Themis Bar Review Hangout - July 2016 Forum

[Easy-E]

Confused by a Trusts AQ.

Regarding possibility of reverter, it says this is true:

"It occurs when the right to possession reverts to the settlor upon the happening of a certain event or condition"

Doesn't this describe a fee simple subject to condition subsequent, which is followed by right of entry and not possibility of reverter?

[Rahviveh]

How much time do you guys usually have left after finishing a set?

[TLSModBot]

How much time do you guys usually have left after finishing a set?

I'm usually taking about 60% of the time for each set of any given size.

[Chardee_MacDennis]

How much time do you guys usually have left after finishing a set?

After the AM session today, I had about 50 mins remaining.

[BigZuck]

How much time do you guys usually have left after finishing a set?

I'm usually taking about 60% of the time for each set of any given size.

Me toosies, about a minute per question, give or take

Although I have slowed down a bit and my percentage correct has gone up so I think I was making dumb mistakes before by reading too fast. Also, so far on my simulated MBE today I've taken about 1:30 per question (which included a break to walk around)

[Fivedham]

How much time do you guys usually have left after finishing a set?

On the MBE morning session, I had something like 15 minutes remaining. So I was slower than I usually am on the 50-problem sets, but I still had comfortable space.

[BostonCeltics]

Has anybody had issues with submitting answers on MBE practice sets? I've been getting an error message saying: "There was an error saving the answer selection." which is annoyingly preventing me from submitting answers while the clock continues to wind down. I've already had to quit and re-start this current set twice.

[Vantwins]

Has anybody had issues with submitting answers on MBE practice sets? I've been getting an error message saying: "There was an error saving the answer selection." which is annoyingly preventing me from submitting answers while the clock continues to wind down. I've already had to quit and re-start this current set twice.

I haven't had that yet (knock on wood), I do quite often have a lag where 10 seconds or so keep counting down after I press submit before it actually submits.

[1down1togo]

Has anybody had issues with submitting answers on MBE practice sets? I've been getting an error message saying: "There was an error saving the answer selection." which is annoyingly preventing me from submitting answers while the clock continues to wind down. I've already had to quit and re-start this current set twice.

If you're in chrome hit refresh and you won't have to exit out

[Easy-E]

[+] Spoiler

A telecommunications company retained a lawyer to represent it in a commercial dispute in which it was the plaintiff. The fee agreement provided that the lawyer would bill the company on an hourly basis but would not collect anything except costs “unless and until the telecommunications company received a recovery or settlement in the action.” Due to disagreements with the lawyer’s strategy for the trial, the telecommunications company discharged the lawyer and hired a new law firm on a contingency basis to represent it in the case. The company was ultimately awarded a large judgment. The original lawyer sued the company for her uncollected fees. The company denied owing the lawyer anything, asserting that no money was due yet because the judgment had not actually been collected.

The lawyer wants to introduce evidence that the judgment has been collected by showing disbursements from the new law firm’s trust account to the telecommunications company.

Is this evidence admissible?
A No, because the evidence is protected by the attorney-client privilege.
B No, because the evidence is irrelevant.
C Yes, because the evidence does not constitute a confidential communication covered by the attorney-client privilege.
D Yes, because the attorney-client privilege does not apply to disputes between the client and the attorney.

So B is correct, and I understand why. I only got it wrong because I basically guessed between C and D. I don't get why D isn't also correct. According to Themis:

Answer choice D is incorrect. The privilege does not apply because proof of disbursement is not a confidential communication. In any event, while there is an exception to attorney-client privilege when there is a dispute between the attorney and the client, the dispute at issue is between the company and the original lawyer, not the company and the law firm.

Something just doesn't seem right to me. So if you have a fee dispute with a current client (which I don't see happening),it's an exception to attorney-client privilege. But if you have a fee dispute with a former client, which seems WAY more likely, it doesn't apply? Again, I totally see why C is right, but this is just bothering me.

In any case, got my highest score yet on a mixed MBE set. 50 question sets are rough, not looking forward to the full practice exam tomorrow. Still, really happy with my performance on this set. Gotta stop tricking myself out of the obvious, right answer.

[drs36]

[+] Spoiler

A telecommunications company retained a lawyer to represent it in a commercial dispute in which it was the plaintiff. The fee agreement provided that the lawyer would bill the company on an hourly basis but would not collect anything except costs “unless and until the telecommunications company received a recovery or settlement in the action.” Due to disagreements with the lawyer’s strategy for the trial, the telecommunications company discharged the lawyer and hired a new law firm on a contingency basis to represent it in the case. The company was ultimately awarded a large judgment. The original lawyer sued the company for her uncollected fees. The company denied owing the lawyer anything, asserting that no money was due yet because the judgment had not actually been collected.

The lawyer wants to introduce evidence that the judgment has been collected by showing disbursements from the new law firm’s trust account to the telecommunications company.

Is this evidence admissible?
A No, because the evidence is protected by the attorney-client privilege.
B No, because the evidence is irrelevant.
C Yes, because the evidence does not constitute a confidential communication covered by the attorney-client privilege.
D Yes, because the attorney-client privilege does not apply to disputes between the client and the attorney.

So B is correct, and I understand why. I only got it wrong because I basically guessed between C and D. I don't get why D isn't also correct. According to Themis:

Answer choice D is incorrect. The privilege does not apply because proof of disbursement is not a confidential communication. In any event, while there is an exception to attorney-client privilege when there is a dispute between the attorney and the client, the dispute at issue is between the company and the original lawyer, not the company and the law firm.

Something just doesn't seem right to me. So if you have a fee dispute with a current client (which I don't see happening),it's an exception to attorney-client privilege. But if you have a fee dispute with a former client, which seems WAY more likely, it doesn't apply? Again, I totally see why C is right, but this is just bothering me.

D is wrong because the issue involves the new attorney's communication with its client, not any privileged communication between old attorney and client. If it was confidential, the privilege would apply between new firm and client, and old attorney couldn't get at it. Basically, it boils down to whether the disbursement from new attorney to client is a confidential communication. If so, old attorney cannot use it. If not, old attorney may use it. It's not confidential, so old attorney can use it.[/spoiler]

[NoLongerALurker]

Confused by a Trusts AQ.

Regarding possibility of reverter, it says this is true:

"It occurs when the right to possession reverts to the settlor upon the happening of a certain event or condition"

Doesn't this describe a fee simple subject to condition subsequent, which is followed by right of entry and not possibility of reverter?

I think both of them depend on a condition, but a fee simple determinable automatically reverts (as in the question) whereas a fee simple subject to condition subsequent requires the settlor to actually trigger the possession reverting (aka, "it occurs when the right to possession reverts to the settlor upon the settlor taking steps to establish possession after the happening of a certain event or condition.)

[Easy-E]

[+] Spoiler

A telecommunications company retained a lawyer to represent it in a commercial dispute in which it was the plaintiff. The fee agreement provided that the lawyer would bill the company on an hourly basis but would not collect anything except costs “unless and until the telecommunications company received a recovery or settlement in the action.” Due to disagreements with the lawyer’s strategy for the trial, the telecommunications company discharged the lawyer and hired a new law firm on a contingency basis to represent it in the case. The company was ultimately awarded a large judgment. The original lawyer sued the company for her uncollected fees. The company denied owing the lawyer anything, asserting that no money was due yet because the judgment had not actually been collected.

The lawyer wants to introduce evidence that the judgment has been collected by showing disbursements from the new law firm’s trust account to the telecommunications company.

Is this evidence admissible?
A No, because the evidence is protected by the attorney-client privilege.
B No, because the evidence is irrelevant.
C Yes, because the evidence does not constitute a confidential communication covered by the attorney-client privilege.
D Yes, because the attorney-client privilege does not apply to disputes between the client and the attorney.

So B is correct, and I understand why. I only got it wrong because I basically guessed between C and D. I don't get why D isn't also correct. According to Themis:

Answer choice D is incorrect. The privilege does not apply because proof of disbursement is not a confidential communication. In any event, while there is an exception to attorney-client privilege when there is a dispute between the attorney and the client, the dispute at issue is between the company and the original lawyer, not the company and the law firm.

Something just doesn't seem right to me. So if you have a fee dispute with a current client (which I don't see happening),it's an exception to attorney-client privilege. But if you have a fee dispute with a former client, which seems WAY more likely, it doesn't apply? Again, I totally see why C is right, but this is just bothering me.

D is wrong because the issue involves the new attorney's communication with its client, not any privileged communication between old attorney and client. If it was confidential, the privilege would apply between new firm and client, and old attorney couldn't get at it. Basically, it boils down to whether the disbursement from new attorney to client is a confidential communication. If so, old attorney cannot use it. If not, old attorney may use it. It's not confidential, so old attorney can use it.[/spoiler]

Ahhhhhhhhh shit. I see. Thanks.

[ultimolugar]

I got a 58% on the Florida Simulated Multi-State. I think I'm going to fail this Bar Exam.

The multi-state or the FL MC? This is unclear.

This is the lawyerly version of a YouTube comment where the reply is to correct another user's grammatical mistake. Yesterday, when I posted this, was the Simulated Exam for Florida. Today is the simulated multi-state. There are enough contextual clues for you not to be confused. Interestingly enough, many many people replied but where not as confused as you were. Also, since you are in Florida, you probably knew the Themis schedule for simulated MBE and Florida portion dates.

Anyways, it's very strange that you would be confused. Something is definitely going on. In any event, what score did you get?

No need to be testy. Some people on this thread completed the MBE portion before it was open, on paper. It is quite possible you could have meant one or the other.

[ultimolugar]

I got a 58% on the Florida Simulated Multi-State. I think I'm going to fail this Bar Exam.

The multi-state or the FL MC? This is unclear.

This is the lawyerly version of a YouTube comment where the reply is to correct another user's grammatical mistake. Yesterday, when I posted this, was the Simulated Exam for Florida. Today is the simulated multi-state. There are enough contextual clues for you not to be confused. Interestingly enough, many many people replied but where not as confused as you were. Also, since you are in Florida, you probably knew the Themis schedule for simulated MBE and Florida portion dates.

Anyways, it's very strange that you would be confused. Something is definitely going on. In any event, what score did you get?

You seem like a real chill guy

Totally.

[Chardee_MacDennis]

Holy shit are my eyes ready to bleed out after staring at my computer screen all day

[Vantwins]

When you guys take the mixed PQ, which mode do you take it in?

I've been taking them in test mode recently just because I power through so much quicker. Otherwise, every time I stop and read the explanation my brain decides it's time for a break and I end up checking emails/texts too. It's better for me to keep going straight through and then check the answers even though it sometimes adds a few moments to remember the question before I read the explanation. But if you don't have that problem, no worries!

[Fivedham]

Frantically searches TLS threads from 2015 to find out what a passing MBE score looked like

Does anyone know what the MBE review lectures are gonna be like?

[BigZuck]

Frantically searches TLS threads from 2015 to find out what a passing MBE score looked like

Does anyone know what the MBE review lectures are gonna be like?

Themis "proctor" at the simulated exam I did today said it's helpful, things like "On these types of questions, look out for this" which would be kind of amazing if true because Themis is super lacking in that department IMO

So what were we trying to get in terms of a score today? Anything over 120?

[kay2016]

Frantically searches TLS threads from 2015 to find out what a passing MBE score looked like

Does anyone know what the MBE review lectures are gonna be like?

saw this posted in another thread from last year's group
https://docs.google.com/spreadsheets/d/ ... edit#gid=0

[Chardee_MacDennis]

Frantically searches TLS threads from 2015 to find out what a passing MBE score looked like

Does anyone know what the MBE review lectures are gonna be like?

Themis "proctor" at the simulated exam I did today said it's helpful, things like "On these types of questions, look out for this" which would be kind of amazing if true because Themis is super lacking in that department IMO

So what were we trying to get in terms of a score today? Anything over 120?

Themis has a target of b/t 110-120 for today

[kay2016]

I'm saving the simulated exam until next week because I wanted more time to review everything since i just finished the MEE subjects over the weekend... But I finally started the mixed sets, and i'm sure this is on purpose but I got 35/50 right and it has tremendously helped my ability to think maybe I will be in a position to pass this thing after all.

[livinlaw]

Frantically searches TLS threads from 2015 to find out what a passing MBE score looked like

Does anyone know what the MBE review lectures are gonna be like?

Themis "proctor" at the simulated exam I did today said it's helpful, things like "On these types of questions, look out for this" which would be kind of amazing if true because Themis is super lacking in that department IMO

So what were we trying to get in terms of a score today? Anything over 120?

Themis has a target of b/t 110-120 for today

Where do you see that? I only see the average scores of 64% for the AM and 61% for the PM?

[Chardee_MacDennis]

Frantically searches TLS threads from 2015 to find out what a passing MBE score looked like

Does anyone know what the MBE review lectures are gonna be like?

Themis "proctor" at the simulated exam I did today said it's helpful, things like "On these types of questions, look out for this" which would be kind of amazing if true because Themis is super lacking in that department IMO

So what were we trying to get in terms of a score today? Anything over 120?

Themis has a target of b/t 110-120 for today

Where do you see that? I only see the average scores of 64% for the AM and 61% for the PM?

On the home screen, after clicking the link for either session and before clicking Begin, the prompt, at the bottom said that was where students should expect to be at this point

[ndp1234]

Why can't they give us a combined percentage for the Simulated? I know we can just calculate it, but still annoying that they split it up. I want to know if my overall is better than the average overall, rather than for each AM and PM section