Tips and Tactics for Passing the Bar Exam

Written by Norton Gappy

What can one say about an exam that takes 3 months to study for, 3 months to grade, and practically no believes they passed once leaving the testing hall?  Well, I am sure many reading this article expect to get some insight on a shortcut or some advice that will make the entire process pleasant.  The truth is there is no shortcut and there is no easy way.  The bar exam is essentially the last hurdle to becoming a lawyer, and they don’t make it easy on you.  You simply have to do what the rest of us did to succeed.  The intent of this article is to provide you, the reader, with what you need to do, what you need to think, and a little bit of how to go about passing the bar exam.  And there are no real shortcuts involved. There is no substitute for repetition.  The more you read the bar review outlines, the better the material becomes ingrained in your memory. Visual abilities are intensified and recall becomes photographic. Upon every reading new matter is gleaned and understanding is heightened.  This also goes for the MBE.  The more questions, essays and performance tests you take the more prepared you will be for the bar. There is no substitute for taking practice exams under test-like circumstances. This means committing yourself to three hours of uninterrupted time during which you practice essays and performance exams under pseudo-exam-stress-producing conditions. Thereafter, you should critically and introspectively assess your performance. Next, before reading an exam hypothetical, begin by reading the call of the question and any instructions. You cannot pass test unless you answer the question asked. Be sure you carefully read the instructions and do exactly what you are asked to do. Do what the examiners require and nothing more. Do not answer questions not asked. Points are easily lost due to a failure to follow instructions. Do not go off on a tangent and waste time answering questions not asked. The purpose of reading the call of the question is to direct your focus when you read the facts of the hypothetical. This fosters active reading. If you read the hypothetical first you will waste time reading when you have no idea which facts are determinative for the issues and which are red-herrings. After reading the call of the question, actively read and re-read the question. Before you begin to write always re-read the call of the question to make sure that you are responding to the correct issue and not wasting valuable time. Outlining your answer before you begin to write compels you to organize. An outline may be as skeletal as the issues (broken down into elements), law and facts you will discuss. To comprise your outline, use IRAC. See Legalnut’s page on how to write an essay answer.  Think longer and spend less time writing. The process of reading and re-reading the question, as well as outlining, should take about one-third of the allotted time. Once a good outline is prepared you will not need to spend so much time writing. Your focus will be clear. It is also important to review your outline while you are writing and after you finish writing. The purpose of an outline is defeated if you do not use it. Under the stress of writing the answer you may forget to make important points that were originally in your outline. Lastly, if you are unable to finish your answer, the outline may serve as an answer for grading purposes. And do not be fooled, neatness counts.  Write legibly.  Regardless of the format, be sure you break up your document with headings and subheadings. You goal is to make it as easy as possible for the reader to see that you have understood the question asked and solved the legal problem.  Try to organize your answer in logical sequence. Cover an issue thoroughly and then move on to the next issue. The headings provide direction to the reader and demonstrate pre-writing thought and organization. Underline key words.  You have to remember, the grader reading your exam probably has dozens of others to read, the harder your answer is to read, the more tired he is going to get and likely less attentive and less generous with valuable points. Also, note that most exam answers that fail are a result of the lack of the use of given facts. However, do not assume facts not given. Most facts provided are not red-herrings. They are in the hypothetical for a reason and you need to ascertain why they are there. Then you need to use the facts to buttress your analysis of the issues. Do not be conclusory, give at least some explanation of why you reached a particular result.  And further consider that every point has a flip side. When a writer draws a conclusion without considering counter-analysis, he demonstrates to the grader his lack of a complete thought process. In raising counter-points, support them factually and then refute them factually.  In many cases, there is no right or wrong answer and there is room for creative thinking. This involves using the law and facts to support points and counter-points that may only be apparent from an in-depth reading and understanding of the law and facts of the hypothetical. This encompasses the concept of reading between the lines. You also have to remember that if you have made it through three years of law school, then you ability to pass the bar exam is generally the same as you peers ability.  Do not get caught up in how or what your peers are studying. That will only serve to distract you and hinder positive performance. You know what you need to do to succeed. Do it and enjoy learning. Ensuring that you don't freak out is more than half the battle. The first time you practice taking the test, it may go terribly. You are unlikely to finish in the time allotted. Do not worry, this is normal. You have been preparing for this test for the last three or four years. Stay calm; you can do it.  Preparing for the bar demands discipline in your studies. The bar exam must be the primary focus of your attention for at least two to three months. Avoid distractions. Do not procrastinate. While breaks are important to maintain mental attention and clarity, they should be limited in duration. Do not try to cram the night before the bar exam. Rather, it is best take time off, away from studying, and relax since you will need stamina during the exam. It is alright to briefly review some notes or flash cards at breakfast the morning of the exam. It is possible that what you review will be tested on the exam that morning and this will boost your confidence. Part of exam preparation involves mental control. The more prepared you feel through study and practice, the less likely it is that you will panic. However, it is possible that something on the exam will cause you to panic. For example, you may see an issue that you think you are unprepared to address. In truth you are probably prepared to address the issue, but may only be prepared to a certain extent. Resist panic because it will inhibit your ability to recall what you know about that issue. Panic stifles. You cannot afford to allow panic to overcome you and result in failure to answer a question.  The advice in this article is the same advice we all followed and used in order to succeed, and we did, so can you. Check out: Legalnut’s Bar Exam Forums

 

< Prev		Next >