BAR TIPS ONLINE.pdf

7/28/2019 BAR TIPS ONLINE.pdf

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Ten Tips for Passing the Bar Exam

(Especially if You Didnt the Last Time)

1. Dont over-study. Yes, I know that law students thinkthis is impossible but it is important that you dont wearyourself out and confuse yourself before the bar exam.

If you go into the Bar Exam worn out, you wont operate atyour peak. It is more important to be fresh and rested, ableto access what you do know, than to know one more pieceof data.

When I took BarBri for the Georgia Bar in 1989, they had acriminal law lecturer who gave me the most valuable adviceI ever had for bar preparation. He said that there are threelevels of knowledge. In the first level, you have a superficialsense of a topic but not an in-depth knowledge.

That in-depth knowledge is what law professors have andthen only about one subject. They can distinguish the finepoints and they know why they were decided a particularway. Level 3 knowledge is unattainable for the number of

subjects on the Bar Exam. So that leaves Level 2knowledge. In Level 2, you know just enough to bedangerous. You know there are fine points but you cantdistinguish them so you get confused. And the readers ofthe exam probably wont appreciate those fine points even ifyou spot them since theyre lawyers not law professors. So,contrary to popular opinion, according to the criminal lawlecturer and my own experience, your goal is Level 1superficial knowledge of every subject.

2. Create a schedule and write it down. If you have awritten schedule, you can be here now with your studying.If you are scheduled to work on Criminal Law on Monday,you can really focus on Criminal Law on Monday, knowingthat Torts is scheduled for next Thursday. Without a firmschedule, you may be distracted with worrying about whatyou havent done or afraid you wont get to everything. Theschedule assures you that you will get to it all in its owngood time.

Set aside a reasonable amount of time for each subject.Schedule your hardest subject and those you didn't take(like Secured Transactions and Negotiable Instruments) forthe dates closest to the exam. Study your best subjects first.If you took a subject in law school and did well, a refresher


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reading of the subject may be enough. If you didnt take aclass in law school, try to spend a little extra time with it. Ifyou allot two days to Civil Procedure, dont get bogged downin long-arm jurisdiction for an entire day. Yes, it is endless

and some law professors have made that topic their lifework. They wont be reading your exam and the fine pointswill be lost on the practicing lawyers who are.Follow your schedule but dont make yourself crazy. Berealistic. If you are working and studying, it is unrealistic tothink youll work a twelve-hour day and then come homeand study for six hours. You may be tempted to scheduleyourself during a holiday weekend but youre unlikely toactually study and more likely to feel guilty and perhaps

even panicked about missing that study time.If possible, plan to finish your studying by the last weekbefore the bar exam. Use those last few days to do quickrefreshers, read over your notes, get extra sleep, walk in thewoods.

3. Try to apply unfamiliar topics to life experience.Often the bar review course is our first introduction to somesubjects. Try applying your life experiences to some of themore obscure topics. Secured Transactions? Have you everfinanced a car? Negotiable Instruments? Look at yourcheckbook. Make up your own hypotheticals to help youremember the basics of each of those subjects. Remember,a superficial knowledge should be sufficient. Spend yourenergy on raising your scores on subjects you really doknow.

4. Know your own studying style. I like to study in anoisy caf with lots of interruptions. I believe Im in the

minority there but it has worked well in the past. In fact, theone bar exam that I didnt pass (of the 4 Ive taken), I hadpeace and quiet to study for a couple of weeks. I usuallyspend all my time creating an outline but never have time toreview it. Somehow, the act of writing down the info with apen in a notebook is enough for me to remember it. (Itdoesnt seem to work as well if I type it.) Ive known otherpeople who feel the need to pour over their outlines fordays, remembering all the elements of a robbery, using

memory tools. Once I get the big picture, the details makesense. Some people need the details to build the big picture.

How did you study best in law school? That is a goodindicator of how you should study for the bar. Do you havethe long attention span of someone who can study fortwelve hours straight and still retain information? Or are you


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better off with a schedule that has you study an hour andthen take an hour off?

5. Focus on your strengths. Reviewing your old law schoolor failed bar exams from past attempts makes some sense

but focus on what you did right rather than obsessing aboutwhat you didnt. Look at your BEST answers and analyzewhat worked. Then do more of that! It is my experience thatoften folks knew the material but just didnt get it down onpaper. They got side-tracked or in a hurry and missed someimportant fact.

6. Earn points for what you dont know! On the exam,dont be afraid to spot issues even when you dont know whyit is significant. Youll get points for recognizing the issue. Afriend of mine was a practicing prosecutor in Florida andtook the NC bar knowing nothing about Corporations. Ofcourse, there was a Corporations question. On the Corpquestion which asked how he would advise his client, he saidsomething to this effect: Id make sure my client had a cupof coffee and Id excuse myself for a few moments to dosome research. Id go down the hall, pull Chapter (is it 55?)off the shelf and Id turn to the chapter on minoritystockholder rights.. In his answer, he showed that heknew the issues, didnt know the law and did know that heneeded to look it up. He passed the exam. There was aquestion on the North Carolina bar that so mystified me thatI can't tell you what subject it was about. I wrote it as a CivilProcedure question. I passed.

When I get a hypothetical scenario, I go through and circlethe facts that I think raise issues. Before I leave thatquestion, I make sure Ive mentioned each of them. Yes,

some are red herrings and luckily Ive been able to recognizethose. But Im sure that mentioning that I considered thered herring and why it wasnt relevant has gotten me pointson some questions.

7. Take care of your health. In law school, a night ofstudying meant getting tanked up on sugar and caffeine. If Ididnt have it in the house, Charleys delivered until 2 a.m.Id order a pizza and two 32 oz. cherry cokes, my drug ofchoice. My law school years were not my healthiest years. If

youve been abusing your body with caffeine (and alcohol)all through law school, try to regain your sanity before youstart studying for the bar. Most experts advise a six-weekstudy period for the bar exam. In law school, the pre-examstudy period was only a week or so and you could get awaywith a lot. Studying for exams was like running a 100-yard


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dash every day or two. The bar exam is the marathon. Eatwell, exercise, get enough sleep in the weeks before the bar.And, yes, take your vitamins and your Echinacea. Especiallyas you get closer to the exam, avoid sick people if you can. I

know people who have passed the bar exam while havingthe flu but you don't need to prove yourself that way!

On the day before the exam, schedule a massage, do someyoga, and eat foods that are especially good for you. Get agood nights sleep. Stock up on some healthy snacks andtake them with you to the exam. If you want chocolate orjunk food, eat them on Day Two. (Caveat: if you dont cleanup your diet and lifestyle before the exam, dont try to cleanit up at the exam. The last thing you need is a caffeine

headache or to be withdrawing from junk food.)

8. Talk to friends and family before you get crazy. And,you will probably get crazy and melt down in your ownspecial way, more than once. If you havent taken a barexam, you have no idea how stressful it can be. Thepressure to succeed and the fear of failure can beoverwhelming. Your family, your spouse, your non-legalfriends (if you still have any after law school), wontunderstand. Try to prepare them before you get crazy.Apologize in advance. Ask their indulgence. Significantothers should expect to be ignored. Promise to make it up tothem. Schedule a vacation with them after the exam. If youhave children, do your best to find ways to entertain themaway from your craziness. When I took the North Carolinabar, I was a single parent with a 10 year old at home. Forthe weeks leading up to the bar, my wonderful communitycreated a calendar of events for her. Every Tuesday for six

weeks, she went swimming at the Y with Andy and Vicky. OnWednesdays, Zemo picked her up and took her for a ride inhis red Miata. She went out for pizza at the mall. She visitedwith her friends John and Hannah. Each day was a new funactivity. Not only did she not feel neglected, she wasdisappointed when the bar exam was over and she wasstuck with Mom. I was able to concentrate on studying andshe wasnt around for my meltdowns.

9. Make your life easy during the week of the bar

exam. On the way to the Florida bar exam, I was rear-ended at a railroad crossing. Luckily I had allowed an extraday to travel to Tampa for the exam. Can you imagine howstressful it might have been if Id been driving there on themorning of the exam? If you can stay in a hotel or with afriend near the site of the test, do it. My favorite bar exam


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experience was the North Carolina Bar. A friend who lived inRaleigh invited me to stay at her house which was very closeto the site. She volunteered to drive me to the test site andpick me up each day. She made sure I got up on time. She

fed me breakfast and made sure I had snacks. She didntexpect me to converse with her and left me alone in theevenings. It was heavenly. If you dont have a guardianangel in the town where the exam is given, try to at leastget a hotel room.

10. If this isn't your first exam, that failed bar exam ishistory. Do what you can to put it in your past. We lawschool grads arent used to failure and it surprises, hurts,and shames us. Even if our friends say hey, it was just a

test, we know that it was a reflection of our worth on theplanet. Okay, so we know thats not really true but our gutmay say something different. Some famous, very successfullawyers didn't make it the first time and they recovered.Recognize success where you have it in your life. Gettherapy to heal if you need it. But dont take that last barexam into the new one with you. It is a whole new test andthis time, youre going to pass!


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Steves Tip #1: Dont commute to the test site.

Yeah, its another 4-5 hundred bucks to stay at a hotel nomore than one-mile from the test site, but it is money well

spent. Commuting by public or private transportation isfrustrating on a good day, and on exam day there is toomuch running through your mind to be worried about abus/train connection or a traffic jam. In addition, themonastic experience of going from hotel room DIRECTLY tothe test site AND RETURN there and only there (except tobring food to the room) helps keep you in focus to the taskat hand passing the exam! Walking that one-mile-or-lessin a non-stressful manner allows you to gather your

emotions prior to walking into the testing room.

Again, Im talking about a monastic three days. That meansno happy hour time with other test-takers discussingquestions-and-answers. Happy hour chats only make youdoubt yourself, and that self-doubt tends to carry forward tothe next testing session. Also, odds are the bar flies are theones who misread the question and came to the wrongconclusion not you!

Also, resist the temptation to spend your time texting, e-chatting or other social media stuff until the exam ishistory. Remember, the bar exam is not a social event or a"sharing" experience. It's like a three-day business tripwhich is filled with extemporaneous challenges andresponses. You need a clear head deviod of distraction.

Stay at the closest hotel possible (within short walkingdistance). Take whatever guides/notebooks you want with

you to review in peace. Have room service or take-out(eaten in your room) to reduce distractions and stress. Onlycall home or loved ones after the testing for that day iscompleted, and make no call longer than 10 minutes thisis not the time to be listening to or solving other peoplesproblems, or getting off-tracked for what should be theprimary focus for 72 straight hours.

Be a little selfish for these 72 hours, and if others cant

appreciate that during bar exam time, they really are not inyour corner.


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Steves Tip #2: (Essays) Read/review six, then do

three!

There is a tendency for exam takers to get a stack of old

essay tests, write their responses to the questions, and thencompare against the stock answers provided by the Bar.While this technique may provide very limited, rememberthe legal knowledge support, it does relatively nothing tobuild the skill of writing acceptable responses.

The essay test is a quickie practical test, as it replicates acommon activity for new associates in many law firms providing senior associates and partners with a synopsis of asituation and probable courses of actions (opponents andclients) to answer a clients question. So, the grader isactually assuming the role of that senior associate orpartner, and reviewing the response for that level ofcompleteness expected from a new associate being paid toperform. If the exam taker can accept that logic, the essaytest takes on a different, and job-related, perspective.

When the Bar provides its stock answers, all too often theexam takers pay little attention to the writing style used

within the answer, and instead solely concentrate on thelegal theories and law from a did I see that? viewpoint.That writing style is critical, as it shows several things: 1)the level of detail expected in a law firm on-the-job; 2) thealgorithmic process which the legal analysis followed toresult in the presented conclusion(s); and 3) the ability tocommunicate 1) and 2) in a concise manner which allowsthe senior associate or partner to present the findings to athird party (e.g., client) without translation by the junior

associate in front of the client.

So, my suggestion is to do the following:

1. Select any six Bar-provided essay tests with stockanswers.

2. For the first test, read the question and thenimmediately read the answer three times with the mindset

that you will have to discuss the content and conclusion withyour client.

3. Repeat the process in 2 above with five more Bar-provided essay tests and stock answers.


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4. Now, go back to the first test, read the question andthen write your answer to it.

5. Compare your answer style-wise (most important) and

then content-wise with the stock answer.6. Repeat the process in 4 and 5 above for the other five

Bar-provided essay tests and stock answers.

7. Now, select three additional Bar-provided essay testswith stock answers.

8. For all three essay tests, read the questions DO NOTreview the stock answers.

9. Write your answers to each of the three essay tests.

10. Compare your answer to the "stock" answer for bothwriting style and technical content to the stock" answer.

11. Have a colleague read your answer for readability andunderstandability ONLY and take whatever criticism in goodfaith.

Again, the primary goal here is to improve ones ability towrite better essay test responses. Obviously, if there areweaknesses in law content and analytical abilities, they willalso become evident.

Steves Tip #3: MBE preparation (reading skill / self-

doubt)

As a multiple-choice examination, the MBE really gives you a

chance to shine on your legal knowledge. However, if yourreading skills are not top-notch, the MBE can be likequicksand.

One of the problems with many of the MBE review programsis that the concentration is on picking which two distractersare off-base, and of the two remaining, which is the mostright. That type of approach always has you in circulardoubt is the answer you picked really better than the other

one? Throughout all of this right or wrong process, theclock just keeps ticking towards the end of the test. Circulardoubt, if it takes hold of you, usually means that come theend of the testing session, there will be several questionsyou never answered.


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So, we have two problems covered in this Tip: 1) readingskill, and 2) self-doubt.

READING SKILL. In this age of television and text-

messaging, the ability to read well is going the way ofcursive writing fast becoming a lost skill. Unfortunately,you have chosen a profession where reading complexdocuments is the cornerstone of successful lawyering. So,your choices here are only two: 1) improve your reading skillto a comprehension level between 300-350 words perminute, or 2) plan on being a paralegal as a full-timecareer. Yep, this is harsh, but it is reality.

Reading is a skill, not a talent. Just like any other skill,reading requires considerable and continuous practice inorder to improve ones skill level. If your world is on-linegaming, texting, movies, television and the club scene, yourreading skill (and your past MBE score) shows your lack ofpractice. So, between now and the MBE exam date, if youreally want to improve your MBE score, WORK to improveyour reading skill.

Improving your reading skill does not mean the absorption

of every treatise in the law library. You can improve yourskill through recreational reading an old-fashioned practicewhich can be your saving grace. Your reading tastes canrange from Agatha Christie to the Twilight series. It doesntmatter what your literary tastes are, as long as you investthe time by reading, reading, and reading some more.

The mind is a peculiar muscle, and it operates best infamiliar environments. If you have previously taken the Bar

(or the Baby Bar) exam, you know what the testingenvironment is. Try to replicate your recreational readingenvironment to match the MBE test setting by posture,noise, lighting, etc. as close as possible. This way, whenyou enter the MBE test site, your mind is in a familiar andcomfortable reading environment.

As your reading skill improves, so will the pace by which youcomplete your sample MBE tests. One goes with the other.

So, until MBE exam day, ignore the TV, forget the on-linegaming and the iPod, and explore the literary world as yourprimary means of relaxation. Those dusty old books may bethe difference in which letter the Bar sends you a couplemonths after the exam.


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SELF DOUBT. The MBE is a linear test. By that I mean,the MBE is designed to go directly from section to sectionwith minimal (to no) circular review. No matter how youcalculate it, theres only a minute or so (at an average) to

complete each question. When you have a fact patternfollowed by two-to-four questions, the time allotment is easyto miss.

Tests like the MBE are designed on one basic premise: theanswer is fairly obvious if you have the requisite technicalknowledge. So, if you can comprehend the question, youshould know the answer before you have read a singledistracter. At worst case, as you read the distracters, you

should be able to immediately recognize whats wheat andwhats chaff. In straightforward language if after youhave read the distracters, your gut tells you that B is thecorrect answer, then answer B and go to the nextquestion. DONT WASTE TIME .

If you complete the entire MBE session with time to spare,then take that left-over time to review the questions whereyour legal knowledge is weak. Trust those answers whereyour knowledge base is good, because if you cant trust yourgut now, you will never trust it in the money-making legalworld.

No matter what else, NEVER skip answer a question. If youskip a question or two, it is all-too-easy to find yourselfanswering Question #34 in the block assigned to Question#33, and then all subsequent answers will all be off-by-one on the answer sheet. You will NEVER have enoughtime to recoup from that error, and the shock/fear factor

that will strike will be devastating.

Steve's Tip #4 Physical (Time Zones, Diet and Self-

Control)

The CA Bar Exam is a 72+ hour marathon during which theexam taker will expend considerable energy. Those whohave previously taken the exam know the experience is an

exhaustive one, and that adrenalin will only take you so far.Once mental (and physical) fatigue have set in (usually atthe completion of Day Two), responses to the final essaysand practical test are less-than-stellar. That's where the bestof exam takers probably lose it Day Three.


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Two ways to get a mental advantage are to, at a minimumof three weeks priorto the exam date: 1) change your bodyclock by adjusting to a different time zone (Eastern orCentral Time), and 2) change your diet to eating healthier

foods (no junk food, no alcohol or equivalent).

He's kidding, right? Nope! It's all a matter of being at yourintellectual best, and that means being totally alert andready. Marathon/triathlon athletes prepare themselvesmentally and physically for a grueling experience, The CABar Exam is no less grueling than any athletic event andyou have too much invested so far to skimp on yourself atthis point.

Probably the best way to explain the advantage that havingyour body clock on a different time zone is to describe theexperience from check-in at the hotel (see Tip #1) to themorning of the second day:

1.4PM Check into hotel. Have dinner (decent healthyfood!). Review any notes for 90 minutes at the most.Make sure you have all of your IDs, letters, etc.necessary to enter the exam site, so panic doesn't hit

you in the morning. Resist the temptation tospend time texting, e-chatting or other social mediastuff until the exam is history. Call home once to telleveryone you arrived safely, and then get to thebusiness at hand. This is work-time, not social-time.

2.8:15PM Go to bed. Yes, go to bed! If you don't get agood night's sleep, you will be relying on adrenalin tokeep you going.

3.4AM Rise and shine. If you have adjusted your bodyclock, this will feel normal. You now can leisurelyprepare yourself for the day. Most hotels these dayshave coffee-makers in the room, so take advantage ofhaving a cup (bring any favorite beverage with you ifyou're not a coffee-drinker). This gives you a peacefulhour or so to review any last legal notes on your mind(and there will be some!).

4.6AM Have a good healthy breakfast (at hotel orclosest place). All of those public-service

announcements you've seen that kids do better whenthey start the day with a healthy breakfast also holdtrue for Bar exam takers.

5.7AM Go back to hotel. Get all of your ID, pens,pencils, whatever stuff the bar examiners have agreedfor you to bring into the exam site.


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6.7:15AM Walk peacefully to exam site (should be lessthan one-mile away).

7.7:35AM You should be entering the exam site by thistime.

8.5PM You should be exiting the exam site by this time.9.5:45PM You are now back at your hotel, stoppingalong the way to get a healthy take-out dinner (theother option is room service). Take the next hour torelax, have dinner, call your loved ones (10-minutemaximum per call).

10. 7PM By now you should be wanting to reviewsome legal notes based on today's exam questions.DON'T! You don't need the frustration of second-

guessing yourself. It's now time to shift mental gears.Your next experience is the MBE. Take an hour (or less)to do ONLY sample MBE questions.

11. 8:15PM Time to call it a day and get some sleep.Good night.

12. 4AM Time to rise and shine!13. Repeat Steps 3-11, and that includes in the repeat

of Step 10 doing some sample MBE questions (it'sreading you need the practice!)

14. 4AM - By now, you know the drill!Remember, this whole activity is 72+hour monasticexperience (see Tip #1). If your body clock issuch that the Bar Exam doesn't start until after 10AM (atleast that's how it will feel to your body and mind), you havea mental and physical advantage over everyone who isrushing back-and-forth, staying up late for last-minutecramming, and just stressing themselves silly.

Steves Tip #5: Think like a lawyer.

All too often, an examinee forgets that the bar exam essaysand practical tests are trying to measure one'spotentialperformance as a lawyer, not just how much legalknowledge the examinee has absorbed in law school. Thatmeans the examinee needs to approach each essay and

practical test as a practicing lawyer would, and not as astudent trying to second-guess a law professor.

Thinking like a lawyermeans approaching each situation asa puzzle with multiple solutions, and determining the


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better/best solution requires the application of multi-leveldecision algorithms.

Law school does train students (whether they realize it or

not) to use decision algorithms to reach a conclusion.However, since classes are organized by topic (e.g., torts,crimes, contracts, etc.), students normally see situations asbeing only within that single topical area. Rarely dostudents find themselves having to dissect situations intomulti-topical segments, as law professors normally teachand test within their single topic. As a result, once thatbright-light topical issue becomes obvious, students tend tofocus on that bright-light issue, and ignore the possibility

that other issues exist within the essay or practical testquestion. In other words, students are indeed skilled inapplying micro decision algorithms in their approaches tosingle-topic situational analysis, but do not effectively applyanymacro decision algorithms when reviewing essay andpractical test questions.

The following is my "12-Step Approach" to situationalanalysis. It's a macro decision algorithm for initiallyreviewing any client situation, and that's what essays andpractical tests are testing. This macro decision algorithmhelps see the situation from many angles, and having thatperspective allows the application of theappropriate micro decision algorithm(s) as taught in single-topic law school classes. These 12-Steps are:

1. Are there civil issues?

2. Are there criminal issues? (many situations have both)

3. Can the civil and criminal issues affect each other? (they

usually do)

4. What are client's best positions?

5. What are opponent's best positions?

6. What are client's worst positions?

7. What are opponent's worst positions?

8. What positions are negotiable?

9. How can litigation be avoided?


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10. If litigation is unavoidable, what is client's best tactic?

11. If litigation is unavoidable, what is opponent's mostlikely tactic?

12. Is settlement prior to court decision possible?

This "12-Step Approach" is the foundation for thinking like alawyer. In your preparation for the bar exam you willattempt many practice essays and practical tests. I suggestyou employ this macro decision algorithm as your initialreview of each essay and practical test. Finding those "otherissues" is critical in getting the best possible grade,and thinking like a lawyer- instead of thinking like a student

- will get you there.

Steve's Tip #6: Practice as you are tested

There is one "trick" to taking the MBE, and it involves thedifference between "3D Learning" and "2D Testing."

By "3D Learning," I mean eye/brain input/processing ofinformation from a computer screen with responsetransferred by fingertips on a keyboard where immediatefeedback is received.

By "2D Testing," I mean eye/brain input/processing ofinformation from a booklet with response transferred byhand-operated pencil making marks on a fill-in-the-circlepaper answser sheet and no feedback.

If the learning environment is different than the testingenvironment, the examinee undergoes additional stress andhas a greater potential of errors trying to make the physical(and mental) adjustment to an unfamiliar setting,information input process and response generation.

Think of it this way - a person "learns" to drive a car byusing a simulator. the visual cues mirror exactly what onewould see through a windshield. The person receives the

information/cues via the eyes, processes the appropriateresponse in the brain, and the brain manipulates fingers ona keyboard to have the car react as desired. When theperson leaves the simulator and gets "tested" in a real car,s/he finds the visual cues received by the eyes occur in thesame manner, and the appropriate resonse is generated in


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the brain. However, the "response delivery method" haschanged from fingers-operating-a-keyboard to hands-and-feet-operating-physical-devices. The environment haschanged.

For many, the MBE on test-day is no different. How manyfolk actually "learn" to take the MBE by replicating the "test"environment (table, chair, booklet, pencil, paper) so that theinformation is inputted via the eyes from a paper bookletinstead of a computer screen (unless one has the 'computer"testing option), and the appropriate response processed inthe brain is "delivered" in a manner other than a keyboard(in this case, hand-operated pencil) onto a physical medium

other than a computer screen (in this case, a fill-in-the-circlepaper answer sheet) which provides no immediatefeedback? Also, how many folk practice taking the test bysitting in a similar type of chair at a similar table as used atthe testing site?

We now live in a world of E-Books, electronic teachingsystems, keyboards/keypads, online research, texting, andinternet forums. Use of paper and hand-operatedpens/pencils are fast going the way of rotary-dial telephonesand TVs without remote controls. However, the MBE (unlessone gets an accommodation) is taken in an environmentcommonplace a decade or two ago, but fast becomingforeign in today's technology-driven society. As a result,examinees are finding themselves experiencing a "learningcurve" as they try to adapt to this testing environment whichis diferent than their learning environment - all happeningat a period of extreme anxiety and when time-is-of-the-essence.

Doesn't it make sense to prepare for the MBE in anenvironment similar to how the MBE is actually conducted?

Steve's Tip #7: Commercial Study Aids versus

Student Notes

How good is your note-taking ability? Are yournotes succinct and accurate? More importantly, how good isyour ability to read your notes several weeks/months lateras you try to review everything at once? No matter whatyour notes look like, odds are they take up considerablespace, are not organized for quick scan and may miss a


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point or two. So, as you make the final couple-of-months'study preparation, have you considered investing in somecommercial study aids?

We've all seen those plastic-covered, double-sided, single-topic study aids which are sold at legal bookstores and thebooksellers at shopping malls (just check the "study aids"aisle). These aids cost approximately five dollars apiece andare available in almost every law school topic. The questionis - are they any good?

I can only speak from my experience. A few months prior totaking the bar exam I bought as complete a set of theseplastic-covered aids as I could find, covering every topicfrom Administrative Law to Wills & Trusts. The investmentwas minimal (under $100). I read each aid several times,just to be familiar with it. They were all placed in a singlering-binder for easy storage and transport. When I took thebar exam I stayed at a local hotel (see Tip #1),accompanied with my "mini-library" ring binder. As I wasalready familiar with these aids, I found it easy to do acomplete topic review in a few minutes.

These commercial aids are not to be considered a substitutefor good note-taking and other reviews. These aids aregreat "memory joggers" which don't take up much spaceand, depending on how good one's reading ability is (see Tip#3), can allow for a quick topical refresher in minimaltime. My exam-day routine (see Tip #4) was to scan theseaids before breakfast, and again after dinner. The purposewas not to learn anything, but to bring to the mind'sforefront in a short time a lot of material previously

absorbed over many prior months. As the bar exam dayscan be stressful, any means of cutting through the stress toquickly bring otherwise-obscure legal issues back into one'smind has value.

Yes, I still keep a "mini-library" comprised of these studyaids. When one starts practicing, it's amazing how fast onetends to forget various aspects of the law outside of themain practice area, and how often one gets questions on

those quickly forgotten aspects. These plastic-covered gemsstill have the ability to brush away the cobwebs in a hurrywhen the need arises.


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Pass the Bar Exam

Guidance to Pass It the First Time!

by Pati McDermott, CHT

I work with many clients who take the bar exam onceand pass it the first time. There is a particular profile that isconsistent with the people who take it once and pass.

In my observation, the people who take the bar examonce and pass are completely focused on preparing for andtaking this exam. In most cases they take time off work andwork full time on preparing for the exam. If they are unableto take time off work they try to work part time or organize

their home life so that they are without distractions athome. Many of the people I have worked with who havefailed repeatedly are juggling multiple distractions withfamily, work and outside activities. My advice is to cancel alloutside activities for two to three months prior to taking thebar exam and devote yourself 100% to passing this exam.Do the best you can to achieve this level of commitment.

Identify your best strategy for focused study. Somepeople study better with music, some with total quiet. Youmight find something that symbolically connects you toperforming well like wearing a favorite pair of sweats orlighting a candle. A color, scent, or favorite object mightprovide a special enhancement for you. Some people like tostudy at the kitchen table where they can access everythingthey need quickly to limit the time it takes to take care ofday to day necessities. Many people find it impossible tostudy at home where they are constantly distracted. Acommon strategy for many people is to study at a library;any library that is conveniently located. Some people checkinto a motel during the week and spend Saturday night andSunday at home taking a break from studying and beingwith their loved ones. What environment is most conduciveto you doing your best quality study? Now is the time togive your best effort.

If you are a parent it is extremely important that youenlist the help and support of your family and loved ones.

Turn the cooking and childcare over to your spouse, yourmother, to anyone who is willing to make an investment inthe success of your future. I tell people to bribe theirspouse with something really good if they pass like a greatvacation or something their loved one really wants. Is therea hired person or family member who can move in with you


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for a couple of months to cook, clean and do childcare? Ifyou cant pay that person what can you bribe them with?Make it conditional on your passing so that they arepersonally invested in your success.

It is important to take some time away from the books toclear your mind. In the same way that your body needs restto rejuvenate, your brain needs that also, especially whenyour brain is working hard. Find your own rhythm and mostproductive pace and dont exceed that. Working too hardcreates anxiety and crams your mind with more informationthan it can integrate. Some people work best if they studyfor several hours and then take a longer break. Others workbest if they study for an hour or two and then take a short

break. Whatever your pace is stay with that to maintainyour greatest level of effectiveness.

Exercise is a great way to take a break and tounconsciously integrate what you have absorbed. Exerciseincreases the flow of oxygen into your brain. It has beenproven that people who exercise perform betteracademically. There are two ways to incorporate exerciseinto your routine. One is to use exercise as designated

break time. The other is to combine your exercise routine toinclude studying. Some people study with a book on atreadmill or run while listening to a recording. Do you preferto relax as a break and combine study with your exercisetime or do you use exercise as a way to take a break?Whatever your strategy, dont give up your exerciseroutine. If you dont have one this is the time to start.Walk, run, swim, ride a bicycle, dance to music in your livingroom, do yoga or pilates, go to the gym, use weights at

home, go up and down your stairs - incorporate this into aminimum routine of 30 minutes every other day.

Take off one full day each week as well as one evening tospend with your family or friends. Spend this time relaxingrather than partying. Go to a movie, watch one at home,have a relaxing dinner, go for a hike or a bike ride; conserveyour energy for your studying. Your day off might be thetime when you do your laundry, get groceries or clean thehouse. Be sure that you also take time off to relax. Somepeople can do their laundry while they study. Others findthis distracting. Rather than taking time for thesupermarket you can order groceries online for delivery tofree up more time for study or time off. Conserve time with


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frozen foods and delivered take out - its temporary so makeup for it with salads, smoothies, health shakes and exercise.

Pay extra attention to your nutritional needs at this timewhen your brain is working overtime. During memorization

and learning the brain requires additional nutrients,especially B vitamins and Omega-3s. Learn about the foods,such as whole grains, green leafy vegetables, olive oil, andfish, that are high in these nutrients. A good multivitamin, BComplex, and Omega-3 supplements can help you to giveyour brain the nutrients it needs. Educate yourself orconsult your health practitioner for advise on how to usesupplements to increase your nutrients. Avoid sugar,caffeine, and other substances. If you feel sleepy take a nap

rather than zapping your system with stimulants thatweaken you in the long run. This is an important time tooperate all systems optimally. Consider the needs of yourbody for high quality nutrition, rest and relaxation.

Another important factor in more easily passing the barexam is the importance of having a vision and a sense ofpurpose in becoming an attorney. If you already have anorganization or a company that you work with then

becoming an attorney has a context already set up for you.If you know what type of law you want to practice and whatsector of society you want to serve or represent then youhave a destiny and a vision for yourself. Always keep yourmind on your ultimate goal to see where you are going.This is one of the best ways to stay motivated. People whofocus on problems, either avoiding problems or solvingthem, lose their motivation when they move away fromthem or get closer to solving them. If you keep your eyes

on the prize then you look beyond problems and solve oravoid problems automatically as you go along towards yourgoal.

Sometimes we set ourselves up externally so that wehave an explanation other than our own shortcomings forfailing. If your life is full of constant distractions, forexample, then you have an excuse if you fail. Get somehelp in resolving these factors. Its also important to putthis experience into its proper perspective. The bar exam isonly an exam. Dont make it bigger than that. This is not alife and death situation! Keep a healthy attitude with abalance of focus and concentration combined with the biggerpicture. One of the best ways to cope and stay motivated isby accessing states of curiosity, optimism and humor.


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Turn off your phone, screen your calls or get theselective ring feature from the phone company. Let peopleknow that you will not be available until after the exam.This includes your friends and most of your family. The

limited time you have available is best spent with the peoplewho are directly supporting your process. Whoever is yourmain support is who to spend your limited free time with. Ifyou have a child incorporate your breaks into specialmoments every day with your child as part of yourdesignated break time. Family dinner time, a little timeafter school, and tucking your little one into bed at night,might be the only time you have to spend during this barpreparation time. It is a worthy sacrifice considering what

you will have to offer your family after passing the exam.If you belong to organizations, committees, or anything

that is not absolutely essential to your livelihood cancel yourinvolvement until after the test. You will have much more tocontribute to these groups as a licensed attorney. Passingthe bar exam must be your top priority.

Take a good bar review course, hire a tutor or do both.Law school does not always prepare people adequately for

the bar exam. Some schools offer better preparation thanothers, but everyone benefits from a good bar reviewcourse. I have not had one client pass the bar exam thefirst time who did not take a bar review course. A studybuddy or support person is also very helpful for quizzingyou, using flash cards, and helping you to strengthen yourweak areas to make them strong. Your weak areas canbecome your greatest strengths when you work on themsuccessfully.

Take the day off the day before the exam. Go to amovie, go for a hike, have dinner with your family, and donot study. If a question comes into your mind its okay tolook up the answer, but you risk compromising all the goodstudying you have done if you dont give your mind this vitaltime to rest and integrate. You will be much more effectiveat taking the exam if your brain is able to efficiently accesswhat you have been working so hard to learn. If youtypically sleep well despite the circumstances then allocatingsufficient rest the night before is easy for you. If it issometimes hard for you to sleep when you are facing achallenge consider utilizing some special relaxationtechniques and think this through in advance. Hypnosis canbe a very useful tool for helping you to get good sleep. You


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can hire a hypnotherapist to help you or utilize relaxationtapes that you purchase or make yourself. Prepare and planahead to ensure that you have sufficient sleep.

Plan in advance what and where you will eat your lunch

and breakfast and eat foods that are easy to digest. Scoutout eating places in advance or plan to bring your own foodto ensure that your body is comfortable while taking theexam. What foods always make you feel your best? Planout every step of what you will be doing on the days of theexam including driving routes, parking, bathroom locations,and having extras of all your supplies. Find the room whereyou will be taking your exam so that you know what toexpect. Some of these things can be done the day before.

By utilizing Neuro-Linguistic Programming (NLP),Thought Pattern Management (TPM) and Hypnotherapy weare able to not only make the bar exam experiencesuccessful but positive as well. Reducing stress and anxietyabout taking the test can create a positive and enjoyableexperience. Clients have reported feeling so confident andrelaxed that they looked forward to taking the exam andenjoyed the challenge and the experience of taking it. With

NLP and TPM we can create a successful study strategy, asuccessful exam taking strategy and create and sustainwhatever emotional and psychological states are mosthelpful and resourceful. Even someone with positive internalstates can be enhanced and improved on increasing greaterstates of focus and confidence. NLP and TPM learning andmemorization techniques are also used to increase theeffectiveness of studying and to improve retention andretrieval of facts when they are needed.

If you can pass law school you can pass the bar exam!Now is the time to do whatever it takes to pass this exam.Align yourself with everything you need and then do yourbest. You cant do better than doing your best.

Documents

BAR TIPS ONLINE.pdf