Solo Practice University® » Lee Burgess

Best Bar Exam Tip: Think Like a Grader

Lee Burgess — Tue, 30 Apr 2013 12:06:14 +0000

It is hard to believe that I am already working with students for the July bar exam. When I talk to my students about each part of the written portion of the test, I hear myself making one statement over and over again, “You must think like the bar exam grader.”

As you likely know, the grading of the written bar exam is done by real people reading stacks of essays one after another. In some states the graders are practicing attorneys and in other states the graders may work for the state bar. But in any case, it is commonly accepted that graders spend limited time on grading bar exam essays, often 2 to 3 minutes per essay and 3 to 5 minutes per performance test (that is the norm in California and the accepted norm in other jurisdictions as well). But really the amount of time doesn’t matter so much, compared with the realization that the graders are reading incredibly quickly.

So what does that mean for you, the exam taker? It means that in order to write a successful exam answer, you must think like the grader. You must write understanding how the grader is reading your exam. And you must be kind to the grader and make the grader’s job as easy as possible! So how do you do this?

1. Use smart headers. Students are often annoyed by hearing me talk about headers over and over again, but headers are guideposts—they help the grader know where he/she is going or heading (yes, very quickly). If you leave out headers, you risk the grader not appreciating an issue that you are raising. Don’t believe me? Here is one example of where headers had a big impact on a bar taker’s score.

I was reading a failing answer from a student a number of years ago. The essay required an answer in five parts (it was an evidence question and there were five pieces of evidence that needed to be discussed). The student discussed all five, but he included a header for only four of the five pieces of evidence. His score was so low, it didn’t seem to reflect the work he had done for all five evidence issues. So I had to worry—had the grader thought the student had not addressed all five pieces of evidence, because he didn’t have a header for each one?

The moral of the story is don’t risk this happening to you! You need to take a few moments and use thoughtful headers to make the grader’s job easier.

2. Write professionally. Many students think that because they are writing incredibly fast on the bar exam that they can ignore typos, sloppy writing, or even traditional writing norms (e.g., writing in complete sentences and using capital letters). Remember, this is a professional exam. Some states even make you dress up to sit for it! You want to present yourself like a lawyer—and in my opinion this includes writing in a professional way.

Does this mean that the writing needs to be perfect? No! But you want to write a high-quality first draft of your work .

Although graders typically do not give points for professionalism, it is almost certain that snap judgments are made on the initial presentation of your work. So don’t discredit first impressions; they can definitely make a difference on your bar exam score.

3. Use key words and phrases. Many students are really stressed by the idea that they have to memorize mountains of law to present it perfectly on the essays. I would argue that instead of perfection, you want to memorize short and concise rule statements that include the appropriate key words or terms of art. Because when a grader is reading quickly, he/she is likely going to be looking for key words such as “foreseeability” or “reasonable.” It is less about the exact form of the rule statement, but more about what is in the rule statement. So when you are practicing your rules, make sure you are learning rules that will make it easy for the grader to decide whether or not you know what you are talking about.

4. Use paragraphs to highlight quality analysis. Paragraphs, along with headers, allow you to guide the grader’s eye. You can help by highlighting important elements for the grader to focus on. If you have an issue that has a lot of great analysis of the facts, make that analysis its own paragraph. Show the grader that you focused on that topic. Singling it out will demonstrate that you appreciated that it was a hot-button issue and you gave it the time it deserved.

5. Practice reading your answers and evaluating them like a bar exam grader. It is great to get feedback from other people (your bar review company or a tutor) but you also want to take time to give yourself feedback. Along with carefully evaluating your work, you want to read your work as a grader would—so go through your answers carefully and see if your work is “skim-able.” If you find your own work challenging to get through, then that is a sign that you may need to clean up your act.

6. Learn from others’ work. If you are studying with friends for the bar exam, perhaps you can get a group together and trade essays in order to get even more feedback. Or you can get exposure to other student essays through books (the What Not to Write series) and websites (in California you can check out Baressays.com). Some students find reading other real student answers helpful in evaluating what makes a “good” or “not-so-good” essay.

Warning: Don’t become obsessed with sample exam answers. Many jurisdictions produce model answers that students can study. These model answers are great examples (especially if they are student answers) of what the graders are looking for. But remember these are just for guidance! Don’t become obsessed with sample exam answers thinking that you will pass only if you create an answer that looks like the model answer. Instead, think about what you like about the answer. Read it quickly and evaluate what the author did to make it a great answer. Is it easy to read? Did it have lots of headers? What can you learn from the essay? But reviewing sample answers is not supposed to make you feel bad—or make you question whether writing a passing answer is even possible. Remember this is a learning process!

So as your bar exam study process gets under way, take time to start thinking like a bar exam grader. Doing so will help you write quality exam answers that will make the grader’s job very easy and hopefully lead to a passing score.

Written by Lee Burgess

The Bar Exam Is Just the First Step to Launching Your Legal Career

Lee Burgess — Fri, 29 Mar 2013 12:00:49 +0000

Whether you are waiting for results or getting ready to take the July bar exam, passing the bar exam is just the first step to launching your legal career.

Gone are the days when law school graduates walked across the stage with a diploma in one hand and an offer letter in the other. Of course, this still happens to some law students, but as employment numbers dwindle, does that mean you won’t be able to launch your career and practice law?

I hope not, and I don’t think so. But this is a new world out there and you need to start thinking strategically about how you are going to launch your legal career. The bar exam is the first step (as often jobs won’t hire you until you have a license). But even after you have taken that bar exam (and are painfully waiting for results) you have the opportunity to move your career forward so you are ready when that bar card is in your hand.

While you are waiting for bar results, be actively working on your career. There are a number of things that you can do to further your career while you are waiting for bar results.

Get your learn on! I believe that the practice of law is a career where you are constantly learning. While you are waiting for your bar exam results, you should take that opportunity to keep learning. What do I mean? Here are a few ideas:

Attend workshops or trainings at your local bar association. I just got a newsletter from my local bar association in San Francisco and it was full of learning opportunities. You can also meet people with similar interests, which may help you land a job in the future. It is a win-win situation.
You can take the courses offered on Solo Practice University. One of the great things about SPU is that you can experiment and learn about lots of different things from the comfort of your own home! And if you decide you want to learn something else, you can just take another course. How easy is that!

Have lots of coffee dates. If you are looking to launch your legal career, you need to talk to people about it. You need to e-mail people you know (or ask for contacts in specific practice areas if you don’t know anyone) and start inviting people to coffee. If they can’t have coffee, perhaps you can chat on the phone. But you need to meet people and get your name out there. You need to ask questions so you can learn more about different career paths. And you need to ask for help! You may be surprised how willing someone is to help, if you just ask.

Attend helpful conferences. I attend quite a few conferences and I always end up meeting interesting people and making friends. Conferences give you the opportunity to hear speakers you may find inspiring, meet like-minded attorneys, and sometimes even have a bit of fun. (Warning, here comes a shameless plug.) We hope you will consider joining us on April 13, 2013, in San Francisco for Catapult 2013 – Tools for a 21st Century Legal Career. Susan Cartier Liebel of Solo Practice University will be speaking as well as many others and it is going to be a fantastic event.

Get involved in your community. In my “free” time, I am the president of the board of directors of a nonprofit called GirlVentures. GirlVentures has nothing to do with the law; however getting involved in a cause that I care about (leadership programs for young women in the Bay Area) has allowed me to meet wonderful people who have helped me further my career. I have learned so many things from volunteering with GirlVentures, things that make me a better businessperson and lawyer. Even if you want to volunteer with an organization completely unrelated to the law, you can still be helping yourself launch your career. (I have been writing a series for Ms. JD on how volunteering can be great for your career if you would like to learn more.)

Remember, you never know when you will make a connection that will launch your legal career. I don’t know about you, but my life would look very different if I didn’t embrace a variety of opportunities. You have to put yourself out there to make yourself available for good things to happen. And as the economy and job market continue to be rocky, relationships are more important than ever. So if your mentor at your job invites you to a lunch, you should go. If a friend asks you to go to a bar association event with her, you should go. You just never know when you will meet someone who may become an ally, a friend, or even a great business connection.

I know that waiting for bar results in a challenging time. But you have plenty of opportunities to continue moving forward in your career—even while you wait.

Written by Lee Burgess

The Bar Exam: A Time To Be Selfish

Lee Burgess — Fri, 22 Feb 2013 13:00:10 +0000

There are now just days until the next bar exam and if you are studying, you are definitely feeling that it is crunch time. You likely have moments of doubt about your ability to pass as well as moments when you feel you are prepared.

But we don’t live in a vacuum. Friends who may also be studying for the bar exam are likewise under incredible stress. It is possible they are struggling and dealing with increased anxiety. And they are turning to you, the bar studier, for guidance. What do you do?

You must take care of yourself.

Although you want to help friends who are also studying, it is important at this point in your preparation to be a bit selfish. It takes almost all your energy to discipline yourself to study and keep your own emotions and anxiety in check. You may not feel that you have anything left to give to your friends. In addition, talking to friends who are in bar-crisis mode can feed into your own doubts—causing your confidence to waiver. This can be demoralizing and damaging in these final days of preparation.

So, what do you do?

I think it is reasonable to limit discussions with friends who just want to vent or share their anxieties with you. I often recommend to my students that they turn off their phones during the day so that their study time isn’t interrupted by someone looking for a shoulder to cry on. But you might find that sending a supportive text or e-mail to your friend in crisis may allow you to be helpful without requiring the mental energy needed for a long dialogue during a bar-exam freak-out.

This is something to keep in mind in the week of the test as well.

For many folks, it is likely that you are going to see people you know at the testing site. I recommend that you limit discussion of the test with any of them. It is not constructive to re-hash the questions and generate self-doubt. But you must watch out because conversations you think are safe—that aren’t about your answers—can quickly turn into something unintended. For example, a friend comes up to you and is really emotional. This friend fears he/she bombed the third question, for instance. You try to reassure him/her, but then your friend starts talking to you about the answer—looking for validation and in a way checking in with you about your answer. This is just the type of dialogue you want to avoid. It doesn’t help you to start questioning parts of an exam that you have already completed. You need to stay focused and positive about what is to come.

You may need to avoid chatting with your friends during the exam.

I know this sounds extreme, but you can do it in a kind way. You can discourage people from talking with you by listening to headphones while outside of the testing center (note: you likely won’t be able to bring them in, but you can leave them in your backpack). Or you can go off on your own during lunchtime and read a magazine or listen to music so you are not tempted to discuss the test. Or you can go back to your hotel room and watch TV during lunch (during my bar exam, I watched Happy Feet on HBO in my hotel room ). Although I know you want to be there for your friends, you also want to make sure that you are taking care of yourself and not becoming distracted.

If you need space from friends and family during bar week, just explain that to them so no feelings are hurt.

Some students like to think of the bar exam as a time warp—during which they don’t talk to anyone about anything else going on in the world until the exam is over. Some students find it comforting to chat with family and friends or even see family and friends during the bar exam. Regardless, you need to think about what is best for you and then share this with your family, friends, and significant other. If you want them to be available for you, just ask. If you want to go off on your own to complete the bar exam with little contact with the outside world, then share this with them as well. They care about you and will want to be supportive in the best way that they can (you can share this post with your family and friends on how to be supportive of your bar studier). Being honest with family and friends is much better than being frustrated or distracted during bar week.

Remember, passing the bar exam all comes down to how you perform on exam days. You want to be honest with yourself about your needs and adequately selfish so you remain focused and give yourself the best opportunity for success on the bar exam.

Written by Lee Burgess

Five Keys to a Successful Final Month of Bar Preparation

Lee Burgess — Thu, 31 Jan 2013 13:00:55 +0000

If you are studying for the bar exam, you are close to a milestone—there is about one month left until the exam (my students continue to remind me how many days are left each week). That means you likely have been studying for a month or longer. It is a great time to re-group and make sure you are ready to complete the final weeks of preparation. Here are five keys to making the most of your final month.

1. Don’t just study the law, practice applying the law.

I spend a lot of time talking about this, but it is because folks continue to ignore my very important advice. You must practice applying the law to be successful on the bar exam. This shouldn’t be a surprise since the fact that we know how to identify legally significant facts and apply them to the law is what makes us lawyers (anyone can memorize outlines of law, right?). Yet students get caught up in how much law there is to memorize and don’t spend time practicing.

You must practice. You must do MBE questions every day that you study. You must write every day. You must do performance tests under test conditions.

Practicing teaches us so much! You get the following benefits from practice:

You get to review the law and practice writing out the rules.
You get to test your understanding of the law as it is applied to facts.
You get to do something active (practicing) versus something passive (reading outlines).
You get to refine your test-taking strategies.
You get to self-evaluate your work and get feedback.

Those are lots of benefits! Yet students still are hesitant about practicing. Don’t be one of those people! Sit down and practice every part of the exam. You are going to be glad you did come exam day.

2. Take care of yourself, both mentally and physically.

Are you tired or emotionally exhausted? I bet most folks studying will respond “yes” to this question. And you have every right to be. You likely have been studying and pushing yourself quite a bit over the last month or so (longer, probably, if you are studying and working at the same time).

But if you are exhausted you must take a break. Taking a break is often just as important as a few more hours of studying. Break time allows your brain to rest and recuperate from the workout you are putting it through. Just as athletes need time to rest in order for their muscles to repair, your brain needs a break too.

What should you do on these breaks? Something that you find relaxing and positive. You want to try to get away from the books or the computer. Spend time with people who make you happy. Because studying requires hours and hours of sitting, you may want to do something active. Now, granted, for much of the country, the winter isn’t the best time to do “active” things outside, but you can still walk around at a shopping mall, go to the gym or attend a yoga class (one of my favorite activities to de-stress).

Now, beyond taking breaks (they are very important from a mental perspective), you must take care of yourself physically as well. Your body and how it feels is significantly connected to how you perform on bar exam day. You must have energy to study and produce great work, focus for clear thinking, and resilience to make it through long study and exam days.

This means that you need to take care of yourself. You need to eat the right foods (both while you study and while you are at the exam). Not sure what those are? Don’t worry; here are some suggestions for you ( what to eat during the exam days and even some foods that can make you smarter). You also need to move your body. Exercise is important, especially with the amount of time you are spending sitting (we know it is bad for us, some are even calling it the smoking of our generation!). This doesn’t mean you need to run five miles every day. But you need to move around. Take a walk. Go to an exercise class. Play with your dogs. Go to the park with your kids. The key is to get your blood moving, get away from the desk and move around. Exercise helps with stress, anxiety and fatigue. Oh, and it helps us sleep too (also important).

3. Evaluate where you are and create a plan to get where you want to be.

With the practice I discussed above, you want to evaluate your work so you can be smart and strategic about your study. This doesn’t mean that you can just do MBE questions on your iPad while lying in bed and think you have an accurate appreciation of how you are doing. You need to do a three-hour practice exam to assess your accuracy in testing conditions. (Not sure where to get one of these tests? Check out the National Conference of Bar Examiners website.) Once you get feedback on this practice test, you will be able to target your study plan to focus on weak areas of understanding. You will also be able to make sure that you are identifying (and brainstorming how to overcome) any fatigue during long testing sessions. MBE practice will give you the information you need to best use the last month of preparation.

Writing practice is also critical and gives you the opportunity to evaluate your work (here are some tips for self-evaluating your writing practice). You need to identify areas of weakness so you can focus your study time where it needs to be. Are you struggling with writing under time pressure? Are you missing issues? Is your writing lacking incredibly important analysis? You can answer these questions for yourself, make smart prep decisions and develop a study plan that is right for you.

4. Plan for bar exam week.

It is never too early to create a bar exam week plan. If you haven’t done so, you should decide if you are going to stay at a hotel near the testing center. If you do book a hotel, can you get a fridge in your room to make it easier to prepare and eat healthy food? If you are not going to stay near the testing location, do you know how you are getting form point a to point b on testing day? Do you have everything you need to take to the hotel with you? These are all decisions you want to make now, so you don’t have to frantically make last-minute decisions in the days or weeks before the test.

5. Keep things in perspective.

This test is a whopper. If you are taking it for the first time or you are taking it again after a failure, I know you feel the stakes are high and there is a ton riding on how you do. You may feel this test is defining you or your legal career. I get that. I spend all day talking to students who feel the same way.

Here is the thing, though. Although this test is incredibly important to pass and, yes, all of us have felt the stress of this exam, it is just a test. They are just questions on paper. The bar examiners are testing you on law you have been studying for three or more years. It is not life or death (although I know at times it might feel that way), and it is likely not the most difficult thing you have done in your life.

So try to do your best at keeping this test in perspective. Doing so will help you calm your anxiety and focus only on the task at hand. Don’t let this test become something it is not. Be thoughtful about how much power you are giving this exam.

You can do this! Have a great final month of preparation and you will be ready for test day.

Written by Lee Burgess

The Importance of Accountability as Part of Your Bar Preparation

Lee Burgess — Wed, 02 Jan 2013 13:00:13 +0000

’Tis the season when folks around the country start preparing for the bar exam. Studying for the bar exam is challenging whether you are taking it for the first time, taking it for a second time, taking a full bar review course, or studying on your own.

When I talk to students who have failed the bar exam in the past, folks often tell me that they struggled with staying on a study schedule and doing practice exams (that they knew on some level were necessary).

Many students also find that they fall victim to procrastination, life distractions, or self-sabotaging behaviors during the bar preparation period. Consequently, when students call me about bar preparation, they are typically looking for one thing, accountability.

Are you looking for more accountability in your bar preparation? If so, here are five suggestions to help you stay productive, get the work done that needs to be done, and hopefully find exam success.

1. Be realistic and flexible. The bar exam is a marathon, not a sprint. You need to be realistic about your workload so you can stay on task, not burn out, and not fall behind. That means setting reasonable goals. When students set unrealistic goals for themselves and then quickly fall behind, they start down a slippery slope that only leads to procrastination and lack of productivity. And once students feel they are behind, they are less likely to keep to their study schedule. This is not a good thing, as you can imagine. So if you do fall behind, take a look at your study schedule and be reasonable. Update it so you feel as though you are getting back on track. Constantly feeling behind and not re-grouping will not help you reach your study goals.

2. Keep a journal. Sure, this sounds like something we did as kids, but keeping a journal can be a very effective way to help you stay on task with your bar exam preparation. I recommend that all my students keep a daily study journal for the bar exam, especially if they are repeat takers and studying alone. Doing so gives you time to reflect on your progress and also forces you to be accountable to yourself. This is why many nutritionists and personal trainers, for example, require food or exercise journals. If we have to write it down, we are better at staying on track.

If you are planning on keeping a journal, don’t let it turn into a negative exercise. I recommend that my students track first what they did that day that will help them find exam success and then what they wish they could have done better. Do not allow journal time to be where you bash on yourself for not studying hard enough or not doing as much work as planned. You want to spend the time reflecting and making positive commitments for the future.

3. Find another person to check in with. Some students like to have a bar prep buddy or someone to check in with on a regular basis. When I was studying for the bar exam, my friend and I consistently checked in with each other, even comparing how we were doing on keeping up with our study schedule. She was a great buddy because we had a similar study style, work ethic, and perspective. We had another friend who did not share our study style and every time I checked in with her, I left feeling stressed and overwhelmed. So, frankly, I stopped talking to her about how I was doing with my bar prep. It is important to make sure that your study buddy helps your preparation and doesn’t hurt it.

4. Develop a routine. One way we can be accountable to ourselves is if we develop and stick to a routine. Get up at the same time each morning, eat breakfast, go to the library—you get the idea. This takes the decision making out of your study regimen, which will reduce stress and encourage you to do what you need to do to succeed every day.

5. Be smart about selecting your bar exam review provider. If you are someone who needs a lot of accountability, be smart when selecting your bar review provider. There are numerous options for you to consider that offer different levels of feedback, one-on-one contact, and accountability. It is important that you spend time reflecting on your needs. For instance, if a student tells me that he/she just cannot force him/herself to do practice essays unless they are turned in to someone, then the student must select a provider that will review a large number of essays (because, as we have discussed before, practice is an essential part of your bar preparation).

When it all comes down to it, studying for the bar exam is a lot of work. You need to think about setting up a structured study plan with the right amount of accountability for you.

Good luck with your bar exam preparation!

Written by Lee Burgess

Coming Back After a Bar Exam Failure — Gearing Up to Study Again

Lee Burgess — Fri, 30 Nov 2012 13:00:36 +0000

If you sat for the summer bar exam, you now know whether you passed or failed. And if you failed, it is time to decide whether you are going to take the next bar exam offered and how you are going to prepare for it (hopefully, to get a different result). Many students are exploring preparation options or interviewing bar exam tutors. But no matter what preparation approach you take, you still have to decide how you are going to overcome your disappointment and fear of failure and find exam success.

So to support you in getting ready to study again, I want to talk about failure. Most of us hate to fail. Let’s be honest, most of us are used to being high achievers. We aren’t used to failure. It is almost shocking. So since this is a foreign concept to many bar applicants, I want to talk about how you can move past failure and get ready to take on this challenge again.

Prior to starting to study again, you must deal with the sadness around failure.

Of course, a bar exam failure is a huge disappointment. It can create financial and professional challenges. It can throw a wrench in your future plans. You have every right to be sad, upset, and even devastated. But you must acknowledge this sadness and then choose to move forward. The sadness will get better with time. It need not be permanent. But ignoring it will not help you deal with it or move past it. (You know, some people find meditation helpful in dealing with stress, anxiety, frustration, and sadness. This is just one suggestion on how to acknowledge and cope with these emotions.)

You must take this failure as an opportunity to learn how to perform better. This means you can’t do the same thing that you did the last time.

Learning how to perform better is a two-step process. First, in order to learn from this experience you need to identify what went wrong. This is a difficult process because it requires you to be very honest with yourself and self-evaluate what happened leading up to and on the bar exam.

Second, you need to determine what you are going to do differently. This can be exploring different study tools or working with a bar exam tutor. The key is that you can’t study in the same way and expect a different result. “Don’t spend time beating on a wall, hoping to transform it into a door.” (Coco Chanel) You must determine the tools you need to help you get where you need to be. This isn’t the same for everyone (so if someone is telling you about a “quick fix” or perfect answer for passing the bar, in my opinion, he/she is lying to you).

If you can learn to deal with failure, you will be a better lawyer (because this isn’t the last time you will have to cope with failure).

If you are reading this blog, it is likely that you want to open a solo law practice. This means that you are going to try to build something from scratch. You are going to be an entrepreneur. And you know what comes with that? Some failure. It has been about four years since I started working for myself and one of the things I have had to learn is how to cope with failure. Because greatness doesn’t comes without risking failure. And it isn’t the failure itself that prevents you from succeeding; it is the fear of moving forward. “Our greatest weakness lies in giving up. The most certain way to succeed is to try one more time.” (Thomas Edison)

So try one more time. Get the help that you need to make this attempt a success. Edison also said (turns out he failed a lot and had a lot to say about it!), “I have not failed. I’ve just found 10,000 ways that didn’t work.”

This bar exam failure doesn’t have to define you; it can actually be something you can learn from. You can still become a great lawyer. “You may encounter many defeats, but you must not be defeated. In fact, it may be necessary to encounter the defeats, so you can know who you are, what you can rise from, how you can still come out of it.” (Maya Angelou, one of my favorite authors)

Good luck with your bar studies.

Written by Lee Burgess

We All Need Practice to Perform at Our Best – #Bar Exam

Lee Burgess — Fri, 26 Oct 2012 12:00:27 +0000

This past week I was in New York City for a few days. While I was there, I got to check out a great exhibit at the Guggenheim, called Picasso Black and White (if you are in New York, I recommend that you see it).

I have always been a fan of Picasso, especially after studying in Spain during college. I was fortunate to see so much of his work on display in museums there. But one thing has always struck me—before painting one of his large, complicated works, Picasso sketched or did studies of various parts of the image before putting the entire piece together. I find this window into his artistic process so fascinating because many of us don’t think we need to prepare or practice before completing a difficult or challenging work. And aren’t we foolish for that.

How “Sketching” Is Critical for Bar Exam Success

So Picasso used to sketch before painting many of his masterpieces. Yet many of my bar exam students are unclear on why they should have to outline or prepare an answer before writing.

Why is writing an exam any different from another creative process?

An outline or pre-exam approach where you organize your answer, jot down your thoughts, and think through your analysis is how you make sure that your final product is executed in the best possible way.

An outline also keeps you from making mistakes that can be a waste of time or hard to remedy. Just as it is hard to “start over” if you are painting a masterpiece, it is difficult to start over on a bar exam essay (mostly because of the time constraints). If you have thought through your answer before you start writing, you are more likely to be happy with the draft that you turn in to the examiners.

Folks studying for the bar exam often challenge me on this and say they don’t have time to organize or think through the answer before writing. I would argue that you don’t have time not to organize. Organization is what keeps you on point and keeps your answer organized and complete. Organization is actually a time-saving process, not a time-wasting one.

How Practicing Is Critical for Bar Exam Success

When someone calls me to ask for bar exam advice after a failure, I typically ask how he or she studied for the exam. And a key question I ask is how much practice did you do. Again, one of the things that struck me about the Picasso exhibit is that he did studies of characters in a painting—tried out different techniques and executions before completing the final work. Basically, he was practicing (in a very deliberate way).

So why do students think that they don’t need to practice for the bar exam? This is a question I just can’t seem to find a quality answer for. Some students think that the bar exam is just about the law, so memorizing the law is more important than practice. I don’t agree, but that is one perspective.

Want to know why I think students don’t practice? They just don’t like it, simple as that.

Bar essays, performance tests, and MBEs are boring and not fun to practice. But that is just not a quality excuse. True, most of you could come up with more exciting things to do than practice bar exam questions, but there just isn’t a more effective way to study and use your time. Practice allows you to review the law (it takes law to answer a question) and to develop your pre-question approach (for essays and MBEs). And it gives you the opportunity for feedback (either from a tutor or even by just comparing your answers with sample answers supplied by your bar review provider or the bar examiners).

If you are getting ready to retake the bar exam or to take it for the first time, make sure you build a significant amount of practice into your study plan. It is critical for exam success.

And For Those Still in Law School . . .

If you are still in law school, remember that you can use your remaining exams in school to perfect your test-taking skills. You should have an effective pre-essay approach for your law school exams and also write out as many practice exams as possible. The test-taking skills necessary to conquer the bar exam are not that different from those that you use in law school. So use law school as an opportunity to practice and perfect the art of “sketching out” your answer.

If the great masters of the art world knew they needed to practice before painting a masterpiece, it is foolish to think you don’t need to as well. Make sure you include pre-exam approaches and practice in your law school or bar exam study plans.

Written by Lee Burgess

You Failed the Bar Exam! 5 Tips to Get Ready to Study Again

Lee Burgess — Fri, 28 Sep 2012 12:00:29 +0000

It is bar exam results season. Over the next few months states will continue to release bar results, leading to thousands of happy folks but also thousands upon thousands of disappointed bar takers around the country.

If you are one of those disappointed bar takers, I am sorry you are going through this. I hope these tips will help you get ready to take the bar exam again.

1. Allow yourself to be disappointed. There is no question that this is not the result you had hoped for. Dealing with a bar exam failure may be one of the most challenging things you have gone through in your professional career. Before you can move on and develop a plan, you need to grieve and allow yourself to be upset. For many this process can take a weekend or even a week. However, you cannot allow your disappointment to paralyze you. At a certain point, you need to re-group and move forward. It isn’t easy, but it is necessary.

2. Decide you are going to take the exam again. Although you may be frustrated and feel like studying again is an insurmountable task, you must decide to re-take the exam. Like it or not, the bar exam is the gatekeeper standing between you and your bar license. And you want a bar license. So it is time to commit to taking the bar exam again.

There are some things you want to consider when developing your plan. You want to make sure that you want to take the next bar exam offered. Although taking the next exam is generally my recommendation, there are situations in which waiting to re-take the exam may make the most sense for you.

Also, you may be considering taking the exam in another state. If that is the case, make sure you weigh the pros and cons of this decision. Typically, you want to take the same exam again since you already have tons of knowledge that you can apply to studying for it one more time.

3. Select the right bar review provider for you. If you are studying for the bar exam after a failure, it is important that you are smart about selecting the right bar review provider for you. And you don’t want to study in the exact same way. Something didn’t work the first time, so you need to do a self-evaluation to determine the type of prep that will help you prepare, make the best use of your study time, and help you target your weak areas. You need to consider whether you want to purchase another commercial classroom course, an online course (which gives you more flexibility), a supplemental course (such as one that focuses on just writing or the MBE), or work with a one-on-one tutor.

4. If you are working while studying, make sure you are setting yourself up for success. Often folks find out they have failed the bar exam while working at a new job and they want to keep that job while studying for the bar again. Although I don’t recommend this, it can be done. You definitely need to be smart about how you are studying and likely need to study longer than someone who is going to study full time. Make sure you are realistic about how much time you will study each week. You want to be able to find a balance between your job responsibilities and your need to study and prepare.

5. Be sure you are mentally ready to take it again. I have discussed in previous posts the importance of being mentally ready to take the bar exam. And if you are coming back after a failure, it is critical that you make sure that you are on your best mental game. It is so easy to be self-defeatist. And that type of attitude can self-sabotage your entire bar preparation. So what can you do? You can reach out for help (there are many resources out there—books, blogs, and coaches to help you with this issue so check out Bar Exam Mind and Mind Over Bar). Also, make sure that you incorporate meditation, exercise, and other stress-relieving activities into your bar preparation to help manage stress and anxiety. Many find that they struggle more with anxiety when studying for a second time, so you want to be conscious of this and deal with it moving forward.

I work with students one-on-one, most of whom are taking the bar exam after a failure. I know it is not easy. But if you are dealing with disappointing exam results, know that you can beat this test. It is not a reflection on how smart you are or how great of an attorney you will be. I know a number of smart, accomplished people who failed the bar exam. I am sorry you are going through this, but don’t let the experience paralyze you. Develop a plan to give yourself the best chance at success the next time you take the exam!

Written by Lee Burgess

10 Things 3Ls Should Do

Lee Burgess — Fri, 14 Sep 2012 12:00:02 +0000

Most law students are back starting off a new school year. And for the 3Ls, it is now the countdown to graduation—and the bar exam. Below is my list of 10 things 3Ls should do to set themselves up for bar exam success. So without further ado:

1. Know your graduation requirements.

Graduation is likely 200-plus days away (hard to believe, isn’t it?). That means you have just two more semesters to get all of your graduation requirements out of the way. Do you know what your graduation requirements are? No? Then go visit your law school registrar’s office. You don’t want a requirement to sneak up on you during your last semester (I am talking about you, Mr. Writing Requirement) and be a frustrating end to your academic career.

2. Take bar electives.

Although during your 3L year it may be tempting to take only electives that interest you (yes, these are important too), you want to make sure that you are taking some bar electives. You don’t want to leave a huge amount of law to learn just for the bar exam. Not sure what is tested on the bar exam? Look it up. Make smart decisions to set yourself up for bar exam success.

3. Decide which state you are going to take the bar in.

Although your plans may still be up in the air as to where you are going to settle after law school, it is important to decide where you think you might be taking the bar. That decision is likely to influence other decisions, like which bar provider to choose (different providers are available in different states). Different states also have different passage rates, which may also play into your decision.

4. Find out your state’s admission requirements.

If you know where you are going to sit for the bar exam, look up your state’s admission requirements. The National Conference of Bar Examiners has compiled a PDF with admission information for all jurisdictions available for download. Typically, states include multiple administrative requirements, such as filling out an application or moral character determination, as well as exam requirements, such as the bar exam and likely the Multistate Professional Responsibility Examination (MPRE). You don’t want to be surprised by anything. Do your research and make sure you get everything done in a timely manner.

5. Take the MPRE in November (if you haven’t already).

Earlier this month I posted about five tips for MPRE success. If you didn’t take the August MPRE, please sign up for the November exam. It is critical that you get this exam out of the way. You want to give yourself the opportunity to take it again, if necessary, without risking your admission timeline.

6. Start your admission paperwork.

Most states have some sort of application for bar admission. Some are called “moral character” and some are called just simply an application for admission. Regardless, the application typically requires you to compile massive amounts of information about your life. These forms are incredibly important (and time-consuming). But you must make sure they are accurate and truthful. The last thing you want is for your application to be flagged by the state bar to delay your admission (yes, this does actually happen). In addition, if you have anything of concern in your past that you are going to need to report, it may be wise to seek advice on how to report it to the state bar. And by of concern, I mean issues with a past arrest or even issues with credit or debts. If you have any doubts, you should seek guidance from an expert on reporting such issues. But don’t wait until the last minute to fill this paperwork out! You don’t want it to distract from your bar study or delay your bar admission.

7. Select a bar review provider.

Contrary to what some bar exam providers may tell you, you don’t need to sign up for a bar review course in your first year. It is in the third year that you have the information you need to select a bar review provider that will be right for you. So do your research. There are more options out there than you think. And when you research different providers, look into how the lectures are delivered, how flexible the study schedule is, and what your own individual needs might be. Oh and don’t forget to consider costs. Technology has allowed some providers to offer products at a discount if classes are taken all online. With a little thought and some research, you can make the best decision for you as you go into your bar prep. I also hosted a Twitter chat this week on how to select the best bar review provider for you. You can check out the transcript here.

8. Do some sort of exercise or activity on a regular basis.

Your 3L year can be stressful as will the bar exam prep period. However, you want to make sure you are taking care of yourself and creating good habits for coping with stress that will stay with you during the bar prep season. For many, this is making sure you incorporate some sort of exercise into your schedule. Many law students enjoy taking up yoga because it counts as exercise and relaxation (a two-for-one deal, so to speak). Others are into running or taking exercise classes at a gym. Whatever you do, make a point to make time for something like this. Not only will it be good for you during the year, but you can keep it up during the bar exam (which is good for stress management and staying healthy).

9. Plan a bar trip!

It is never too early to plan a bar trip! A bar trip is a well-honored tradition where bar takers take off immediately after the exam to some exotic (it doesn’t need to be exotic) location to recuperate. Even if cost is a concern, there are still many great trip options that are fun to plan and cost-conscious (just drive somewhere and go camping). Or ask family/friends to donate to a bar trip fund for holidays during your 3L year (or as a graduation gift). Also, if you have a significant other, the bar trip can be something you can look forward to during the bar season (turns out the bar exam can be pretty tough on him/her as well).

10. Do something fun daily at 2:00 in the afternoon.

One of the things I missed most about going to work after my 3L year was the loss of flexibility in my schedule. No more running errands in the middle of the day or taking a 2:00 p.m. jog through the park. So make sure you enjoy this while you can! Sure, 3L year is stressful, but this, for most of us, will be the last time we will be in school. So make the most of it!

Keeping these things in mind will set you up to have a great 3L year and to get your bar license.

Written by Lee Burgess

5 Tips for #MPRE Success

Lee Burgess — Fri, 03 Aug 2012 12:30:01 +0000

What is the MPRE?

Many people forget about the Multistate Professional Responsibility Examination (“MPRE” or “ethics bar”), but it is required for admission in all but four U.S. jurisdictions. The MPRE is a 2 hour and 5 minute, 60 question multiple-choice test on professional responsibility.

The next text is administered a week from today, August 10, 2012. There is also an administration on November 3, April 6, 2013 and August 17, 2013.

Most students take the MPRE during their final year of law school to get the requirement out of the way before the bar exam. Each jurisdiction determines what is a “passing score.” So if you are wondering how “ethical” you need to be, you should check the requirements of your state. The test is administered by the National Conference of Bar Examiners (same folks who administer the MBE). You can read more about the test here.

Tips for MPRE Preparation

Get Study Materials You might be thinking, “Study materials? I need study materials?” Yes you do! Although the MPRE doesn’t have the same reputation as the bar exam in terms of difficulty, you still need to be familiar with the rules tested on the exam. And for most of us, that means we need to study for the test!There are plenty of study materials out there and (unlike the bar exam) many materials are free! Bar providers often give you access to MPRE lectures and materials to win your business later for the bar exam. Check out the free programs from BarMax (my review here) and Kaplan. These materials can be downloaded electronically so even if you are taking the exam next week, you can get materials today! If you have already purchased a bar review course, it is likely they will give you MPRE materials (contact them and find out).
Make Time to Study When I was fifteen years old I went to sit for my written learner’s permit driving test. I had taken driver’s education in school the summer before and I was a pretty good student, so I didn’t think I needed to study. Turns out, I failed. I was devastated (as only as a 15 year old could be). When I told my mom I hadn’t passed she asked me if I had studied the rule book? I admitted that I hadn’t. Then she asked me why I thought I could pass a test based on rules without studying the rules before the test? (Fair point, Mom.) So two weeks later when I went to re-take the test, I had invested a couple of hours reviewing the testing materials. And you know what? I passed with flying colors.The same thing is true for the MPRE. No, you don’t need to study full-time and it isn’t as intense as the bar exam, but you do need to study. How much you need to study is up to you depending on how much you retained from you professional responsibility class in law school or how well you take multiple-choice exams.
But everyone should sit down and actually review the material. Then take a practice test. That will quickly give you insight into how much time you need to spend studying. If the practice test doesn’t go so well, then you may need to put in some additional study time in order to pass the test.
Do Some Practice If you have followed my posts here on Solo Practice University, you know that I believe that the best way to prepare for all things bar exam related is to practice, practice, practice. It is not enough to just listen to lectures or review an outline. There is nothing that can substitute for actually going through the questions.And don’t just answer questions, actively study them. If you get a question right, make sure you got it right for the right reasons. If you got a question wrong, make sure you know why you got it wrong. Make sure you understand (and know) the legal rule being tested. If you don’t know the rule, write it down so you can study it later. You can even purchase a practice test directly from the NCBE if you want additional practice.
You also need to be aware of timing, something that is always an issue with multiple-choice exams. Make sure you set aside some timed practice so you are prepared to manage your time on exam day.
Make Sure You Know the Details of Test Day Although this isn’t as intense of an exam experience as the bar exam, there are still very strict rules as to what you can bring with you to the testing center. In addition, you should think about what to wear to the testing center (something comfortable and in layers) and what to eat before the exam.
Keep Perspective The MPRE should be taken seriously (ethics are an important part of being an attorney) but don’t let anxiety make this exam more difficult than it needs to be. If the worst happens, you can take it again in just a few months. It is important to remember, though, if you mentally go into the exam with a positive perspective, you are likely to do better.

If You Are Taking the MPRE in November or Beyond …

Sign-up for a Professional Responsibility Class at Your Law School Most law schools require you to take a professional responsibility or ethics class during law school. Typically you review many of the rules tested on the MPRE during that class, so it may make sense to take that class prior to sitting for the MPRE.
Use the MPRE to Check-Out Different Bar Providers As mentioned above, the MPRE study process is a great way to test out different bar exam providers, especially if they will give you free access. Remember it is up to you to decide what is the best bar exam preparation option for you. The MPRE is a great way to get more information to make the best decision possible.

But Don’t Wait Too Long to Take the MPRE

Although you will likely pass the MPRE with flying colors (with some studying), you definitely want to take it early enough that you could take it again without delaying your licensing process. For example, if you took the bar exam in July 2012 and the MPRE in August 2012, a failing MPRE score will prevent you from getting your bar license even if you pass the bar exam. There is no reason for the delay! Take this test during your third year of law school and give yourself time to re-take the exam if you need to.

Good luck to those taking the MPRE next week!

Written by Lee Burgess