February 2016 California Bar Exam Forum

[MBAtoJD]

I'm going to keep this short as I know you guys are stressed as it is. I passed the Bar on my 3rd try. First time I was 8 points to passing so it's not like I didn't know the rules or how to write a passing essay. My MBEs were always high. I only passed when I didn't tell anyone I was taking the Bar so it was stress-free. I hid in my hotel room, didn't socialize and just kept to myself. I avoided lingering in the lobby or using the pool. People's stress feed off on you - avoid people as much as you can. The first time I remember my friend calling me after day one telling me all the issues she spotted that I didn't see...that just fucked with my mind! I entertained the fear of failing and it got to me.

My tip: DO. NOT. FREAK. OUT. When you do, you start second guessing yourself; you start freaking out; you start forgetting what you already know, you get stupid and start making dumb mistakes. Look, you've studied, you've got this!!! I have seen people who were dumb pass this exam. I'm not kidding! I've seen smart people fail. It boils down to your mind...your mental state especially with a couple of days to go.

A huge part of this exam is handling your emotions. When your mind is cool, calm and collected, the freaking issues start jumping out at you...you think and see clearly; you can organize your thoughts a lot better. Try to relax. I know is easier said than done. At the exam hall, make stupid jokes with the person sitting next to you to help you relax, check out the hot girl that walk pass you with the tight ass, stare at the butt crack of the person sitting in front of you, make small talk with a proctor...anything to keep your heart from beating fast and to calm your nerves. It's pointless to start trying to recall elements or rules in your head when you sit there before they say "you may now begin." If you forget one rule, you will freak out. When you issue spot as your mind is clear, you will recall those elements as you read the essays. You will be shocked that you even remember things you only studied once. The brain is so amazing. Even if you don't know a rule, with a clear mind, your bullshit will sound so good. At least the rule you make up will sound intelligent. Lol!

Oops! Sorry...I said I'll keep this short.

Best of luck to you. Please, please, please...try to relax and have confidence that you know more than you think you know.

[BrokenMouse]

I'm going to keep this short as I know you guys are stressed as it is. I passed the Bar on my 3rd try. First time I was 8 points to passing so it's not like I didn't know the rules or how to write a passing essay. My MBEs were always high. I only passed when I didn't tell anyone I was taking the Bar so it was stress-free. I hid in my hotel room, didn't socialize and just kept to myself. I avoided lingering in the lobby or using the pool. People's stress feed off on you - avoid people as much as you can. The first time I remember my friend calling me after day one telling me all the issues she spotted that I didn't see...that just fucked with my mind! I entertained the fear of failing and it got to me.

My tip: DO. NOT. FREAK. OUT. When you do, you start second guessing yourself; you start freaking out; you start forgetting what you already know, you get stupid and start making dumb mistakes. Look, you've studied, you've got this!!! I have seen people who were dumb pass this exam. I'm not kidding! I've seen smart people fail. It boils down to your mind...your mental state especially with a couple of days to go.

A huge part of this exam is handling your emotions. When your mind is cool, calm and collected, the freaking issues start jumping out at you...you think and see clearly; you can organize your thoughts a lot better. Try to relax. I know is easier said than done. At the exam hall, make stupid jokes with the person sitting next to you to help you relax, check out the hot girl that walk pass you with the tight ass, stare at the butt crack of the person sitting in front of you, make small talk with a proctor...anything to keep your heart from beating fast and to calm your nerves. It's pointless to start trying to recall elements or rules in your head when you sit there before they say "you may now begin." If you forget one rule, you will freak out. When you issue spot as your mind is clear, you will recall those elements as you read the essays. You will be shocked that you even remember things you only studied once. The brain is so amazing. Even if you don't know a rule, with a clear mind, your bullshit will sound so good. At least the rule you make up will sound intelligent. Lol!

Oops! Sorry...I said I'll keep this short.

Best of luck to you. Please, please, please...try to relax and have confidence that you know more than you think you know.

Ive read this before and I will read it again. Thank you.

[juniormint33]

When they essay test Evidence...what percentage of the time is it Fed, CA, or a mix? Rephrased: if we get Evidence are we definitely responsible for CA distinctions, or just maybe?

[FinallyPassedTheBar]

When they essay test Evidence...what percentage of the time is it Fed, CA, or a mix? Rephrased: if we get Evidence are we definitely responsible for CA distinctions, or just maybe?

I think they are sometimes vague about it. I remember a question that included an issue about patient/medical doctor privilege. The question did not specify Fed or CA, so the answer should have mentioned that the privilege doe snot exist in Fed rules but does exist in CA rules.

[Zaizei]

When they essay test Evidence...what percentage of the time is it Fed, CA, or a mix? Rephrased: if we get Evidence are we definitely responsible for CA distinctions, or just maybe?

I think they are sometimes vague about it. I remember a question that included an issue about patient/medical doctor privilege. The question did not specify Fed or CA, so the answer should have mentioned that the privilege doe snot exist in Fed rules but does exist in CA rules.

As far as I know, if you are not asked to talk about CA law specifically, you don't have to talk about it (except in the subjects in which we only have CA law).

[MrMustache]

Stopped by the San Diego location today. There were two paid parking lots close-by, so parking shouldn't be a problem, I hope.

[AMCD]

Correct: if it doesn't say CA don't write about it. That really pisses them off (I have a friend who is a fifth year grader for CA). She said it shows her you don't read the directions correctly. The only other thing I would add is if there's some huge distinction between CEC and FRE, throw it in quickly and move on but don't make a habit out of this. Once max! Also, on evidence, there is no time to start waffling about things outside the scope of the essay. I am a very fast typist and always had to be hugely mindful of time management on evidence essays . Always answer the calls precisely. Remember, these essays were meant to be written in an hour and will always clearly state whether they want state distinctions. Read the call first, so that on your first pass through of the fact pattern your mind is starting off in the right place. GL!!

[juniormint33]

Correct: if it doesn't say CA don't write about it. That really pisses them off (I have a friend who is a fifth year grader for CA). She said it shows her you don't read the directions correctly. The only other thing I would add is if there's some huge distinction between CEC and FRE, throw it in quickly and move on but don't make a habit out of this. Once max! Also, on evidence, there is no time to start waffling about things outside the scope of the essay. I am a very fast typist and always had to be hugely mindful of time management on evidence essays . Always answer the calls precisely. Remember, these essays were meant to be written in an hour and will always clearly state whether they want state distinctions. Read the call first, so that on your first pass through of the fact pattern your mind is starting off in the right place. GL!!

Thank you so much for this! Extremely helpful answer to my question. You seem super knowledgable. Any other general essay tips for a repeater? I failed July '15 by about ten points because I bombed the state specific essays. I have a hard time issue spotting those because the subjects still feel abstract to me in the absence of MBE practice. I did every practice essay for the CA subjects this time around, but I'm still prone to miss issues on subjects like Wills, Trusts, CP, BA and PR.

[lacrossebrother]

anyone look at July 2014/q3 professional responsibility.
First answer discusses a "duty of fairness" to opposing counsel to disregard client's wishes and approve the "reasonable request" for an extension.

My research suggests that California actually completely rejects this Model Rules standard, and the conclusion reached by the author of model answer A would be flatly incorrect under California law.
I haven't spent enough time comparing ABA and Cal. PR though, so if anyone has an opinion on that question, I'd appreciate it.

[Barebones]

Anyone been to the Pasadena test center?

I checked on google maps and there's a parking garage close by so hopefully that won't be a problem.

[Barebones]

Here's what I'm bringing. Am I missing anything?

-admittance ticket
-ID
-packed lunch
-laptop + charger
-highlighters
-earplugs
-mechanical pencils for the MBE on Wed. (mechanical pencils should be ok right?)

[AMCD]

Correct: if it doesn't say CA don't write about it. That really pisses them off (I have a friend who is a fifth year grader for CA). She said it shows her you don't read the directions correctly. The only other thing I would add is if there's some huge distinction between CEC and FRE, throw it in quickly and move on but don't make a habit out of this. Once max! Also, on evidence, there is no time to start waffling about things outside the scope of the essay. I am a very fast typist and always had to be hugely mindful of time management on evidence essays . Always answer the calls precisely. Remember, these essays were meant to be written in an hour and will always clearly state whether they want state distinctions. Read the call first, so that on your first pass through of the fact pattern your mind is starting off in the right place. GL!!

Thank you so much for this! Extremely helpful answer to my question. You seem super knowledgable. Any other general essay tips for a repeater? I failed July '15 by about ten points because I bombed the state specific essays. I have a hard time issue spotting those because the subjects still feel abstract to me in the absence of MBE practice. I did every practice essay for the CA subjects this time around, but I'm still prone to miss issues on subjects like Wills, Trusts, CP, BA and PR.

Pleasure: Here's what I sent someone else and learned from the grader I know:

Answer the call -- sounds simple, but you'd be surprised how many people don't really do it!

Lots of headings -- underlined and set off from analysis.

IRAC always!

Space between your analysis short paragraphs -- no huge dense paragraphs. WHITE SPACE IS GOOD!!

Clean CORRECT rules statements--then pull out each element and give it it's own heading.

PTs: I always start by warming up my fingers and brain by writing the salutation/opening -- depending on what you are doing.

Then, IMMEDIATELY I jump to the bottom of the page and do a generic conclusion and close. That way, God forbid, you don't finish in time, it looks finished. Often they will skim and go to see it's complete. Who knows how thoroughly they read these things. I did get a 77.5 on a PT when I failed, and I know it looked clean from start to finish so really do think that helps.

Don't bring in info. extraneous to the calls on questions. Time should be spent only on the answer that's relevant. Again, sounds basic, but it's not!

I posted other info. on "advice for repreaters/last minute tips" if you want to look at what else I did overall to be successful last July.

As for state distinctions: I posted some months ago that I made up hand-written sheets of CA distinctions for all subjects that have them. I would read those every other day as I would cycle through the relevant subject. They were never that long-- maybe 3 sides of lined paper for evidence, same for PR, maybe 4/5 for Ca Civ Pro. I truly believe that HANDWRITING these distinctions makes a difference, versus typing something up and reading it like an outline. There's time to devote to doing something like this for a couple of hours today that might be helpful. PR is the biggie; wills and trusts; evidence; civ. pro; then I would make a short list of cases for CP that were also important. That was HUGELY helpful in, I believe, nailing that CP question in July, where I could cite the cases for all those horrendous stock, retirement issues they raised.

I have said several times: Look to Stanford Law's website of free outlines and "checklists" written and posted by a former student. I relied on those for my bar prep, and the checklists and "opening paragraphs" have great rules statements for review the night before. The remedies outlines were what finally made that subject click for me--also learning a few mnemonic devices.

I'd also, at a minimum, read some sort of essay templates/prior posted essays on the Bar site on the commerce/dormant commerce clause; free speech; religion etc.

GOOD LUCK!!! Will keep checking in and trying to answer anything anyone wants to ask and/or give any pep talks needed, but please try your best, everyone, to stay off the boards and start posting frantically what you get tomorrow morning and what you think you did wrong. That way lies madness. The PT points are HUGE. Don't get yourself rattled over whatever tomorrow morning brings. Put it away. Take a REAL BREAK at lunch. Remember: You can TOTALLY BOMB an essay and pass. Seriously, I keep beating this dead horse, but was truly embarrassed to upload that corps/PR essay -- although I know I did a good job on the PR part but showed my knowledge of corps. was troubling--thank God I work in criminal law!!

[AMCD]

SORRY -- one more thing:

You asked about missing state-specific things: If they are asking for CA and FRE, ABA etc. then realize that likely EVERY ISSUE that's raised needs a distinction drawn.

Read the call.
Read the facts.
Read the call.
Re-read the facts and just jot down issue headings.
Try to pair up a state distinction for each issue.
Check for sub-issues next.
Any state distinctions for those?

Take the time to just write a bullet point-type outline. USE THE FULL FIFTEEN MINS to outline. Fill in distinctions as short "trigger" phrases/words -- whatever you are used to. Start typing and it will come to you as you go with those trigger points.

[Zaizei]

Here's what I'm bringing. Am I missing anything?

-admittance ticket
-ID
-packed lunch
-laptop + charger
-highlighters
-earplugs
-mechanical pencils for the MBE on Wed. (mechanical pencils should be ok right?)

NO MECHANICAL PENCILS AND SEPARATE ERASERS. Just use a normal pencil+eraser. Bring several, since you are not allowed to bring a sharpener with you.

[brokenconundrum]

Here's what I'm bringing. Am I missing anything?

-admittance ticket
-ID
-packed lunch
-laptop + charger
-highlighters
-earplugs
-mechanical pencils for the MBE on Wed. (mechanical pencils should be ok right?)

You can't use mechanical pencils (at least you couldn't in July 2015 at Pasadena). Also, yes, there is a parking garage right near the Pasadena center. However, it looked really crowded and stressful (granted, this was July; I assume there are far fewer test takers in February). I just walked from my hotel (the Westin). If your hotel is within walking distance, I'd recommend walking.

[Barebones]

Here's what I'm bringing. Am I missing anything?

-admittance ticket
-ID
-packed lunch
-laptop + charger
-highlighters
-earplugs
-mechanical pencils for the MBE on Wed. (mechanical pencils should be ok right?)

You can't use mechanical pencils (at least you couldn't in July 2015 at Pasadena). Also, yes, there is a parking garage right near the Pasadena center. However, it looked really crowded and stressful (granted, this was July; I assume there are far fewer test takers in February). I just walked from my hotel (the Westin). If your hotel is within walking distance, I'd recommend walking.

I am actually driving...hopefully the parking garage isn't a shit show. Do you know what a backup option would be if the garage is full?
We don't need pencils tomorrow since it's all essay, right? (I'm sorry I'm asking the stupidest questions but it's helpful to get the little things cleared up so that I can focus tomorrow)

[a male human]

If you're feeling like you're going to crash and burn, consider the possibility that it's just impostor syndrome, and you're actually fully equipped to pass.

Bring out 100% of your abilities, don't lose focus on the task, and it will be over before you know it. Rather than saying "good luck," I want to tell you to do your best. Preparation is key, but it's also in your mind like MBAtoJD said. It's just like practice. If you've practiced as if it were the real thing, then do the real thing as if it were practice.

Lastly, embrace the suck. Don't resist it and imagine the freedom and possibilities after the bar... after you pass... Lean into this challenge and don't let the slack in your head loosen. That's right; it's a challenge, not a problem.

[brokenconundrum]

Here's what I'm bringing. Am I missing anything?

-admittance ticket
-ID
-packed lunch
-laptop + charger
-highlighters
-earplugs
-mechanical pencils for the MBE on Wed. (mechanical pencils should be ok right?)

You can't use mechanical pencils (at least you couldn't in July 2015 at Pasadena). Also, yes, there is a parking garage right near the Pasadena center. However, it looked really crowded and stressful (granted, this was July; I assume there are far fewer test takers in February). I just walked from my hotel (the Westin). If your hotel is within walking distance, I'd recommend walking.

I am actually driving...hopefully the parking garage isn't a shit show. Do you know what a backup option would be if the garage is full?
We don't need pencils tomorrow since it's all essay, right? (I'm sorry I'm asking the stupidest questions but it's helpful to get the little things cleared up so that I can focus tomorrow)

I don't know about any backup parking options - it's probably just best to get there early enough so you don't have to stress about it. I think in July I brought pens and pencils on the essay days to use to outline my answers and write on the forms they give you at the test center before each session.

Breathe, and good luck!

[Barebones]

I don't know about any backup parking options - it's probably just best to get there early enough so you don't have to stress about it. I think in July I brought pens and pencils on the essay days to use to outline my answers and write on the forms they give you at the test center before each session.

Breathe, and good luck!

Thanks - appreciate it!

[Raiden]

Loving your advice AMCD, the one about your friend who only types 20 WPM really hit home. Really shows that this exam really is about competence and being a sheep. Just spot the issues, keep simple rules, provide analysis, and conclude.

Quick question, how many of you guys write out the facts verbatim from the fact pattern? I've been doing that so that I don't make up my own facts, and if bar graders skim, they at least see I talked about the specific facts.

[a male human]

Loving your advice AMCD, the one about your friend who only types 20 WPM really hit home. Really shows that this exam really is about competence and being a sheep. Just spot the issues, keep simple rules, provide analysis, and conclude.

Quick question, how many of you guys write out the facts verbatim from the fact pattern? I've been doing that so that I don't make up my own facts, and if bar graders skim, they at least see I talked about the specific facts.

Yes, don't be afraid to "plagiarize" off the facts.

[BrokenMouse]

Is everyone really still studying?? Or am I the only one not studying? I stopped around 7PM. Chillin with some music right now.

[FinallyPassedTheBar]

Is everyone really still studying?? Or am I the only one not studying? I stopped around 7PM. Chillin with some music right now.

I'm at a zen state of mind right now. The check-in clerk at my hotel was super nice and upgraded me to an executive suit with hot-tub even though I reserved the room through the bar exam discount. Took a relaxing dip and I am now chilling and quiet happy oddly.

[InTheWideLand I Walk]

Is everyone really still studying?? Or am I the only one not studying? I stopped around 7PM. Chillin with some music right now.

Well, for the last hour i did some typing tests until my top speed got up to 157 words per minute. A personal record for me.

now i am going to recite some remedies and crossover essays very fast until i pass out.

[attjen]

Sigh....so tired! Hoping I'll have strength for PT