Just a quick thank you to Berkeley’s Law Library for saying nice things about the Bar Exam Guru blog and for providing a link to our blog on their site, here is what they had to say:

” . . . the “Bar Guru” offers advice and useful links on everything bar related at http://barexamguru.wordpress.com/category/california-bar-exam/. The Bar Guru is a bar review company, however, they offer free workshops, advice and a lot of free and useful material on their website.”

Stay tuned for tips for this upcoming bar exam. Also, be sure to check out our free exam writing templates (we do not give all of the templates away, but we do make some available to you for free). The most recent was our 8th Amendment writing template (and excerpt from our Criminal Procedure Template). The 8th Amendment has not been tested in a very long time . . .

Best of luck to all of you taking the upcoming exam!

Lisa Duncanson
Program Director/Founder
Bar None Review
(562) 799-5581
barnonereview.com

Hello All,

If you failed the July 2009 bar exam, you should know that you are not alone. The complete statistics will be available on the California bar website ( http://calbar.org) very soon. Pass rates for the July bar exams are usually between 48% and 54%. Some years have been as high as 63% (although not in recent years) and some much lower. But, the general average for the past several years is just around 50%. So, you know that if you did not pass the California bar exam this past July, that you are among a significant number of people who did not pass.

So what do you do now? Do you take another bar review course? Do you hire a private tutor? Do you study on your own? The answers to those questions will be different for everyone. First, you need to properly evaluate why it is that you failed.

Because the scoring of the California Bar Exam is scaled, it is not easy to understand what a given score means nor is it clear where you will need to focus from numbers alone.  For example, if an examinee scores consistently the same scores on their essays (i.e., all sixties or three fifty-fives and three sixties) it will indicate a different problem than an examinee whose scores have a greater range (i.e., one 45, one 75, two 65s and two 60s etc.) 

Students whose scores are very consistent will likely mean that the student has a writing problem that is consistent and across the board.  This type of writing problem is generally not subject specific and once it is fixed is fixed for all topics.  For the student whose scores are more spread out and ranging, typically this student’s problems lie both in writing style as well as subject knowledge and ability to spot issues.

The first step is to review your bar exam score sheet. This can be a very confusing piece of paper. Partly because it is simply just painful to look at. Here you are, you have just received the terrible news that you have failed the bar exam and now you have to make sense of the scores. In my experience, examinees very often do not understand how the scaling works or what equals a passing “raw” score. So hopefully, what follows below will be of help to you.

First of all, the raw score that is passing for the essays, performance tests and the MBEs varies from bar exam to bar exam. Most examinees incorrectly believe that a 70 is always required to pass an essay. However, this is simply not the case. In the past several bar rounds, a passing raw score on the essay has been as low as a 61 point something and as high as a 63 point something – not a 70. Of course, a 70 is a much better score to receive and better yet, 80s are really what you should be shooting for – this is the score we do our best to teach our students to be able to achieve consistently.

The passing raw score for the MBE in the past few years has gone down dramatically. Several years ago, to pass the MBE portion of the exam you really needed to achieve at least 70% correct (a raw score of 140). However, in the past couple of years, the raw passing score has been between 62% – 66% (a raw score of 124 to 133).

However, your practice scores should be much, much higher to ensure that you will do well enough on the MBE portion on exam day. The test has changed. I personally took it the first time back in 1994 (I passed on the first time). The required raw number to pass the MBE portion was higher back then. But, the MBE test has changed. As a result, I retook the bar exam in February 2008 (I passed this exam also).

Here is what I learned (without violating any of the rules the NCBE requires of me and of anyone who has taken the exam – remember you are not to discuss questions, MBE fact patterns, etc.) about the MBE – it has changed from the earlier days of the test. But, it is not any more difficult than the exam I took in 1994 nor is it any easier. So what does this mean for you – well, read on.

The most obvious difference in the MBEs from the past to the present, is that the questions tend to be much shorter. But, the very same issues are tested now as were tested before. It is true that you are not going to find exact replicas of the actual test. Nor should you be able to – it simply would not be a fair exam if you were able to simply memorize a past set of MBEs and then go and pass the MBE portion. Don’t get me wrong, I am on your side. But, this is a test and it is designed (quite well) to test YOUR analytical skills. Is is so much more about that than it is about memorization (even though, of course memorization is very, very important).

At this point, if you have failed the bar exam, you should immediately get back to working on MBEs – not memorizing the law, but instead – just going right back to practicing the MBEs. We provide free handouts on how to approach the MBE portion of the exam. To receive your free copy, contact us at pass@barnonereview.com and we will send it to you.

By working on the MBEs right away, you will most likely see a return to your prior practice MBE scores (right before the bar exam) within a few weeks (without reading through a single outline or re-committing any of the law to memory – even though of course, you will also need to do that prior to the exam).

A book we highly recommend is “Strategies and Tactics for the MBE” by Walton and Emanuel, published by Aspen Publishing. Be aware that Aspen publishes two MBE books with very similar names, but each are quite different. Both are useful. However, the “Strategies and Tactics for the MBE” authored by Walton and Emanuel, is, in my opinion, is the best book you can get for the MBEs. The information on how to take the exam (strategies and tactics of the exam) as well as the explanations are excellent and far superior to any other MBE book on the market. I do not have any financial interest in this book.

Once the California bar releases the full statistics, some of these numbers will become more clear. However, what is most important is where you are – how far away from passing were you really? Most examinees that I speak with are quite off base when they call in to discuss their scores. There is a lot of misinformation out there. I have been following message boards and I am shocked at how little examinees know about how the test is scored. This is the fault of both law schools and bar preparation courses. It can be incredibly helpful to have someone who is knowledgeable about it to help you interpret your scores. This is really the first step in figuring out what you need or don’t need.

We provide, for a limited period of time (as our classes and private tutoring obligations begin and then we are just not available to provide this service) a free review of your past bar scores. In order to participate in this program, you will need to send your scores to pass@barnonereview.com. We only accept scanned in score sheets at this time (we do not accept your typed in scores in an email). We have to be sure that we are dealing with you. In addition, provide a phone number where you can be reached (all score reviews and evaluations are conducted via phone).

Be sure to come back to this blog as we will provide more information and advice for those of you faced with repeating the California bar exam this February. Also, be sure to review past postings as these are quite relevant (for example, study plans, how to study etc.).

Also, be sure to visit our bar review course website for more information on what to do if you are repeating the California bar exam. Our website is: barnonereview.com

Once there, select the “repeat bar examinee” button on the left side of our website. You may also want to take a look at samples of our exam writing templates (two topics are provided online for free).

Good luck to you and do not give up, this exam is do-able!

Thank you for reading and please feel free to leave a comment here on my blog or to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

Lisa Duncanson
Program Director/Founder
Bar None Review
(562) 799-5581
barnonereview.com

NOTE: PLEASE SEE MORE RECENT POSTINGS, BY CLICKING ON “BAR EXAM GURU’S BLOG” ABOVE. 

Hello Everyone,

We are offering another free bar exam workshop on Wednesday, June 3rd.  The workshop will be held in Orange County and will begin at 6:30 pm.  The workshop covers exam writing – specifically how to write for the California bar examiners and will also address other aspects of successfully preparing for the California bar exam. Attendees will also receive free bar exam writing templates. Space is limited.  If you are interested in attending this workshop, please contact us via email at: pass@barnonereview.com or at: (562) 799-5581.

Here is what one of our recent attendees had to say about our most recent free workshop:

“I am a repeater. The first and only other time I’ve taken the bar was in July 2007. Now that I’m ready to jump back on the wagon, I was searching for a bar review course that would be tailored to exactly what I need the most help with to pass. I went with Bar/Bri the last time I took it and I was extremely disappointed. They basically throw a bunch of books at you (but which one doesn’t, right?) and expect you to “be a sheep…just follow the herd.” Needless to say, this didn’t work out for me. And I expect that this didn’t work out for many others who were part of the herd since the pass rate was low as usual. So this time around, I shopped around the Internet and came across Bar None Review because it was giving a free workshop. I decided to check it out…and it was the best decision I have made!!!!! Regardless of whether any of us who attended were going to sign up with Bar None, Lisa Duncanson imparted some really valuable study and writing tips in her workshop. I signed up with Bar None because I wanted a study program to fit my work schedule and to help me make the most use of my time and focus on my problem areas. Lisa sat down with me until we came up with a solid review plan. Unlike Bar/Bri where I felt I needed to keep up with the other students and stay in the herd, I now feel like I am getting the specific tools I need to help me through. I recommend Bar None Review to anyone who wants a solid and personalized bar review program. Bar None’s holding another free workshop this Wednesday, 6/3/09, at 6:30 p.m. at their Seal Beach office. I HIGHLYrecommend anyone thinking about trying to pass the CA bar exam to attend this workshop.”

Hello Everyone,

Several weeks ago I offered to provide a free copy of an excerpt from our Criminal Procedure Exam Writing Template. We have had so many requests that we have decided to simply make it available here on my blog. The 8th Amendment has not been tested in some time. The excerpt does not include every aspect of the 8th Amendment. However, it does include two of the more commonly essay tested areas of the 8th Amendment – Right to bail and also the Right Against Cruel and Unusual Punishment – specifically – how to address an essay question that asks you to determine whether or not the imposition of the death penalty (in a particular circumstance) is constitutional or instead a violation of the defendant’s 8th Amendment right to be free from cruel and unusual punishment.

While these issues are not difficult, examinees often have trouble with these areas. This is likely due to the fact that many courses do not draw attention to these areas. And also, because most course materials do not lay out any recommended test language. This makes what is otherwise a fairly simple area, challenging.

Here is the 8th Amendment Excerpt: 

8th Amendment Exam Writing Template Excerpt

I will continue to make suggestions this week.

For additional exam writing templates, please visit:

Click on the Exam Templates link and you will find additional excerpts.

Good luck to everyone studying for the bar exam!

Lisa Duncanson
Bar None Review

Hello Everyone,

I have received many requests in the past week for exam predictions.  It is that time of year.  If you have read past postings, you will know that I believe it is not wise to base your studies on essay predictions.  Instead, you should prepare for all subjects equally. However, this does not mean that it isn’t a good idea to know what has been tested in recent examinations or to develop a sense of which topics or combinations of topics might be likely scenarios on the upcoming exam.  This just makes sense.  You should know the test you are about to take extremely well.

Each bar round our students take a three-day, simulated bar exam.  The exam is given under exam conditions.  We use real bar exam questions for the exam.  In preparing this mock bar exam, I review the past 6 bar administrations.  I do this to determine which topics I will include in that bar round’s mock exam.  I choose exam topics that I have not seen in recent administrations as I believe that these may have a greater likelihood of showing up on the next bar exam.  

One of the certain things about the California bar exam essay section is this: each bar round the examiners repeat one or two (and sometimes even three) of the subjects that were tested on the prior bar exam.  Usually it is at least two subjects that repeat.  If you look at the past bar exam administrations you will see proof that the subjects repeat from one round to the next.  As a result, it makes trying to predict the next set of essay subjects to be tested unrealistic.  In addition, it means that you would be foolish to think that if a subject were just tested on the July 2008 bar exam, that this subject would not show up on the February 2009 bar exam.

Since the same subject will often be tested on the essay exam from one round to the next, it is important to review the past exams not in terms of which subject was tested (i.e., Torts, Criminal law, Criminal Procedure, Wills, Contracts etc.) but, instead in terms of which topic within a subject was most recently tested (i.e., Defamation? Negligence, Murder, 4th Amendment, 8th Amendment, Will formation, codicil, undue influence, Contract Formation, Common Law, UCC, Remedies, Conditions etc.).  

This is what I look at when I am preparing our simulated bar exam for our students.  And, this is also the same source that I go to in order to provide “predictions”.   I try to be very careful with the word prediction in the bar exam context.  First of all, it is misleading to even suggest that someone could predict the bar exam essay topics.  But, if the bar examiners were going to test contracts again on the February 2009 bar exam (it was tested on both day one and day three of the July 2008 bar exam) then perhaps the examiners would be more likely to test areas within Contracts and Remedies that were not heavily tested on the July 2008 exam.

Similarly, it would make sense that if the bar examiners have historically, over many years, tested certain areas, and one of those areas has been glaringly absent in recent years, then perhaps the examiners will test it soon.  Just seems to make sense, doesn’t it?  Well, I think it does.  Still, this being said, I do not believe that you should place a great deal of stock or reliance on what anyone might predict for the exam.  If it helps you think about possible scenarios, fine.  But, if it is something that you use to direct your studies away from less predicted subjects or less likely expected subjects, then it is nothing short of dangerous.  Be prepared for every subject and each topic within each subject.

Okay, I am not going to provide a list today of predictions.  I will, however, pass along some of what I address in my lectures about areas that are probably worth a little extra attention simply because the bar examiners have not tested these areas in some time.

As I teach each subject in our bar review course, I let our students know which areas of that topic were tested recently and which areas have not been tested recently.  

For example, when we covered the subject of Torts, I let my students know that Strict Liability and Negligence were recently tested (one year ago on the February 2008 exam, an exam for which I sat and passed, by the way, I had taken it successfully in 1994 as well).  I also pointed out that Defamation had not been tested in some time.  And, that nuisance and the process torts (malicious prosecution and abuse of process) have not been tested in a long time.  

I continue to point these things out regularly as we cover each subject area. Then as the bar draws even closer, we spend time reviewing additional essays that have tested these very topics (the topics that have not shown up in a while).  It is not that all will show up on the next administration, or that it would be wise to study only these areas.  However, I know that our students reap a great deal of confidence from this exposure simply because when they do arrive at the exam and open their essay booklets, they will inevitably see some of these areas tested in exactly the same way on exam day.  This is a great confidence builder.

Still, I constantly reinforce with my students that anything can be tested (for example, First Amendment speech and Murder essays have shown up back to back on not just two administrations, but three in a row in some years).  Other topics have repeated in this same fashion.  Therefore, while predictions are very tempting not only to make but to rely upon, it is not a good way to decide which subjects to review or study harder.  Instead, study all of the subjects, of course.

I will do my best to provide postings about some of these subject areas that I believe the bar examiners might be more inclined to test soon. For example, the 8th Amendment.  We have seen a lot of Criminal law and Procedure in the past couple of years on the California bar exam. But, one area that has not been tested in a very long time is the 8th Amendment.  The two main areas that are tested for the 8th Amendment are Bail and Sentencing (specifically, Capital Punishment).  Our 8th Amendment exam writing template is a great coverage for this area.  If you would like a free copy of our 8th Amendment Approach, please contact us at: (562) 799-5581 and we would be happy to provide you with a copy.

As I am committed to teaching my students who are currently enrolled in our program, I will not likely be available to discuss the template.  However, please feel free to obtain a copy from our office.

Oh, and one final comment for this post about “predictions” – nearly every bar review course is probably predicting both Civil Procedure and Evidence.  These are obvious predictions because neither was on the last administration of the bar exam.  Evidence has not been tested since July 2007 (when the new subject coverage began).  Something else you might want to keep in mind is that Evidence Transcript Style essays have not been tested in several years.  Just food for thought.  

Incidentally, I do not intend to pass along every point that I make in my lectures regarding predictions.  I do not think that my students would even think that was fair as they chose to enroll in Bar None Review and paid the associated fees.  But, I will provide some information here when I can and to the extent that I think is both helpful and fair.

Thank you for reading and please feel free to leave a comment here on my blog or to email me directly at: pass@barnonereview.com

Good luck in your studies!

Sincerely,

Lisa Duncanson
Program Director/Founder
Bar None Review
(562) 799-5581
barnonereview.com

Hello Everyone,

If you would like to see an approach for writing a Homicide/Murder Essay, check out the video below:

Good luck in your studies!

Hello Everyone,

There will be a free workshop this Saturday, December 13th in Seal Beach, California.  The workshop will be held from 10:00 am to 12:30 pm.  We will cover exam writing techniques for the California bar exam and strategies and techniques for the MBE.  Students will also receive free bar exam writing templates.  Space is limited, please email or call our office to reserve a seat in the workshop. 

To reserve your space, contact Bar None Review at: (562) 799-5581 or via email at: pass@barnonereview.com

We look forward to seeing you at our next workshop! (Please note that our website updates take longer than our blog posts to appear.  As a result, some of our workshops will appear on the blog before our website is updated to reflect the new workshop).

Lisa Duncanson
Program Director/Founder
Bar None Review
(562) 799-5581
barnonereview.com

Hello Everyone,

Hello Everyone,

The February 2009 bar exam is five months away.  If you are a law student and about to graduate this December, then I urge you to begin your studies now.  And, if you are an examinee who graduated in May of 2008 (or some time earlier) and have postponed the bar exam, you should begin your studies now.

Many examinees delay their studies and leave only 1 1/2 or 2 months to prepare.  While two months of full time study is often enough, it simply makes sense to begin your studies earlier.

Why should I begin my studies early?  The reason you should begin your studies early is because it will help ensure that you only take the exam once (or if you are already a repeat bar examinee, then it will help to ensure that this is your last bar attempt).  It simply is easier to learn the material and to develop the necessary technique if you have more time to do it.

Gear up to full time study and pace yourself.  Rather than try to learn everything all at once or to start studying 12 hours a day, begin slowly and build up over time.  Think of your study for the bar as getting ready for a marathon.  You don’t have to be an athlete to pass the bar exam.  But, utilizing some of the techniques and strategies of professional athletes is not a bad idea.  For example, a marathon runner trains for the big day.  Success on the bar exam is also about training.  Marathon runners also build up to the big day by gradually increasing the lengths of their runs and increasing their time and distance as they approach the date of their marathon.  In addition, many distance runners run a few miles on a few days of the week and then take longer runs on other days of the week.  The idea here is that you a runner trains in such a way that he or she builds up endurance and strength and allows for breaks (days that involve a shorter run and also days with a complete break).  It makes sense to train in this way for the bar exam too.

For example, beginning your studies several months in advance of the bar exam (October for the February bar exam or March for the July bar exam) will allow you to study a few hours once a week and gradually build up to more hours on more days.  This is an extremely effective way to train/prepare for the bar exam.

I encourage my students to begin their studies early to allow for this kind of gradual start that builds over time and ultimately culminates into the intense final month and a half of study leading up to the bar exam. Our students who study in this fashion – beginning their studies several months in advance – essentially build in a buffer for themselves.  Because they have studied early, they can take a break, they are less stressed out in the weeks and days leading up to the bar exam and they tend to have exceptionally high pass rates.

So, don’t wait to crack open one of your bar exam books and begin your studies early.  Come exam day, you will be really glad that you did.

The best of luck to those of you about to prepare for the upcoming exam!
Sincerely,

Lisa Duncanson
Program Director/Founder
Bar None Review
(562) 799-5581
barnonereview.com