2015 February California Bar Exam

s1m4
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Re: 2015 February California Bar Exam

Postby s1m4 » Thu Feb 26, 2015 12:29 am

I wrote interpleader as well, but later realized I f***ed up because there was a case which said that when a holder of the property gets conflicting instruction his duty is to either care for the property himself, or to do an interpleader, and have the court care for it. So, instead of interpleader, I think a good answer would have been to hold the property in his care. Also, he would not be sued by the opposing counsel unless he converted the property by transferring the shares. By holding the property in his own care he would satisfy the duties of an escrow holder, as well as satisfy his duties to his client, which both him and the managing partner wanted to do.

However, on the actual exam I freaked out and wrote interpleader for all the reasons you stated. If I only had 30 more minutes!

praying for a 60 for finishing.
Last edited by s1m4 on Thu Feb 26, 2015 12:36 am, edited 1 time in total.

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Judge Philip Banks
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Re: 2015 February California Bar Exam

Postby Judge Philip Banks » Thu Feb 26, 2015 12:30 am

melvinIII wrote:In CA do all contingency agreements need to be in writing? or only if they are worth more than $1,000?

All contingency fee agreements must be in writing. Non-contingency fee agreements need to be in writing unless under $1k, for a corporate client, routine services for regular client, or an emergency. Pretty sure...

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SpAcEmAn SpLiFF
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Re: 2015 February California Bar Exam

Postby SpAcEmAn SpLiFF » Thu Feb 26, 2015 12:35 am

Judge Philip Banks wrote:
melvinIII wrote:In CA do all contingency agreements need to be in writing? or only if they are worth more than $1,000?

All contingency fee agreements must be in writing. Non-contingency fee agreements need to be in writing unless under $1k, for a corporate client, routine services for regular client, or an emergency. Pretty sure...

thanks uncle phil

lawbosscalif
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Re: 2015 February California Bar Exam

Postby lawbosscalif » Thu Feb 26, 2015 12:40 am

melvinIII wrote:In CA do all contingency agreements need to be in writing? or only if they are worth more than $1,000?


Why don't you take two seconds to look up the rule, it seems pretty clear.

When an attorney represents a client on a contingency basis, the fee agreement must be reduced to writing and must be signed by both the attorney and client. (Bus. & Prof. Code §6147(a).)

Gopackgo2010
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Re: 2015 February California Bar Exam

Postby Gopackgo2010 » Thu Feb 26, 2015 12:44 am

redacted
Last edited by Gopackgo2010 on Thu Feb 26, 2015 1:03 am, edited 1 time in total.

CourtneyElizabeth
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Re: 2015 February California Bar Exam

Postby CourtneyElizabeth » Thu Feb 26, 2015 12:55 am

lawbosscalif wrote:
melvinIII wrote:In CA do all contingency agreements need to be in writing? or only if they are worth more than $1,000?


Why don't you take two seconds to look up the rule, it seems pretty clear.


Hey play nice. Some of us are still in panic mode and will be until about 515 pm tomorrow.

BarExamsSuck
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Re: 2015 February California Bar Exam

Postby BarExamsSuck » Thu Feb 26, 2015 12:56 am

ringdabell wrote:
Judge Philip Banks wrote:
ringdabell wrote:On the PT, just wondering if it is OK to write in your real/actual name in the answer?

No, it is not.


shit. really? uh is there penalty for that?


You will likely get dinged for not following directions.

CourtneyElizabeth
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Re: 2015 February California Bar Exam

Postby CourtneyElizabeth » Thu Feb 26, 2015 12:57 am

Gaahh everyone just focus on tomorrow eh?! there is absolutely nothing that can be done about the answers you already put!
I'm sure you all did amazing - you are, after all, on TOP LAW SCHOOLS message board ;)

BarExamsSuck
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Re: 2015 February California Bar Exam

Postby BarExamsSuck » Thu Feb 26, 2015 12:58 am

I thought those MBEs were a LOT easier than in July. I'm hoping to gain some major points in order to make up for what I know I lost on that civ pro essay yesterday.

I'm expecting a Prof Res / Corporations hybrid tomorrow, followed by Con law, then CA Wills.

ringdabell
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Re: 2015 February California Bar Exam

Postby ringdabell » Thu Feb 26, 2015 12:59 am

BarExamsSuck wrote:
ringdabell wrote:
Judge Philip Banks wrote:
ringdabell wrote:On the PT, just wondering if it is OK to write in your real/actual name in the answer?

No, it is not.


shit. really? uh is there penalty for that?


You will likely get dinged for not following directions.


Uh is this based on anything or just your conjecture?

BarExamsSuck
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Re: 2015 February California Bar Exam

Postby BarExamsSuck » Thu Feb 26, 2015 1:10 am

Not straight from the horses mouth, but every professor I've spoken to has reiterated that the testers are grading on your ability to follow directions. I wouldn't worry about it too much though, get through tomorrow first!

melvinIII
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Re: 2015 February California Bar Exam

Postby melvinIII » Thu Feb 26, 2015 1:11 am

Judge Philip Banks wrote:
melvinIII wrote:In CA do all contingency agreements need to be in writing? or only if they are worth more than $1,000?

All contingency fee agreements must be in writing. Non-contingency fee agreements need to be in writing unless under $1k, for a corporate client, routine services for regular client, or an emergency. Pretty sure...


Thanks, that's what I thought but my notes were kind of unclear.


To the guy who posted that he wrote about CA/ABA PR on the PT for the lawyer/client duties prompts I was soooo close to doing that when I saw there was about 45 minutes left and I had nothing for those. I ended up just picking some random rules from the cases and pretending they applied.

Barbarbara
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Re: 2015 February California Bar Exam

Postby Barbarbara » Thu Feb 26, 2015 1:24 am

I didn't apply outside law to PTA. I did what I knew of PR to infer some connections from the cases and rules they gave us though.

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Elms
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Re: 2015 February California Bar Exam

Postby Elms » Thu Feb 26, 2015 1:24 am

BarExamsSuck wrote:
ringdabell wrote:
Judge Philip Banks wrote:
ringdabell wrote:On the PT, just wondering if it is OK to write in your real/actual name in the answer?

No, it is not.


shit. really? uh is there penalty for that?


You will likely get dinged for not following directions.


I disagree. I think it will just be redacted. If it was going to be a major problem I think they would have made a bigger deal out of it in the directions. They are so super careful about making the process appear "fair", grading essays three times if necessary, etc.... I can't imagine they would auto-ding for this without making it VERY clear that they would.

II'm sure this happens frequently. My guess is they redact, roll their eyes, and move on.

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 1:48 am

.
Last edited by esq on Thu Feb 26, 2015 5:03 am, edited 1 time in total.

redblueyellow
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Re: 2015 February California Bar Exam

Postby redblueyellow » Thu Feb 26, 2015 1:56 am

I think this is the first time ever in my life that I'm really feeling burned out.

I'm looking at my book trying to study Trusts and it's not happening. No panic about tomorrow, no feeling of doom, no ability to understand what's on the page, not even sure how to properly study for an essay, etc.

I just want to sleep.

AguasAguas!
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Re: 2015 February California Bar Exam

Postby AguasAguas! » Thu Feb 26, 2015 1:59 am

Right there with you.

esq wrote:Author Message
redblueyellow
  Post subject:  Re: 2015 February California Bar Exam  
I think this is the first time ever in my life that I'm really feeling burned out.

I'm looking at my book trying to study Trusts and it's not happening. No panic about tomorrow, no feeling of doom, no ability to understand what's on the page, not even sure how to properly study for an essay, etc.

I just want to sleep.

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 2:05 am

AguasAguas! wrote:Right there with you.

esq wrote:Author Message
redblueyellow
  Post subject:  Re: 2015 February California Bar Exam  
I think this is the first time ever in my life that I'm really feeling burned out.

I'm looking at my book trying to study Trusts and it's not happening. No panic about tomorrow, no feeling of doom, no ability to understand what's on the page, not even sure how to properly study for an essay, etc.

I just want to sleep.


Irish Whiskey seems to help :wink:

redblueyellow
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Re: 2015 February California Bar Exam

Postby redblueyellow » Thu Feb 26, 2015 2:25 am

Alright, new strategy since I am not capable of actually learning anything right now.

Going to go through old Cal Bar essays and sample essays that I have and attempt to literally just memorize format and content of other people's essays for subjects that might show up tomorrow (aka basically everything that didn't show up on Tuesday) and hope identical scenarios/facts show up so I can just replicate what little I can retain tonight.

I tried to write out a PR essay a little while ago, trying very hard to identify MR/CA distinctions and everything ended up as such:

"Under the ABA, the attorney can still do X activity with client consent. In CA, the attorney may also do the same with informed client consent and signature." or probably the easiest one of them all, "Under the ABA, an attorney is not allowed to have sexual relations with a client unless the sexual relationship existed prior to the legal relationship. In CA, this is permissible, as long as both sides don't get attached and ruin each other's lives."

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esq
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Re: 2015 February California Bar Exam

Postby esq » Thu Feb 26, 2015 2:31 am

CA: Can have sex with client; MR: Can't. What's so hard about that (no pun intended).

Sometimes it helps to just unwind for a bit, maybe play a lecture in the background...easier to retain that at this point.

redblueyellow
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Re: 2015 February California Bar Exam

Postby redblueyellow » Thu Feb 26, 2015 2:36 am

esq wrote:CA: Can have sex with client; MR: Can't. What's so hard about that (no pun intended).

Sometimes it helps to just unwind for a bit, maybe play a lecture in the background...easier to retain that at this point.


Totally got you; I was just writing it out for practice/fun.

I usually memorize with as little words as I can, or I have a string of words that I'll use in a flowy manner so that it just rolls of the tongue as I'm trying to recite it.

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a male human
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Re: 2015 February California Bar Exam

Postby a male human » Thu Feb 26, 2015 4:00 am

6 more hours and you are free!

I will not be free from billing for the foreseeable future.

In fact, you will have a better chance of getting a job if you DON'T pass the bar. How about that? Paralegals are in higher demand and JD advantaged.

Something to keep the pressure off you :)

redblueyellow
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Re: 2015 February California Bar Exam

Postby redblueyellow » Thu Feb 26, 2015 4:21 am

a male human wrote:6 more hours and you are free!

I will not be free from billing for the foreseeable future.

In fact, you will have a better chance of getting a job if you DON'T pass the bar. How about that? Paralegals are in higher demand and JD advantaged.

Something to keep the pressure off you :)


I have an interesting anecdote regarding this. We had a speaker come to our school who was once a paralegal after he passed the bar because he could not find a job as an attorney that was to his liking or paid enough to pay his loans. He tried and tried to get a job as a paralegal, but like you mentioned, had a hard time being taken seriously because of his JD/Esq. He finally just straight up told an interviewer at a major Silicon Valley corporation that he understands that a paralegal position is "beneath" him (in the relative sense); that he looked very diligently to find a well paying job that he would not regret waking up for in the morning; and that while the paralegal job paid about $10k less than the last interview he went to, it would not "kill my body and soul to work in [redacted] field for the rest of my life."

The interviewer was so blown away by his IDGAF attitude, that he hired him on the spot as his paralegal. Paralegal then slaved away for a couple years, applied for a transactional attorney position in the company (I think he said that the minimum requirements were 5-7 biglaw experience, whereas he only had 2 years of paralegal experience), but ended up getting the position after the interviewer went to bat for him *when he was in the middle of a deposition in Dubai*.

I wouldn't mind that.

aretoodeetoo
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Re: 2015 February California Bar Exam

Postby aretoodeetoo » Thu Feb 26, 2015 8:23 am

I wish it were just six hours. But it's actually three hours of testing (x2), an hour of some old dude reading instructions in an old ass way (x2), and an hour of getting into a human traffic jam (going in, coming out, going in, coming out). And if you drive from San Jose, we're looking at another 1.5 hours each way. Can't wait for this shit to end.

Super tired. Super annoyed. Never felt this pissy while studying. Fucking annoyed.

In short, I'm feeling burned out too. I felt burned out during 1L though, like worse than this but today was unpleasant. I probably should have actually bubbled during practice MBEs. Didn't sleep great, I may be a mess.

aretoodeetoo
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Re: 2015 February California Bar Exam

Postby aretoodeetoo » Thu Feb 26, 2015 8:50 am

The old curveball IDGAF/going to be straight honest with you interview is pretty hard to pull off. I used to swear by it because I thought it made you stand out. Might be true for not-an-attorney. The paralegal route, as a friend tells me, is riddled with sezzy girls who are also organized. I expect to pass. If I don't, I know I'm done taking exams. Fck it.

redblueyellow wrote:
a male human wrote:6 more hours and you are free!

I will not be free from billing for the foreseeable future.

In fact, you will have a better chance of getting a job if you DON'T pass the bar. How about that? Paralegals are in higher demand and JD advantaged.

Something to keep the pressure off you :)


I have an interesting anecdote regarding this. We had a speaker come to our school who was once a paralegal after he passed the bar because he could not find a job as an attorney that was to his liking or paid enough to pay his loans. He tried and tried to get a job as a paralegal, but like you mentioned, had a hard time being taken seriously because of his JD/Esq. He finally just straight up told an interviewer at a major Silicon Valley corporation that he understands that a paralegal position is "beneath" him (in the relative sense); that he looked very diligently to find a well paying job that he would not regret waking up for in the morning; and that while the paralegal job paid about $10k less than the last interview he went to, it would not "kill my body and soul to work in [redacted] field for the rest of my life."

The interviewer was so blown away by his IDGAF attitude, that he hired him on the spot as his paralegal. Paralegal then slaved away for a couple years, applied for a transactional attorney position in the company (I think he said that the minimum requirements were 5-7 biglaw experience, whereas he only had 2 years of paralegal experience), but ended up getting the position after the interviewer went to bat for him *when he was in the middle of a deposition in Dubai*.

I wouldn't mind that.




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