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Bar Exam Crunch Time : Suggestions Welcome

Tens of thousands of graduating law students around the country (11,000 in New York alone) are in final crunch mode studying for next week's bar exam.

The TL kid is one of them.

Above the Law has put up an open thread for sharing bar exam tips and stories. I'm doing the same here. Humor is appreciated. (And thanks to all of you who responded here.)

I can't imagine taking a bar exam in a room with thousands of other people. Nor can I imagine rules like these.

Applicants are NOT permitted to bring any items into the examination room other than one (1) clear, gallon-sized plastic food storage bag which may contain:

Pens (blue or black ink only)
Medication
No. 2 Pencils, Erasers, Highlighters
Feminine Hygiene Products
Beverage in plastic container or juice box only
Tissues
Quiet Snack (No peanut or tree nut products)
Ordinary Earplugs

More....

Then there's This student's story in the comments at Above the Law had me laughing out loud.

Another great read is Jeremy Blachman's 2006 WSJ piece, Trials and Tribulations: What to Expect While Taking the Bar Exam (free link.) After doing a couple of practice multiple choice questions with the TL kid last night on the phone, I think this is especially true.

I think the worst part is how doing those multiple choice questions makes you feel about the world. Nothing good ever happens to the people in practice bar exam questions. Everyone who crosses the street gets hit by a car, every doctor botches the surgery, parachutes never open, contracts never get fulfilled, anyone who uses a lawnmower ends up in the hospital, as soon as you write a will your whole family dies, employee benefit plans never pay out their benefits, computers all get viruses, your friends are always intoxicated, stealing your farm equipment, and driving it into the barn, police search you all the time for no good reason, you can never find a good place to hide your weapons, banks never recognize a signature as a forgery, and the forger always flees the country.

Not that it's any better for criminals. Arsonists never burn down what they mean to, thieves always end up murdering someone, conspirators can never convince their fellow criminals to back out, no one is ever given access to their lawyers before questioning, and spring guns go off in everyone's garage, each time killing the neighbor kid who just meant to return the tools he'd borrowed.

Jeremy is now a lawyer and morphed his blog, Anonymous Lawyer into a book by the same name. The book's website has a funny E-greeting card you can send to those taking the bar. The message:

Wishing you good luck on the bar exam. Because it's not not just a test of legal knowledge. It's a test of your value as a human being.

If you have some tips or horror stories to share for those taking the bar in New York or elsewhere, let's hear them.

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    ahhhh - the NY Bar exam (5.00 / 2) (#5)
    by scribe on Thu Jul 19, 2007 at 04:22:04 AM EST
    A few tips from friends who've been there, done that:

    1.  The NY Bar is a competitive exam, i.e., in so many words the examiners have decided how many people will pass (more or less) and the idea is to climb over all the others to get to the top.  So, give them what they want by forgetting all the other folks in the room and making it solely You vs. Exam.  Hit the issues, explain them sufficiently, and move on.  I'm surprised they didn't forbid cellphones, etc. - they assume everyone's guilty of cheating and treat them all accordingly.
    2.  In furtherance of #1 and exploiting all the insecurity already in the air, the examiners always lard the first question of the essay portion with (or build it around) Something Obscure You Didn't Study.  Suretyship, Tax, deep-in-the-weeds Wills, Powers of Attorney, Agency.  You know - the stuff the bar review spent 15 minutes on.  Their idea is to start the first minute of the first day with something to freak out the mentally unprepared and knock everyone out of their mental preparation.  This is in service of #1, by trying to trigger the takers' freakish levels of competitiveness back into control, rather than their rationality.
    3.  When someone leaves the room sobbing - ignore it.  Earplugs help.  You can feel badly for them or gossip about it later.  Remember, #1 above.  They didn't.
    4.  Same as #3 if the exam-taker next to you at the table passes out.  Earplugs help.  You vs. Exam.  And, if you try to "help" them - you run the risk of getting tossed from the exam yourself.  Remember Torts:  there is no duty to rescue, and the voluntary rescuer assumes the risk of injury (and liability) from participating in the rescue.  The rescuer might have an action against the original tortfeasor, but would likely have no damages - so why sue - because no one has an enforceable proprietary or contractual right in staying in the Bar Exam room after violating the "no helping" rule.
    If they guy's dying or bleeding or something - raise your non-writing hand to get the proctor's attention, then point.  Keep your writing hand, writing.
    1.  Use bathroom before starting.  Eat good breakfast.  Moderate the amount of coffee consumed. Go to bed by 10 the night before.  Get a good nights' sleep every night between now and exam.  Not that anyone would, but avoid alcohol and substances with similar effects.  
    2.  A friend told me the best money that friend has ever spent was having a therapeutic full-body massage the night before the exam.  The friend related that post-massage his voice went down a full octave (such that his then-girlfriend barely recognized his voice over the phone) and he felt like the proverbial wet noodle going into the exam.  The relaxation did him well.
    3.  It's now a week out.  If you don't know it already, it's not likely you will.  Devote some time to covering topics not already learned, but spend 90 percent of your practice time on taking practice tests.
    4.  It's now a week out.  The one thing you (and your sanity) need most is time away from Studying for the Bar Exam.  Take a day and go to the museum, the park, the beach, whatever.  Spend no time thinking about the Bar Exam - exclude it from your mind.  Be good to yourself because it will pay you back in spades.
    5.  The Bar Exam is Not Life - it is an experience.  (Like a kidney stone) it, too, will pass.  And, if you don't - why do you think they give it twice a year?  There are a lot of judges out there about whom fellow lawyers say:  "I sat next to him the first time he took the bar exam."  Remember that.


    I'd suggest you get a room with a bed (5.00 / 2) (#7)
    by SLH on Thu Jul 19, 2007 at 08:24:10 AM EST
    My husband and I had been married about a year when we took the Bar exam.  We had no money whatsoever, but we did have an empty apt. in the town where we were going to take the test.  We had rented it but not moved in yet.  Hubby and I and three of our best friends from law school all stayed in the empty apartment from the day before the test until after it was over.  We had a folding table, a couple folding chairs, sleeping bags, and pillows.  No beds, no furniture at all, no shower curtain, for crying out loud.  We ate out for all our meals and sat around on our sleeping bags to study.

    We had a great time, but looking back I'm shocked that we decided to rough it before the biggest test of our lives. We got totally wasted afterwards and it's one of our happiest memories of time spent with those three friends.

    Oh yeah.  We all passed.

    Relax (5.00 / 1) (#8)
    by Deconstructionist on Thu Jul 19, 2007 at 09:17:11 AM EST
     If you are prepared and even moderately intelligent the biggest obstacle is anxiety which causes you to perform below your capabilities. I know numerous people who were undone by nerves because they put too much pressure on themselves. Focus your last minute studies on the bar subjects you did not take in law school (e.g., memorize the holder in due course crap) but most importantly keep regular hours, get your sleep and as said above do things--I'd suggest every day but not necessarily all day other than study and RELAX.

      It's just a test. you've taken hundreds and hundreds of them before and you wouldn't have made it this far unless you usually did well. No one goes to jail or loses money if you don't perform well and you get  do-overs. If you were a good student and have spent the summer preparing you should be fine-- most people pass and obviously many of the people who fail were the weaker students and of the better students who fail, I'd say the vast majority just psyche themselves out.

    I agree with "Relax" (none / 0) (#9)
    by A DC Wonk on Thu Jul 19, 2007 at 09:44:38 AM EST
    Deconstructionist is totally right that: "most people pass and obviously many of the people who fail were the weaker students and of the better students who fail, I'd say the vast majority just psyche themselves out."

    I took the DC Bar something like 20 years ago.  At the time the fail rate was around 33% which un=nerved me a bit.  Then when I got to the exam room, there sure looked like a lot of folks who were there that just didn't have that "I was a decent law student" look about them.  It actually relaxed me.  Of the folks that I hung out with in law school, about 97% of them passed.

    And three quick memories:

    1.  The MRE (at least when I took it) was multiple choice and did not always have the right answer.  I remember distinctly reading a property question (not my strongest subject) and thinking, "hey, I know this one, it's an 'easement'", and then seeing that "easement" was not one of the choices. Uggh.  (We were also told that often times there was more than one correct answer, and we had to decide, based on context, which was the "more" correct answer -- depending on context "more" correct might be the more narrow answer, or the broader one.  Uggh, again)

    2.  I also remember that the DC part was an 18-question essay exam.  One of the questions was about a messy divorce case and trial, and one of the lawyers took the escrow money (which was a check), and ended up running off with the opposing lawyer.  For the life of me I couldn't figure out even what subject the question was: was it ethics? conflict of interest? divorce law? rules of evidence? embezzlement law? negotiable instruments?  The question was a full half-page long, and I ended up writing a one-sentence answer.  Yikes -- I just gave up 1/18th of the entire test on that one.

    3.  I remember totally blowing another question.  They asked about the procedures of getting a tax case into court.  I completely forgot the the US Tax Court exists.  What was terrifically ironic about that, was this:  taking a DC Bar review course I had an unfair advantage: I walked right by the US Tax Court building every day!!  (It's right near the Judiciary Square Metro stop).  OK, I blew another question.

    Despite all that . . . I passed.

    So, to paraphrase Deconstructionist, if you were a decent student that when to a decent law school and did decently in school . . . you oughtta pass if you studied reasonably well and get a good night's sleep.  Remember that the "pass rate" for your state also includes all the very poorly performing students who struggled to keep their heads above water in school (and some of them went to not very demanding schools).

    Good luck.  And enjoy the experience!  You'll be able to tell stories like the above for decades to come <g>!!

    Parent

    ear plugs (none / 0) (#1)
    by chemoelectric on Thu Jul 19, 2007 at 12:55:21 AM EST
    Mack's soft foam ear plugs are great, I use them all the time on account of hypersensitivity to sound, or just to remove distractions--but they can take practice to insert all the way. In my experience if you take them out and put them back in that makes bothersome itching more likely, so it's best to leave them in as much as possible.

    I was in the typing room (pre-lap tops) (none / 0) (#2)
    by oculus on Thu Jul 19, 2007 at 01:06:16 AM EST
    and used foam earplugs covered by gunnery headphones.  

    My advice:  don't subsist on Doritos.  Try to go for a run.  Don't convince yourself you failed.  Maybe you didn't.  

    A joke from my dad (none / 0) (#3)
    by scarshapedstar on Thu Jul 19, 2007 at 02:24:30 AM EST
    What do you call a law student who graduates last in their class?

    A lawyer!

    on the plus side: (none / 0) (#4)
    by cpinva on Thu Jul 19, 2007 at 04:05:00 AM EST
    it's only a one day exam. the cpa exam is 3 days, a test not only of knowledge (80% of which i forgot as soon as i completed the section), but endurance.

    that bag of allowed items sounds about right, and that was 20 odd years ago.

    good luck all!

    Are you sure about that? (none / 0) (#6)
    by Molly Bloom on Thu Jul 19, 2007 at 08:06:28 AM EST
    I am pretty certain the bar exam is at least two days in most, if not all jurisdictions, and three days in at least one state (California).  That does not include the MPRE (which I think all jusridicstions also require).

    I've taken three Bar eams, including California (status inactive). After the 1st one, they get easier. Hopefully the TL kid did the minimun 2000 practice questions (or is so smart, didn't need to!)



    Parent

    It's definitely at least 2 days (none / 0) (#10)
    by Billy on Thu Jul 19, 2007 at 09:57:53 AM EST
    I'm taking it next week, and I think all states (except maybe LA) have at least one day of essays and a day for the multistate.  Not sure if anyone else besides CA is 3, but it's a possibility.

    I'd take the CPA exam any day; it would make those tax classes count at least.

    Parent

    Good luck, Billy (none / 0) (#12)
    by Jeralyn on Thu Jul 19, 2007 at 10:11:12 AM EST
    What state are you taking it in?  Do you have a job lined up?

    Parent
    Thanks! (none / 0) (#25)
    by Billy on Thu Jul 19, 2007 at 10:36:22 PM EST
    MO - and thankfully, yes; I got lucky and scored a job.

    Parent
    hate to break this to you (none / 0) (#16)
    by cpinva on Thu Jul 19, 2007 at 11:56:05 AM EST
    billy, but unless there's been a massive change in the IRC, tax is usually a miniscule part of the exam. the only reason it counted for an essay question, when i took practice, was that it was right after the '86 tax act. aside from that, i wouldn't count on that one, 3 hr tax class you took in law school, helping you much on the cpa exam, if that's your entire accounting/finance background. lol

    forgive my ignorance on the length of the bar exam. i'm not quite sure why, but i've always had the impression it was, at most, one and half days long.

    anyway, good luck.

    Parent

    Damn! (none / 0) (#24)
    by Billy on Thu Jul 19, 2007 at 10:35:21 PM EST
    And here I thought those classes might do me some good.

    I wasn't trying to denigrate the CPA exam - I actually really like the accounting aspects of the several tax law classes I took.  The certainty is a breath of fresh air compared to "some courts say..."

    Parent

    10 years ago (none / 0) (#32)
    by cpinva on Fri Jul 20, 2007 at 08:37:52 AM EST
    i'd have agreed with you, regarding accounting's certainty. post-enron (and for that matter, dupont), i have come to the harsh realization that there are truly only two certainties in life:

    one is death, the other isn't.

    get a good night's sleep before the exam. make sure you have your plastic bag of necessities together the day before, so you're not running around like a chicken with it's head cut off that morning.

    get to the site at least 15 minutes before they open the doors, and go to the bathroom a few minutes before the start, so you aren't squirming in your seat for the first half hour, or however long it is, before they allow you to go, after the exam begins.

    bottom line: knowing the material alleviates a lot of the stress.

    Parent

    Not a One Day Exam (none / 0) (#11)
    by Jeralyn on Thu Jul 19, 2007 at 10:10:04 AM EST
    As the others note, it's two days just about everywhere and 3 in California.

    Parent
    2 1/2 in Texas (none / 0) (#14)
    by txpublicdefender on Thu Jul 19, 2007 at 10:35:55 AM EST
    When I took it in Texas in 1999, it was 2 1/2 days.  I don't think it's one day anywhere.

    Parent
    I Keep Forgetting... (none / 0) (#13)
    by norbizness on Thu Jul 19, 2007 at 10:21:10 AM EST
    ... in about a week will be the 10th anniversary of my bar exam, in Austin's Palmer Auditorium, a giant air-conditioned mausoleum of a building (since knocked down). I don't remember too much about the 2.5 day ordeal, apart from my getting drunk at 12 noon approximately 30 minutes after completing the Texas criminal procedure portion.

    Accept that you can't possibly know everything (none / 0) (#15)
    by txpublicdefender on Thu Jul 19, 2007 at 10:43:20 AM EST
    The most liberating part of my crunch-time studying was when I had the realization that there was no possible way for me to both understand and memorize everything that could be on the test, AND that I didn't need to do that to pass.  Personally, I decided I would never understand secured transactions and payment systems, which could only be tested in one possible "UCC" essay question.  So, I just memorized what it took to be a holder in due course and left that subject alone.  I passed without a problem.

    When I took the bar in Dallas, we also took it in a big room with a ton of people, and were limited by that ziploc bag rule.  That was particularly enjoyable for the ladies who had feminine products in their bags.

    My tips for test days:

    1. Remember that, in most states, the passage rate is at least 70%.  Look around the room and tell yourself that you only have to do better than 30% of the people there.  You'll see enough morons to make yourself feel better!
    2. Forget what happened in the morning session when you go into the afternoon session, and forget about Day 1 when you go to Day 2.  Absolutely, positively, under no circumstances, should you discuss questions from the test with other people!
    3. For the MBE, don't freak out when you read the question, instantly know the answer, and then fail to see anything close to your answer among the choices.  That happens to everyone.
    4. Relax!

    Good luck to everyone!

    Best advice I got before the bar exam was (none / 0) (#17)
    by oculus on Thu Jul 19, 2007 at 01:15:24 PM EST
    from a FL lawyer who was repeating the CA exam. He sd. there are worse things than failing the CA bar exam. That was a revelation to me. How could anyone survive failing the CA bar.

    Relax (none / 0) (#18)
    by sam on Thu Jul 19, 2007 at 01:45:14 PM EST
    First, stop working entirely a full day before the exam.  Otherwise you'll psych yourself out.

    Second, as one of my barbri instructors said, "It's a marathon, not a sprint".  Carbo-loading is about the worst thing you can do.  Instead, go out for a steak the night before.  My dad took me to Smith and Wollensky's, and, since he's an artist who wouldn't know a tort from a torte, we talked about other things.

    Of course, we had plenty to talk about, as my mother had passed away exactly four weeks before the exam (not unexpectedly, but still...).  People were generally shocked that I was even going to still take the test and not push off until February, but it was actually a great motivator.  As I said at the time, she'd come back just to kill me if I didn't pass the damn thing.

    I should also point out that, thanks to shiva and everything, I missed at least a week of barbri that I never made up, including the entire torts section, and I still passed.  

    I met a recent UCLA law school grad (none / 0) (#20)
    by oculus on Thu Jul 19, 2007 at 07:09:00 PM EST
    who didn't take a bar review course because he didn't want everyone asking dumb questions. Although I sincerely hoped he would not pass, in fact, he did--first time.

    Parent
    questions? (none / 0) (#22)
    by txpublicdefender on Thu Jul 19, 2007 at 09:39:23 PM EST
    My experience with BarBri was that they didn't let you ask questions.  They just gave the lecture.

    I don't think you should HAVE to take a review class to pass.  I know it made things a lot easier for me, and, maybe more than anything, it made me feel really prepared.

    Parent

    yeah - no questions (none / 0) (#26)
    by Billy on Thu Jul 19, 2007 at 10:39:48 PM EST
    Mine too - no questions except during breaks and after the lecture (if you're lucky enough to have a live lecturer that day).

    I know a few folks who passed without BarBri, but I don't think I'd have the discipline to get it done.

    Parent

    This fellow didn't want his fellow students (none / 0) (#30)
    by oculus on Fri Jul 20, 2007 at 02:34:23 AM EST
    asking HIM dumb questions.  

    Parent
    Not so long ago (none / 0) (#31)
    by Deconstructionist on Fri Jul 20, 2007 at 08:31:34 AM EST
     it was not "standard" for people to enroll in bar review courses. I'd say well  less than half of the people I knew took one back when I graduated. FWIW, I don't recall any significant difference in passage rates between those who did and didn't. I also don't know that there is any statistical evidence that passage rates have increased now that taking these courses has become so prevalent. (Does anyone know?)

       My thought on them is that if the courses give people additional confidence they will help them but I really don't see how the structured course can really provide anything "tangible" that is not otherwise available.

    Parent

    bar exam tips (none / 0) (#19)
    by zak on Thu Jul 19, 2007 at 03:04:10 PM EST
    1.  I loved having an erasable pen.  I don't think I actually used the eraser, but it's nice psychologically.  

    2.  If you can, get a room in the hotel where the exam is being given, or as close as possible.  You can have all your books spread out over the room, and look over them at lunch. Plus you don't have deal with family and friends during the exam days.

    3.  Wear a nicotine patch if you smoke.

    4.  The MPT is your friend!

    5.  Eat well and get plenty of sleep.

    6.  Good luck!  


    Taking another state bar exam is the only (none / 0) (#21)
    by oculus on Thu Jul 19, 2007 at 07:10:12 PM EST
    true inhibition to my not moving ASAP to Manhattan. Just couldn't do it, espec. with UCC on the exam.

    you can get reciprocity in NY (none / 0) (#23)
    by Jeralyn on Thu Jul 19, 2007 at 09:52:00 PM EST
    with any number of states. I did it in 1980.  Not that I've ever used my NY status, I just pay $300 every two years for the privilege of keeping it alive.

    Parent
    CA doesn't accept any other state's bar (none / 0) (#28)
    by oculus on Fri Jul 20, 2007 at 02:30:27 AM EST
    results and, therefore, it is my understanding NY won't accept CA's.  I'll check though.  

    Parent
    On Anality (none / 0) (#27)
    by kaleidescope on Fri Jul 20, 2007 at 12:46:17 AM EST
    I took the bar exam in July, 1988 at the Kaiser Auditorium in Oakland.  There were at least a thousand other people taking the test in that basketball arena.  On the day of the Multi-State, sitting next to me was an earnest looking young woman.  My jaw dropped when I saw what she'd brought with her.  First she pulled out a small alarm clock, next she pulled out twenty sharpened, No. 2 pencils, which she proceeded to arrange in an evenly spaced row next to her alarm clock. Each pencil exactly the same distance from the next pencil as all the others were.  Then she took out a pencil sharpener.

    Any info as to whether she passed? (none / 0) (#29)
    by oculus on Fri Jul 20, 2007 at 02:32:30 AM EST
    The bar review instructor on the multi-state portion of the exam told us to take a short break of c. 5 minutes when we reached the stapes in the booklet.  Only problem was those staples weren't anywhere near the middle of the questions.  Detrimental reliance.  

    Parent
    I was not THAT anal (none / 0) (#33)
    by Deconstructionist on Fri Jul 20, 2007 at 08:44:18 AM EST
      but I brought a lot of pencils too (wasn't much concerned with the arrangement). I didn't bring a clock to the exam but I always used to set multiple alarm clocks, (including wind-up in case of power failure)on exam days.

      I never worried about passing tests but I always had an irrational fear of oversleeping. I even had dreams about it-- some years after I had actually finished school.

      To this day I still carry A LOT of pens every where I go. I've had courthouse security chuckle as I empty my pockets of multiple pens and that's not counting the stash I always have in my briefbag.  My lifestyle and sleeping habits have changed so much oversleeping is no longer a worry. I'm usually awake by 6 even on  weekends and have trouble staying awake to midnight which used to be time to go out and start the evening.

     

    Parent

    Heh. (none / 0) (#34)
    by Gabriel Malor on Fri Jul 20, 2007 at 09:53:35 AM EST
    Decon, I've never had a problem with oversleeping (I just don't sleep that much and seem naturally to wake as soon as the sky gets light--which was a problem when I lived in London!), but I too have an uncontrollable fear of sleeping through my exams. And I've had nightmares about it. Now I set two alarms and use my cell phone alarm in case the power goes out.

    Parent