NY Bar Feb Exam: Support Group Forum

[iwantmybar]

Yeah something like WC + contribution from a third party or no fault with a grave injury ...

But you guys should not freak out about the essays, truly. I wasn't really that prepared last July and I did OK on the essays part. Plus i'm a foreigner and my english writing ability is obviously lower than yours and my ability to bullshit in full speed mode is less efficient so you shouldn't worry that much.

I think we should all focus on the MBE in order to get 130 raw which would be very safe.

[Ineedhelpplease]

Seeking some advise from those who took the test in July about Civil Procedure questions. I stopped at like 90 total questions (I was at about a 48% accuracy clip on Adaptibar - unbelievably bad on them) and have only read through my outline once and critical pass cards once for the subject.

On every other subject, I was at about 76%. But I am completely clueless on what the gameplan should be for civil procedure.

Thanks in advance.

[gtg]

A few questions (dumb ones I know): can we use a mechanical pencil on day 1? And we don't need laptops for day 2, we'll be using scantrons right?

[z0rk]

A few questions (dumb ones I know): can we use a mechanical pencil on day 1? And we don't need laptops for day 2, we'll be using scantrons right?

Here are the exam day security policies, which also address these questions: http://www.nybarexam.org/Docs/secpolicy.pdf

To briefly answer (though please review the policies, they may answer other questions you have), (1) mechanical pencils may not be used for the MBE, however it seems ok to use them to mark up your essays. I suggest getting some pencils and a sharpener at your local drug store and just planning to com with those. (2) Day two is the MBE, no laptops are allowed/necessary as you will be entering your answers on a scantron.

[iwantmybar]

Just went to CVS in Albany...and I saw one pack of zip lock gallon bag opened on the shelf. Looked like one really unethical lawyer stole one gallon bag hehe, it made me laugh.

Anyway, I have a quick question regarding retainer agreement. Are they allowed for domestic relations cases? What exactly is the difference with contingent fee agreement? Sorry for the question but I can"t distinguish the two... thanks so much

[z0rk]

Just went to CVS in Albany...and I saw one pack of zip lock gallon bag opened on the shelf. Looked like one really unethical lawyer stole one gallon bag hehe, it made me laugh.

Anyway, I have a quick question regarding retainer agreement. Are they allowed for domestic relations cases? What exactly is the difference with contingent fee agreement? Sorry for the question but I can"t distinguish the two... thanks so much

Going off the top of my head here, so folks chime in if I am wrong:

Retainer Agreement:a retainer agreement is basically an upfront payment held in a lawyer's escrow account. Funds are deducted from the retainer agreement as bills are issued to the client, and if there are no disputes as to payment. For example: Lawyer A represents client B. B signs a letter of engagement that defines the scope of representation, and stipulates that B will provide a $20,000 retainer. The letter further stipulates that A will bill B on a monthly basis. A provides bills to B, and, absent any objection as to the amount owed, B can deduct the amount of the bills from the retainer. I do not think there are limitations on use of a retainer agreement, so long as it is spelled out in the letter of engagement and agreed to by the client. Any unused retainer amount MUST be returned to the client within a reasonable period after the conclusion of the matter, or termination of the lawyer by the client.

Contingency Fee: a contingency fee, unlike a retainer agreement, does not provide any up front capital by the client. Instead, a lawyer and a client agree that if the lawyer achieves a certain outcome the lawyer is entitled to a certain percentage of the award. These types of agreements are prohibitted in criminal matters and family law matters. They most often manifest in plaintiff's side litigation (torts, employment law). To be valid, a contingency fee agreement must be provided in writing and it must provide the client with notice of the amount a lawyer will receive in the event of success. Moreover, the fee cannot be excessive. There are no hard and fast rules as to what constitutes "excessive," and thus courts will look to the customary contingency fee agreements in the profession as well as the severity of the claims and the time expensed by the lawyer in the litigation. Finally, where a lawyer and client enter into a contingency fee agreement and the lawyer also agrees to advance litigation costs, the lawyer must first deduct the costs from the total award before calculating the agreement. For example, the lawyer has a 10% contingency fee agreement. He spends $10k in litigation costs (filing fees, process server fees, postage, court reporters, travel, etc.), and wins a $100k judgment. The lawyer has to deduct the $10k expensed before calculating his fee: $100k-$10k= $90k x 10% =$9k contingecy fee.

I hope this helps.

[iwantmybar]

Just went to CVS in Albany...and I saw one pack of zip lock gallon bag opened on the shelf. Looked like one really unethical lawyer stole one gallon bag hehe, it made me laugh.

Anyway, I have a quick question regarding retainer agreement. Are they allowed for domestic relations cases? What exactly is the difference with contingent fee agreement? Sorry for the question but I can"t distinguish the two... thanks so much

Going off the top of my head here, so folks chime in if I am wrong:

Retainer Agreement:a retainer agreement is basically an upfront payment held in a lawyer's escrow account. Funds are deducted from the retainer agreement as bills are issued to the client, and if there are no disputes as to payment. For example: Lawyer A represents client B. B signs a letter of engagement that defines the scope of representation, and stipulates that B will provide a $20,000 retainer. The letter further stipulates that A will bill B on a monthly basis. A provides bills to B, and, absent any objection as to the amount owed, B can deduct the amount of the bills from the retainer. I do not think there are limitations on use of a retainer agreement, so long as it is spelled out in the letter of engagement and agreed to by the client. Any unused retainer amount MUST be returned to the client within a reasonable period after the conclusion of the matter, or termination of the lawyer by the client.

Contingency Fee: a contingency fee, unlike a retainer agreement, does not provide any up front capital by the client. Instead, a lawyer and a client agree that if the lawyer achieves a certain outcome the lawyer is entitled to a certain percentage of the award. These types of agreements are prohibitted in criminal matters and family law matters. They most often manifest in plaintiff's side litigation (torts, employment law). To be valid, a contingency fee agreement must be provided in writing and it must provide the client with notice of the amount a lawyer will receive in the event of success. Moreover, the fee cannot be excessive. There are no hard and fast rules as to what constitutes "excessive," and thus courts will look to the customary contingency fee agreements in the profession as well as the severity of the claims and the time expensed by the lawyer in the litigation. Finally, where a lawyer and client enter into a contingency fee agreement and the lawyer also agrees to advance litigation costs, the lawyer must first deduct the costs from the total award before calculating the agreement. For example, the lawyer has a 10% contingency fee agreement. He spends $10k in litigation costs (filing fees, process server fees, postage, court reporters, travel, etc.), and wins a $100k judgment. The lawyer has to deduct the $10k expensed before calculating his fee: $100k-$10k= $90k x 10% =$9k contingecy fee.

I hope this helps.

Hi

Yeah It really helped me, thanks for taking your time to answer me

[iwantmybar]

I hope it went well for everyone.

One more day guys, we'll do it.

Personally, I know I missed a couple of issues but no worries i think everyone did so stay focus and dont think too much about the essays.

Last july I was pissed off at the essays, especially the one about admin law, turned out I got a passing grade so don't freak out it could turn very well

Don't forget to upload your essays please.

[anshulkalra]

Missed 5 multiple choice question on the NYMC - feel awful about that.

[FeraFera]

Missed 5 multiple choice question on the NYMC - feel awful about that.

This is a joke? If not, it really really doesn't matter, even if you mean you didn't even bubble them in.

[iwantmybar]

Missed 5 multiple choice question on the NYMC - feel awful about that.

I was running out of time too but 5 is ok, I didn't have time to bubble 7 of them.

It's ok !

[Ineedhelpplease]

I answered all cs on the NYMC, I planned it that way before hand. Those essays were freaking cake, my dumbs didn't give myself enough time because I wrote too much. Go figure, biggest fear not having anything to write - end up writing way to much.

MPT - is the stupidest thing ever created. Here's to a nice scaled score - and getting a nice MBE score.

Good luck to all

[gtg]

I answered all cs on the NYMC, I planned it that way before hand. Those essays were freaking cake, my dumbs didn't give myself enough time because I wrote too much. Go figure, biggest fear not having anything to write - end up writing way to much.

MPT - is the stupidest thing ever created. Here's to a nice scaled score - and getting a nice MBE score.

Good luck to all

what's "cs"? lol

[iwantmybar]

He only answered "c".

[gtg]

He only answered "c".

Like he didn't do the MC and just answered C? Ok I see.

[Flowerpower1004]

What did you guys think of the Essays?

[NY_Sea]

What did you guys think of the Essays?

I feel so much better about them than today...

[Flowerpower1004]

I hear you! There were so many questions when I was between two answer choices.

[iwantmybar]

What did you guys think of the Essays?

The essays were pretty straightforward. I missed a couple of issues like totten trust (I said it was irrevocable because it is the rule in NY ) , the one about arson was very disorganised etc but I did much better than last July. Also I think I applied the wrong test for the conflict of law issue.

I hope i'll be able to get 50 for each essay but when I think about the numbers of issues I missed i'm not sure ! I really hope to get good grades on the essays because I'm bad at the MBE.

Concerning the MBE...i feel better than last july but like I said on the mbe topic, I can"t say If I will get 115 scaled or 135. Or a poor 125.

Anyway, I did much better, I really hope to pass. If I fail it will be by 10 points max I think.

If I fail by more than 10 or 20 points, I won't take the exam anymore, I really did my best and can't do better so if I get a 634, meh.

[starryski]

What did you guys think of the Essays?

The essays were pretty straightforward. I missed a couple of issues like totten trust (I said it was irrevocable because it is the rule in NY ) , the one about arson was very disorganised etc but I did much better than last July. Also I think I applied the wrong test for the conflict of law issue.

I hope i'll be able to get 50 for each essay but when I think about the numbers of issues I missed i'm not sure ! I really hope to get good grades on the essays because I'm bad at the MBE.

Concerning the MBE...i feel better than last july but like I said on the mbe topic, I can"t say If I will get 115 scaled or 135. Or a poor 125.

Anyway, I did much better, I really hope to pass. If I fail it will be by 10 points max I think.

If I fail by more than 10 or 20 points, I won't take the exam anymore, I really did my best and can't do better so if I get a 634, meh.

i completely missed the trusts thing. (meaning i defined it but didn't know much about life time trusts or adopted-out children) i didn't really study that. and power of attorney? ugh. all other 4 essays ok. was the crim stuff supposed to be easy?

[mikefichera]

What did you guys think of the Essays?

The essays were pretty straightforward. I missed a couple of issues like totten trust (I said it was irrevocable because it is the rule in NY ) , the one about arson was very disorganised etc but I did much better than last July. Also I think I applied the wrong test for the conflict of law issue.

I hope i'll be able to get 50 for each essay but when I think about the numbers of issues I missed i'm not sure ! I really hope to get good grades on the essays because I'm bad at the MBE.

Concerning the MBE...i feel better than last july but like I said on the mbe topic, I can"t say If I will get 115 scaled or 135. Or a poor 125.

Anyway, I did much better, I really hope to pass. If I fail it will be by 10 points max I think.

If I fail by more than 10 or 20 points, I won't take the exam anymore, I really did my best and can't do better so if I get a 634, meh.

i completely missed the trusts thing. i didn't really study that. and power of attorney? ugh. all other 4 essays ok. was the crim stuff supposed to be easy?

I missed that it was a totten trust, just totally overlooked that when I saw that it was silent on the issue of revocability I just presumed the general rule applied. I also messed up that the residuary devise was a pour-over will, again just an oversight. The Criminal section which is normally a strong suit of mine I found pretty difficult. I put the correct rule for arson (albeit i listed it as 4th degree instead of 3rd) and conspiracy, learning today, has multiple degrees, didn't know that. Also messed up evaluating renunciation as a defense; I thought it was valid if he renounces his participation and takes substantial acts to prevent the conspiracy, apparently; he needs to actually prevent the conspiracy. What sucks is I spent alot of time on that one, and didn't really get to finish the corporations/contract one that I knew very well. I fudged the ny choice of law but ultimately got it correct, total luck truthfully, I just remembered that NY choice of law has some numier or wahtever factors. then just said all the parties are domiciled in ny so ny has an interest in applying their law. the first essay was very easy, (equitable distribution, enforcement of restrictive covenants);

Just hoping it's enough to get me by.

[starryski]

What did you guys think of the Essays?

The essays were pretty straightforward. I missed a couple of issues like totten trust (I said it was irrevocable because it is the rule in NY ) , the one about arson was very disorganised etc but I did much better than last July. Also I think I applied the wrong test for the conflict of law issue.

I hope i'll be able to get 50 for each essay but when I think about the numbers of issues I missed i'm not sure ! I really hope to get good grades on the essays because I'm bad at the MBE.

Concerning the MBE...i feel better than last july but like I said on the mbe topic, I can"t say If I will get 115 scaled or 135. Or a poor 125.

Anyway, I did much better, I really hope to pass. If I fail it will be by 10 points max I think.

If I fail by more than 10 or 20 points, I won't take the exam anymore, I really did my best and can't do better so if I get a 634, meh.

i completely missed the trusts thing. i didn't really study that. and power of attorney? ugh. all other 4 essays ok. was the crim stuff supposed to be easy?

I missed that it was a totten trust, just totally overlooked that when I saw that it was silent on the issue of revocability I just presumed the general rule applied. I also messed up that the residuary devise was a pour-over will, again just an oversight. The Criminal section which is normally a strong suit of mine I found pretty difficult. I put the correct rule for arson (albeit i listed it as 4th degree instead of 3rd) and conspiracy, learning today, has multiple degrees, didn't know that. Also messed up evaluating renunciation as a defense; I thought it was valid if he renounces his participation and takes substantial acts to prevent the conspiracy, apparently; he needs to actually prevent the conspiracy. What sucks is I spent alot of time on that one, and didn't really get to finish the corporations/contract one that I knew very well. I fudged the ny choice of law but ultimately got it correct, total luck truthfully, I just remembered that NY choice of law has some numier or wahtever factors. then just said all the parties are domiciled in ny so ny has an interest in applying their law. the first essay was very easy, (equitable distribution, enforcement of restrictive covenants);

Just hoping it's enough to get me by.

same here for all except the totten trust (was it really pour over? i said no to the letter because it was not executed properly aka not a codicil) i just spilled everything i knew about interested directors/contracts for that one. renunciation i called withdrawal (does that work?) essay 4 was my strongest. i work in a pi firm (7 years) and knew all about that. maybe that will save me.

[mikefichera]

Yeah, essay 4 was solid for me too I think, I don't remember all the parts, one was denying the change of venue; which was improper (correct me if i'm wrong), i also think they asked about damages, (joint and several liability, comparitive neg, can't make full claim of damages of non-economic loss if less than >50 liable.

Also found the wording on the question pertaining to the amount of damages a little unclear. "assuming she makes a claim against mechanic for the maximum amount of damages, how much would he be entitled to contribution" not sure if that means they don't apply the law or what.

I hadn't a clue on the notice of admit though; simply didn't even know what it was.

[bwy33]

What did you guys think of the Essays?

The essays were pretty straightforward. I missed a couple of issues like totten trust (I said it was irrevocable because it is the rule in NY ) , the one about arson was very disorganised etc but I did much better than last July. Also I think I applied the wrong test for the conflict of law issue.

I hope i'll be able to get 50 for each essay but when I think about the numbers of issues I missed i'm not sure ! I really hope to get good grades on the essays because I'm bad at the MBE.

Concerning the MBE...i feel better than last july but like I said on the mbe topic, I can"t say If I will get 115 scaled or 135. Or a poor 125.

Anyway, I did much better, I really hope to pass. If I fail it will be by 10 points max I think.

If I fail by more than 10 or 20 points, I won't take the exam anymore, I really did my best and can't do better so if I get a 634, meh.

i completely missed the trusts thing. i didn't really study that. and power of attorney? ugh. all other 4 essays ok. was the crim stuff supposed to be easy?

I missed that it was a totten trust, just totally overlooked that when I saw that it was silent on the issue of revocability I just presumed the general rule applied. I also messed up that the residuary devise was a pour-over will, again just an oversight. The Criminal section which is normally a strong suit of mine I found pretty difficult. I put the correct rule for arson (albeit i listed it as 4th degree instead of 3rd) and conspiracy, learning today, has multiple degrees, didn't know that. Also messed up evaluating renunciation as a defense; I thought it was valid if he renounces his participation and takes substantial acts to prevent the conspiracy, apparently; he needs to actually prevent the conspiracy. What sucks is I spent alot of time on that one, and didn't really get to finish the corporations/contract one that I knew very well. I fudged the ny choice of law but ultimately got it correct, total luck truthfully, I just remembered that NY choice of law has some numier or wahtever factors. then just said all the parties are domiciled in ny so ny has an interest in applying their law. the first essay was very easy, (equitable distribution, enforcement of restrictive covenants);

Just hoping it's enough to get me by.

same here for all except the totten trust (was it really pour over? i said no to the letter because it was not executed properly aka not a codicil) i just spilled everything i knew about interested directors/contracts for that one. renunciation i called withdrawal (does that work?) essay 4 was my strongest. i work in a pi firm (7 years) and knew all about that. maybe that will save me.

-----------
Please correct me if I am wrong, but I thought Totten trust was not an issue. Thats when a depositor opens up a bank account in the beneficiary's name... Instead I thought it was a lifetime trust that is by default irrevocable/unamendable unless trust expressly reserves such right in the trust. And also all beneficiaries must coonsent to amend... I thought that was what the question was asking

[NY_Sea]

What did you guys think of the Essays?

The essays were pretty straightforward. I missed a couple of issues like totten trust (I said it was irrevocable because it is the rule in NY ) , the one about arson was very disorganised etc but I did much better than last July. Also I think I applied the wrong test for the conflict of law issue.

I hope i'll be able to get 50 for each essay but when I think about the numbers of issues I missed i'm not sure ! I really hope to get good grades on the essays because I'm bad at the MBE.

Concerning the MBE...i feel better than last july but like I said on the mbe topic, I can"t say If I will get 115 scaled or 135. Or a poor 125.

Anyway, I did much better, I really hope to pass. If I fail it will be by 10 points max I think.

If I fail by more than 10 or 20 points, I won't take the exam anymore, I really did my best and can't do better so if I get a 634, meh.

i completely missed the trusts thing. i didn't really study that. and power of attorney? ugh. all other 4 essays ok. was the crim stuff supposed to be easy?

I missed that it was a totten trust, just totally overlooked that when I saw that it was silent on the issue of revocability I just presumed the general rule applied. I also messed up that the residuary devise was a pour-over will, again just an oversight. The Criminal section which is normally a strong suit of mine I found pretty difficult. I put the correct rule for arson (albeit i listed it as 4th degree instead of 3rd) and conspiracy, learning today, has multiple degrees, didn't know that. Also messed up evaluating renunciation as a defense; I thought it was valid if he renounces his participation and takes substantial acts to prevent the conspiracy, apparently; he needs to actually prevent the conspiracy. What sucks is I spent alot of time on that one, and didn't really get to finish the corporations/contract one that I knew very well. I fudged the ny choice of law but ultimately got it correct, total luck truthfully, I just remembered that NY choice of law has some numier or wahtever factors. then just said all the parties are domiciled in ny so ny has an interest in applying their law. the first essay was very easy, (equitable distribution, enforcement of restrictive covenants);

Just hoping it's enough to get me by.

same here for all except the totten trust (was it really pour over? i said no to the letter because it was not executed properly aka not a codicil) i just spilled everything i knew about interested directors/contracts for that one. renunciation i called withdrawal (does that work?) essay 4 was my strongest. i work in a pi firm (7 years) and knew all about that. maybe that will save me.

I think the letter was going after incorporation by reference. NY doesn't recognize incorporation by reference, which the guy tried to do when he said in the will to "follow the directions in the letter in my desk"

That Article 16 bit almost got by me in the driver/mechanic essay