yourself. I JUST WANNA KNOW if you are interested in the party that will be held in your neighborhood on or about November 5, 2010. I'm Just Asking.

Follow The Proctors' Instructions.

To The Letter. Please. Do not kicked out because someone told you not to sharpen a pencil and you decided that no one tells you what to do. The next instruction will be to pick up your things and leave, or to call upon security to escort you to the other side of the exam room. Pick your poison. Do what they ask of you now. Pass. Don't do what they ask of you because you want to do it later. Take exam in February 2011. I think you get the idea.

Seating Arrangements

Introduce yourself. The person I sat across from had some strange tick (breathing heavily or tapping finger) that I cannot readily remember right now. But when I noticed that he or she did it a lot, I lifted one hand off the desk and brought it back down onto the desk, decidedly, and I looked at the person, to let them know that he (I think it was a he), needed to stop. He did, too. I never said a word. You should figure out something that does not involve speaking that will accomplish the same goal of allowing you to get through your examination without someone else getting on your nerves. Isn't that the purpose of the exam? You should not see it in your deskmate (but, don't be surprised if you don't).

Set up all of the stuff you were allowed to bring. Do it immediately. Don't look around. Believe me. You are alone. You do not have to look around for that. Since you do not know how quickly (or, slowly) they will seat everyone, you want to be more than ready when they say "You may begin."

Let us remember to stop when we have been told to stop, AND
begin when we are told to begin. Very simple instructions; okay!

The Exam Begins:
You may start off a bit nervous. That is okay. But treat each requirement with the respect it deserves. If it is the MPT, the task memo controls. If they are essay questions, follow the call of the question. If it is a short essay answer, we make certain that our answer is short, but that it is direct, then we close, and get to the next one. We follow our watches. We have an answer for every question. We don't skip questions, either.

We treat a question like it Maxwell House Coffee: All Facts Are "Good To the Last Drop."

We do not run from a question. We knock it down. We are not scared of the law.

We do not argue. We do not sit on the fence. We DECIDE who is guilty or liable. Then we beat that @#$@#^@^#$@ into the ground!

We do not rob Peter to pay Paul. When the time is up, we kiss that question goodbye & give the new question a bear hug.

We treat facts like the equal protection clause. All facts are similarly situated. We are like Marines; we leave no fact behind.
You are the new super-hero, alias, "The Fact Finder."

We remember - - from the moment we sit down, until someone says time.
We are not fighting to get in just for us.
You want your family to eat. Well.
You family has the right to live. Well.
You have the right to have what you want.
But you're gonna have to fight for it.

LUNCH.
Get up and go, but don't eat so much food that you feel sluggish.
If you are going to have a drink, you need to do it the second lunch starts, so that you can have a restroom break before the afternoon session begins.
Don't go far, you do not want the afternoon to start before you return.
Listen to the time in which you are supposed to return.
Make a decision before you go to the exam whether you want company at lunch.
If you want company, determine your boundaries.
Some people like to talk; some people don't.
I had a wonderful lunch by myself in the car. No love lost.
Do not beat up on yourself regardless of what you think you did.
Get geared up for the afternoon.
Don't grunt and moan like a baby about what you have to do.
Handle your business.

Afternoon:
Duplicate the morning, but do so with the energy of a lion.
Push even harder than the morning.
Don't let the crazy, "where in the heck did this question come from?" throw you for a loop.
When you write the answer to the last question, make sure you go out with a bang.
Be strong. Push the keys on the computer across the page.
Put your fingers into the pen.
Concentrate on how much you love you and love how you are going to get through the exam.
When they call time.
Stop.
Get Up.
Get out.
Have a great, meal.
Don't think about what has happened.
Look forward to the next day.

And the next post.

Go get 'em.

It Is Saturday - What Are You Doing To Prepare For The First Day of The Bar Exam?

Today is a work day. You are still testing, somewhere, this morning. Just because the exam is in a few days does not mean that you are not testing in the morning, memorizing in the evening, and working on what you need to travel to the exam site.

1. Testing: You can take a three-hour MBE exam.

2. Testing: You can write six essay exams (30 minutes) or four essay exams (45 minutes) or three essay exams (three hours).

3. Memorize: Say it until you mean it. Remember the phrase in the song, "now, walk it out." I want you to "talk it out." You should be able to recite the document, verbatim, without fail.

4. Review: You are reviewing material - - with a caveat. What materials have you not had a chance to fully grasp and what can you do to understand the basic points about the area of law that you seek to understand.

Yes, I know that there are some other things that you would like to review, but if you have already had an opportunity to review those things, then you should move on to the area of law that you have not had a chance to look at until now.

Do not be ashamed or embarrassed that you have not had the opportunity to look at something that you know you should have looked at before.

Be ashamed that you are not strong enough to recognize that you have work that needs to be done in an area that you don't know, and that you are not man or woman enough to face the fact that you need to look at it.

If you are ashamed of anything, be ashamed of that.

A quote to remind you that you do have time . . . .

If you break your neck,
If you have nothing to eat,
If your house is on fire,
Then you got a problem.
Everything else is inconvenience.

~ Robert Fulghum

5. You can pack later this evening. You can run to the store later. You can get "a few groceries," some other time. You don't have to take any clothes to or get any clothing from the cleaners. That is all irrelevant. Today is a work day. If you have to get something from the pharmacy or something to take with you to the exam, then remember there is an all night drugstore somewhere in your community.

Some folk will want to say, "if I don't know it by now, then I won't know it."

Save those words (if you decide to use them) for the minute you are checking in to the exam, and not one second before.

So, until tonight comes, sit your butt in the library and use this day to the fullest.

A favorite quote . . . .

"It's not that I'm so smart, it's just that I stay with problems longer."

~ Albert Einstein

Stay in there for the long run.

What Do I Need To KnowTo Get To Other Side of the Bar - Constitutional Law (Cont.).

8. The Eighth Amendment: excessive bail & cruel & unusual punishment - both rarely seen on the bar examination, but not unheard of & will appear in a criminal law or criminal procedure question. For a long time there was a question whether the Eighth Amendment provisions regarding excessive bail was incorporated under the Fourteenth Amendment to the States. That question has been answered and cruel and unusual punishment is part of the incorporation doctrine.

When to use it? Anytime common sense dictates that the punishment does not meet the crime committed. And, do not be shy with the application of it. If you sense it, then include it. Since this is an area in which there is not much provided for you to follow, then common sense will dictate. It is not that big of a deal because it will not be the lead answer in any question.

9. Article IV (the Supremacy Clause); The Tenth Amendment (powers of Federalism). Both are rarely seen, but can come up when there is a question on the exam related to jurisdiction, conflict of laws, family law, or a federal courts' question. Just keep it simple. Federal laws dictate and if not an area controlled by the federal government, then it is relegated to the states (police powers govern states' health and welfare). A Federal statute and a state statute can co-exist even if both cover the same topic, but the state statute cannot conflict with the provisions of the federal statute. The state statute) can give what a Federal statute provides; it can even enhance it, but the state statute cannot directly or indirectly contravene that which the Federal statute says.

10. The Eleventh Amendment may be more popular in certain states than in others. rate stomach This amendment provides that a person may not sue a state. However, a person can sue the representatives of a state which is in a jurisdiction like Florida, for example.

How Many Times Do I Have To Tell You: The Answer Is In The Call of The Question; Utilize the Facts - You Are The New Super-Hero, "The Fact Finder."

I bring this up again, because I had it out with an examinee this past Sunday and I do not want you to forget this one ... .

Get into the question, guys, please. I want you to be on it. The following is a portion of a federal jurisdiction question. I have included the last two sentences and the three questions that follow.

Look at it carefully and determine the issues the from the call of the question. No, you do not need the entire fact pattern in order to make a decision on the issues. No, you do not. Look at the conjunctions and connector words (and, if, or, but, when, if any).

Their claims against the United States are based on the Federal Tort Claims Act, which provides that federal district courts have exclusive jurisdiction over tort claims against the United States government. Their claims against Motorist are based ont he tort law of State X, where the accident occurred.

1. Can Husband and Wife, as Plaintiffs, join their respective personal injury and loss-of consortium claims in a single action in the U.S. district court? Explain

2. Can Husband and Wife join their respective claims against the United States and Motorist as defendants, in a single action in the U.S. district court? Explain.

3. Does the U.S. district court have subject matter jurisdiction over the state law claims of Husband and Wife against Motorist? Explain.

Review:

1. You already know that you should read the call of the question before reading the fact pattern.

2. Read the last sentence in the fact pattern before moving to the call of the question.

3. Read the call of the question carefully - - with a fine tooth comb. You should read the question like a detective and know exactly what is asked of you. There is no reason why you should not be able to extract the issues from the question at this point. No quesiton is beyond your reach or ability to answer. NONE.

When you read the word, "AND" in the call of a question, remember to look to the right of "and" and to the left of "and." Then prepare an answer for the word or phrase on both sides of that word.

Do you understand that?

The word, "and" does not mean, one analysis in the sentence for one item. The word, "and," divides two separate thoughts, concerns, and answers. Provide an answer to both sides of the word.

I AM SCREAMING THIS ALOUD. This is not a trick.

Please. Please. Please. Please. Please.

4. Use the doggone facts. Use all of those facts to make your argument, and make the argument. I swear to you that the answer is in the facts. Leave a fact, LOSE A POINT. Stop dismissing facts as irrelevant. Don't skip 'em. Ninety percent of the facts are relevant. I think 100% of the facts help you understand the depth of the argument.

When you are taking a practice examination, and you have answered a question, cross out the facts, get rid of them. When you cannot find a place for a relevant fact, give the fact something to do in the fact pattern, even if you are not sure of the role. Give the fact a place while you are writing the test.

Don't wait until you've answered the question to "see" where the fact goes, or if it is relevant. The exam is today, every day, in every single question. The exam is not an after-the-fact situation.

5. Don't fall down on the question. The questions are made of 26 letters/alphabets put together to make up some mumbo-jumbo words. Attack the exam.

Sneak in there like a war hero and blast open the fact pattern. No fact is safe from you - because you are the new super-hero, known as - - "The Fact Finder."

Test Taker Beware: Do Not Wish The Time To Prepare For The Bar Examination Was Over.

I have run into test takers lately who have shown signs of battle scars. Worn, head held down low, tired, and thinking ahead about August and September. They are thinking about work, and they show the inevitable signs of "the wish factor." I saw an examinee and she kept saying, "I wish this exam was over." She wants the time for bar study to be over and done with and that the exam was upon them today, this Tuesday, and not next week, next Tuesday. There is so much that you can learn between now and next Tuesday. Do not rush it. I would rather you learn more now, than to try and learn more next Monday night (that can be one ugly night if you are forced to do it that way - - UGLY). So, be thankful for the next seven (7) days.

You need the last seven (7) days to get all of yourself together, okay.

You have to get yourself some shut-eye. You need these seven (7) days to either catch up on it a little, or to get more of it, or to skip a day of it, whatever your mindset is right now.

You need to get yourself a few extra dollars. If anyone is offering to pay for your lunch or dinner, or a little gas for your car, take the money. We will need it this week. The subway fare in the District of Columbia increased on June 27 and will do so again on August 1st. I imagine that our system is not the only one with an increase in fares, so take a subway card, too.

You need to get yourself an extra learning experience if you have to do so. I am holding a property refresher in estates in land/future interests for a student on Wednesday. I will be certain to explain the rule against perpetuities and its friends, contingent and vested remainders, then shifting and springing executory interests in a manner in which she will be able to grasp. I plan to discuss equitable servitudes, also. She will not leave without knowing how this all comes together, I promise myself that. We need (and wish for) a long, decent amount of time on Wednesday to explain this.

You need to get yourself packed up and ready to drive or fly wherever it is you are going. That process takes a long time when you are planning a vacation for some fun time. So we know what kind of time it takes if you are planning a not so "fun in the sun, trip" but a destination trip to the bar examination. You have to have the checklist rolling.

You need to get yourself together and remind yourself that the bar is not a drag. It is not a not. It can be an intense experience. It takes a good deal of focus. It is your lifeline to a new skills set. An opportunity to do some good for many people who don't have anyone to do good for them. In some cases, it will be an opportunity to do some not so good things. That is when we learn about our integrity and character. A post bar exam discussion.

You need to get yourself together and remind yourself why you came to law school, who supported you throughout this entire ordeal, and why you are still here. Slow your roll. Take your time. Chill. Whatever word you use to remind yourself to step back and take a break, then that is what you should do. There is a race that you are trying to win, sure, but you get a certain number of weeks to accomplish that for a reason. If it was believed that you should be able to do it in a shorter number of weeks, the exam would have started this today or last Tuesday and not next Tuesday. Count your blessings, or your karma, or your fingers, (whatever you believe in) and take the extra days accorded you to get this thing done.

Don't Rush It. What else can you learn? What essay can you write? What MBE section needs some polishing? How many MPTs have you written? Or, better yet, how many answers have you reviewed?

Take the days given; you have plenty to do. Some of your colleagues really need this time to catch up, to clean up, and ...

To get themselves together.

So, if you want to wish for something, wish for this - -

Wish that the time you have to prepare is just enough time to take & pass the actual exam.

What Do I Need To Know To Get To The Other Side of the Bar - Constitutional Law.

Signs and signals that the question is one that involves constitutional law.

a statute; the mention of a statute; a rule of a government organization; the policy of a government organization; a rule from a teacher or a coach of a school, even if the coach does not teach a class in the public school (it must be a public school); the rule a teacher or a coach announces in class or in practice in a classroom or on the field (even if the sporting event is away from the school or attached to the school); circumstances where a private organization uses a government entity to hold an event, whether one night, one month or one year school.

Essays:

1. Standing: that is the initial question to ask before answering a constitutional law question. Does the plaintiff have standing? Does he have a palpable injury; one that she herself can feel, personally. Standing includes mootness and ripeness, too. Is the claim that you want to bring moot because something that was a fact is no longer relevant to the claim or cause of action. Ripe means that something has not occurred yet to allow the person to file the case in court. It is not ripe because an injury has not occurred. Remember that a person can "stand-in" for another person, too, if the person is underage & it should be the parent, but it does not have to be.

2. Void for Vagueness: is the statute so vague that you cannot determine to whom it applies. You cannot put your fingers on what behavior the legislature seeks to prohibit and how it plans to do so, under the statute(eg., the persons regulated, the conduct prohibited, or the punishment imposed). Strike it as unconstitutional.

3. Overbreadth Doctrine: the statute is so broad it conflicts with another statute that allows the prohibited conduct (usually First Amendment language). Look for words like "all, any, or every" listed throughout the statute). If you cannot determine who is doing what to whom, or why or when, and for what purpose, then the legislature has passed legislation that is so broad that it cannot applied against anyone, especially if the language allows one thing, but also prohibits that action, as well. Note: of course, you will not necessarily see the allowing/prohibiting language in the same sentence or directly next to one another.

4. First Amendment: (a) Establishment Clause; (b) Freedom of Speech (public and commercial); (c) Freedom of Religion; (d) Freedom of Association.

Establishment Clause: look for government involvement in some religious undertaking, whether it is a non-profit church, synagogue, center (combined with an application to the government for funding where the religious organization seeks to place some kind of sign or symbol on the building to indicate the religious nature of the organization - - mixed with the non-profit status of the building). Can the government provide funding for the non-profit organization with the religious symbols? It depends on where the symbols are located and whether it looks like the government’s funding looks like an endorsement of religion.

Speech is a fundamental right and is subject to levels of scrutiny, but you will have to determine whether or not the speech is content neutral and also the time, place and manner restrictions on the speech. Don’t forget that a form of speech must convey a message, so it could actually include any manner of movement. Not to worry because if there is a question about speech, it will be easy to spot. It will be a statement, a slogan, flag burning, tee-shirt wearing, sign-holding form. It won’t be something like, “a protestor sneezed into her hand,” and by-the-way, that will be considered speech. You will be able to make a decision that it is speech without wincing and wonder if the conduct is speech.

Religion is a fundamental right, but it is also a suspect class. It too is subject to strict scrutiny. Remember that it is the government’s burden to prove that it had a compelling interest (reason) to stop the person exercising his or her right to do X under their religion and there was nothing else (no other avenue) that the government could have done short of restricting the religious practice, other than to create a law/rule/policy, etc., preventing the exercise of a religious practice. If you can find one reason (only one is necessary) to show that the government could have done “one” some thing different than to stop the religious practice, then the law/regulation/rule/policy is unconstitutional. All you need is one. Examples of a certain religious group who want to smoke a mind altering, illegal substance; persons of a religious group that work at company X, but will not work weekends on a job that requires weekend work because of a requirement of his or her religion that prohibits weekend work.

Freedom of Association (Freedom of Assembly) does not seem to appear on the exam (I have not seen it). But I imagine it comes up every now and again. Even if it doesn’t, you should know that it should be treated carefully. Apply a strict scrutiny because it is a fundamental right that you have the right to associate with other people. Look for “other people” doing things that would trigger a right to associate with other people. If the people have to breakup what they are doing, treat as a fundamental right, just like speech.

5. The Fourth Amendment: mostly a criminal law, related amendment that concerns privacy, and where Terry Stop and Arrest go hand-in-hand. Generally, the Fourth Amendment prevents unreasonable searches and seizures on a person’s, “person and effects” and in a person’s home (and a few other places). There is a reasonable expectation of privacy in these areas, and you had better give/convey that on an exam before you take that privacy away. Often, the situation that comes up is the police officer who seeks to search a person and seizes (finds or locates) some item on that person’s body. Warrantless searches are illegal, unless there is some other reason (an exception) that will allow the government to search you (PACE VII) - - Plain View, Automobile Search, Consent, Exigent Circumstances, Vehicular Search, Incident to Arrest, Inventory Search. © Copyright of Barbara V. Smith, Esq. & The American Bar Assn’s Council on Legal Education Opportunity. July 2010. Make 100% certain that you know the entire test for the each exception to the search warrant requirement. If you only know a portion of any one of the tests, the answer will be wrong and you will provide only a partial answer. You don’t want that because you could, at that time, only give a partial answer.

6. The Fifth Amendment: includes the Takings Clause, the privilege against self-incrimination, and also the due process clause (the government cannot take a person’s life, liberty or property without providing the person with due process of law). There is no Fifth Amendment adverse position question on the bar exam because adverse possession has nothing to do with the Fifth Amendment.

Takings Clause: if the government takes your property for its (the government’s) own use, then the government must pay you a price for property (it’s private property, and not public). If it is a deminimus (sic) taking the government will have to pay a deminimus (sic), which is spelled out in the United States constitution as, “just compensation.”

Self Incrimination: You are not required to take the stand and tell on yourself (or tell the court that you) did something wrong.

Due Process: government can not take your life, liberty or property without due process of law. The sentence explains it – the government must give you the process that is due to you before confining you, and preventing your movement from one place to another, or taking your property (property also includes any money).

7. The Sixth Amendment contains the confrontation clause (a defendant has the right to confront witnesses that will bear testimony against him or her). There is also a second Right to Counsel (person has a right to counsel after arrest and he or she is in a position to be interrogated by the police). The right to a speedy trial judged by your peers. Return to your commercial bar outline and make certain that you have a one or two word phrase that describes the rights under the Sixth Amendment. Many rights come up on law school exams, but could be duplicated on a bar exam. I cannot say unequivocally which jurisdictions test on which rights under the various amendments, but know the phrases and what kind of facts that could lead to a question.

The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Examination.

Your Dreams & Goals Should Be Lofty Enough To Sustain You Through The Bar Exam.

I was not as scared, as I was uncertain. But I knew that I knew the law.

Cold. Cryogenic Cold.

I went over to Howard Law School and found a room. A room with a blackboard where I wrote my entire outline on the board. Over and over --> again.

Then I spoke it. Aloud. Then I lay on the table to sleep.

Because I was not sure if someone would take my space.

Or, if I would have to share a room.

I found a hotel room alone. I studied alone. I sat outside of the hotel on the night before the exam. Alone. I bathed myself in the bar exam.

I had missed the mark on so many other tests before that I had promised myself that I was not going to lose on this one. Missed the mark does not mean that I did not study on other tests. Missed the mark meant that I did not know how to prepare and although I thought I did the best I could to prepare, I did not receive an "A." I did not start obtaining "A" grades in law school until I saw "A" papers.

I gained too much weight. I ate too many Popeye's biscuits and red beans and rice. I exercised too little. I was (and I emphasize, was) a smoker.

My greatest achievement in life is that I am not a smoker any longer.

Black lungs and biscuits aside - I was going to pass this bar exam.

Kim Kirkman, one of the very few people that had my heart, asked me to her wedding about 10 days before the exam. I vascillated about whether or not to go. I had played that, "try to work it out with other people to preserve the friendship thing," before.

I A-L-W-A-Y-S seemed to get the short end of that stick.

This time I stayed home. I haven't seen nor spoken to Kim Kirkman since the exam. I wish her and her family well. I don't feel guilty. Loved her then. Love her now.

Noticed that people talked more about taking the exam & less about preparing for it. Didn't want to be one of those people.

The Answers Came To Me Like It Was Nothing.

I remember the first four or five words I wrote were not that attractive, but I followed my plan, and then the words flew out of my mind, directly into my fingers.

I want to emphasize. I DID NOT SHOOT FROM THE HIP. I ORGANIZED, MADE A DECISION, THEN EXECUTED THE PLAN, LIKE SOMETHING OUT OF MISSION IMPOSSIBLE.

The first question was commercial paper and secured transactions. I wanted to stand up at my desk, and scream to the other 25 people from my school taking the test and say, "I know the answer."

We are going to be okay.


The Fifteen Factors - - The Re-Mix.

1. Remember, You Are An Applicant For A State Bar & Nothing More. Don't Ever Forget It. You want to get into the club; it is not the other way around. You have not arrived.

2. Say NO to Others, Via The Establishment Clause: Purposeful, Excessive, Entanglement. Stay out of other people's lives. Live your own. For now.

3. Test Early & Test Often - Test. Review. Outline. Get Up. Early. Everyday. Test.

4. Properly Assess & Tell The Truth To Yourself About Your Personal Learning Curve. So, It takes you six hours to learn what others comprehend in 90 minutes. And?

5. Use Textbook Answers As a Method To Create Your Answers on Particular Topics. Do not reinvent the wheel. If someone has said it and you like it, then write it.

6. Wear The Hat of The People That Write The Questions & Grade the Answers. What would you want to see on an exam & what kinds of questions would you include if you were giving the test?

7. Put Pressure On Yourself Because This Is Your Time, Money, Life & Self-Preservation. Cheer yourself on - few people will take time to tap into greatness. They will come to your aid when you have finished 85% of the journey & your worth is certain.

8. Identify & Recognize Categories of the Law & The Defenses For The Cause of Action. Know what areas of the law the fact pattern presents and match a defense and remedy with EVERY cause of action.

9. Recognize & Learn Various Subject Combinations That Appear On The Exam. Know thine enemy and the substantive law to which it is attached.

10. Find a Place to Study; Have a 24 Hour Buddy Or Realize You Are On Your Own. Get used to being alone, in a place that's your cubby hole. Find a friend. If no friend in figure form, don't fret. Walk by faith.

11. Failure To Use the Time Allotted To Adequately & Properly Outline The Substantive Law. There are 24 hours given each day. Time to study first; EVERYTHING ELSE IS SECONDARY.

12. You Are Not Depressed, Sad, Feel Like You Can't Do It, and You Will Not Change Your Mind At The Last Minute; It's Ten and One-Half Weeks. Some of you are going through some real stuff. I know you are. The rest of us are not. Stop pretending.

13. Write Answers That Are Forceful, Do Not Write Answers That Are Split Down The Middle & Indecisive. No lollipop answers. If you sit on the fence, I don't want to hear a word about how hard it is to balance yourself on such a thin railing.

14. Acknowledge the Depth & Structure of Essay Questions, Multiple-Choice Questions and the Multi-Performance Test. Three issues and three sub-issues. Pick the very best answer for the question. Follow the guide of the task memorandum.

15. Fight! Don't Back Down On A Question, Or, Exam, Overall, When The Jurisdiction Has A Reputation For Being A Tough or Hard Jurisdiction To Pass. You can answer any question; just collect yourself and calm down. Get the 4-1-1 on your jurisdiction. Do not allow its reputation to get to you. Come to the exam with your own reputation.

15. Fight! Don't Back Down On A Question, Or, Exam, Overall, When The Jurisdiction Has A Reputation For Being A Tough or Hard Jurisdiction To Pass.

The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Examination.

1. I review hundreds of bar exam questions each year. Most of the answers fall short in one area. The answers are not decisive or definitive. The answers are informational. The answers, "argue," and do not "decide." Bar exam questions are not designed for arguments, they are written so the the examinee can make a decision about who will win or who will lose.

Hit the Question Hard.

A. Red State's statute is unconstitutional because it violates the Commerce clause, the Establishment Clause and the First Amendment to the U.S. Constitution as incorporated under the 14th Amendment to the States.

B. John will sue Sally for negligence and he will win because she was the proximate cause of his injuries.

C. Francine has three rights: she will sue for breach of contract, file a motion for improper venue, and a motion to exclude the knife because it is Fruit of the poisonous tree under the Fourth Amendment. She will lose on the contract claim because Larry was excused from his condition because of impossibility, but she will win on the venue motion because the incident occurred in Essex County, not Fraidin County. She will win on the 4th Amendment claim because the police officer did not
have probable cause to arrest Natalie.

D. If you know from the facts and the law that the mother of Larry, Curly and Moe should get custody of the children, then you need to declare it. Lucille will obtain custody of L, C, and M because (add factors and facts that show it).

Don't wince, don't beg for an answer. Don't argue, either (informational). Yell it, scream it, shout it.

2. The second thing that I have noticed about many of the people taking the bar exam is that they still allow other situations to control their lives, and often allow the bar exam to be secondary to their work. People looking for jobs, inviting relatives to come to town, providing tours of the city, trying to work up through the last five or seven days of the exam, heading the family discussion on the family issue (I did not say involved, but the point person).

Let me remind you of something. You can be a bar examinee now, and a licensed attorney in a few months, or you can do all of the things that you think you need to do TODAY, and in November you can get prepared for the bar, and not Thanksgiving. You can get prepared to discuss the meaning behind the eight days of Chanukah, or you can burn time creating the study plan for the next 10 to 12 weeks. You can think about who you will spend time with on Xmas Eve, or you can prepare for the bar. You can open gifts on Xmas Day, or you can spend time pulling out your outlines for February. You can learn the seven days of Kwanzaa, or you can think about the seven hours you will have to study each day. You can waste New Year's Eve, New Year's Day and the three days after New Year's Day saying to yourself that you will get started studying on the first weekend in the New Year, or you can comfortably prepare for the New Year in the church of your choice, the party of your choice, the club of your choice, or the destination vacation of your choice. You can spend MLK's day reflecting or helping or doing something for your community or you can spend that time really working on the speech you will give your boss for the time you will need to take off from work. Finally, you can spend Valentine's day doing some fun stuff with a fun person for a really fun 24 hours, or you can spend it with some sucker card and wondering whether your really fun person is funning with someone else.

What are you going to do?

3. The test in this jurisdiction is hard. When the test is hard, you just need to get a harder skin. You need to investigate why California, New York, Texas, Virginia, etc., are considered hard bar exams. So what you have 12 essays to write and only 12 minutes per question. That means that you need to work harder quicker, and write more efficiently faster.

You should know the mechanics of the problem by now. If not, get up off your butt and find out what makes your jurisdiction tick.

4. Do not back down on a question or allow a question to follow you into the next question.

It is a question. If it is an MBE question and you have spent the necessary time trying to figure out what that answer is and you cannot, make a true, educated guess. Then move on. If you cannot determine what the essay question wants from you, look at all of the facts, gather them, and find an answer or series of answer where the conclusion is fair. Then return to the call of the question and ask yourself who the examiner wants to target and what the examiner wants answered.

If you blow a question (MBE, MEE, Essay, MPT, Short Answer, State Multiple Choice) don't take it with you to the next question. Do you hear me. Whatever happened in bad questionville, then let it stay there. You approach the next question like it is spanking brand new. Like you've never seen it. Like it is a stranger (that you'd like to get to know) on the street.

Don't get your head all caught up in making you think that you did something wrong. You handle that next question.

I am a Tupac Shakur fan, and maybe just a little more than most. These are two lines from a song I like. When I am having a hard time doing what I need to do, I think of people who are not where I am and may not ever have that chance.

"For those with ambition in their hearts."
"For those who want some, but don't take none."

Take This Exam.

Take Some.

14. Acknowledge the Depth & Structure of Essay Questions, Multiple-Choice Questions and the Multi-Performance Test.

The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Examination.

Those of us who have sat for the exam or those of us sitting for the exam, generally, do not think that the exam is actually easy. But I don't always believe that we think about the questions in the detail that we should. I am not certain that we give the questions the respect they deserve. We don't always appreciate the composition of the question.

In addition to not recognizing the "features" of a question, the other thing that we fail to do is embrace the law while preparing to answer the question and studying for the bar examination, overall. We are in a hurry to learn the law, or to think of some quick way to just get through the material. Why are you in such a hurry. Aren't you really interested in understanding the law? No, I don't mean that you have time to write a Ph.D. thesis on what makes the law the law, but don't you want to speak intellligently about your livelihood without fumbling all over the place and searching for an answer.

I do.

You should, too.

Let's Start With the MPT.

The MPT is instruction driven. You should follow the task memorandum to the letter in order to maximize the points. Read the instructions carefully. The instructions will tell you things that you should do and signal you to things that it does not want you to do. Follow it.

The File and The Library. Every document in the Library has a purpose. It is there for a reason. If there are two cases in the Library and four sections of a state statute in the Library, believe me - - you can find a reason to utilze all five (5) pieces. All five items can help to maximize your score. Err on the side of inclusion, not exclusion. Recognize that the bar examiner is not trying to fool you or trick you. When the instructions indicate that you have a strong case - - believe it. When you are told not to compute damages; Don't! When you are asked to lay out your case along with your authorities, that is a wake up call to apply (synthesize)the facts and the law. Do exactly what you are told to do at all times. Take each word literally.

Words are not just words on the bar examination.

The Essay question is instruction driven, too. There are many instructions in one question. When the examiners' ask, "Allen and Lenny are challenging the rules and policies of the Hockey club and want your advice." That means that you must give it to them - - > one plaintiff at a time.

Allen has his own cause of action. So does Lenny. A rule is different from a policy, but that does not mean that each are not actionable as government regulations. A law comes in many forms (constitutions, statutes, regulations, rules, policies, or statements). Find the rule and the policy in the question.

Be word sensitive when reading the call of the question. Look at the subject and the verb. Are they plural. I've said it before and I'll say it again, look at the connector words (and, or, if, but, any, all). Scrutinize the words.

The MBE is a Strategist's Dream. Four possible questions. Four possible answers. Have you ever noticed that the answer to the question is not too hot, or not too cold, but it is just right.

Have you ever taken a practice run with 50 or more MBE questions, then when in correction mode, automatically slow down? You should. You want to know exactly why you got 1-5 right and 6-9 wrong. If you rush, then you won't find it. Then you won't know it. Then you will get it wrong again. Then you will start hating the MBE.

And we can't let that happen.

The last two weeks allow for time to address deficits or problem areas. You are still not in a hurry. You may have to sacrifice a little more time, or cut one more thing out of your life, but it is worth it not to have to return to the infamous re-take road in February 2011.

Keep the reasons and goals for your life closer to you as we move into the last two weeks of the bar exam. We are almost in push mode.

Almost. Not quite.

Read carefully and continue to embrace the law.

13. Write Answers That Are Forceful, Do Not Write Answers That Are Split Down The Middle & Indecisive.

The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Exam.

I had a conversation with three students yesterday. Two of them are sitting for the New York Bar examination and the third person was sitting for the District of Columbia Bar examination. I learned that one of the three had just written her first essay on Thursday, July 8th. I was concerned, but I did not show it because fear doubled with fear equals fear to the fourth power. We cannot afford fourth power fear. If you just completed your first bar exam question on the 8th of July, or if you just completed your first essay examination minutes ago, then we are going to be happy, make the correction and move on so that we have time to answer as many questions as there are left days times five.

Now, for the post.

When you write an answer for the essay portion of the bar, write it like you mean it. You do not have to tell us that "Able" would argue A, B, or C. Make a decision at the beginning of your answer, near the call of the question? Didn't the call of question ask: What are Able's rights and remedies? And not, what are Able's arguments for his rights and remedies?

The facts are built into the question to determine if you know how to fact gather and make a decision for the person reading your answer. The answer is not a diaper, and the answer is not named, "depends." There is an answer. You know it. Say it. Scream it. Yell it.

Whatever you do, please do not sit on the fence and just string together facts for the audience.

Declare Your Answer.


Answer the Question.

Just the fact Ma'am. Use all of the facts, please! The facts are in the fact pattern because you cannot answer the question without them. You have to utilize the facts in order to prove up your answer.

If your answer is, "Suzy is liable to Bill for Negligence," then it is your job to scramble around and find all of the facts that fit into the duty category, that fit into breach, that fit into proximate and actual cause, and that fit into damages.

Do not stop until you find all of the facts that fit your answer. Cross them out one at a time if you have to. You will not have a fully formed answer without a well developed story consisting of the facts that create story.

Wherever there is a cause of action, there is a matching defense of some sort. If there is a defense there are more facts that must be used. Use them.

Tell the examiner why someone should win or lose; do not suggest. If you suggest, if you hold back, if you say it "depends," then the examiner is not certain whether you actually know the law that controls the question.

Think about it.

Sally will argue A, B, and C.

Jane will argue D, E, and F.

While the two women are arguing all of the time, which one of them will actually win the lawsuit?

If You Fail To Pick Someone, How Will the Grader Know If You Really Know the Law? Really? Anyone can write that Sally will argue a few things and that Jane will argue a few things. But an argument means absolutely nothing without a decision.

You must show the examiner that one set of facts outweighs another set of facts. How else do you come to a conclusion regarding the question.

Write Forcefully.

Do not Waiver.

Do Not Sit on The Fence.

Make A Decision.

String all of the facts together.

Usse all of the facts.

Tell a convincing story, and sound as lawyerly as you can (whatever that means).

Remember a Cause of Action has a Defense, OKAY!

Finally, Do Not Back Down From The Question.

Attack it. Hit It Hard.

Continue to Tell Yourself, I'm Not Going Down Re-Take Road.

Refuse to Lose.

12. You Are Not Depressed, Sad, Feel Like You Can't Do It, and You Will Not Change Your Mind At The Last Minute; It's Ten and One-Half Weeks.

The Fear Factors: Fifteen Reasons Why Applicants Fail The Bar Exam.

People "Depress" Themselves Out of & Away From The Bar Exam & Slowly Into A State of "I Can't Do This."

The President of BP Oil is Depressed; People Experiencing The Devastating Effects of Haiti Are Depressed; Parents Who Must File Amber Alerts On Behalf Of Their Children Are Depressed; Men and Women Who Are Fighting In a War Have The Right To Be Depressed; Fans of LeBron James Have About Fifteen Minutes To Be Depressed.

But You, You Are Not Depressed. You Don't Have The Right To Be Depressed. You Are Preparing For An Examination That Reflects What You Want To Do For A Living. It is ten-weeks long. You are not studying in a bunker with live ammunition flying over your head. Yeah, you have loans, but the loan people will never come to your home, pull out guns and ask you to step outside while they search you and your family for the loan money. Yes, you are tired, but you are not the kind of tired where your hospital bed has been thrown under a tree for the last two months and you have no family, little medication and "grain" for food. As a matter of fact, you are in a position such that when you complete this July Journey, you could be in a position to help the BP President, the Amber Alert Parents, the People of Haiti and Katrina, and the Men and Women and their families who are serving in an active war on behalf of the United States. Maybe (maybe!) you will also be in a position to help folk in Cleveland get beyond "The Decision."

Seriously, though. Think about what you have to say about how you feel over the next couple of weeks. Certainly, you have a bit of angst. Yes, at times you don't feel quite prepared. In the morning you feel brilliant, by lunch you have wondered how you made it out of the second grade. At dinner, you are hoping the MBE numbers move up a little higher, but you don't back out even if you are only getting 10% of the answers. You don't know what is going to happen on game day. Your essays you own. Your MPTs you own. Your MBEs you own. The good, the bad, the ugly. It is all yours.

Often we play with the word, depressed. Oh, I'm depressed. We do it in an attempt to feel sorry for ourselves. It is a way to have a pity party, a brief respite from what we are trying to do. But often it is not depression; it is lack of preparation. Yes, I said it. And because we don't think we have enough time to catch up, we find ourselves blaming ourselves and blaming others for our failure to do what we need to do to keep ourselves on track.

THIS IS NOT A BAD THING TO DO. What I think is most important is that you recognize it. Call it what it is. Give yourself some time to allow it to pour through your body. Put a stamp on it. Then ease your way, as soon as possible into the next stage. Action. You are not a child. You may be cute, but you are not that kind of cute anymore. People are not going to feel sorry for you.

It is not that kind of party.

Now, you may say that you feel sad. You may say that you are tired. I cannot prevent you from saying these things. Why? I'm human. I say things like this, too. I know, however, it is a temporary condition. Even if I am not 100% certain that it is a temporary condition, I do know that I am responsible for myself. At the end of the day, I am always certain of that, so just like I fool myself into believing that I am in a state of the blahs, I, too, can fool myself into believing that I can lick the feeling, too.

I will bring this up again, about three days before the exam, because that is when another person enters your body and starts to make some ridiculous suggestions. I won't have that.

Not now, and not then.

You will take this exam.

11. Failure To Use the Time Allotted To Adequately & Properly Outline The Substantive Law.

The Fear Factors: Fifteen Reasons Why Applicants Fail The bar Exam.

This post is one I usually prepare at the very beginning of the bar exam study period. I write it then, at that time, because so many of us decide, at the beginning of bar study, to waste more time than necessary congregating and catching up with friends. Instead, we could have used the first two weeks of bar preparation to outline three or four subjects, and have four less subjects under our belts and ready for review/memorization 14 days before the exam. It is no one's fault that we decide to stand outside of the commercial bar prep course to converse with one another. It is the human condition to want to interact with one another, especially after we split up after law school, and begin to hang out with our respective families for a few weeks after graduation. The next time we see one another is a few weeks later at the beginning of bar prep. It is natural that we want to catch up with each other and discuss our experiences.

Okay, now that we have caught up, don't let failure to outline catch up with you.

Outline in the evenings, please. That is the end of the day. You do not have to think. It is the task of reading, interpreting, writing in a manner that you will respond to, and also yawning a little more than you want. Since it is kind'a, sort'a boring, it will be a slow process. However, it will pay off at the end of your commercial bar course.

At the end of the commercial bar course, you want to have completed all of your outlines for the exam.

Yet, nine times out of ten that will not happen. It takes an inordinate amount of time to outline properly. And since it is so boring, we have a tendency to slow down, and then slow up.

Then we pack up.

You cannot do that.

Why?

1. The subjects you fail to outline will appear in the first three questions on the essay exam.

2. The subjects you fail to outline will force you to hurrily look inside of the commercial outline book for guidance. You will realize two things: (a) there is no guidance, and (b) there are no short-cuts.

3. No one else cares that you failed to outline, which means that no one will share their work with you. It is not like law school where you can show your belly-button, speak in that quiet, soft voice, and bat your eyes and get what you want. Or, flex your biceps, speak in your Don Juan voice, and flash your teeth.

The bar exam is another animal, and it is the great equalizer. And, if you are asking someone from law school that "knew how you were," during that time (whatever that means), you can hang it up. You are not going to gain anything from that person, and perhaps that person's cohorts. I'm sorry, but if you did some folk wrong when in law school, and you are in need of information during the bar exam period? - - Well, then you are going to be short.


People will "get you back" at this time. Yes, the time when you are hoping that no one wants to play games. Unfortunately, when caught between a rock and a hard spot, you are just going to be the spot. These are the rules of the game.

So, make sure you take care of yourself, alleviate that possibility, push yourself through the work, and get those outlines done.

I like Friday evenings (6:00 p.m. until 11:00 p.m.), or Sunday afternoon (3:00 p.m. until 8:00 p.m.) as great outlining sessions. Notice that each session is only five (5) hours. I wrote that timetable for you.

If I am taking the exam, I am closing with the library, and I know the guards so well at that point, that they will actually give me an additional 20 minutes. I know; it doesn't sound like a lot, but it is. You get to pack up at the exact second the library closes. Then you have an additional 20 minutes to leave. Everyone else left 20 to 30 minutes earlier, because when the person came by to announce that the library is closing, most folk just packed it on in at that very second.

Set goals for yourself. How many pages will you outline in an hour? What is your goal for the day? Thirty pages?

You will have to push yourself. Hard. The reward is finishing the outline and having it ready, in your hands 10 to 14 days before the exam.

Here is a little bad news. You may not finish your outlines within the 14 day period before the bar exam.

You know what you do then? You continue your journey through outline world. You do not stop. You do not look back. You do not wonder if you will be able to make it.

You will make it. You can make it. You must make it.

There is no other alternative, okay?

I want you to promise me that you will have an official push day on Friday, or Sunday. That is the day you push very hard for as long as necessary to complete some substantive portion of your outline.

Promise me that and I promise you that studying from the outlines will make you feel more than ready to tackle the exam.

Remember, it may be tight, but you can break through this. You need those outlines.

Promise.