Monday, January 4, 2010

The New Phone Books Are Here! The New Phone Books Are Here!

Actually, the July 2009 released answers are, uh, ...   released.


Anonymous said...

The bar should really release some more realistic answers - or at least reveal the scores of the answers released. Seriously, the answer to question one is about fifteen pages long. Fifteen pages in an hour sounds superhuman to me.

Anonymous said...

No effing joke. I am depressed as hell after reading those. WTH.

Anonymous said...

The State Bar of California releases model answers that have earned a grade of 85/80/75 ONLY.

Statistics show that only 4 to 5 percent of all answers will earn such a high grade.

Model answers will generally be of the type where each and every issue has been spotted, an appropriate rule of law is stated in full, a complete analysis is provided that links the the rule to the pertinent facts and lastly a conclusion is stated.

No exam taker needs to write a model anser to pass the exam. Just about anyone who can be consistent in writing a 70/65/60 answer on each and every question, can and will pass the essay portion of the exam.

The best method to use in doing so is the following:

1) 1-2 lines for stating the issue.
2) 2-4 lines for clearly introducing the applicable rule of law.
3) 4-8 lines to conduct a comprehensive analysis.
4) 1-2 lines to state a conclusion.

In summary each and every issue on the exam should be given between 8 and 16 lines. If you are writing and single spacing that should come out to one full page per issue. if you are typing it should just about come out to one half page per issue.

After all, this is the least that a compotent applicant should be able to do, to earn their license to practice law.

Good luck in February.

Anonymous said...

I passed and my essays don't look anything like those. Further, they were filled with "teh," and becuase." I agree with the above comment, in that the majority of the essays that pass are right at that 65 or 70. That's why I feel the key to passing the bar is staying afloat on the essay, doing about average on the MBE, and then just crushing the Performance Tests. Getting an 80 on a PT is not that difficult if you put in the time and practice outlining them.

Brook Davis said...

The model PT answers stand out to me as BarBri products for sure, and although not my answers they could easily be mine from July.

My essays did include every issue discussed in the model answers, although I did not reach the same conclusions that the authors of the model answers reached in every instance.

I was able to recognize nearly every issue on the July essays from past bar questions, thanks to BarBri's EssayAdvantage course, and smarter practice in writing the essays.

Just my humble (but bar passing) opinion ....

Anonymous said...

February 2009 essay predictions

1. Contracts
2. Property
3. PR
4. Wills/Community Property cross
5. Cal Civ Pro/ Remedies cross
6. Business Organizations/Torts cross

Anonymous said...

Nobody told me it was 2010 already....

Anonymous said...

Does anyone know where we can find the July 2009 results broken down by school? Have they been released yet?

Anonymous said...
This comment has been removed by a blog administrator.
The Grand Poobah said...

CAAL: Get a life.

Jeff Bridges said...

who is CAAL?

Anonymous said...



The Grand Poobah said...

CAAL is a used car salesman who places bizarre ads on late night TV urging people to go see him.

Okay, seriously, CAAL apears to be a chronically unhappy person who has passed the bar exam but spends his(?) spare time lurking on blogs such as mine for the sole purpose of discouraging people who are working to pass the bar exam.

I refer to CAAL as a 'him' because I can't imagine a woman being that angry and bitter. He might be gay though. Some gay men can be moody at least once a month (more like every 28 days). (;-)>

The challenge with people like CAAL is that they see things in stark black and white only. They don't imagine that some people might have challenges they aren't aware of.

But I could be wrong.

Anyway, he used to disparage me on a regular basis about a year ago. It appears he's unemployed again and needs something to do. Given the state of the economy, he could be around for a while.

Anonymous said...

I got burned on the questions that asked for a comparison between ca and fre/abamr rules-- does anyone know where I can get concise, accurate outlines comparing the two, or am I doomed to trudge through 40-80 page outlines? Yikes? Of course, I am willing to pay, but just can't find them. Thanks in advance for any insight.

Brook Davis said...

The BarBri Convisor Mini Review contains ALL the law you need for the Ca Bar. More than you need really. Including the State/Fed distinctions. Used copies run around $300 and up. Buy it from BarBri for $500.

Anonymous said...

re anon 823 PM

Get Adachi "Bar Exam Survival Kit.” Has maj tstd diffs bet CA+model/Fed. Below are CBX-tested diffs. assumes U know Mod/Fed rules. Here's 2 posts, w/ 1st on EVID

1. ANCIENT WRITG - CA reqs 30yrs
2. CA -No Dead Man Act
3. Witness UNAVAILAB - CA, lack of mem or refusal to testify NOT grounds
4. Offer to PAY MED EXP - CA excludes BOTH admis + offer to pay
5. CHAR - CA D can intro specific act evid to prove character,in addt to rep
6. IMPEACHMENT - in crim case, CA permits any misdem conviction involving moral turpitude
7. PHYS-PAT priv - CA extends priv to psycho-patient. CA priv NOT apply IF disclosure neces to protect patient from being danger to self/others, OR if pat under 16 + disclosure in best interest of child
8. PRIV, gen - CA allows priv hldr to stop eavesdropper from revealing confid info
9. DYING DEC - in CA, decl MUST be dead
10. SENSE - CA admits contemp stmnts made to explain, qualify, or understand what decl is doing when stmnt made
11. PRIOR Tstmny - CA allows any prior incon stmnt as substantive evid of its truth. CA allows admis of any P.I.S. for impeachment
12: PHYSICAL State - CA admits stmts of past bodily conditions made to anyone
13: IDENTIFICATION - in add to FRE, CA also requires a) stmt made while event fresh in W's memory, + b) W must testify as to prior ident + confirm that it was his opinion when made

Anonymous said...

re anon 823 PM

Get Adachi "Bar Exam Survival Kit.” Has maj tstd diffs bet CA+model/Fed. Below are CBX-tested diffs. assumes U know Mod/Fed rules. Here's 2nd post, w/ CIV PRO & PR

1. CLIENT COMM - CA reqs atty prompt inform client of any writn settlemnt offer
2. CONFIDENCES - CA extends A-C priv to any crime unless likely to result in death/bodily injury
3. FORMER Clients - CA prohibs atty if substant partic in prosecuting crim case from later partic in defense of same case
4. WITHDRAWAL - CA reqs w/drwl where client brings action w/o prob cause + for purp of harass/malicious injurng any person. ALSO in CA, atty must w/drwl if a) client insists on pressing claim/defense not warranted under law + not supptd by good faith argument, b) client involved in illegal conduct, c) client insists atty violate ethics rules, d) client breaks promise to atty re expenses/fees, e) client uncooperative, + f) inability to work w/ co-counsel indicates client's best interest served by w/drwl
5. CONTINGENCY - CA allows in crim + domestic relations cases, BUT fee must not encourage marital split
6. REFERRAL FEES +/or SPLITS w/ outside counsel - CA allows referral fee IF client writn consent, K not unconscionable, + fee not increased due to ref fee. CA allows split w/ outside counsel IF client consent aft full disclosure + fee not increased due to split
7. CLIENT PERJURY - in CA, if atty not permitted to w/draw, client testifies in narrative form + atty may not rely on perjurious parts of testimony in arguing case before jury
8. FAIRNESS - atty in CA cannot threaten criminal, administrative or disciplinary charges to obtain advantage in civil case. + atty in CA cannot suppress or tamper w/ or falsify evid

1. CA Choice of Law - Fed Ct sitting in CA must apply CA law, which looks to each state's interest in apply its laws to the case + whether, in a K action, there is clause setting forth which state's laws apply
2. SMJ in CA state ct - a) limited = less 25k, b) unlimited 25k+, c) small claims at 7500. also, case filed in wrong ct may be re-classified w/out ct losing SMJ
3. VENUE - proper in any county. If claim could have arisen anywhere, venue proper where D resides when action brought. In K action, venue proper where K agreed to or to be performed. in P.I. tort action, proper in county where injury occurred
4. PLEADING - Fed follows NOTICE, CA follows FACT pleading
5. AMENDMENT -CA allows amdmt to correct name error if new D closely related company. Also, CA allows 'John Doe' Ds + P later replace w/ true name if orig complaint filed on time + includes charges against unknown Ds and P does not know Ds ident at time of filing
6. INTERVENTION - CA STRICT Rule -Intervenor must have direct interest in success of party
7. JURY TRIAL - CA relation back date = 1850. CA reqs 12 jurors UNLESS P+D consent otherwise + 3/4ths jurors agree
8. RES JUDICATA - jdgmt NOT final in CA until AFTER APPEAL concluded

Brook Davis said...

The Adachi Survival Kit book is ONLY valuable if you KNOW the law well - its not a law outline its an issue checklist with a very summarized bullet point list of the elements. Its NOT enough to help you understand the law and conceptualize your facts into the lawyer-like analysis the bar is looking for.

In my humble (but passed) opinion.

Anonymous said...

any suggestions on how many mbe's per day one should be practicing at this point before the bar? and when does one stop?

Good luck poobah! am taking the bar for the 3rd time...something tells me this time we'll pass!!

Anonymous said...

Hey, Brook Davis, read his question.

He wasn't looking for "40-80 page outlines" but instead wanted "concise, accurate outlines comparing the two." Adachi 'Survival Kit' gives him/her exactly that ... and it's 10% the cost of Conviser.

BTW, I passed, too ... using Adachi, but not Conviser. He/she & G.P. can/will, too!

Anonymous said...

again, any suggestions on how many mbe's per day one should be practicing at this point before the bar? and when does one stop--a week before the bar? or should one do mbe's right upto the bar feb22. and how many per day?

Anonymous said...

To Anonymous January 15, 2010 7:55 PM:

That has to be one of the STUPIDEST questions asked on this blog since its inception.

I cann see why this is your third time taking the bar exam. Keep asking these kind of questions and you shall be catching up to GP in no time.

There is no magic number to your question asked.

Some individuals can do as little as 200 questions and pass that portion of the exam and others can do in the thousands and keep on failing that portion of the exam.

Important thing for you to realize is this: 1)there are no tricks to the MBE exam, you just have to know the nuances of the law like the back of your hand, 2)you must be able to perfect your reading comprehension and your focus, in order to get through the two 3 hour sessions.

If either of the above two is lacking in your preparation, well than, it will be lights out for you come February 2010.

Hope that you get the hint and stop asking the same stupid question over and over again.

Anonymous said...

THANKS SO MUCH for the comparison information!

Anonymous said...

To Anon 11:03 PM

At the very least do the following before the exam and most importantly take your time in doing so:

1) Issue spot at least 12 exams per subject matter (15 total subjects)

2) Completely wrire out 1 exam per subject matter (15 total subjects)

3) Answer at the very least 400 MBE's (correct the ones you missed slowly for understanding)

4) Write out completely 4 performance tests.

If you take your time in doing all of the above and you focus 100% in doing so, you shall be fine on your 3rd attempt.

Good luck in February.

Anonymous said...

to Anonym, Jan 16th
THANK YOU for the more constructive response. my query was based on hearing that bar reviews say you have to do a minimum of 100 mbe per day and I'm finding it hard to do this while working..
thank you for the rough outline on what I should be doing--gives me confidence I am on the right track.

as for Anonym--commenting on my "stupidness" my sympathies to you for being so rudely judgmental.

The Grand Poobah said...

Anon 6:39: My apologies. I intended to answer your question right after I read it the first time, but I didn't get around to it. If I had, the unpleasantness could have been avoided. But then, if I had, you also would not have received the good advice from Anon 12:35. It all balances out, I suppose.

I was going to offer that you might want to shoot for 33 MBEs per day. You could do fewer, but don't do more. If you take your time, and research the ones you missed, this should take two to three hours. It'll go faster as you get better.

Personally, I do three or four at a time and review the ones I missed right away while the fact pattern is still fresh in my mind. If I run across a particularly troublesome one I'll check my outline before I pick an answer. Settling on an answer tends to cement that answer in my head so I want to do my best to get it right before I commit to it.


Anonymous said...

thank you GP! no each his own....

Keep at it! Don't let the weather slow you down : )

Anonymous said...

GP, being a CA bar passer who went through the experience, I understand how hard it can be and how you have failed it a few times. I urge you though, and I wrote this a year or so ago, to stop outlining (or cut down your outlining) your answers before writing them on the actually exam. If at this point you cannot read a fact pattern and just start writing based on feel and your knowledge you will never pass. People comment on how long model answers are...well these are people like myself who are able to read a question and react in writing a response, that is all it takes. They do not post model answers for people that fail the bar, so obviously these people did fine on the other essays in the alloted time as well. I have no doubt you are a smart person and will be a fine lawyer but you really need to adjust the way you are thinking about your essays and performance based on the scores you have received when most smart people "figure it out" and pass the bar exam on the first try. There is no arguing that, look at the school pass rate breakdowns.

Anonymous said...

-->most smart people "figure it out" and pass the bar exam on the first try.

In California, I couldn't disagree more with that comment. I had trouble with CA, and when the economy imploded, I decided to go closer to home, FL, and beat the hell out of it. Got a 161 on the MBE too. The CA bar isn't just about smarts, its a bit about placement. Poobah's a bit screwed b/c he went to unaccredited school, which is a different set of graders than Stanford gets or even an out of state school like Columbia. The CA bar is not balanced.

Anonymous said...

GP, After getting previous exam results, it appears you pick up right away and start studying again. Are you trying new study techniques or just repeating the same method(s) you used before?

After following your blog for a couple years, I would gander an educated guess that you would probably benefit most from a tutor that focuses on writing, not black letter.

There are private tutors out there that are very inexpensive and teach out of altruism.

I know it hurts to hear (and I don't mean to offend you) but whatever you have been doing does NOT work. At this point, you will not benefit from any bar course unless you are willing to listen to someone else. Put your complete trust in them, don't question them, follow directions and give no excuses for being unable to dedicate the time you need to get this done and over with.

IMHO, I think you would benefit tremendously from this type of tutor mainly because you are very stubborn as is fairly common with older students on their way to a 2nd career such as yourself.

They think, "I've made a living on career #1 for X years. Damn it, I'm responsible and I did it myself. Why should I listen to you?"

Think about it, GP.

I wish you the best of luck.

Anonymous said...

To anon January 26, 2010 7:52 AM

So which such tutor(s) do you suggest?