10 Things You Should Be Doing if You Are Sitting for the Bar Exam in July?

Congratulations to all of you who have completed law school!  As many of you are preparing for graduation you may also be thinking about the pending bar examination.  Here are 10 things you should consider and do to ensure success.

1. Sign up for a bar preparation course like Barbri.  There are many good bar preparation courses but I can attest that Barbri is fantastic.  While self study may work for the LSAT or other exams, the bar exam is different.  Invest the money and take a prep course.
2. Attend the Twitter Chat hosted by The Student Appeal Journal.  The Twitter chat will occur on Thursday May 24th, 8PM EST.   Get details here!
3. Relax and do not study until after graduation. I did not pick up a book until May 27th and given you will intensely study for the next 2 months virtually every day, you should relax so that you are energized.
4. Follow your study plan. Barbri and other organizations will give you a study plan that outlines exactly what you are supposed to accomplish each day.  Do not fall behind as you will have more and more added on to your schedule each day. 
5. The bar exam is a marathon and not a sprint and you cannot cram for it.  There is just too much material that you have to learn.
6. Understand the big picture and understand exactly what the exam is made up of.  The bar is made up of various pieces and you have to understand the composition of the exam so that you can allocate time accordingly.
7. The key to success is on the bar exam is doing as many practice questions as you can.   The Bar preparation organization should give you more practice multiple choice and essay questions than you could ever do. All you have to do to guarantee success is complete the questions.
8. Make sure you do the practice questions under timed conditions. Time management is a key to success and you may as well get used to the time restrictions.  See my post on time management and do not borrow time from exam questions.
9. Do not stress yourself out as you will likely pass. See my blog post that shows there is almost a 90% chance you will pass on your first attempt.
10. Take study breaks during the process.  You should try to take a day off every few weeks.  You will find the schedule extremely hectic but a day here and there will help you energize.

Best of Luck!

New York’s New Pro Bono Requirement – What Is All The Fuss About?

Generally speaking, in order to become a lawyer in New York you must get a law degree (3 years), pass the bar exam, pass a professional responsibility exam and pass a character assessment test.  Going forward the 10,000 or so prospective lawyers who meet all of these requirements will also be required to perform 50 hours of pro bono legal services before they can become lawyers.

This has caused a stir among some who say that this is among other things “indentured servitude.”  Another wrote, “I feel really bad for law students that graduate these days. And having brand new attorneys forced to be the ones to handle most pro bono smells like bad policy considering they have little to no experience and will invariably do a bad job of it.”

I am not sure what all of the fuss is about and I think a mandatory pro bono requirement is a fantastic idea!  A few points on this topic.

First, 50 hours is the amount of time you will spend during your first week of employment.  We are talking one week of work spread out over your law school career and the year after it.  The requirement is certainly not locking you into some long drawn out act of service.  It is 50 hours not 50 weeks or years.  In many countries, you must article (practical training) for next to no money before becoming a lawyer and this requirement is often 2 years.  Come on it is 50 hours helping those who need the help. 

Second, the requirement will not impact the majority of students as they already fulfill the requirement in law school.  I went to a law school (Harvard) that has a 50 hour pro bono requirement in order to graduate and this policy is not uncommon in law schools.  At the end of the year, Harvard published the actual average number of hours per student and it far exceeded the 50 hours.  Moreover, the requirement can often be met by clinical work performed or any volunteer work done while in school. 

Third, the more practical experience that one gets while in law school the better.  In some cases, fulfilling this requirement will be done by meeting with clients, drafting legal documents and perhaps even arguing cases before administrative tribunals. I met my pro bono requirement by working in an immigration asylum & employment law clinic and I was able to do all of the items listed above.

Finally, what is wrong with giving lawyers a taste of what it is like to give back to the community?  Also, as lawyer help others for free, isn’t there another benefit where the at times negative view of lawyers can be reversed?  This idea of giving back is already emphasized and encouraged in our professional responsibility requirements so why not formalize this a bit for new lawyers. As discussed above, this will not have an impact on most but will give those who would never have considered pro bono work an opportunity to see what helping someone else out without getting paid feels like.

As far as I am concerned, it is just another requirement to become a lawyer the same way that sitting for the MPRE, getting a character assessment or taking certain courses are requirements.  Not sure why anyone would be against this.  I would be interested to hear your thoughts.

How to Prepare For The Bar Exam & When You Should Start Studying

With the law school year closing out many students in their third year are starting to think (or worry) about the bar exam.  Here is a brief introduction and a few things to consider.

What Is The Bar Exam All About?

In most States, the Bar examination is a 2 day exam that you take between approximately 9:00 A.M. and 4:00 P.M. each day.  (It is a 3 day exam in California)  One day of the exam is made up of a test called the Multi-State Bar Exam (MBE) and this part of the exam is made up of 200 multiple choice questions.  Everyone in all States takes the MBE on the same day and the exam covers 6 topic areas only (Contracts, Constitutional Law, Property, Evidence, Torts & Criminal Law).  The other day of the bar exam is a State day where generally State law is tested.  Each State makes up their own State exam and the exam will fall either on the day before or the day after the MBE depending on which State you are in. The State exam will usually be made up of essay questions but may also contain multiple choice and/or a practical memo writing section. 

In the United States, you must be certified (sit for a bar exam) to practice law in every State that you wish to practice in.  Generally speaking, this means that if your best friend was arrested in New Jersey for an offence, you could not represent him in court if you were certified to practice law in New York.  There are exceptions to this rule but this is generally the case.  As such, you will have to complete an application for each State you want to practice in.  You should pay particular attention to the application deadlines and any other instructions that you are given.  For example, some States, like New York, require a handwriting sample and a school certification to be sent in with your application.  At least one student that I know of that went to Harvard did not send material that the New York Bar Examiners required, and the person found out at the beginning of July that he/she was not eligible to sit for the bar exam at the end of July.  Do not let this happen to you.

How Should You Prepare?

The first step to passing the Bar exam is to sign up for a preparation course such as Barbri.  I took a Barbri course and it played a pivotal role in me passing the bar exam.  Barbri and other organizations have decades of experience with Bar Examinations and as such are experts.  During the course, they will hold lectures, give you practice essay questions, give you practice multiple choice questions and grade sample exams.  This is not the time to self-study as you will be at a significant disadvantage if you do.  If you can afford it (cost is around $2500) sign up today!  If you sign up with a reputable large bar preparation course, it is not necessary to take supplemental courses or to do any other studying outside of this course.  They will teach you everything you need to know. 

When Should You Start To Prepare For The Bar Exam?

It is not necessary to start studying for the bar until after you graduate.  Some get very nervous and start in March or April but this is not needed.  (actually, I think it is a bad idea as you need to take it easy so that you are refreshed for intense studying to come)    For those who just cannot wait, Barbri sends advance study material to students in April.   They do however clearly state that it is not necessary to start studying until after you graduate.  Once you start your preparation course lectures and really get into studying you will really appreciate the few weeks of a break between your finals and your graduation date.  Barbri will teach you everything you need to know during the two months prior to the exam.  Trust me on this one. 

Should You Be Worried?

No. See my post “Do Not Worry About Whether You Will Pass The Bar Exam Because There is Almost a 90% Chance That You will Pass It On Your First Attempt.”  The key to passing is consistent studying.

Do Not Worry About Whether You Will Pass The Bar Exam Because There is Almost a 90% Chance That You Will Pass It On Your First Attempt

If you are a first time writer, there is a very good chance that you will pass the Bar exam on your first attempt so you should not stress yourself out.  The FACT is that almost 90% of first time writers in most States pass the bar on their first attempt so if you are not used to being in the bottom 10%, there is no reason for you to believe that you will be in the bottom 10% when you sit for the bar exam.  Unlike law school, the Bar exams set a minimum standard and the examiners have not set a special number of people they expect to pass. As such, if you meet that standard you will pass. The key to passing of course is studying and doing practice questions.  If you study, you most likely will not have anything to worry about and if you did not study, you can always take the exam again in the next sitting.

A complete list of statistics regarding pass rates for 2009 in all States can be found at http://www.ncbex.org/assets/media_files/Statistics/2009Stats110111.pdf and you can see from this table that approximately 88% of first time writers from ABA approved law schools (the 200 or so law schools in the U.S.) passed the bar exam on the first try.  In order to find this though, you must go to page 17 of this table and look at a chart called, “First-Time Exam Takers and Repeaters from ABA-Approved Law Schools.”

This table illustrates though that pass rates for Bar examinations are somewhat confusing so you should understand what you are reading.  First, the pass rates are broken down in a number of different ways.  The overall pass rate is not a very good indicator as it includes people who are second time takers and in some States the pass rate includes foreign trained lawyers.  Both of these latter categories score very poorly on the bar exam and bring the overall pass statistic down.  For example, for the 2009 bar examination in July, the overall pass rate for New York was 72%.  When you look at the detail though, you will see that for first time takers from law schools in the United States, the pass rate was 88%.  During that same period, those who repeated the exam in July only achieved a pass rate of 35%.  Similarly, those who sat for the Bar examination in New York from Law Schools outside of United States had a pass rate of 34%.  All of these combined make up the 72% pass rate.

As you can see, first time takers from law schools in the U.S. do very well on the bar exam.  In some States, the pass rate for first time takers is over 90% (and for some it is 100%) and these high pass rates are the norm.  As indicated, second time takers and foreign lawyers really bring down the State averages so it is best to look at statistics from the category to which you belong. 

That being said, do not let the high pass rates fool you. You must study for the bar!  I know of two people from Harvard Law School that failed the New York Bar examination on their first attempt.  When I spoke with these individuals they indicated that they had only done a small number of the practice essay and multiple-choice questions where I did hundreds.  The key to passing the Bar is preparation and generally this preparation should start with a Bar Preparation course.

Do Not Borrow Time From Subsequent Exam Questions As You May Not Be Able To Repay The Loan

Another key to law school success is time management on exams.  This is yet another area where person after person will offer the same advice but in the heat of an exam, many reject it.  Here is the key piece of advice yet again.  At the beginning of an exam, take note of how much each question is worth and divide your time accordingly.  Once you have done this, DO NOT BORROW TIME FROM OTHER QUESTIONS.   While it is hard to do, you should get into the habit of noting the time and once you have reached the time on a question, you should stop (even in mid sentence – ok, you can finish your sentence) and move on to the next question. 

There are a few good reasons for this strategy.  First, you have likely picked up the majority of the points you will gain on the question you are laboring over and the time you will spend will likely not yield many more points.  Second, if you do not move on from a question you are stuck on, you may not finish the exam and a blank exam question means a low grade.  Third, the subsequent questions on the exam may be easy. When I sat for the NY bar, the last question on the exam was a very simple corporations question.  If I had borrowed time from the first few more difficult questions though, I would have missed easy points on that last question.   At the end of the day, a point is a point and I will gladly take an easy one that takes me one minute rather than 10 minutes.  Finally, you can always go back to a question if you have time.  This is a far better strategy and the break from the question may even give you alternate ways to approach the question. 

This bit of advice was one of the first that my first law school professor, Linda Feldman, gave the class for our first law school exam.  Regrettably many did not listen to her.  The exam was made up of two questions and each of them was equally weighted.  Go figure the first question was tough and I could have spent the full exam period trying to nail down the question.  Instead though, I stopped writing after half of the time and moved on to the second question.  The second question was almost identical to a question that the class had gone over during a review of an old exam and it was easy to pick up easy points. I ended up with an A on the exam but many of my fellow classmates left the exam barely touching the second question. 

For February bar exam takers, keep this key piece of advice in mind. It will serve you well.

Sitting for the Bar in July? How Many Bar Exams Should You Sit For?

As you may know, as a general rule, you are required to sit for a bar exam in every State you wish to practice in.  While in law school, the question often comes up of how many exams you should sit for on your first attempt.  In my opinion, you should try to take Bar Examinations from 2 States right after you graduate from Law School. There are a few good reasons for this. 

First, the best time to take a Bar Examination is immediately after you finish law school as you will have retained a significant amount of core knowledge and this knowledge will dissipate over time.  This knowledge makes it easier to pass the bar exam and you are best positioned to do this right after law school.

Second, when you study for one State’s Bar Examination, you may not have to do much additional work to pass another State’s exam.  A few things to keep in mind here. First, most bar exams consist of two days – one day will be made up of a local State day and one will be the Multi-State Bar Exam (MBE), and the MBE is the same exam for every State.   Your score on each day is added together and each State will determine whether you have passed or failed.  If you sit for two bar exams (one in your primary State and one in another State) most if not all States will allow the MBE score to be transferred to the State if it is taken concurrently with your primary State.  Most States however will not permit you to take the MBE one year for one State and then have it count towards the Bar Examination in a different year or session.  For example, New York used to permit candidates to count their MBE score from a prior year towards a current session and as such, in the past the candidate would only have had to sit for the local New York portion of the exam. (1 day as the person would not have to sit for the MBE).  Starting in 2011 though, New York only allows candidates to transfer MBE scores from another State if the exam in the other State was taken in the concurrent session.  Many other States have similar rules.  To clarify, if you sit for two bar exams, you would sit for the exam for three days instead of two.  This extra day can help you avoid sitting for the grueling 200 multiple choice MBE in another year.

Another good reason to sit for two bar exams is that many State exams do not contain much State specific information.  For example, the New Jersey bar exam tests only 7 subject areas and six of those areas are covered on the MBE.  (and the other will likely be covered by your primary State)  As such, the only additional work you will have to do for that exam is sit for the exam.  I sat for the NJ bar when I sat for the NY bar and I did not do ANY additional studying.  (ohhh..and I passed).  Other States are similar and even States where you do have to learn State specific material, it will almost certainly be in areas such as Corporations, Wills and Criminal Law.  As such, you will already have a foundation related to these courses from the work you will do to prepare for the primary State.

Another reason to sit for two bar examinations is that you are more marketable.  Even if you have a job, your situation may change and you may be looking for one in the future.  Being certified in many States not only shows initiative but could give you a practical advantage if a job requires certification in that State.

Lots of good reasons to consider sitting for two bar exams in July.