Tuesday, July 28, 2009

Arghhhh!

I sure hope I was just getting warmed up today because I sure felt slow out of the gate. The issues on the essays seemed familiar, but they also seemed odd. Why is it that they always try to push us off balance? Oh yeah, I remember now ...

I made an effort to keep my wild-issue analysis to a minimum, but, as a result, I feel like I gave everything short shrift. I don't know if that's a good thing or not. On bar exams past, I've usually felt like I covered all the possible bases, but then I got low scores. This time, I kept my wanderlust in check and stayed on what I perceived to be the beaten path. At least, I did until I got to that Evidence essay. Crimony, that was a racehorse.

Was it just me, or were there not so many California distinctions on today's essays? I know the PR essay asked to answer according to California rules (didn't it?) but I didn't see many differences in the way the issues played out. And on the Evidence essay, same thing. I saw few differences between the results if the federal or California rules applied. Or, maybe it was just that I didn't think federal because they asked California.

Blah ...

And that PT was ... tough for me to wrap my brain around.

Usually as time starts to pass you hear people getting up to speed on their keyboards as they build their outline and start to flesh out their answer. This usually starts at about the 30-minute mark and by the time the first hour is gone everyone is pecking away furiously. Not today.

I forgot to put my earplugs in at the start and I didn't think about it until almost 60 minutes had gone by. I remember thinking to myself, "Geez, it's awfully quiet in here." Then at 90 minutes, same thing. Shortly after that was when it started to get noisy. Funny thing was, I wasn't typing either. I had such a difficult time trying to figure out what it was they wanted. I finally got a grip with about 75 minutes left and spent the rest of the time typing furiously.

I think I built a complete answer, but it was thin in parts. Especially towards the end.

But I got my conclusion in there. (;-)>

At least I can relax a bit tomorrow. Me and the MBEs, we're good friends.

37 comments:

abbagirl said...

i'm in the same boat. still trying to figure out how to write the essays. when i first started trying to pass the calbar, i gave my essays the diarrhea effect -- i just tried to spit out all i knew while only semi-trying to be organized.

then in more recent exams, i tried to rein in my writing and just write clearly and adhere to IRAC as much as possible. no creativity, no writers' workshop -- just IRAC-ed it.

neither of those methods worked for me.

i hope i found a happy medium this time around.

and yes, that MPT was hard. i usually have no problems with MPTs. but it took me a while to find my momentum with this one. i barely finished on time. whereas i didn't finish the evidence one. :-P

on to day 2. good luck!

--abbagirl

Anonymous said...

keep pushing...you never really know. The hardest thing about the first day is making sure it doesnt mess up your focus for the remaining two.

Anonymous said...

everyone i have spoken to is on the same boat with the PT....let's move on and remember that it's hard for everyone. there is still 2/3 of the exam left!! we can do it

Anonymous said...

Guys, should I be worried that I wrote crap rules for PR. I actually thought the PT test was hard because of the fact pattern. Boring, but I had a eureka moment 45 minutes in and was pretty sure I got all the issues.

Anonymous said...

Grand Poobah You are seriously my hero dude. Please do not ever give up. I pray you pass it this go around. You're obviously a good writer ...it is happening for you this time. Let's hope you are in class all by yourself at the top! I am in that boat with you!

Anonymous said...

What got tested? PR, Evidence (Transcript), ?

Anonymous said...

You are truly an inspiration...GO POOBAH GO!!!!

The Grand Poobah said...

Anon 10:14: Professional Responsibility, with a Prosecutor doing fishy things, I think it said to show ABA and CA rules; Evidence, that started out like a Civ Pro question with P & D getting into and accident and P sues D in California state court, California rules only; and a Torts question that asked about (IIRC) 'dismissing' the case after judgment and blatant malicious prosecution (which makes me think I must have missed something).

Anonymous said...

Go to sleep, Poobah. Tomorrow is a new day--MBE (and it's your forte). Catch some Zs so you can squeeze every possible point out of that MBE!

xoxo Your cheering section...

The Grand Poobah said...

Anon 10:17: Thanks, I just hope I don't end up being the wrong kind of inspiration. But I know what you mean and I thank you for that. Everyone else, too.

Anonymous said...

Be sure to eat breakfast, nothing ruins your concentration like a growling stomach. And bring some energy bars for the break.

Anonymous said...

sounds like the torts question needed negligence/abuse of process/malicious prosecution..interesting...

Anonymous said...

What are the elements for malicious prosecution?

Anonymous said...

Good luck, GP.

Anonymous said...

Maybe you will be better off not blogging until you're done with the exam.

Anyone that says they got every issue surely fails. The person that walks out thinking I did what I can but I have no idea what I did passes.

I've passed so I can speak.

The Grand Poobah said...

Anon 7:16: Good point. It's been made here before.

What else would you have me spend my break time on? Different strokes for different folks.

Whether I pass or fail, this blog will be the tiniest reason for that result. There are many things with much greater import that are affecting my life.

Congrats on passing!

Anonymous said...

GP - I've been following your blog since I took, and failed, the CA Bar in July 2007. I passed the following February, but have made it a point of checking on you after each administration. May this be the last, for you, and so many others out there. Best of luck to you, and all, and may you see these sweet words, soon:

"The name above appears on the pass list for the July 2009 California Bar"

Anonymous said...

I passed the Feb 09 CBX. It took me several times before I did, which was very humbling for an overachiever like me.

Reading these posts brings back all the anxiety, fear, and UNCERTAINTY that accompanies taking the Bar. I am glad it's finally over, so much so that I drove through the Ont Conv Ctr parking lot yesterday just to see and feel where I was, look at all the anxious applicants, and relish all the more where I am now.

To all those here who haven't yet passed: Don't give up. Once you do, it won't matter one bit how many times you took it or what your scores were. You will have the pleasure of NEVER knowing what they were.

GOOD LUCK, ALL.

Anonymous said...

FOR THE LOVE OF GOD AND ALL THINGS THAT ARE HOLY STOP POSTING DURING THE EXAM DAYS!!!

(ahem, what I mean to say is...good luck!)

Anonymous said...

2 out of 3 ain't bad!

Nah,
in California it ain't good enough.

Eat your dinner, forget about the first two days for good,

Do a short review for tomorrow of the untested subjects,

and GP,
Come out firing on day 3,
Hunting for BEAR!

Day 3 is always the day where fatigue takes over.

Best success - Be the MAN!

Anonymous said...

What was the essay with malicious prosecution on the first day? Was that torts? Some strange Civ Pro with a tort cross over?

Do you guys think Civ Pro is fair game for day 3? How about more torts?

Obviously PR and Evidence are done, but I can't figure out what the heck that other question was.

decline to state said...

Grand Poobah, I'm glad to see you're fighting the good fight. Just need to vent somewhere and see if anybody else encountered what I saw today. Now, I've been to through this dog and pony show more times than I'm willing to admit (or remember), but what the %$*@! was that Fair Housing Act question?? Won't go on any further out of fear of the NCBE police, but must say that they were reaching a LOT with that one. WTF?

Anonymous said...

Wow, I really don't miss sitting for the bar. God bless you for having the courage, Neighbor. Of course, when I passed, I was SURE I had failed as of the morning of the first day b/c of the earthquake and the essay from hell based on executive powers.

I am and have always been right next to you (in spirit at least!) and am praying for you. You will accomplish such great things, and will be the kind of lawyer the profession can be proud of.

Go get 'em, Neighbor!!!

Anonymous said...

All my strenght for you guys.

I took it twice and failed, then I returned to NY. God knows, maybe sunny California is not meant for me.

Anonymous said...

Fair Housing Act, obviously if it's on the MBE it's a ConLaw question. You need to stop looking back and move on towards tomorrow!

Good luck to all, and particularly to the repeaters. I know the hell of this exam.

Anonymous said...

from what the commenters are saying about the torts essay, defamation/privacy torts and related privileges/immunities are the main potential issues that seem to jump out that nobody is talking about. thankfully i'm already an attorney and don't have to suffer through this beast ever again (once was more than enough...). best of luck to all of you in this grueling process!

Anonymous said...

yeah...fair housing act seems like it could only realistically implicate commerce clause and 13th & 14th amendment remedial powers clauses questions.

Anonymous said...

GP-
We with you, and all of you really

Now go forward with passion,
loaded for bear,

but with a cool intensity, gentle kindness,
and
it will b smooth sailin'

Cheers

Anonymous said...

WTF ...I have no words

Anonymous said...

GP,

When I passed, I told my significant other at the end of Day One: "There's good news and bad news. I think I can pass this thing . . . the next time around." I feel good about this time for you, PB.

Anonymous said...

I just wanted to let you know, I drank a beer every single one of the nights of the Bar in your honor. I will continue to do so until you pass. For the good of my liver, please pass this time.

Anonymous said...

So how was it for you guys? No comments yet?

James said...

any relief now that it's over? i never felt any better after the exam, but maybe you guys are having a different experience. personally, i felt about the same, but with brain drain.

Anonymous said...

don't feel realy relieved until 11/20- it is not over until then, right?
so I could not clap as everyone else at the end of last session...

anyway, good luck everyone

should we share little bit of our prep experience the sources we used?

Midwesterner in D.C. said...

Congrats on finishing!

Now, hopefully the CA bar examiners will end your torture!

Good luck.

Anonymous said...

I have been following your blog and I want to commend you. I, too, am a repeater and just took it again. Its been quite a few times already but I won't give up. I saw in the same row as you last time and I so wanted to say hello but the whole situation and sitting there was horrid (as you know all know!) You are an inspiration to all of us! We are all rooting for you and hopefully we can all be on that list in November.
That # 4 was INSANE! Come on! How many different subjects are they doing cross overs with now?!?!??! Wow! Does anyone know if call # 2 to essay # 4 had to be based upon CA law?!?!? This has been making me nervous all morning.

The Grand Poobah said...

Anon 7:25: Thanks. I think it wouldn't have been improper to add something about how CA adheres to the minority Primary Rights doctrine. I kept thinking I should have brought it up and dismissed it with one line. But if I recall correctly, he was asserting the same right as before, and there was only the single equity claim; no one was asking for damages. Of course, in the fog of war, it's likely I missed something. I do know that the PR issue was ABA or CA.

blah.