Wednesday, December 12, 2012

Bar Exam Post Mortem (Complete!)



Okay, here are my ramblings on the July 2012 Bar Exam.  Much of this stuff is repeated from the personal emails I sent to those with whom I corresponded personally, but much of it was edited for a general audience. 

On studying while working ....

As far as apportioning time between work and studies, I just played it by ear.  I work for myself so I had a certain amount of flexibility in the type and amount of work I would accept.  In preparing for the February 2012 exam I took massive amounts of time to study between December 1st and the exam.  I felt like I really needed to renew my knowledge and comfort level with the material.  For the July 2012 exam I spent the vast majority of my time on work.  My priority at that time was to make money.  Besides, I was extremely disgusted with myself for having failed the February exam.  I think, however, that worked in my favor.  When I did take time to study, I focused on my weak areas (writing!) and pretty much ignored the MBEs. 

On the changes I made to my writing style for the July 2012 exam ...

On this last exam, the main thing I changed, and it was spontaneous and unplanned, was my attitude about the exam overall.  I was so disgusted with the whole process that I ended up taking a huge leap of faith.  Instead of writing in a strict (very strict) IRAC method, I wrote with what I've described as a "casual disdain" for the subject.  I continued to state the issue and the rule as before, but in my analysis I made a conscious effort not to be as structured.  I tried to show the grader that I was comfortable with the subject.  I didn't want my answer to look like an outline with details.  I can only guess that was the difference, but I also applied that attitude to the PTs.  And on an exam that many people say was more difficult than the previous one (Feb 2012), I passed.  I wish I could see my scores to see if that was the difference.

On past exams I stuck with my familiar and comfortable structured IRAC format. I believe it was comfortable for me because of my programming background.   For those of you who aren’t familiar with that world, a programmer must pay strict attention to all of the facts in the problem and make sure to address each of them properly.  As a result, on the bar exam I treated all facts as important and necessary to the resolution of the problem.  But in my new "damn the torpedoes, full speed ahead!" style, I mentioned some of the facts I considered less important but I didn't struggle to fit them into my analysis.  If I found a way, so be it, but if I didn't find a place for them I left them out.  My overall goal was to emulate the released answers in the way they "rambled", if you will, on the main issues.  I hope that makes sense.  It's something I learned both from Jason's class and from the released answers.  Also, I stopped worrying that my answers were not as long as some of the released answers.  On exams past, some of my highest scores were on essays that were very short.

I also made a conscious effort to complete my outline on my laptop before I started writing.  I used to start my outline then I would include a couple of facts, and then a little bit of analysis, and then I frequently found that 30 minutes had passed and I still didn't have a complete outline.  This resulted in a hurried and confused answer that failed to hit all of the major issues.

On studying on your own (part one): essays …

If you're going to be studying on your own for the next exam I have a couple of suggestions.  You might try just focusing on the MBE subjects. All of the MBEs (obviously) and at least three of the essays (and perhaps two others via crossover) will be on that material.  This will allow you to focus the bulk of your studying on a smaller number of subjects, which will be less daunting of a task.  Then, with a couple of weeks to go, you can refresh your memory on the non-MBE subjects.  I did this when preparing for the last exam because I wanted to avoid the usual feeling of being overwhelmed by the sheer volume of material I had to dig back into.  Besides, I had very little spare time in which to prepare.  Then you can use your experience and common sense to skip the issues that are tested rarely, if ever.  Most essays contain a small subset of issues that are tested repeatedly (negligence, murder, subject matter jurisdiction, free speech, etc.)  If you skip the issues that you know are unlikely to be on the essays the amount of material you have to study will be reduced further.

I also used Jason's predictions to further refine my studies in those last few weeks.  I relied on my knowledge from past exams to get me through the subjects I treated lightly.  And I figured that if I could improve my performance on the MBE subjects, I could afford to maintain my scores on the other subjects. 

On studying on your own (part two): PTs …

The PTs have always kicked my butt.  No matter how well I thought I did when I walked out of the session, I inevitably received scored of 55 or 60 (with the occasional 65.)  I seemed to be able to do fairly well on my practice PTs when I took extra time (30-45 additional minutes) but, as we know, we only get three hours on the actual exam. 

What I lacked was a method of attacking and organizing them. I used to read the complete file then read the complete library, to try to get an overall feel for what I was going to write.  This, obviously, wasted much time and I never had enough time to analyze completely and to end them strong.  Plus, I used to copy a lot of the language from the library into my answer as I was reading it, thinking I would have to put it in there anyway, but then ended up deleting much of it or simply leaving it there because, darn it, if I had taken all that the time to type it I might as well use it (and maybe I would get lucky and it would be in the right place!)

Those strategies didn't work so well. 

I obviously don't know what score I got on the PTs I wrote in July, but I believe they must have been better or else I wouldn't have passed.  What I learned in Jason's class was how to get through the material in the proper amount of time (~90 mins) and how to locate and pull the important elements from the library. 

On the July 2012 exam I spent up to 5 minutes on the introductory email from the partner (about 1 min) and the task memo (up to 4 mins), then I quickly scanned the file to get a feel for what I needed to do and what I was working with (10-15 mins).  I then spent as much time as I needed (up to the 90 minute mark), briefing the cases in the library, pulling out the relevant law, and outlining my answer (on my laptop, not on paper.)  From 90 minutes until the end I would write my answer. 

And on this exam, I did NOT copy copious amounts of the library into my answer.  My PTs on this last exam were shorter than the ones I had written on past exams because I tried to put more of my own analysis into my answer rather than just retyping the cases in the library.

On the MBEs …

If you are already strong on the MBEs (as I was), I still believe Jason's stand-alone MBE program is almost mandatory.  If I had to do it all over again (and I thank God that I don’t), I would invest a little money there because even with my higher than average MBE scores I was able to see improvement.  I thought the July 2012 MBEs were easy, and I suspect I improved on the raw MBE score of 149 I received in February.  The median raw MBE score for the July 2012 exam for CA takers was 147, which implies that you should shoot for a raw score in the mid-140s (or higher!) to help ensure a passing score.  One student in Jason's class in 2011 went from a raw MBE score of 100 on the July 2011 exam to a 140 on the Feb 2012 exam.  I thought that was amazing.  He missed passing the Feb 2012 exam by about 5 points. 

After receiving bad news on the day the results were released …

When I began my preparations for the next exam (after dealing with the emotional trauma of receiving bad news), I always started preparing for the next exam by writing out the rules for the most commonly tested issues, then outlining and writing essays.  I discovered the most commonly tested issues by going through about the past 10 years of released answers (focusing on the MBE subjects first), then writing down the issues that were tested.  I used this list of tested issues to focus my studies for the July 2012 exam.

On a side note, after each bar exam I created a spreadsheet from the scaling factors released by the State Bar.  I used that spreadsheet to play around with my numbers to see what combination of scores I would have needed to pass.  It can be a distraction, but it also gave me hope to see that I only needed a few more MBEs or a couple of 65s on my essays to have passed that particular exam. On the July 2012 exam, a raw MBE score of 135 and an average writing score of 60 would have resulted in a passing score.

Miscellaneous …

If you’re a repeater, and you are as determined to be a lawyer as I was, you need to find a way to suppress the disappointment and frustration at not having passed, and dig back into those books.  The hardest part of taking the exam for the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, and 11th times, was convincing myself to invest myself in the process sufficient to improve my performance on the next exam.  This was especially difficult after about my 6th attempt because my scores were not improving.  I seemed to be stuck in the 1370-1405 range with the occasional dip to the 1350-ish range. My lowest score was 1326, which I received on my second attempt, and which I attributed to my failure to study as I was so demoralized at having failed on my 1st attempt. 

I specifically remember studying for my 4th attempt.  I was confused, frustrated, determined, and depressed as I dug my study materials out once again.  I remember purging much of the material I had previously relied on as it had not helped to improve my score.  That was a good thing because in my desperation to pass I had gathered up as much study material as I could get my hands on, which only served to confuse me and would derail my attempt to form a cohesive study strategy.  After all, when each book, guide, and outline I picked up claimed to be the best method for passing the bar exam, I didn't know which to trust.  As a result, my studies were unfocused.  Towards the end (December 2011 through the July 2012 exam) I had discarded all but the BarBri tall outlines for the issue and rule definitions, and of course I also used all of the material from Jason Tolerico's One Timers program. 

So I believe a big reason that I passed the July 2012 exam was that I focused on one method only (Jason's) and stuck with it, which was tough for me because I had learned not to trust any one method to substantially improve my scores.  It seems like an easy decision when looked at from the perspective of an outside observer, but the view from the inside is not nearly so clear - especially when one is being slowly tortured by FUD (fear, uncertainty, doubt.)

The bottom line for everyone who repeats the exam is to believe in yourself.  Believe in your knowledge of the law and in your ability to write a passing answer.  Everyone who graduates from law school has the knowledge sufficient to pass the bar exam.  What we lack is the knowledge of how to present it to the grader in a way that effectively communicates that we are qualified to practice law.

If I remember correctly, the blurb on the front of the essay packet tells us that our answer should not just show that we know the law, but that we can relate the facts to the issues in a lawyer-like manner.  I took this to mean that we should show the grader that we are so comfortable with the subject that we don’t have to use the strict IRAC method as a crutch.  So, as I said above, I took a huge gamble (for me) and decided to analyze the issues as though I were talking about them with my buddies.  I can only guess that was a big factor in getting a passing score. 

So, there you go.  I probably left something out but that’s the bulk of it.  Feel free to email me with questions about what I’ve written here.  

Take care, all, and best of luck on the February 2013 exam!

GP

31 comments:

Anonymous said...

GP, thank you, on to attempt #5 I go...

Anonymous said...

Thanks for the advice! Truly invaluable for repeaters like myself.

Anonymous said...

Congrats on passing! I ran across your blog while waiting for results and I'm happy you made it!

Anonymous said...

Brian, how long before you realize, just as Jason Tolerico has long ago, that teaching folks like myself, how to pass the exam, is much more rewarding as a career, than the actual practice of law?

If you have already come to that conclusion, what are your fees for helping me out pass the exam, you are bound to be a bit more reasonable than he is.

Please post your fees on here, I guarantee you, there will be plenty of takers.

Good luck to you.

Anonymous said...

hey GP,

I have been following your site since the evening of Day 1 of the Winter 2009 Bar. I was in a panic that night and was googling for people talking about the bar. found your site. that night it calmed me down because i realized everyone was freaking out just like me. so thanks for the forum. and calming me down, because if not for that I might have just not showed up for day 2.

been checking in and hoping you pass ever since. very happy you did it. good luck in the future.

Anonymous said...

3:20 - Big Cat will give you outlines for half the price! Ha!!! Big Cat outlines rule!!

Anonymous said...

What are the Big Cat Outlines? 9th time taker and new to this blog. Does GP recommend them?

The Grand Poobah said...

No, I haven't seen the BC outlines, nor can I recommend them. I suppose, however, that you could request a sample at no charge. Most reputable sources would provide this.

The Grand Poobah said...

(;-)>

Anonymous said...

Thank you so much for generously sharing your insights.
These thoughts, combined with your steadfast determination to succeed, inspire many of us to continue in our pursuit of the same goal!

Anonymous said...

Where can Big Cat be reached so that I can ask for the sample. Great idea GP. Thank you so much for the advice. I really am enjoying going through your blog and your story is helping me find inspiration.

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Anonymous said...

Haters hate, Big Cat skates.

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Anonymous said...

Big Cat thank 12:58 cat for constructive and thoughtful comment. Meow, meow, rarrr 12:58.

Big Cat on his way to mexico for siesta.

Anonymous said...
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The Grand Poobah said...

Sorry folks, for all of the deleted comments above. Every once in a while I have to take remedial action to purge the comments section of rogue elements. I regret also having to delete the very kind and supportive comments that were part of the deleted thread but, standing alone, they wouldn't make much sense to someone who hadn't read the entire exchange.

So, again, my apologies for the disruption. We now return to the regularly scheduled broadcast.

Anonymous said...

Congrats again on your bar passage - you are a true example of perseverance! I went on a 2-yr hiatus from the bar, but am now taking it again. Thank you for the inspiration and tips!

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Anonymous said...

11:27. PLEASE GO AWAY!! We don't need your negativity here. GP just passed the bar after years of struggling, BE HAPPY FOR HIM!!

I agree with you that Big Cat is an idiot and I'm not sure why GP and the Big Cat are friends, but this is NOT the Big Cat blog. This is the GP, ESQ(!!!) BLOG!! Live and let live my friend.

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CLe said...

what is "jasons method"?
thank you!!