P.A.S.S. The Bar Exam

Food Network's "Chopped" --Bar Exam Analogy, continued...

We said in the last post that essay writing for bar exams was a bit like appearing on the Food Network challenge series, "Chopped."  The parallels are clear --working with ingredients (FACTS) that they give you, applying skill and knowledge that you have in your head, in order to complete your tasks, with the time allotted! 

Timing is key.  I see those Chopped contestants who don't make it in time, who freely admit they just didn't budget well.  Those who don't finish usually seem angry at themselves beyond words, flustered and shocked by how stressful the timing is.

If you are doing practice tests under timed conditions, you should have your timing down.  You should not be shocked in the slightest.  You'll have your own watch with you during the exam (an approved device) so you won't be able to say that you were seated in that part of the room where you couldn't see the clock.  And, you will get used to looking at the time regularly, and measuring how much time you spend reading and outlining and how much time you spend writing, and then you'll move on through each question so that you finish in time.

One more parallel theme comes to mind: presentation.  These chefs scramble not only to get all the required ingredients assembled into dishes and presented in time, but to present them beautifully.  You too, Bar Exam Applicants, lawyers-to-be(!), must be sure your exam answers are typed and/or handwritten in ways that are easy for bar graders to see the points you have made. These graders are grading many exams.  Yours must stand out in a good way!

So, what's on your calendar today?  Practice essays?  Yes!  Practice PTs?  Sure!  Practice MCQs?  Definitely!

 

 

Did you write out a practice essay in full today?

Did you complete it in one hour?  Did you study the model or explanatory answer and learn from the process?  Did you finish?  Did you see and analyze all the main discussable issues?  Did you use all the relevant facts to reason to logical conclusions?  Was your paper set up in a reader-friendly manner? 

Keep up the good work!  There are more than two weeks to go still, and lots of progress to be made.  Don't back off, don't back down ---keep the pressure on!  You are in high gear now!!!

NOTE: If you just looked at an essay and outlined it, or read the answer without trying to write the question in full under timed conditions, go back right now and write on.  No time to waste.  Do it.  Now.

After a Practice Essay... What's next??

The review and critique of course!  It's critical that you do lots of practice tests and under timed conditions, but to get a lot out of that work, you must do some diagnostics after completing the practice test. 

Look at the sample answer. Compare and contrast your own to the sample.   A few of the questions to ask are:

1. Did I see and analyze all the main discussable issues?

2. Did I organize my answer logically?

3. Did I use all the facts?

4. Were my rules stated correctly?

5. Did I apply the facts to those rules to support my conclusions?

 

What other questions do you ask yourself after you complete an essay?  And what do you do to put yourself on track to make the improvements to correct any shortcomings you identify????   What comes after the practice test??????

Just the Facts, M'am and Sir

The greatest thing a man can do in this world is to make the most possible out of the stuff that has been given to him.--Orston Swett Marden

The "stuff" that will be given to you next week are facts --make the most out of them. Read them carefully. Apply the rules of law you've been studying to them in a logical, simple, organized way. Reason to sound, clear conclusions. Remember, facts often cut two ways; allow yourself to argue/analyze in the alternative.

Get lots of rest and go in there alert and awake so that you can make the most out of what they give you next week --so that you go in and PASS!

Practice Essay Questions --the bar's Ah Ha moments

Have you been turning in essay questions?? (If you are not enrolled in a bar review that critiques the exams you write, find one.) You must be completing practice essay questions --not just outlining them, not just reading them and thinking about writing them, but actually writing out full essays under timed conditions. And, a very good tool is to write them in blocks, three at a time, three of different subjects, under timed conditions.

And, what does your mind do when you approach an essay question? Do you start reading the facts and find yourself saying to yourself, “I’m going to fail, I can’t do it, I’ll never figure this out”??? STOP!

Do you panic when you see new fact patterns?? STOP that too.

Instead, each time you approach an exam, tell yourself, “I am smart, logical and clear-headed.” Remember that. And, think through the exam before you write. Read the fact pattern slowly, out loud under your breath perhaps, if you need to do so to read and understand each word. Print fact patterns when you do practice test and note in the margins as you read what questions (issues) and holes are triggered by each fact. Underline and highlight important facts. One key to passing is in your command of the facts. And the more essays you complete, the more you will see similarities, repeating scenarios.

Also, carefully reading will prevent you from missing important parts of the call of the question, stop you from answering issues the instructions tell you not to discuss, etc. This is essential. A huge part of lawyering is following directions and one of the key things the Bar Examiners repeat every time they discuss bar passage is how people fail repeatedly for not following instructions. Be careful.

Once you get that “click,” you will likely see clearly on all the exams you write. Work toward the Bar Exam equivalent of the proverbial “Ah ha moment.”

Essay Writing Tips

EXCERPT BELOW TAKEN FROM NOVEMBER 2006 LAW STUDENT JOURNAL ARTICLE, Tricks of the Trade: How to Write Effective Essays, by Professors Steve Bracci and Sara Berman-Barrett

The first step to effective essay writing is effective reading. And, what is it that you read? The most important part of law essays: the facts.

And, where in the facts do you start? The end! At the end of the fact pattern is the question, what is often called the interrogatory. Start by knowing the exact question or questions asked of you and you will read with an eye that can then be trained to pick up the facts and spot the issues relevant to answering as precisely as possible. (One main complaint from bar graders is that students often do not answer the interrogatory. Do not fall into that trap. Always read the question first!)

Another thing before you begin reading - know that most facts are included in fact patterns for a reason. "Red herrings" are few and far between. But, you must be an alert and careful reader to pick up on the significance of facts. So, read with a purpose, and underline, highlight or otherwise mark key words and phrases as you read.

Facts are important because they help you identify the issues, and then because they help you prove the elements of each rule. These are what might be called "discussable facts." The examiners also sometimes include facts as background, facts that develop the need to discuss an issue, but do not need to be discussed themselves. For example, one past Community Property essay question included facts about how a husband had incurred a certain pre-marital debt. The many facts relating to how the debt arose were not discussable and did not need to be analyzed. Rather, these facts were there as background, to set up the issue of which property would be used and in what order to satisfy those pre-marital debts.

With that backdrop on how facts are used, in your first read, (after reviewing the interrogatory), get a sense of the fact pattern - figure out ....

[SEE THE REMAINDER OF THE PUBLISHED ARTICLE FOR THE REST OF THE Tricks of the Trade...

Boosting Essay Scores

Grading lots of Practice Bar Exam Essays, I'm reminded of some pointers you all should know and think about as you prepare to PASS the Essay portion of your Bar Exam....

-You must answer the questions asked and only the questions asked.

I see extensive time wasted on non-issues. Reading is often the culprit. Inattentive reading. Lawyers must be detailed. Slow down and make certain you understand what is and what is not asked of you before you write your answer. Read every word out loud under your breath if need be, so you get it. When writing, focus on the most serious issues first --discuss what is a problem first and only if time permits show why something is not a problem under the particular facts.

-Write in complete sentences, with complete thoughts and analyses. Don’t expect a grader to follow your shorthand. Spell out your thinking.

-Avoid hammering one point of view. There is often a defense and plaintiff perspective on each issue, the facts can and often do cut both ways if you use them all. If you get stuck trying to advocate you’ll miss the points to be gained from analysis.

-Use every fact they give you! (And write in plain simple English that spells out your reasoning so clearly even a lay person could understand you!)

-Write complete (succinct but complete) rule statements, and then prove up each element of each rule –piece by piece. Lawyer break complex thoughts down into pieces. Elements are parts of the bundle that is a rule, and each part must be proven. Same thing with defenses. (Re-read Chapters 3 and 4 on Factual and Legal analyses in PASS The Performance Test. They will help you on essays and PTs.)

Bottom line, from now on, you must be in total high gear now, full and complete dedication to outlining question after question, studying those model answers with checklists in hand, and getting your mind primed to answer any question they throw at you in a thorough, complete and organized manner. That is what is expected of you. You CAN do it!