Saturday, August 8, 2009

Tuesday's Essay Subjects were ...

... Professional Responsibility with a misbehaving prosecutor, they asked for ABA and CA rules; Torts with malicious prosecution and probably a PR tail regarding the attorney; and Evidence with California rules only. I'm going to have to sit down and gather my thoughts on the actual fact patterns because I've put them so far out of my mind by now it's going to take a little focused concentration to recall everything.

Regarding the question in the comments on my previous post regarding how to start a solo practice, the ABA has a solo practitioner listserv that has a wealth of information on going it alone. It's populated primarily by sole practitioners who are happy and willing to give advice and share tips. And it's free. I think the LACBA has something similar.


Anonymous said...

Q 1: girl has a kidney business and k to deliver a kidney. Dude with a gas truck slips on oil patch. Causes two hour delay on bridge. Girl sues under strict liability

she wants to sue just because it will run dude out if business.

Q 2: movie star guy Was sued for battery. His lawyer makes a statement to press saying the prosecutor is prosecuting the case soley for personal reasons.

Prosecutor learns of exculpatory evidence from the butler and doesn't disclose.

Even though there are no witnesses, not even the victim, P institutes action without probable cause. Should be noted even though question asked for California and aba distinctions, there were none (as far as I could see)

q3: completely botched it and thus purged it from my memory. Id give myself a 50 to 55 on this question. I remember the only notable distinctions were dying declaration, statement about past medical condition, and...I think that was it.

Anonymous said...

Hey GP,

I'm also a repeat taker who took the bar in July in Ontario with you. Do you find yourself dreaming about taking essays? I can't get this !@#$% exam out of my head!

I remember essay one. The first question was about whether the court properly granted defendant's motion to dismiss on the plaintiff's ultrahazardous activity claim. I argued that it was properly granted because the type of harm suffered (pecuniary) is not the type protected against by this claim (only personal injury or property damages). Also, the harm was not foreseeable, i.e., transporting gasoline can result in explosions, fires, burns, death, destruction of property...not loss of money as a result of sitting in traffic. Plaintiff only peciniary loss for failure to deliver a viable organ to a hospital (don't ask how I remember this--I feel good purging my brains of these memories).

The second question was about whether D had a cause of action for malicious prosecution against P. He sure did. Malicious prosecution can be used civilly as well as criminally. I mentioned compensatory and punitive damages and called it an essay.

I think this was my best essay, we'll see. I'll post more memories as they become available. lol.


Jonathan L. Kramer, Esq. said...

RR: Having 'bar dreams' is normal. You've been so keyed up for the exam that your mind won't just shut down so quickly. Not to worry, your conscious mind will play with "why didn't I..." games with you during your waking hours, and your unconscious mind will zing you the rest of the time.

Take a breather... All of you will be happier.

Brian: Yes, the LA County Bar does have a small/solo list serve.


Anonymous said...

Hi all,

Have any of you that frequent this site:

1) Taken Barbri in preparation for your February 2009 CA bar exam,

2) Passed it, and

3) Are not in need of your Conviser book

Please, if that is you let me know.


Anonymous said...

Anon 1:23
1. Yes
2. Yes
3. Sorry, sold it on eBay the day I found out I passed. Check there, you can get them for a scream of a deal.

Anonymous said...

I've got NY & MA BarBri materials if anybody knows anybody that is in need of them.

Anonymous said...

I know someone who needs NY & MA barbri materials. Can you please email me at


Anonymous said...

Hi all,

I am about THIRTY ONE days away, from experiencing FINANCIAL ARMAGEDON as I would call it...

Can anyone tip me off as to anyone that is hiring in the ORANGE COUNTY area...

I am willing to do ANY JOB to make some money right now, especially while I am like evryone else waiting for the results of my THIRD attempt at the CA exam...

If anyone can reach out and help, thank you in advance...

Anonymous said...


I just found your blog. You have my sincere best wishes for November 20. Which online school did you use to get your JD? Mine was Concord.

The issues that you list from the July 2009 exam seem more or less what I saw. I used Scott Pearce ( as a guide to writing essays. His approach emphasizes finding a home for all the facts. (I guess they all do but I never used any other system so I don't know.) So I listed issues, wrote in the facts relevant to those issues, and then argued the law. Easy to do on a laptop. I have no idea if I passed. This is my first time. I do not know what I would do differently next time and that bothers me greatly.

Did you feel you changed anything between the Feb 2009 and July 2009 exams. I mean, were you conscious of writing or organizing differently than you did on the previous exams?

btw - I felt that the cop did have probable cause for a vehicle search, between the erratic (intoxicated?) driving and the suspicious movement and rearrangement of objects in the car. I guess that's why they say the conclusion is not important.


Anonymous said...

state bar has now posted the july 09 questions w/o answers if anyone is interested.

Anonymous said...

Online, correspondence, and non-ABA approved law schools should all be banned.