LAW813FL wrote: 941law wrote:
my review immediately after the exam
now after seeing the question again
941law wrote:Reviews of July 2015 Exam start here:
I wanted to write up a review for the future test takers that will be looking for info in this thread..
(Essays will all be publically released in a few months)
Essay 1: contracts. I'm trying to remember all the issues I heard people mention. Essentially contract formation, termination (revocation), mailbox rule. It was like 3 mini essays as the call of the questions and fact patters weren't related (different lots for sale). Plus an ethical dilemma.
Essay 2: criminal and con law (?). I touched on various charges that could be brought on the defendant (which was the first call of the question). Then I touched on the which pretrial motions would be her defense. You had an insanity issue, suppression of evidence, and suppression of statements, and a Miranda issue. Also how the State would argue back. A major topic in this essay was whether or not the police were able to bust into this house with a warrant and what rights did the defendant have. I got into amendments/con law at this point. Was she protected. Was there an exclusionary rule for her "drug ledger." Fruit of the poisonous tree issue. Did the police have an exigency circumstance to enter the house because they heard a disgruntled "moan." Argued both ways. ANOTHER ethical issue here, crim attorney working for a contingency fee.
Essay 3: Torts. A company/city ignores a product recall on an airbag. Employee dies driving the company car. What is spouses possible actions? Defenses to these actions? And then yet again, list the ethical issues (excessive fee; procedural issues). I went with product liability and negligence as my 2 main actions and comparative negligence as my main defense.
Yay this is a good write up...I definitely didn't do enough on essay 2 but I did decent enough on the rest and all ethics issues to the extent that I'm not that worried about my essay score.
The mbe, however, is making me worry
Lots of issues with the all three ethics questions so a quick breakdown on what I discussed:
Question 1: whether the attorney can take a proprietary interest, if so whether the interest as a fee would be considered excessive
Question 2: Compensation by a third party, contingency fee in crim case as well as excessive fee. Also argued the bonus as a gift to attorney that couldnt be accepted
Question 3: contingency fee being excessive (outside the guidelines). Fraud/misrepresentation for calling 50% a standard attorney fee when it was clearly excessive, and Failure to withdraw; argued attorney would try to recover for work he did over several months but that he should have withdrawn at the wish of client
in all excessive fee analysis I discussed fees in general. I felt like there were a lot of points to gain on the Ethics portions of these questions and i "think" I hit the main points pretty well. Anyone find any other issues?