Passing the California Bar Exam

Now That Was Fun, Wasn't It?

2012-03-01T19:50:00.000-08:00

It sure was.

For the first time ever, I was looking forward to the challenge of both the essays and the PTs. And I always look forward to the MBEs, but this time I was eagerly anticipating them. I really wanted it this time, and I think I did it right. Finally.

Of course, time will tell but, based on past experience, I think I got 2000 points on this one (okay, 1440.0001.)

But that's all I'm going to say about that for fear of calling down the wrath of the bar exam gods.

On a positive note, all of my answer files have been successfully uploaded! Yay!

Good Luck, Everyone!

2012-02-27T11:26:00.000-08:00

Let's go kick some bar exam butt! I know I'm going to, and I'm going to enjoy the experience.

GP

I'm Entering "Stealth Mode"

2012-02-09T22:20:00.000-08:00

Going off the radar, so to speak. I'm going to be ignoring this blog until March. No posts, no comments, nothing - zip, zilch, nada, zed - and I'm not giving that decision a second thought.

Best of luck to all!

Focused Like a Laser Beam, I am.

2012-02-03T19:55:00.000-08:00

And it appears like my focus is producing results. The key word in the last sentence is "appears". Perhaps I should have said it "feels" as though my laser-like focus is producing results. Blah. Whatever.

Regardless, I've been able to spend more time studying/practicing/writing for this exam than I've ever been able to before. Which is a good thing. And like I said above, I feel like I'm making some progress. I've developed a better understanding of the MBEs (so I can maintain or improve my score there), and I think I'm improving my writing style. My approach to the essays is different, and for me anything different has got to be better (knocking on my wooden head!) I'm not yet where I need to be on the 28th, but I finally feel like I might be there when the proctor says "Go." How's that for irrational confidence? Hey, I'm nothing if not irrational!

I really, really, (really!), want this to be my last exam, and the effort I'm putting in to improve my work product is, I believe, starting to pay off. I've said that before, of course, but I'm confident I'll be better prepared for the exam this time than I've ever been before. Time will tell.

That's it. Just wanted to check in. Still alive, I am. I hope all of you who are in this boat with me are beginning to get in the groove.

Twenty five more days until the exam. Twenty eight more days until we can get back to our lives.

Hang in there.

Forty Two (42) Days Until The February 2012 Bar Exam

2012-01-18T16:20:00.000-08:00

That's it. Just wanted to say that.

We now return you to our regularly scheduled programing, already in progress.

Be sure to drink your Ovaltine!

So It's My Scores You Want, Eh ...?

2011-12-13T17:50:00.000-08:00

My final scores are as follows:

Raw MBE	140
Essay 1	65.0
Essay 2	57.5
Essay 3	52.5
Essay 4	60.0
Essay 5	55.0
Essay 6	55.0
PT-A	57.5
PT-B	50.0

Raw Written Total =	560
Scaled Written =	1287.4561

Scaled MBE =	1544

Total Scaled Score =	1377.2465

So, I still have a vacuum leak somewhere in my writing system. But I am taking active steps to address that issue this time. (Really. This time I am. Really, I am. Seriously. And I mean it. This time. For sure. Definitely. Count on it.)

Alrighty Then ...

2011-11-21T13:49:00.000-08:00

Got into re-read again, for the third or fourth consecutive exam; 1396/1377. 140 raw on the MBEs. 560 average raw on my writing. If I had scored 10 points higher on both of my PTs I would have passed.

And they did accept my late essays.

Of Course ...

2011-11-18T19:06:00.001-08:00

... I still don't know whether the Office of Admissions accepted my late file.

More on Monday.

Changed My Mind, I Did ...

2011-11-18T19:01:00.000-08:00

Taking the February exam, I will be.

I'll be damned if this thing will beat me.

Pissed, I am.

Goat's Guide Special ...

2011-11-18T19:00:00.000-08:00

Regarding the special price for the book, use the code "Feb2012GP" when making a purchase.

Blah

2011-11-18T18:03:00.000-08:00

Double Blah.

[Correction] February 2012, here I come.

Drats! I Was Hoping I Could Find A Reason To Be Away From My Computer Tonight!

2011-11-18T17:29:00.000-08:00

But no, the bar exam gods, fickle and mean as they are, conspired to force me to endure yet another 6:00 Friday Bar Exam Result Reveal Moment. The Bastards.

They even prevented me from losing the card with my App and File numbers on it. The Rat Bastards!

Oh well, I feel the encroachment of inevitability (and dey ain't nuttin' I can do about it!)

Blah.

Do You Know That Funny Feeling You Get In The Pit Of Your Stomach When You Think About 6:00 p.m. This Friday?

2011-11-15T17:32:00.000-08:00

I don't get that anymore.

A commercial message ensues: "The Goat's Guide. The complete step-by-step guide to preparing for the California Bar Exam on your own." will be offered at a $20 discount for the two week period starting at 6:00 p.m. this Friday until, well, two weeks later.

Best of luck to everyone.

Remember, they can't kill you if you won't die. (That's not from a movie, I just made it up.)

Still In File-Upload-FUBAR-Limbo As Far As The State Bar Is Concerned

2011-10-24T14:52:00.000-07:00

I've left a couple of voice-mails with the lady in the Admissions Office but she's not returned my calls. I'm taking that as good news (because I don't want to consider the other option.)

Some of you will be happy to hear that I'm seriously considering skipping the February 2012 exam. I've come to the conclusion that I might benefit from taking a break. Besides, if I don't pay serious attention to my financial situation I'm going to have much larger problems to deal with than merely passing the bar exam.

Of course, I'm also holding out hope that I've already passed the exam. All will be revealed on November 18th, by which time I'm hopeful that the State Bar will have gotten back to me.

On the bright side (it's pretty dim, actually, but it's brighter than the dark bar exam side), I'm still working my Judgment Recovery business. I've also been a Registered Process Server for a few years so I'm going to put some effort into expanding that business. If anyone out there is looking for a good RPS in LA County, I'm your guy. I've become pretty good at serving the hard targets - you know, the people that always seem to be able to evade the regular process servers. I'll try to post some of the more entertaining serves I've done recently - like the lady who lived at the nudist colony in Riverside County who thought that she was un-servable because the people at the front office wouldn't allow the server to pass the gate unless he complied with the "undress" code. The attorney told me she was not happy when I served her. And, no, I didn't have to serve her in my birthday suit (though I did consider it.)

In addition to my process service business, I was just approved for my Private Investigator license by the CA Bureau of Security and Investigative Services. I am waiting for my license to arrive in my mailbox so I can begin to advertise and seek work as a PI, but everything should be in place by the end of October.

UPDATE: My PI license number was issued this week so I'm an official certified California Private Investigator (Lic. #27613).

That's about it for now. Keeping my fingers crossed for November 18th.

Has Everyone Seen ...

2011-09-15T08:21:00.000-07:00

... Jason Tolerico's model answers for the July 2011 exam?

Interesting, they are.

The Answer Is: Goat!

2011-09-03T18:00:00.000-07:00

And the question is: "Are you one of the Commercial-Bar-Prep-Program "Sheep", or are you a Go-It-Alone, Self-Studying "Goat"?"

A friend has created a blog for those of us who, for whatever reason, have decided to self-study for the CA Bar Exam. Her blog is here: Be A Goat. She has also written an excellent book about how to prepare for the exam on your own. I'm going to use it to study for the February 2012 exam if I don't get positive news this November.

The book details a very comprehensive method for going it alone. As I read it, I saw many things that I did, and many more things I should have done, to make more effective use of the time I had to study.

Her approach covers how to make the best use of your time, the order in which you could/should study the subjects, a schedule you can modify and use to plan and track your study time, and suggestions for the best supplemental materials for each part of the exam. All in all, it's a complete methodology for preparing for the CA bar exam. It makes tons of sense, and it has the added benefit of saving you a lot of money because you won't be spending $5,000 or more on a commercial bar prep program.

Plus, for every book that is sold to someone who clicks through from my blog, I get a few bucks! I've resisted suggestions from my friends to commercialize my blog, (and this is not a first step in that process.) But I'm happy to recommend something I've always wished for; a resource to help me organize an effective personal self-study bar prep program that I can adapt to my own unique requirements and limitations, and Jessica's book does that nicely.

The link above takes you to her blog, and this link takes you to a page where you can buy her book. It's about $65, which is a bargain compared to the cost of a commercial bar prep program. And it's damn cheap compared to the cost of all the other stand alone bar prep resources/books/flash-cards/outlines that address just one component of the exam.

Anyway, I like her book and I'm going to use it for the next exam (if, like I said, I have to take it again.)

GP

Two Things . . .

2011-08-11T15:44:00.000-07:00

First: Yes, I checked to see if the exam had been uploaded, and no I didn't rely solely on the confirmatory emails. When I saw that the answer file for essays 4-6 had not been received, I went through the manual upload process (Thursday, about 6:30 p.m.) and uploaded the file. I then got the confirmatory email and I thought all was well. I took Friday off and didn't get back to my computer until after 6:00 p.m. That was when I saw the email from the State Bar informing me that the file had not actually been received.

I called Examsoft right away but they were closed for the day, and for the weekend. I called them first thing Monday morning and had the tech support guy log in to my computer remotely and upload the file. The problem, as he described it, was that Examsoft didn't write that file to the folder the program checks to see if there are any files to be uploaded.

It was only then that I discovered that I had actually uploaded the answer file for essays 4-6 from the February 2011 exam, not the July 2011 exam. The earlier exam files were still on my computer and, in my haste, I picked the first "essay 4-6" file that I saw. Then, when I got the confirmatory email, I failed to scrutinize it to see if it was correct because I saw only what I expected to see, that the file was received by them.

And, yes, again, I went through more steps, made more calls, and sent more emails than I am recounting here. I am omitting many tedious details of the story in an effort to save time, and because they're just useless trivia. Regardless, the correct file is now nestled securely on Examsoft's server and the nice lady from the State Bar said that my inadvertent error shouldn't prevent them from accepting it.

Second: The essays, sans released answers, are available on the State Bar website.

The Captain Has Turned On The Seatbelt Light, Please Return To Your Seats - We May Experience Some Turbulence

2011-08-08T17:52:00.000-07:00

What's that you say? My Exam file for Essays 4-6 wasn't uploaded by the deadline on Friday?

Blah²!

Yeah, that's right. Apparently, according to the Examsoft technical support guy, the program didn't write my answer file for essays 4-6 to the "upload" directory when it closed after that morning's session. He uploaded it easily enough on Monday morning, but the issue is still unresolved with regards to the State Bar.

According the the rules, instructions, warnings and advisories, any file not uploaded by the deadline of noon on Friday will receive a score of zero (0, zip, nada, zilch, nothing, crapola, go-pound-sand) for that session. Does anyone have any guesses as to what the likelihood is that I will pass if I receive scores of 0, 0, and 0, for essays 4, 5, and 6 (yes, that was a rhetorical question.)

I just got off the phone with the very nice lady at the Office of Admissions who asked me to submit a written account of my efforts to upload that file. She said they would consider that when they determine whether or not to accept my answers.

Blah³!

On the positive side, after hearing my verbal account of the steps I took to get the file uploaded when I didn't receive the confirmatory email, she said she didn't think there would be a problem. However, Murphy's Law still applies, so I'm going to be holding my breath, crossing my fingers (and toes), and saying frequent prayers until until I get confirmation from them that they will indeed accept my answers to essay questions 4-6.

All things considered, my reaction to this mess is, "What more can they do to me; make me take the February 2012 exam? No problem. Been there, done that; albeit for different reasons."

I'll post again when I discover my fate.

Well, as far as bar exams go, that one was pleasant enough ...

2011-07-28T17:55:00.000-07:00

And I'm not kidding. Seriously. I'm seriously not kidding!

The essays on Tuesday morning were not too bad, even that CivPro/Evidence essay wasn't as hard as they could have made it. And today's essays were very straightforward. I just wish I had written even ONE practice essay on future interests. Blah. Hey, did anyone else write on RAP? There was a little voice inside my head telling me that I should bring it up and give it a couple of sentences. I don't remember if I concluded anything, just writing about it gave me the creeps. I knew I couldn't attempt a comprehensive discussion about it because to do so would reveal the depths of my ignorance. Of course, if there's any rule we don't have to feel bad about not knowing it's the rule against perpetuities.

I'm going to keep this short (Hey Bartender! Mas cervesas, por favor!). Did I say that out loud?

Stay tuned for November 18th. I promise I'll post before then (at least two times, really!)

Alrighty Now ...

2011-07-25T12:36:00.000-07:00

Make sure your seat-belts and shoulder-straps are snug, and keep your hands and feet inside the vehicle at all times. Say your prayers. We're going in.

The Released Answers are ... um, Released!

2011-06-28T19:47:00.000-07:00

February 2011 released answers.

Alrighty Now ...

2011-05-20T19:39:00.000-07:00

I'm going back to my schedule of infrequent posts. My business is keeping me very busy and I have to find time again to work on my writing approach.

Be sure to let me know if I need to nuke the comments section (again) because I no longer receive e-mail notifications, and I'm not maintaining the blog like I used to.

Send me an email directly if you need to communicate.

All y'all take good care now, ya' hear?

The Gory Details

2011-05-16T20:30:00.000-07:00

Alrighty then ...

I've always complained that I've never seen anyone who had scores that went up after getting into re-read. I can no longer make that claim. My overall score before re-read was 1397.4254; my overall score after the second read was 1425.0881; my final overall score was the aforementioned 1407 (1406.6463 rounded up to 1407.)

Written     1st Read     2nd Read     Operant Grade
Essay 1:         50              50                   50
Essay 2:         55              50                   52.5
Essay 3:         65              65                   65
Essay 4:         65              70                   67.5
Essay 5          50              50                   50
Essay 6:         55              70                   60
PT A:             60              60                   60
PT B:             55              55                   55

Final Raw Written:        575.0
Final Scaled Written:    1320.3020

Raw MBE:                      143
Scaled MBE:                  1567.0000

Final Total Scaled:        1406.6463

One odd thing about the "Operant" grade is that whenever the difference between the 1st and 2nd read score is greater than 10 points, as it was for my essay 6, the essay is read a 3rd time in order to resolve the discrepancy. The information sheet doesn't mention how the 3rd read factors into the Operant grade so we are left to guess about how it's determined (it's either the actual score given on the 3rd read, or it's an average of the cumulative score of all three reads.)

I must say that this whole experience has given me an insight as to what makes me tick. I've always known that I had certain ... tendencies, that held me back from achieving some of the goals I've set for myself during my lifetime. I've been in something of a state of denial about them because non one wants to admit they have weaknesses, but this process has forced me to face them and to find ways to overcome them.

When I get my license, and I will get my license, I will be a stronger person for having gone through this. I thank you all (well, most of you anyway) for the support and encouragement you have given me. And to the extent that some of you have benefited from my struggle, I am glad I was able to help.

Total Scaled Score: 1407

2011-05-16T13:54:00.000-07:00

PT's sucked. I acknowledge that I didn't get on them like I wanted to before the last exam. It's on the top of my list for the next exam (again).

The information that you have entered ...

2011-05-13T18:03:00.001-07:00

... does not match with a name on the pass list.

Blah.

Waiting for Monday's mail. Again.

Here We Go Again

2011-05-12T12:06:00.000-07:00

I'm going to be away from my computer most of the day tomorrow so I'll have to get creative in my efforts to get my results. A timely posting is not likely so (for those of you who care) don't read anything into it if I can't update the blog right away.

Best of luck to all!

Alive, I am.

2011-04-14T09:45:00.000-07:00

Apologies for the disappearing act. One of the biggest challenges for me during my quest to pass the bar exam is having to switch between studying for the exam and trying to make a living. For better or for worse, I need to have a main long-term goal to focus my attention, and I'm trying to lessen the disruption caused by my current bi-polar (bar-exam/earn-a-living) situation.

Regarding the February exam, the answers I wrote this time were shorter than the ones I've written on bar exams in the past. I believe this was because my preparations consisted more of memorization of the rules rather than the writing of practice essays. As a result, I feel like I saw the fact patterns more as a sequence of issues to be discussed than as a narrative of events to be explained. I don't know if that will result in a better score, but I needed to change the way I presented my answer and that's what I settled on.

Regarding my lack of posts since the February exam, I can't point to one single thing as the reason for it - I just think I've beat the whole subject to death and, as I've written here before, I don't want to keep repeating myself. The time and effort I spend thinking up new and/or interesting content is time I can't spend on my day job. And considering that I'll probably have to start preparing for the July 2011 exam soon (based on past performance, recent style change notwithstanding) I need to make money quickly to so I won't be as stressed out when/if I have to start studying again.

So, that's my story and it's sticking to me! I'll try to post again before results are released.

I just checked the State Bar website and found that the questions for the February 2011 exam have been released.

I've Got A Dead-Bang Prediction For Thursday ...

2011-02-22T20:11:00.000-08:00

Professional Responsibility.

I know. Duh. But, hey, at least I'll get this one right.

It's All Over But ...

2011-02-21T10:03:00.000-08:00

... the doing.

So let's go do it. And let's make sure we do it well enough that we get haled into court in May to get sworn at (or, preferably, sworn in.)

Carpe Tuesday, Wednesday and Thursday.

GP

It's All Over But The Memorizing

2011-02-13T22:49:00.000-08:00

I realized something a few weeks ago. My recall of the rules is weak. Thus, my focus this next week is going to be almost completely on memorization of the rules.

And PT review.

And MBE review.

And a few practice essays, perhaps.

And ...

This is probably old news to most ...

2011-01-20T20:56:00.000-08:00

... but the CalBar has posted the released answers to last July's exam.

Here's The Plan ...

2010-12-10T09:22:00.000-08:00

I'm going to hammer the PTs. If I had scored 70s on both of my PTs this past exam, I would have passed. The plan is to spend a month figuring those things out, then another month on my essays, then the remaining time on my MBEs.

Good night, Irene.

As an FYI, I've gone offfline as far as the comments are concerned ...

2010-11-30T15:16:00.001-08:00

... so anyone who wants a response form me, or who wants to correspond, should contact me directly.

Muchas Thanks!

GP

Okay Then ...

2010-11-28T09:23:00.000-08:00

Moving on, we are.

I'm going to put up our Christmas lights, then I'm heading to the office for a few hours of study time. Good luck to all the other folks out there who find themselves studying this weekend instead of nursing a bar passing celebratory hangover.

Cheers!

Okay, Look, It's Like This ...

2010-11-24T20:28:00.000-08:00

I know everyone who posts "negative" advice - advice that is contrary to my stated goals here - is not a "hater". However, some are. And my last post was directed to them. To interpret it otherwise is to miss the point. If that wasn't clear before, it should be clear now.

I put myself out here, for better or worse (for worse, mostly, it seems, at times like this) for my own reasons. Call it therapy. Whatever. I know there are going to be people who laugh at, or make fun of, others when they're down. That's life. But they shouldn't expect their target to just lay down and accept their slings and arrows. That's life too. Their behavior is rude and disrespectful, plain and simple. And if their parents haven't educated them properly, well, I'm sure I can't help them, but maybe I can give them reason to pause and think for a few seconds before they assault their next victim.

Now, will everyone just go away and have a Happy Thanksgiving!

To All You Stone-Throwers Out There ...

2010-11-24T08:27:00.000-08:00

It's easy to cast aspersions when you're doing it anonymously. Everyone knows who I am. Who are you, really. If you're going to challenge or accuse me of something please remember your Criminal Law and afford me the opportunity to confront you, my accuser.

At the very least, try to respect your peers, elders, fellow humans, whatever. I would/will respect you if/when we ever met/meet. Please don't further sully the reputation of the profession by acting the idiot. But if you just can't help yourself, at least try to pretend that you're honorable when you're out in public.

Don't be this guy.

It's 5:01 A.M., Do You Know Where Your Kids Are?

2010-11-23T05:06:00.000-08:00

... or something to that effect.

Can't sleep at the moment. Decided to study my ConLaw outline. That's sure to put me back to sleep.

Also decided to go through the blog list on the right side of my blog. Haven't done it quite yet, but I will soon. I looked at it for the first time in quite a while and noticed that some of them have, um, gone stale. As a general guideline, I think I'll remove those that haven't had a new post in, say, over one year. Yeah, that's a good place to start, I think.

Blah.

And Away We Go ...

2010-11-22T14:20:00.000-08:00

Total Scaled Score: 1366.

Raw MBE: 139. I spent much less practice time on these that I have in the past because, due to prior commitments, I had only about six weeks to study. I figured I should spend what time I did have on my weakness, which is the essay portion of the exam. Unfortunately, I had forgotten many of the rule definitions and, as a result, I spent too much time reviewing outlines during my essay writing practice. That's not an excuse, I'm sure I could have made better use of my time. I don't have the same time-crunch challenge this time so I should be better prepared.

Raw written: 560. See explanation above.

Total Scaled: 1366.

Of the seven exams I've taken, I've scored between 1360 and 1400 on five of them. My MBE scores seem reliable, despite the fact that this exam had many more head-scratchers than exams past. So it appears I'll be spending my time improving my writing skills, starting first on reviewing the rules again. The difference this time is that I do actually have three months to fix the errors in my writing style that I was shown before the last exam, but which I had little time to fix.

Those of you who are gong to throw stones, heave away. Nothing you say will discourage or deter me. I will get this. My goal, and the path to achieve it, are clearer now than they have ever been. If you can't bear to look, then avert your eyes. There will likely be less to look at this time than in times before, anyway.

I've already submitted my application for February 2011, so those of you who will advise me to skip an exam can also save your breath (your typing time?)

For everyone else, here we go again.

And as someone I saw on TV recently said ... "Don't retreat. Reload!"

That advice, I'm taking.

I Hope Everyone Who Passed Is Having a Great Time Tonight!

2010-11-19T23:09:00.001-08:00

That's it!

GP!

And it looks like the legacy continues ...

2010-11-19T18:28:00.000-08:00

....

It seems I should have been a Cubs fan. I'll get it next year.

The good news is that in the weeks before the July exam I was shown what I was doing wrong by a couple of very smart people who know what they're talking about. Unfortunately, I didn't have enough time to make the required changes to my approach.

It's not the end of the world. It's the beginning of another project.

Hanging in there, I am.

Congratulations To Those Who Have Received Great News Tonight.

2010-11-19T18:21:00.001-08:00

I'm going to check right now.....

Has it already been three and a half months...?

2010-11-19T17:29:00.001-08:00

My, how time flies when you're trying not to look.

Best of luck everyone!

If You Haven't Yet Started To Study For The February 2011 Exam ...

2010-11-10T19:45:00.000-08:00

... you should know that you've only got 14 weeks left.

Yikes, indeed.

As for me, I haven't been doing much writing but I have been listening to lectures. I used to wonder if I shouldn't stop using my motorcycle as a primary mode of transportation because listening to lectures as I rode was too distracting. But now, because my motorcycle is a pile of parts, I can listen to my heart's content (even though my heart would be content listening to almost anything else.)

I have done a little bit of writing, but I'm just talking about outlines. One of the problems I had last time was that it would take me way too long to write an essay because I kept going back to my outlines to make sure I wasn't leaving anything out. My goal this time is to have my outlines, and hence the rules, at least 75% memorized again so I can focus on the structure of my answer without the distraction of bouncing back and forth between it and the outline.

I apologize for being absent from here of late. But every time I think of this blog I get just a bit frustrated, embarrassed, and angry with myself. I can't think of a thing to write that I haven't written about before (multiple times!) And I can't think of one good reason why someone who was serious about passing the bar exam would have any interest in anything I have to say. I'm sure my attitude will change when I get back into study mode but, for now, in this dead-zone between the exam and results, I've got more important things to worry about.

I will pass this one item along, though; I forget who it was who referred me to Bar Review Solutions, but it was back at a time when I was lamenting my inability to put together a study schedule. These guys will let you download a free 8-week study schedule if you register on their site. I'm using it as a starting place for my study program, all I have to do is expand it to the 12-, or 14-weeks, that I'm planning on studying.

That's it for now. Good luck to those of us waiting for results.

Yes, indeed, the questions from July 2010 have been released.

2010-10-06T22:39:00.000-07:00

And man, I never thought I'd still be here, after all this time, waiting for results of yet another bar exam.   But here I sit. Yes I do indeed.

But hey, at least I'm still sitting here. I know some folks who haven't had the opportunity or the good fortune to be able to stick it out for this long.   You all know how rough my road's been. I consider myself lucky on a number of fronts to still be here. And one of those fronts is purely physical at the moment.

What the heck does that mean, you ask? Just this ... on Friday the 24th of September my motorcycle spontaneously regressed to one of the states it was in during the early stages of its formation - a state that closely resembles a pile of parts. This late version of that state is different from the early version however in that there ain't no way any of those parts are going back together again.

As for me, I'm still in one part, although this one part is minus quite a bit of blood. Those of you familiar with "road rash" know of which I speak. Fortunately, I still have the use of all of my limbs except for, temporarily, the tip of my left index finger which was, at one point, a compound fracture that self-reduced immediately after the fragments of of what was left of that small bone drew back loosely into place ("loosely" because that bone is/was shattered.)

I won't go into details because I can't remember the important ones. What I do remember is all lanes of traffic slowing smoothly - except for the guy in front of me who decided that he had to come to a full and complete stop at that very moment. I have no idea what he was really thinking because he didn't stick around to explain himself. The last thing I recall before the trauma was the front end of the bike almost being down to the ground, sideways, and thinking to myself, "Idiot, your jacket's in the side bag", and "Gee, I wonder how this is going to turn out?" At that point I was still doing about 60 mph, and the concrete and the guy's rear bumper were quite close and getting closer quickly, ...

... then I remember sitting up in the carpool lane - then standing up in the carpool lane - then watching the rest of the 7:30 p.m. Friday evening traffic slow down to get a look at the bloody fool motorcycle rider who didn't bother to wear his leather jacket for the short commute home on that warm late-summer evening.

The final damage tally for the motorcycle is indeed final. It's kaput, gonzo, destroyed, disassembled without the use of tools, demolished, totalled.

The final injury tally for me was/is a lot of road rash, a broken finger, severely bruised and sore thighs and pelvic area (I'm lucky I didn't break a femur or two), and a leaky blood vessel in my lower abdominal area that wreaked havoc with my blood pressure for two days - my left knee is still about 150% of its normal size and my right elbow is full of fluid and about the size of a golf ball, which is an improvement from being tennis ball size last week.

But at least I didn't break any bones and no one ran over my head. I took a week off to get over the worst of the painful stuff then I got back to work on Monday.

Yes, I'm going to get another bike. No, it's not going to be right away. My luck has been trending negative for quite a while so maybe I should wait until I pass the exam before I move on that. On the other hand it looks like my luck might finally be turning around so this may be a good sign!

But on the other, other hand, I think I should probably just keep my fingers crossed while I've still got 10 of them to cross!

“I know I passed, [the exam] was just graded wrong.”

2010-09-21T18:28:00.000-07:00

A familiar refrain, indeed. This won't make anyone feel any better, but it's a very familiar thought to someone who has failed the CA bar exam.

(Hat tip to my buddy Hratch for finding it.)
--------------------------------------------------------------------------------------------------------------

Metropolitan News-Enterprise

Thursday, September 16, 2010

Page 1

C.A. Rebukes Applicant for Attacking Bar Exam Grading

By SHERRI M. OKAMOTO, Staff Writer

This district’s Court of Appeal yesterday sternly rebuked a Maryland lawyer who sued the State Bar of California over its exam grading review procedures after failing to gain admission for the third time.

Div. Two, in an unpublished opinion by Justice Judith M. Ashmann-Gerst, ruled that the sole venue in which attorney Joel D. Joseph could seek a hearing regarding the grading of his Bar exam was the California Supreme Court, and dismissed his assertion that this review procedure was unconstitutional as being “unfounded, and, quite frankly, offensive.”

Joseph told the MetNews yesterday that the he was only aware of one case in the past 150 years in which the California Supreme Court addressed the issue of attorney admissions, remarking: “I can’t think of a more illusory remedy.”

The attorney, whose website indicates he has been practicing law for 36 years and is licensed in Maryland and multiple district and appellate courts, said he recently relocated to Los Angeles and took the February 2009 exam.

Fewer than 34 percent of the 4,084 applicants who took that test passed it, representing a seven-year low, according to figures released by the Committee of Bar Examiners.

Joseph remarked that “obviously something is wrong with this Bar exam if seasoned professionals and law professors can’t pass it,” pointing out former Stanford Law School Dean Kathleen Sullivan had failed the July 2005 test.

“I taught law school at George Washington University, I’ve written 10 books on law, I’ve had many cases go to the U.S. Supreme Court,” he said. “I know I passed, [the exam] was just graded wrong.”

When the State Bar declined to have Joseph’s exam answers reread or provide him with an opportunity to review the graders’ notes, the attorney filed suit in the Los Angeles Superior Court, claiming violations of due process and equal protection.

Judge Norman Tarle sustained the State Bar’s demurrer to the complaint, finding that issues regarding examination fees and scoring were encompassed by the Supreme Court’s inherent power to control attorney admissions.

Ashmann-Gerst agreed, explaining that the State Bar “acts as the California Supreme Court’s administrative assistant or adjunct in the areas of admissions and discipline of attorneys” but the Supreme Court “controls the admission process as part of its inherent power.”

Citing Business and Professions Code Sec. 6066—which provides that challenges to State Bar certification denials shall be “reviewed by the Supreme Court”—and case law “confirm[ing] that the Supreme Court’s jurisdiction over the attorney admissions process is not only original, but also inherent and plenary,” Ashmann-Gerst concluded that the superior court was an improper forum for Joseph to seek relief.

She further noted that Joseph was “well-aware” of the appropriate appeals procedure since he had previously—unsuccessfully—filed a petition for a writ of mandate with the California Supreme Court challenging the results of his July 2008 exam.

The justice went on to chastise Joseph for his “inflammatory and unsubstantiated comments…peppered throughout [his] briefs,” opining such remarks were “unnecessary and unprofessional,” and that “an experienced attorney should know better.”

Rachel Grunberg, one of the attorneys representing the State Bar, said that the court’s decision was “pretty much expected” since “people often try this avenue and are just repeatedly unsuccessful.”

Joseph said he will appeal the decision to the California Supreme Court, and, if necessary, to the U.S. Supreme Court.

The case is Joseph v. State Bar of California, B221236.

Some Fiddling, I'm Doing.

2010-08-07T00:50:00.000-07:00

Yes, that's right, I'm fiddling around with the blog. You might see some ads (or not), or some new colors or layouts (or not), or ... anything, really. Like I said, I'm fiddling with it.

Just let me know if something looks heinously heinous.

I Would Rehash My Answers, But ...

2010-08-07T00:24:00.000-07:00

... I can't remember enough of the questions. That is, I can't remember enough detail from the fact patterns to give a reasonable approximation of what I wrote for each one. Sorry.

And, for better or for worse, I'm back now. I want to thank everyone for the nice comments and the encouragement while I was on my self-imposed exile. We will get past this thing as long as we heed the advice of my friend Jonathan and never surrender - never give up. We got through law school and we can get through this.

Cheers, all! Just imagine the crazy party we're going to have when we pass!

Well, that was pleasant, wasn't it?

2010-08-01T14:30:00.000-07:00

The only part of it that had me cursing was the Evidence essay on Tuesday. I spent a few days on my evidence outline, and a fair part of that was on character, but I didn't beat it to death. As such, I could have been better prepared for that one.

The MBEs have me worried a bit. I can usually find an answer I like pretty quickly, and I can almost always narrow it down between the two better options. But this exam seemed to have many questions in which all four answer choices seemed reasonable. I finished all 200 MBEs, but every time I looked at my clock I was three or four questions behind schedule.

The whole exam seemed to be a wolf in sheep's clothing. Besides that Evidence essay (and the MBEs generally), it seemed pretty straightforward. Which is usually a bad sign.

But, hey, shiitake happens, right? I'm keeping my fingers crossed and my outlines on my desk.

A Final Thought Before the Battle is Joined (again) ...

2010-07-25T14:39:00.000-07:00

But first, a comment. I have been true to my promise that I wouldn't read the comments. I stopped having them sent to my email and, as you can tell from the lack of posts, I haven't been here much over the past five weeks or so. Just the occasional short post, then out.

I suspect there has been some encouragement, and I very much appreciate that, even though I haven't read the exact words. And I hope there hasn't been much negativity. My guess is that the number of negative posts has decreased because most of those people get enjoyment when they cause angst and anguish and it's no fun when your target isn't paying attention. Which is why I've pretty much ignored them in the past - not reading the comments at all is merely taking that practice to the extreme.

But on to my final thought ...

If I've learned one thing these past few years, it's that the number of people who have taken the bar exam two or more times is hugely greater than the number of people who passed on their first attempt. As such, if this is your second or third attempt (or seventh!) waste no mental energy on lamenting that fact. You are in very good company. People fail this exam for many different reasons, most of which are as unique as the person struggling through them. As for me, the challenges I've endured are mostly over, but now I find that my recollection of the law (you know, that stuff we learned in law school) has deteriorated, and not just a little bit. As a result, as confident as I am that I'm going to pass this thing, the reality of the situation has tempered my expectations a bit.

HOWEVER, knowledge is power. And I'm going to use this knowledge to improve my chances in February of 2011. My plan is simply to keep studying after this exam is over. I'll take the weekend off, but come Monday I'll start to rebuild the solid foundation of law that existed back in June of 2007 when I graduated from law school. I'm going to build outlines and flash cards from scratch, just like I did way back when.

I've also had the benefit of getting some excellent technical advice on my writing (Thanks, Michael and Andrew and Steve!) - advice I wasn't able to implement completely before this exam, but which will be an integral part of my reconstructed foundation.

Notwithstanding all that, however, I'm still cramming for this exam. And despite all I wrote above, I'm still hoping for good news in November. Even though I've forgotten much, I still remember quite a bit, and there's a reasonable chance that the make-up of this exam could overlay nicely the areas in which I'm still fairly strong. Hey, I'm still here, right? I'm writing this between the 100 MBEs I did this morning and the essays I'm going to write after this is posted.

So, best of luck to all takers - both first-timers and (especially) all of us repeaters!

To very loosely paraphrase the time honored maxim of Equity, "If it can be done, it will be done" (and it certainly can be done!)*

And now, there's a dragon out there that needs slaying. Lets git 'er done!

GP

(* "Equity looks upon that as done which ought to have been done.")

I Know I Can!

2010-07-17T17:03:00.000-07:00

Yep, still here, I am.

2010-06-29T20:12:00.000-07:00

Plugging away. Diligently.

Seriously ... I even have witnesses!

Briefly, I'll tell you what I'm working on. I have a tendency (Okay, I have a serious problem) with my analysis, as if you couldn't have guessed by now. My specific issue is that after I relate a fact to an element I don't stop there. I try to bolster my argument by adding reasons why a particular fact goes with a particular element. In doing so I reference facts that belong to other elements and I end up repeating myself later in the analysis. As a result, I waste time. My essay begins to look like one big narrative instead of a discrete series of points, even when I separate the issues into their component parts.

My task now is to write an answer using just the fact, or facts, that go with an element without being so brief that I end up simply stating a conclusion. I have to go backward quite a bit, then creep forward until I find the happy middle ground. It's been quite a challenge because I've been writing the wrong way for so long. But I'm making progress. And that's encouraging.

And, so, back at it, I am ...

Cheers, all!

Job?!? I Don't Need No Stinkin' Job!

2010-06-11T21:25:00.000-07:00

Actually, I do need a stinkin' job, but I won't need one until August. This receivership gig is absotively posilutely going to end next Wednesday, then I'll be able to transition smoothly into practicing my I's and my A's. That is, I'll be able to focus on practicing the important parts of the all too familiar analysis we all know and love.

I'm not going to go into a detailed description of what I'm doing because it's already here, in the pages leading up to previous bar exams. I'm pretty much doing the same thing as I've done before but I'm focusing on my problem areas.

Hmmm, when I put it that way it sounds like a commercial for a personal product. "Do you have 'problem areas'? Everybody does. So why don't you try our new 'problem area' remover? It's guaranteed not to stain, and it will definitely help you pass the bar exam."

And I've been true to my word. I've not read any comments that may have been added since my last post. In fact, I've not even replied to a couple of emails sent directly to me. I apologize if that was you, but I'm really trying to focus here. I know you understand.

Hasta la Later ...

Comments? I Don't Need No Stinkin' Comments!

2010-05-21T00:06:00.000-07:00

In fact, regrettably, I probably don't even need the sweet-smelling comments.

As such, I'm no longer going to have them automatically emailed to me. At the risk of having the comments section run amok I'm going to give myself a little peace and quiet. I've decided to do this rather than to shut them down completely. I know that by doing this I'm inviting a flood of (unseen by me) comments telling me it's about time I pulled the plug on that "distraction". And while I know that observation is true and appropriate, I also know that to make the argument that I've only responded to a relatively small percentage of them, and then only in my spare time, will fall on deaf ears, so I'm going to turn a deaf ear to them (;-)> by not giving them legs.

Anyone who wants or needs to get in touch with me knows how to do that. And please, if the comment section really does start to run amok, I would appreciate it if someone notifies me directly so I can clean it up, restrict it, or shut it down.

Cheers, all!

Scores? I Don't Need No Stinkin' Scores!

2010-05-18T19:52:00.000-07:00

Well, that's not exactly true. I do need scores. I just don't need to know what they are.

Let this be a lesson to all y'all (but I know you don't need it.) This is what happens when you (well, me, anyway) only study for two distracted weeks before a bar exam.

To make myself feel marginally better I'll remind myself that I got into re-read for July 2009.

Brace yourself, and make sure the kids' eyes are covered.

Rounded up, I got a 1333.

Four 55's, a 50 and a 60 on the essays; two 60s on the PTs; and a raw 130 on the MBEs.

Blah is the word.

On the bright side, for the July exam I'm being aided by a very reputable and competent tutor (who shall, for now, remain nameless, for his protection, mostly, unless I pass, in which case ...)

Now I must get busy. Let's see ... where did I put my old outlines ...

In the past, after getting my results, I've always ...

2010-05-15T19:17:00.000-07:00

... registered immediately for the next exam. I didn't do that this time because I read the notice on the application page that said immediate repeaters can't register for the July exam until the following Monday. That's never stopped me before, but I'm going to follow directions this time.

I've been studying for the July exam since last Monday. That's not long, I admit, but it's a start. And I plan on registering for the July exam as soon as I get up on Monday. I'm not going to skip an exam because ... well, the reasons are too many to list.

The only way to get my license is to take the exam until I pass.

And I'm going to get my license.

This Blog is in Need of a Little Housekeeping

2010-05-15T17:27:00.000-07:00

I haven't done much in the way of maintenance on this blog in quite a while. I should probably at least click on all of the links to make sure they're still active. And I need to find a new countdown timer. Or not. (;-)>

My lack of attention to this blog does proves one thing, though. It proves that however much time I spent on it before, whether a lot or a little, the blog was not the cause of my failing the exam. So everyone who bitched and moaned and groaned at me for posting here "when I should have been studying" was wasting their time. On the bright side however, their regular and consistent griping adds credibility to my theory that some people are not happy unless they're miserable or they're making someone else miserable, if that makes sense. I'll never understand people like that. Life's too short ...

Hasta la vista, mi amigos!

It looks like I'll set some kind of record ...

2010-05-14T18:49:00.000-07:00

... whether I like it or not.

Hey, at least I can afford to take it again (that is, I can afford the exam fee - I certainly can't afford not to be working for attorney wages until November).

Maybe I need a change of venue.

I hear the weather in San Francisco is pleasant in July.

Haven't checked yet ...

2010-05-14T18:43:00.000-07:00

... going to check now.

New Pic

2010-05-02T17:37:00.000-07:00

Okay, for those few people who have made comments about my picture and asked why I haven't updated it, here you go. I took it a few minutes ago with the camera on my laptop. It's the new GP, same as the old GP.

The location is the office here at the store. The reason the walls look like something you would see on the inside of a commercial restroom is because the office is in what started out as the men's restroom. They did this because they needed the space taken by the old "office" for a walk-in produce refrigerator. Then, because they still needed an office, they yanked all the plumbing and porcelain from the men's restroom, moved in a desk and a couple of shelving units, and called that an office. They finished off the room's feng shui by laying down some blue indoor-outdoor carpeting. Lovely, it is.

My Monthly Update

2010-04-20T13:54:00.000-07:00

It appears that I've settled on a monthly posting schedule. I don't mind if you don't mind.

My hearing last month went well. The judge agreed with me that the judgment debtor was properly served. I literally didn't have to say a word (except for the "I do" after being sworn as a witness.) The judge heard his argument and promptly denied the appeal. I don't think the entire hearing, from "Do you swear to tell the truth?" to "The appeal is denied." lasted more than five minutes. Yay for me. Justice prevails (this time.)

My receivership adventure continues. It's become a six-day-a-week job. My day starts at 6:00 am and ends at about 1:00 am when I finally get to bed. On the bright side, my conversational Spanish is getting better. It's all scheduled to end on May 7th when the business is sold to the highest bidder. It will be good to spend time with the family again, but I'll miss the easy money. The pay is good, but it should be because I've put almost the entire rest of my life on hold.

Hasta luego!

Are You Receiving Me?

2010-03-25T23:35:00.000-07:00

'Cause I'm receiving you!

Actually, I'm working as a receiver with an associate on a case 50 miles south of my house. He has many years of experience in this field and I have very little, but I'm learning a lot every day and it's very interesting. The only challenge is the time involved, but I'm not complaining because the pay is good. We've taken over a Mexican market and carniceria that's the subject of a lawsuit and I'm the guy on the ground. The store is open from 8:00 am until 10:00 pm and I'm there the whole time, every day, with two days off per week. We've been there for two weeks and we expect to wrap it up some time in May.

I have tomorrow off, but I have to be in the Santa Monica small claims court at 1:30 pm. One of my judgment debtors lost a motion to vacate the judgment for lack of notice and he appealed. He gets to appeal the ruling because the judge who heard our arguments that day was pro tem. So we get to do it all over again tomorrow. I'm just glad the hearing is not scheduled for 9:00 am. After working 70 hours in the last five days (80 hours if you include the commute time), I need to sleep in.

February 2010 Questions

2010-03-13T11:10:00.000-08:00

As an astute commenter pointed out, the February 2010 essays and performance exams have been released. And as you all know, these are just the questions. The answers will come along in another month or three.

Make sure you have plenty of antacids at hand!

For those wanting a recap, knock yourselves out! (;-)>

It's all over now (for most of us) except for the waiting, (and the grading.)

2010-02-26T20:06:00.000-08:00

I only really studied for this one in the last week before the exam. The need to try to earn some money was greater than my need to study. And honestly, I feel like I did no worse this time than last time when I got a 1398 (1403 on first read). This time, though, I spent a greater percentage of my time practicing PTs, because that's my weak area. If I had scored 10 points higher on those last time, I would have passed. The first time too, back in July 2007, for that matter.

I do think, however, that I'll keep reading the outlines, and making my own, something I didn't do in law school, until at least May 14th. For an hour or so per day. Probably. Maybe.

Hey! Don't make me come over there!

2010-02-23T18:14:00.001-08:00

I had to delete a couple of comments by people sending out negative waves, man. Like, that's just the wrongest, dude.

First day's over. No recap for, or from, me.

Going to go over PT formats tonight. That one today was unusual. But that's all I've got to say about that!

Get some rest, folks. One day down, two days to go.

Cheers!

Okay Everybody ...

2010-02-22T09:26:00.001-08:00

... break a leg.

Or two.

What? Me Worry?

2010-01-30T20:15:00.000-08:00

We've all heard of those people who could only take the last week or three off right before the exam to study. We've mostly heard these stories in relation to the wonderment of how they did this awful thing but still managed to get a passing score. Well, I'm apparently aspiring to do just that.

I'm in this position because I have to pay the mortgage. All of the supplemental financial resources I relied on during previous bar exam attempts are depleted. I have no choice but to accept any and all work offered to me. Well, that's not exactly right. I am declining some work. But for the most part I'm taking it all and that leaves little time for study. I've had to abandon the illusion that I could keep paying all of my bills while I did this bar exam thing (hey, who really needs a 750+ credit rating anyway?)

When I say "work offered to me" I'm of course referring to my judgment recovery business, but I'm also doing process service. I became a registered process server in November of 2008 as a safety measure in case I didn't pass the July 2008 exam. In hindsight, that was an excellent move. I've been staying busy doing serves for some of my buddies who have passed the exam as well as other people in the judgment recovery business.

I haven't been posting here because I've been very busy, and, as I've said before, I think I've said about all there is to say about the bar-exam-taking process. I don't enjoy talking just to hear myself talk and, contrary to what a few people think, this is not an ego trip for me (that should be painfully obvious).

Actually, I am getting a little studying done here and there. I'm mostly focusing on the PTs. My plan is to become very good at the PTs and at the same time not lose my traditional edge on the MBEs and my recently acquired proficiency on the essays. Despite the fact that I haven't been able to practice as much as I'd like, I still have a pretty high level of confidence that I'm going to pass this time. Delusional? Perhaps. I prefer "Optomistic". Remember, I'm a glass-half-full kinda' guy.

I encourage everyone out there to keep their noses in the books. When I'm not reading I'm listening to lectures, which helps me stay current on the rules. And most important, I believe, is practice. One of the most consistent pieces of advice I've heard during the time I've been doing this is to practice writing as much as you can - essays, PTs, short outlines for memorization. That's what I'm trying to do now. In the next few weeks it's what I'm going to be spending the bulk of my time doing.

Cheers, all. Continue to endeavor to persevere! (;-)>

The New Phone Books Are Here! The New Phone Books Are Here!

2010-01-04T23:31:00.000-08:00

Actually, the July 2009 released answers are, uh, ... released.

Happy New Esquire, Everybody!

2010-01-01T16:35:00.000-08:00

Of course, I mean Happy New Year, but I'm also wishing those of us taking the bar exam (again?) a Happy New Year that includes the letters "Esq." behind our name. (;-)>

I haven't posted much lately because I've been working and studying. I'm trying to keep the lights on at home, not to mention the mortgage paid, and that's taking a lot of my time and focus. When I'm not doing that, I'm trying to maintain the household and to find time to study. It's a crazy balancing act!

But I'm getting it done. As, I'm sure, are all of you. Keep on keeping on, or "endeavoring to persevere"! We'll get this thing done in February (of 2010!)

Merry Christmas To All ...

2009-12-25T16:44:00.000-08:00

... And to All, A Good Study Session!

Okay, just kidding about the study session thing.

Merry Christmas, everyone. May our next Christmas be cheery and bright (with a brand new license hanging on our wall!)

(;-)>

Happy Thanksgiving!

2009-11-26T11:57:00.000-08:00

Today, I'm thankful the California State Bar gives us unlimited chances to pass the Bar Exam, even though I'm only going to need one more of those chances.

Now, for those of you who have heard me say this before, please hold your laughter; I'm going to pass the February 2010 CA Bar Exam. Okay, technically, I haven't said that before. I've said that I'm going to pass some other administration of the exam. But there's something about the way I'm feeling about it now that's different than before. Way different. In a good way.

And that's all I have to say about that, today.

Happy Thanksgiving to all. Especially, again, to my family, which is spread far and wide. This has been a tough ride. If you'll just hang with me for a little longer, we'll have something to be truly thankful about by this time next year.

Brian
aka GP

I've Decided To Skip ...

2009-11-23T16:55:00.000-08:00

... the Ontario Exam Center this time. (Hah! Gotcha!)

On my application for the February 2010 exam I listed Pasadena as my first choice of locations with Ontario as my second choice (San Diego third).

My mail just arrived. I got into re-read for the first time. My raw scores on the first read were, (drum roll please) ...

Essays: 60, 65, 60, 50, 70, 55
PTs: 55, 55
MBE: 134

On the second read ...

Essays: 60, 65, 60, 50, 60, 65
PTs: 50, 55
MBE: 134 (no change, obviously)

Scaled written = 1342. Scaled MBE = 1504. Total Scaled = 1398

So, I brought up my average essay scores, I blew huge chunks on my PTs (as usual), and I failed to maintain my edge on the MBEs.

And that's the rest of the story.

The Good News Is That I Will REALLY Know The Law When I Pass

2009-11-20T18:10:00.001-08:00

The bad news is, I won't be able to use it in a court of law until next year.

The good news is, I can really focus on my judgment recovery business for the next six months or so.

The bad news is, I'll have to manage my time between that and bar prep for February 2010 for a few months.

The really good news is, I sincerely feel like my chances on the next exam are better than they've ever been.

And there's nothing bad about that!

Cheers, all. It'll be Groundhog Day for just a little while longer!

Hey, My Timer Says There's No Time Left!

2009-11-20T18:05:00.001-08:00

I guess I better get something to eat ....

Time to plan!

2009-11-16T11:24:00.001-08:00

Plan for what, you ask? It's time to plan for next Monday.

If your news is good, it's time to hit the streets looking for a job. You should, I believe, set your sights a little lower than you might have just five years ago. By that, I don't mean you should not expect to get hired right away or to plan on making less money, I mean that you should look for small firms that have too much work and a couple of spare offices. You might be working longer hours for less money at first, but the satisfaction level at a smaller firm (or even as a solo) is likely to be much greater than it would be at a large firm. Especially over the long term.

And if your news is not so good, it's time to reassess your study plan. If this is your first shot at the bar exam, you might not want or need to tweak much, especially if you came close to passing. But if, like me, this is not your first (or second, or third, ...) time taking the exam, you'll want to explore options on how you can improve your preparation. Like Bill Murray said in Groundhog Day, "Anything different is good!" If we want to get a different result next May, we have to do something different between now and the end of February. We want to wake up from our own personal Groundhog Bar Exam to something different. And anything different, like a passing score, will be good!

Uncomfortable routine is vastly overrated. Let's try something new, shall we?

Cheers, all! There's just four days left to something new!

Nine-Plus Days, and More Sample/Model Answers

2009-11-11T15:45:00.000-08:00

Vivian Dempsey has provided answers to the July '09 exam questions.

There's just over 9 days left until results are released. I've been pretty successful in putting that date out of my mind, and I've already started studying for the February 2010 exam.

It's getting harder by the day/month/year to write anything on this blog. Or, rather, it's getting tougher to write anything meaningful. On one hand, I have a lot to say, but on the other hand, I've said it all before. But, on the other, ... foot, most everyone who's read the stuff I wrote before has already passed the darn exam and isn't reading this thing anymore. Blah.

So I guess I should start again from the beginning. I'll just have to do things better this time around.

And away we go ...

The Thing About Bar Exam Tutors ...

2009-10-14T08:18:00.000-07:00

... is that they are all teaching the same thing. What differentiates them are the quality of their study material, how they present the subject matter, and how they motivate you to prepare.

The thing is, by the time we graduate from law school we all have a pretty good grasp of the limited body of knowledge required to pass the bar exam. Because of this universal fact, the value offered by the various bar exam preparation programs comes down to how we relate to the personality and style of the person doing the tutoring. Sometimes the tutor is the person whose name is on the front door; other times the person doing the tutoring (read, motivating) is a hired gun who can present the material in a more interesting or thorough fashion.

In large part (ihmo), the degree to which you will benefit from a particular bar prep program depends on whether, and how much, you like the person doing the tutoring. It's very similar to the times in school when you really liked a particular Professor and didn't like another. You usually performed better for the Prof you liked than for the one you didn't. Sure, sometimes you were just more interested in the subject (e.g., Crim Law v. Property). But usually, your desire and ability to do well was influenced more by the medium than by the message.

Bar Prep programs are the same. Assuming all other things are equal (our grasp of the material, our desire to pass the bar exam, our ability to retain the information, lack of other disruptions/distractions in our personal lives) the key is the relationship, if you will, between the tutor and the pupil.

So, if you're looking for a tutor, you should find someone you can relate to and who can relate to you. It's a buyer's market out there. Don't commit to a particular program just because the person on the other end of the phone insists that there are a limited number of seats in their program and, hey, you're in luck because they just had a cancellation. Take some time and make a calm rational decision. Talk with the person you'll be interacting with. If something doesn't feel right, move along.

There are lots (and lots) of people in the Bar Prep business. Some of them rely only on your determination to pass the exam so you can get your license and start working. They know that you're going to pass no matter who takes your money. All they have to do is stand in front of the room and read an outline. In one program I sat through, the guest lecturer said "No questions please, I've only got 90 minutes to get through all of Civil Procedure, and that includes a 15 minute break." Unfortunately for us, the 90 minutes also included correcting the errors in the material issued to us by the author of the program 30 days prior. These people tend to inflate their image and often brag about very high, and unverifiable, pass rates.

Other tutors care about your plight and know that their future income depends on your success. They're excited, energetic, and genuinely interested in you and in your progress. Take the time to find these people. Make a few phone calls or go sit with them and talk about their program. If you do that, you'll be much more likely to have a positive Bar Prep experience, and you'll greatly increase your chances of receiving good new in November (or May).

Keyser Söze. Keyser Söze!

2009-10-01T19:15:00.000-07:00

The Usual Suspects is on. Great flick. Haven't seen it in years. I think if I was going to be any character in that motley crew I'd be Keyser Söze. Of course, he never really appears in the movie. He's a big influence, but he never makes it onto the screen.

That's me all over.

More model answers here:Questions 1-3.

In the spirit of ...

2009-09-16T23:01:00.000-07:00

... what's the word ... sharing?

When anyone finds a link to other tutors' sample answers to the July '09 questions, send it to me or leave it in the comments. I'll post it here so everyone can peruse and evaluate on their own.

Fair enough? I think so. If you disagree ... well ... leave it in the comments.

Cheers!

What's One Man's Opinion Worth?

2009-09-16T16:38:00.000-07:00

The answer to that query depends on the man. In this case the man is Steve Liosi. Steve runs a bar exam prep service called Bar Perfect.

What's his opinion, you ask? Well, as all good California Bar Exam tutors are inclined to do, Steve has put together sample/model/demonstration answers to the July 2009 questions. You can read them here.

Steve's answers are at the link above but you'll have to get the questions from the California State Bar site.

Correct, you are.

2009-09-04T14:57:00.000-07:00

I'm referring to both Legis and Anon 12:40 in the comments to my last post.

Anon is right when he says that I can't take the exam in another state. Yet. Because I went to a non-ABA school. But when I do pass, I'll be able to sit for the exam in a limited number of states. Then, after I've practiced in California for five years, the number of states in which I can take the exam increases yet again. I don't know the exact numbers in either category because I really don't want to move out of state. I was born in L.A, and grew up in SoCal. I like it here.

Legis is right because, well, because everything in that comment is something I've said before in one way or another. No one's giving up. We're going to pass this thing.

Ack... 80 days!

2009-09-02T07:24:00.000-07:00

But then, I guess that's better than the 110+ it was right after the exam. Pretty soon it will be 1 day, then zero.

Then it will be 100 or so days until the February 2010 bar exam. Then 75+ until the results are released for that exam.

Then it will be ...

Blah.

I've ceased trying to be optimistic about the day results are released. My attitude now is more like a guy on death-row who's appeal gets granted by some higher authority, thereby postponing the execution date one more time. Realistically, all I am looking forward to on November 20th is having enough room left on a credit card to charge the admission fee one more time. And no comments or suggestions, please, on skipping an exam. While that might work for some folks, it's not an option for me. But thanks for the consideration.

Someone posted a comment that the questions for the last exam have been released by the Bar. You can see them here.

I apologize for not posting a breakdown this time about the issues I found on the essays. For some reason, it just didn't seem as important as it has in the past. I don't know if that's because I'm so tired of the whole process, or because I felt a greater need to simply get on with my life. Probably a bit of both.

Here's a bit of bizarre wisdom for you, "All things change." It's 'wisdom' because it's one of those philosophical truisms that we mutter when we discover we have no control over something we wish we had control over. And it's 'bizarre' because it doesn't seem to apply to my situation with the bar exam.

In my case, it's more like, "The more things change, the more they stay the same." The things that change are the dates on the covers of the exams I open every February and July. The things that stay the same are the results I get every May and November.

Blah.

But I think the main reason I haven't posted a complete re-cap of my July '09 effort is because I feel a compulsion to get on with my life. The words, "As soon as I pass the bar exam" have been part of my vocabulary for ... ever, it seems. It's become very painfully obvious that I could easily get stuck in this holding pattern for so long that every other part of my life could fall down around me while I remain focused exclusively, and to the detriment of everyone and everything else, on the singular goal of passing the flippin' bar exam.

No longer, however. You will all be happy to know (and especially my wife) that I have decided to donate the nose hair, toe nail clipping, and belly-button lint collections I've accumulated in the intervals between exams, to science. I was going to sell them on e-bay, but in the interest of public safety, the anonymous donation route seemed much more sensible. Besides, if I donate them to science, I can grossly inflate their value on my tax return!

(;-)>

Just kidding ... Don't you have to have income before you can deduct anything on your taxes?

(;-)>

Just kidding, again ... I do have some income. I just can't report it. After all, who would believe that I, a law school graduate, made $5k a month in cash sitting on a freeway exit with a sign that says, "Will work for a score of 1441"? "What's that?", you say? "That can't be true?" Well, my friends, it certainly can be true. You see, most people haven't a clue about the bar exam, so when they see that I'm willing to work for a score of 1441, they think I'm trying to get my credit score up to 1441. And because they all know that's impossible, they think I'm insane! And because they feel sorry for crazy disheveled people by the side of the road, and, believe me, I do look disheveled, notwithstanding my picture on this blog, they eagerly press $10 and $20 bills into my grubby hands. They're especially anxious to hand over the cash when they get close enough to read my hand-scrawled sign and discover that my name is M'Naghten. Yep, that pretty much seals the deal.

Yeah, that's the ticket! Sure it is!

Tuesday's Essay Subjects were ...

2009-08-08T20:02:00.000-07:00

... Professional Responsibility with a misbehaving prosecutor, they asked for ABA and CA rules; Torts with malicious prosecution and probably a PR tail regarding the attorney; and Evidence with California rules only. I'm going to have to sit down and gather my thoughts on the actual fact patterns because I've put them so far out of my mind by now it's going to take a little focused concentration to recall everything.

Regarding the question in the comments on my previous post regarding how to start a solo practice, the ABA has a solo practitioner listserv that has a wealth of information on going it alone. It's populated primarily by sole practitioners who are happy and willing to give advice and share tips. And it's free. http://www.abanet.org/soloseznet/index.html. I think the LACBA has something similar.

For what it's worth ...

2009-08-01T13:07:00.000-07:00

... and for whoever's interested (besides me), I'll post something about Tuesday's essays before the weekend's out.

What Happened Thursday (redux)?

2009-08-01T12:34:00.000-07:00

Good question, that.

As a disclaimer, it's possible I may misstate some of the following stuff. If so, feel free to re-educate me.

As another disclaimer, when I re-posted this I took the liberty of editing the original text here and there to reflect more of what I actually remember seeing and writing. It's still not a 100% complete reflection of my answers because I can't recall everything I wrote under the stress and strain of the situation. And even if I thought it was, I've always been surprised when I see my actual answers when the Bar sends them back to me.

Essay One was Constitutional Law. It started out smelling like a Commerce Clause essay that quickly became one about delegation powers. Congress recognized some sort of danger to public health inherent in the national transportation system so they delegated power to the Secretary of Transportation to make laws that were either necessary and proper, or for the general welfare, of the country; I forget the actual language.

The delegation language looked funny so I thought about it and decided to write something about how Congress can properly delegate legislative functions to the Executive branch, but also that the delegated powers must come with some sort of minimal guidelines. This delegation was wide open so I said it was invalid. Then I went on to answer the question.

I wrote about individual and association standing for the first two groups. Now that I think about it, they probably wanted third-party standing too. Then I wrote about Substantive Due Process. I didn't have time to include Procedural DP, or Equal Protection but I thought they were less applicable. And Privileges and Immunities didn't apply. As for the State Highway Department, I think I talked about how the 10th Amendment prohibits the feds from making the states act as an arm of the federal government, but I also mentioned Kansas v. Dole and said it was proper for the feds to withhold funding to get a state to implement some important federal interest. Or something to that effect.

Essay Two was a Torts Remedies/Civil Procedure/Professional Responsibility crossover. I wrote down "riparian rights" when I saw the stream then erased it when I saw they told us not to talk about riparian or property rights (whew!)

The one lady owned a large property and dammed up the stream to create a pond so she could have disadvantaged kids up for summer programs. The downstream property owners sued for an injunction in a California state court based on "nuisance" for the deprivation of water for irrigation and wells. When the court dismissed it for failure to state a claim (I think), one of the parties refiled in Federal court and she asserted Res Judicata as a defense. The disgruntled federal filer then made a threat to his lawyer that he was going to make the lady landowner pay and that he was going to blow up the dam. The lawyer called 911 and tipped off the authorities and the question was whether she was subject to discipline under either the ABA or California Rules of Professional Conduct.

I went through the private nuisance analysis and injunction analysis, then spent one line on why public nuisance wouldn't work. On exams past I would have gone into more detail about why a public nuisance claim would fail, but I kept it short and sweet this time. One line and out. I also added some about defenses, Laches and Unclean Hands. I talked a bit more about Laches because of the six month delay but the Unclean Hands analysis was another one-liner.

EDIT: I now recall that the question asked about a 'takings' issue and how I spent a few lines on why it wasn't a taking because there wasn't state action. And I also recall that despite the fact that the question said not to talk about property rights, I wrote about nuisance and takings. So, given that those were the only things to talk about (unless I completely brain-farted) what else was there?

I think I did a good Res Judicata analysis, and I resisted the urge to talk about Collateral Estoppel. I concluded that RJ wouldn't work because the first suit wasn't prosecuted to a full final judgment on the merits. On the PR issue, I said that under ABA rules, she was good, but under CA rules, she was bad. Unless, of course, he included facts about blowing up the kids too, but again, that last was a one-liner.

Essay Three was Criminal Procedure. The guy's speeding and weaving through traffic so the cop pulls him over. There's probable cause for the stop, but not reasonable suspicion for the illegal search and seizure of the cocaine under the front seat. The guys are arrested, taken to the station, and charged with some variety of illegal possession. The guys are properly Mirandized, the driver asserts his right to silence and the passenger waives his right and says a bunch of stuff that may be incriminating to the driver. They're charged and each hires a private attorney. Their going to be tried together and the driver wants to either suppress the passenger's statements or get a separate trial. Then, a week before trial, the driver wants to fire his attorney and thinks maybe that he might want to get another attorney. Again, this is one week before trial.

Anyway, the stop was legal but the search was not because the passenger's action was not sufficient for probable cause. Especially because the cop hadn't yet run the driver's license or registration. I wrote about a couple of exceptions, Search Incident to a Lawful Arrest and Vehicle Search, but I didn't go into Inevitable Discovery because I didn't have time and it wasn't clear that they would inevitably discovered the drugs because the search and arrest were illegal.

The confession was proper because the guy waived his rights. The requested substitution of attorney was iffy because of the proximity of the the trial and because he didn't have a replacement ready. The driver couldn't suppress the passenger's statement because he can't assert the Constitutional rights of another, besides, the statement could be used against the driver if his information was redacted, regardless of whether they got joint or separate trials. Then I wrote that he was going to have a hard time getting a separate trial unless he could show prejudice or a conflict.

I was stuck right there for a few minutes but I felt there must be something I was missing. Then, when the proctor called "5 Minutes!" it hit me, Exclusionary Rule, fruit of the poisonous tree! So I quickly added that because the seizure was illegal, and no exceptions applied, the cocaine was inadmissible, the arrests were improper, the confession-thing was inadmissible, there would be no trial, and the whole thing was moot. Or something to that effect.

And that, for now, is that.

Oh, and Lamar Odom re-signed with the Lakers. Woo Hoo!

Well ...

2009-08-01T01:27:00.000-07:00

... I thought everybody who was getting accommodations had already taken the last day's essays. If that's not the case, then I apologize. To myself and to everyone else.

I saved the text so I can re-post it later. But the last thing I want to do is to give some unscrupulous candidate an unfair opportunity to bump me, or anyone else, down below the pass line.

I was afraid I had done that back in July of '07, so I waited until Friday to do this recap. I guess I'll never learn.

On one hand, anyone who cheats to get his license is likely going to crash and burn pretty quickly in his law career. On the other hand, I don't want to still be taking the darn thing when he does it.

Again, my apologies.

Arghhhh!

2009-07-28T20:20:00.000-07:00

I sure hope I was just getting warmed up today because I sure felt slow out of the gate. The issues on the essays seemed familiar, but they also seemed odd. Why is it that they always try to push us off balance? Oh yeah, I remember now ...

I made an effort to keep my wild-issue analysis to a minimum, but, as a result, I feel like I gave everything short shrift. I don't know if that's a good thing or not. On bar exams past, I've usually felt like I covered all the possible bases, but then I got low scores. This time, I kept my wanderlust in check and stayed on what I perceived to be the beaten path. At least, I did until I got to that Evidence essay. Crimony, that was a racehorse.

Was it just me, or were there not so many California distinctions on today's essays? I know the PR essay asked to answer according to California rules (didn't it?) but I didn't see many differences in the way the issues played out. And on the Evidence essay, same thing. I saw few differences between the results if the federal or California rules applied. Or, maybe it was just that I didn't think federal because they asked California.

Blah ...

And that PT was ... tough for me to wrap my brain around.

Usually as time starts to pass you hear people getting up to speed on their keyboards as they build their outline and start to flesh out their answer. This usually starts at about the 30-minute mark and by the time the first hour is gone everyone is pecking away furiously. Not today.

I forgot to put my earplugs in at the start and I didn't think about it until almost 60 minutes had gone by. I remember thinking to myself, "Geez, it's awfully quiet in here." Then at 90 minutes, same thing. Shortly after that was when it started to get noisy. Funny thing was, I wasn't typing either. I had such a difficult time trying to figure out what it was they wanted. I finally got a grip with about 75 minutes left and spent the rest of the time typing furiously.

I think I built a complete answer, but it was thin in parts. Especially towards the end.

But I got my conclusion in there. (;-)>

At least I can relax a bit tomorrow. Me and the MBEs, we're good friends.

I feel like ...

2009-07-28T06:53:00.000-07:00

... Charlie Brown.

I've repaired my kite (for the umpteenth time) and I'm going to take it outside and try to fly it again.

I've picked a nice open clearing, but I just know that darn kite-eating tree is out there, waiting to thwart my plans, and eat my kite.

(sigh)

Alrighty then ....

2009-07-18T23:24:00.000-07:00

... I've jettisoned the baggage because I'm a guy and I pack light. I think the reason it bugs me so much is that I'm basically a creature of logic and I'm unused to having all these emotions bouncing around inside my head. But as long as I stay busy and don't think about anything other than the task ahead, I'm fine.

On my writing, I almost finished a PT today - and it actually looked like a regular answer. Okay, well, even if it didn't look like a real regular released answer it at least looked better than anything I've produced before. And that, my friends, is progress.

I'm memorizing now, and I'm trying to send a couple of essays per day to bargraders.com. My plan is to keep writing essays until next Saturday. MBEs are on the back burner and probably won't be moved to the front again until Tuesday night.

Rambling, I am. Don't have much to say. Best of luck to all.

My biggest challenge right now, is ...

2009-07-17T22:13:00.000-07:00

... dealing with the emotional baggage that comes with failing this thing four times in a row. If you've seen "Joe Versus the Volcano" with Tom Hanks, you know what kind of baggage problem I'm dealing with ...

...

Luggage Salesman: Have you thought much about luggage, Mr. Poobah?
Grand Poobah: No.
Luggage Salesman: It's the central preoccupation of my life.
Grand Poobah: Mine too. Lately.

...

Luggage Salesman: This is our premier steamer trunk, it's all handmade, only the finest materials. It's even watertight, tight as a drum. If I had the need, and the wherewithal, Mr. Poobah, this would be my trunk of choice.
Grand Poobah: I'll take at least four California Bar Exam's worth of them.
Luggage Salesman: May you live to take a thousand Bar Exams, sir.

...

Grand Poobah: And then I'll be waiting 3 1/2 months for results and I don't know if I'll be living in a hut, or what.
Luggage Salesman: Very exciting... as an emotional baggage problem!

...

These days, if I didn't have my sense of humor I'd have nothing.

And lately, my sense of humor is scant, scant, support.

Went to Steven Emanuel's Orange County MBE Refresher Today

2009-07-10T20:11:00.000-07:00

It was the first day of his three-day brush-up before the actual exam. Today was the simulated MBE - 100 questions in the morning and 100 questions in the afternoon. I was unsure of how much I would get out of this because I do pretty well on the MBE part of the bar exam, but I've only done a couple hundred practice questions since last February so I figured I needed to see where I stood.

As it turns out, I'm not doing too bad. I got 150 of the 200 correct, and I only saw about 20 questions that were familiar. The next two days are lectures and review of the questions. This is going to be interesting because I know there's a bunch of MBE trivia that I forgot over the last 5 months.

These last couple of weeks before the exam are going to be crammed with essay writing, issue spotting, rule memorization, PT writing/review, and a fair amount of MBE practice. I know what you're thinking, that the time for all the intensive work has passed, but what works for most normal people doesn't work for me. Or, at least, it hasn't in the past. What's the definition of insanity again ...?

On the positive side, I think I've figured out what's wrong with my writing. But I won't talk too much about that until November when I find out whether I actually did figure it out, or whether I just found another color of lipstick to stick on this decrepit old pig.

So, there ya' go.

Back at it, I am now.

By the way ...

2009-07-02T22:44:00.000-07:00

... I seem to carry over a few valuable tidbits from one exam to the next. That's why I know that I'll pass this thing sooner or later. And I do believe it's going to be sooner rather than later. And when I finally do pass I plan to post an evaluation here of each and every one of the bar prep resources I've used, from books to seminars to tutors. I've taken something positive from everyone I've gone to for help, except for one, and I'll not talk about that one, and I don't think I've mentioned that one yet so you can't start guessing who (oops, did I say who?) that was. (;-)>

Anywho ... I bring forward the essence of each tutor from one exam to the next, and my bookshelf holds a little bit of each of them; a one-sheet here, a supplement there, a cluster here, a checklist there. But, frankly, (and don't call me Frankly (or was that Shirley?)), at this point, I don't know if that's a curse or a blessing - for them or for me. Regardless, each of them has taught me something that I wasn't taught at my school. Or, more likely, it was taught but I was too preoccupied with personal BS to notice it when it came across my desk.

Anywhen ... this time, I'm reaching out for feedback in a way that I wouldn't have had the courage to before. There's something about failing repeatedly that makes us (well, me, anyway), acutely aware (and whatever comes after acutely (Mega-Acutely?)) of the fact that I've been seriously screwing this thing up and that I'm going to continue to do so until get equally serious about passing.

Anywhat ... one of the reasons I haven't been more chatty this time is that I'm tired of damning with faint praise (very faint) those who have helped me before. I've decided not to subject these new good people (yet) to whatever little extra scrutiny they may receive as a result of my having written about them here until I actually pass the damn exam. That way I don't have to go to bed at night feeling even more guilty about even more good people I've demeaned by linking their good names to my heretofore miserable one.

Anyhow ... as I was saying, one of the most useful things I've picked up along the way is the PowerDreams audio stuff. Right about now in this process I start having trouble relaxing during the day and going to sleep at night, and their ... stuff, for lack of a better word, is great for that. I've only unequivocally recommended a couple of programs here - Steven Emanuel's MBE program and Dava and Martina's PowerDreams audio ... stuff. Everything else comes with caveats - good for some people, not good for others. But these two programs are worth every penny they charge, and them some.

And ... I've already done what I said I wouldn't do - spend more time here. But, it's only this once, and no one can complain unless I do it again soon. And I won't be doing that. Soon. Or something. It's after midnight now, and I'm tired.

G'night Gracie.

Hmmm... Let's see ... What is up ....?

2009-07-02T10:32:00.000-07:00

First, the horrible tropical itchy-scratchy thing I was afflicted with has thankfully run its course. After two days of complete and utter hell, it faded away as quickly as a lick-em/stick'em tattoo from a Cracker Jack box. The doc's don't know what caused it, and as long as it doesn't reappear, they don't care.

As far as my bar prep is concerned, I pulled out all the stops in my effort to find out where my writing is going south and how I can get it headed back in the right direction. What I've determined so far is that when I review an essay prior to writing it I see 90% of the issues that appear in the released answers. But, for some reason, the answers I end up writing doesn't look much like the released answers. Somewhere in my writing process there's a break in the issue-chain-of-custody as I try to bring the issues I've spotted to the answer I write. A big part of that problem can be traced back to my inability to construct a comprehensive outline in a short amount of time, which would then leave me enough time to write a complete answer.

I know, that's the same challenge I talked about last time. I think this problem is unique to me, and is a result of my programming background. The way I solved problems then is not the best way to solve them now. At least, not in this venue.

So, that's what's up.

This blog, obviously, has been consuming relatively little of what's left of my free time after I've closed the books for the day. But I'll make an effort to pop in a bit more frequently between now and the exam. But just a bit.

Cheers, all. Good luck with the studies.

Alrighty then ...

2009-06-19T10:13:00.000-07:00

... I have some good news and I have some good news. But first, ... Hey, is that Rod Serling slinking off the stage? Yep, it surely is. And he looks a bit embarrassed, too. Good Riddance, Rod! And don't let me catch you back here again!

All right, here's the situation. At first, what I had looked like the dreaded shingles. Happily, it's not. Less happily, no one knows exactly what it is, or more to the point, what it was. That's right, "What it was." Yay!

I spent the entire day yesterday bouncing from doctor's office to pharmacy to dermatologist's office. I got three different medications to treat the symptomis horribilis associated with this yet to be named tropical disease. All they are willing to call it is "contact dermatitis". But I suppose that's good news too because they aren't calling it "the dreaded shingleitis!" Thank God! I was seriously contemplating abandoning this quest if the symptoms didn't go away soon because I couldn't sit for 30 minutes without scratching furiously, and I mean furiously, at some part of my body. Gads, it was hell.

But today, whether it's the meds or the natural progression of whatever it was that inflicted me, I'm better. Not 100%, but close, real close. So. Yay. For that I will be eternally grateful. Or, if not for eternity, at least until July 31st.

Thanks to all for the good wishes. Now I've got to get back to catching up on what I was doing before this thing started, which was catching up on my schedule.

(;-)>

Coincidence? I think not!

2009-06-17T15:05:00.000-07:00

Or maybe I've entered into some sadistic version of the Twilight Zone.

We woke up this morning to the sounds of a roofing company taking the roof off my neighbor's house. The demolition part is not the bad part because they aren't yet pounding nails or using the electric saws on the new sheathing that goes under the new shingles. That noisy stuff comes later after they've woken everyone in the neighborhood.

What could that possible be coincidental too, to ask? Well, yesterday I woke up in the nascent stages of what is looking to be a bad case of the Shingles. Get it? Yeah, me too, unfortunately.

Holy crap but this stuff is annoying, and itchy. And I understand that the painful part is going to begin over the next few days, and it could last for weeks. So, unfortunately, unlike the annoyance caused by my neighbor's roof job, which should be completed today, if my research is correct my Shingles are going to be with me for the next few weeks. Just what I need.

I haven't ever had this before but I did have the Chicken Pox when I was a kid. Apparently this virus lays dormant in the nerve roots for the rest of your life. It can become active again when the immune system is weakened, in times of stress, yada, yada. Perfect. I can just hear Rod Serling's voice in the background, 'He doesn't know it yet, but the Grand Poobah has just entered ... The Twilight Zone." Or maybe for me the proper term is re-entered.

Blah.

Okay, Fine, There You Go.

2009-06-07T12:21:00.001-07:00

That took about 30 minutes, so I don't want to hear no complainin' outta' youse guys.

Time for a New Timer?

2009-06-06T18:47:00.000-07:00

It looks like the website behind my old timer went bust. I downloaded the code from a site that provided free flash modules to paste into your blog, but the code had to link back to their site to work properly. That didn't seem to be problematic, so I let it do its thing. Now, though, the site, flashmysite.com, has disappeared.

I'm probably not going to track down another one because I'm kind of burying myself in my preparations for this exam. I've gotten serious about changing what's wrong with my writing and, with everything else I've got to do, I'm not inclined to take the time to find a new timer.

I reserve the right, however, to change my mind about that.

Well, I can't take time off ...

2009-06-03T23:44:00.000-07:00

... so my only choice is to continue to travel the road I'm on. The path to my future passes directly through the bar exam.

Thanks for all the suggestions, I understand what you're saying, I just can't take a break.

I've just got to take it one day at a time.

Studying for my fifth shot at the bar exam is ...

2009-06-02T12:38:00.001-07:00

... without a doubt, the toughest thing I've ever had to do in my entire life. The motivational challenge is overwhelming. It's negatively affecting every other aspect of my day-to-day existence. My family, my friends, my work, they're all suffering because I have screwed this thing up so badly. The implications of another failure loom so large over everything that it's hard to focus on anything else, let alone get motivated to start studying again. I completely blew my first scheduled day of organized study, which was supposed to be yesterday. Now I have to make that up today along with everything else I have to get done.

I'm usually a "Don't worry! Be happy!" kind of guy. But, lately, not so much.

Alrighty then ...

2009-05-18T13:01:00.000-07:00

... The raw numbers:

Essays: 60, 50, 55, 60, 60, 55

PTs: 50, 60

MBEs: 145

It's time to back my way out of this rabbit hole and re-evaluate my writing.

2009-05-16T23:10:00.000-07:00

Anon 8:35: LOL! Crack me up, you do! I know that your sentiment applies to all of us here, not just me. None of us are going to let the freakin' Committee of Bar Examiners tell us that we can't practice law in California.

This weekend is going to be difficult for a lot of good people who are eventually going to be very good lawyers. The State Bar lets us take the exam until we pass for a good reason. They recognize that the essence of a good lawyer is not measured solely by how many time it takes us to pass the bar exam.

I'll bet that the statistics would show, if anyone has compiled them, that first time passers are disbarred at a greater rate than multiple takers. By that statement I don't mean to cast doubt on the integrity of first-time passers; many of my closest friends are first-time passers. (;-)> In fact, if I ever pass this thing, I'm going to join up with my buddy Paul to form our own little law firm and he was a first-time passer (the bastard!) I'm also going to work with Jonathan Kramer who was a multiple taker like myself. Jonathan persevered and won out over the odds, as will we.

We can't give these little setbacks more control over our lives than they deserve. There is nothing wrong with our exam-taking skills. We should not attempt to adjust our program. We control our analysis. If we wish to make it more broadly applicable, we will explain how the issue and the rule apply to the facts. If we wish to make it more specific, we will cite the appropriate precedent. We will control the horizontal. We will control the vertical. We can roll the answer, make it flutter. We can change the focus to a soft blur or sharpen it to crystal clarity. For the three hour session, we will sit quietly and control all that we see and hear. We repeat: there is nothing wrong with our exam-taking skills. We are participating in a great adventure. We are experiencing the awe and mystery which reaches from the inner mind to... Passage of the California Bar Exam!

Okay, so I plagiarized the Outer Limits opening commentary just a bit there. That doesn't make it any less applicable. The only limits to what we can accomplish are those which we place upon ourselves.

Seriously. The sky is the limit. Push hard. Now.