Q&A with vivian dempsey of writing edge/barboost.

1. How many hours a day should I study?

There is no one answer to that question, since applicants vary so widely in their backgrounds and education. Looking at your own school’s success rate on the bar and on your class standing can give you some guidance. But there is no doubt that California’s bar pass rate is consistently low, so it’s fair to say half the applicants underestimated how much (or how) to study for. I don’t believe I have ever heard anyone who passed the exam regret that they studied hard. That being said, if you are taking time off to study for the bar, then studying for the bar ought to be your primary focus for that period of time. Treat it like a job—like a really hard, new job you have to put in time to master. Study 8-10 hours a day.

2. Do I need to take PMBR and Barbri? (i.e., Should I take a separate course for the MBE?)

Since I teach a bar review course myself, I do not feel comfortable commenting on a specific course. The MBE is worth only 35% of your bar score, and most people spend almost all their time studying for that one part of the exam. They don’t realize it, but the law their survey course teaches them is useful for the MBE but is not detailed enough for reasoning on essays. I believe there is a lot of duplication between most bar review courses and multistate prep courses, because they both focus on broad, superficial legal concepts. But taking two courses that help you most with the MBEs will take up all your time time, and only prepares you for 35% of the exam.  I think people tend to over-prepare for the MBE and do not prepare enough for the other 65% of the exam, essays and PT’s. Applicants have to be good consumers and make wise choices about how they spend their study time.

3. Should I stay in the hotel while I'm taking the bar or should I stay in my apartment?

It depends on how far you live from the exam site, I recommend staying at home if it is feasible.

4. What should I be doing in the time between the bar classes ending and the test?

I think that is an excellent question for a student shopping for a bar course to ask of the courses she is considering. What plan does the course have for you? In my course, the classes go right up to the weekend before the exam and the last two weeks are review of the most important legal issues. So my answer is that the last leg of studying should be review and synthesis of the major legal issues so you feel confident walking into the exam.

5. How much time is it okay to take off during bar study? (E.g., is it okay to do nothing for the bar one day a week?)

I recommend short, frequent breaks instead of a whole day off. I honestly don’t think ‘burn out’ is a risk in two months.

6. Should I study by myself or in groups?

This is another question where individual learning styles could differ. Did you study in groups in college or law school? Did you find it was effective for you? I think studying alone is more productive. There is a lot of wasted time in groups.

7. How badly am I disadvantaged if I didn't take law school classes for some of the subjects covered on the exam?

I don’t think you are disadvantaged at all. Law school law is not the same as what the bar tests. The California Bar exam tests a handful of core issues repeatedly. Coming at a subject with a clean slate and learning just what the course says is important is more often an advantage than a disadvantage.

8. Is there anything specific you recommend to relieve stress during the bar? Weekly massages? Acupuncture?

Daily aerobic exercise. Nothing like it to relieve stress and sharpen your brain function.

9. Is there anything I can do to prepare now, before the bar review classes start?

The eight weeks between graduation and the bar exam will fly by, almost as if you were having fun! If you cut into that by another week for graduation festivities, you are really short changing yourself for the July bar. Now is no time to worry about looking like a nerd. You can begin examining bar essay exams and writing answer to them; you can get MBE materials and start taking questions. In both cases, you can keep track of the law you missed and learn from your mistakes. You’ll never regret beginning early! I wish each one of you the best of luck. 

Vivian Dempsey teaches The Writing Edge for repeaters and attorneys, and BarBoost for first time takers. www.writingedge.com; 800 949 7277.

Comments

[Jeff]

101 MBE Topics You Should Know

1. The Nature of Judicial Review
2. The Separation of Powers
3. The Relationship Between the Federal Government and State Governments 4. Individual Rights
5. Fundamental Rights
6. State Action
7. Commerce Clause
8. Due Process
9. Equal Protection
10. First Amendment Freedoms
11. Prior Restraint
12. Mutual Assent
13. Consideration
14. Third-Party Beneficiary Contracts
15. Assignment of Rights
16. Delegation of Duties
17. Statute of Frauds
18. Parol Evidence
19. Constructive Conditions
20. Frustration of Purpose
21. Impossibility of Performance
22. Discharge of Duties
23. Damages
24. Homicide
25. Manslaughter
26. Larceny
27. False Pretenses
28. Embezzlement
29. Burglary
30. Robbery
31. Battery
32. Assault
33. Attempt
34. Solicitation
35. Conspiracy
36. Right to Counsel
37. Right to a Fair Trial
38. Double Jeopardy
39. Searches
40. Seizures
41. Requirement of Personal Knowledge
42. Objections
43. Presumptions
44. Judicial Notice
45. Refreshing Recollection
46. Impeachment
47. Expert Testimony
48. Attorney-Client Privilege
49. Marital Privileges
50. Completeness Rule
51. Hearsay
52. Excited Utterances
53. Present Sense Impressions
54. Statements for Purposes of Medical Diagnosis
55. Statements of Physical or Emotional Condition
56. Business Records
57. Past Recollections Recorded
58. Statements Against Interest
59. Fee Simples
60. Defeasible Fees
61. Life Estates
62. Reversions
63. Executory Interests
64. Vested Remainders
65. Contingent Remainders
66. Joint Tenancies
67. Tenancies in Common
68. Subletting
69. Assignments
70. Settlors
71. Trustees
72. Beneficiaries
73. Rule Against Perpetuities
74. Fixtures
75. Essential Terms
76. Equitable Conversion
77. Marketable Titles
78. Mortgages
79. Lien Theories
80. Title Theories
81. Foreclosure
82. Land Conveyances
83. Adverse Possession
84. Conveyances by Will
85. Recording Statutes
86. The Four Unities
87. Trespass
88. Conversion
89. Negligence
90. Duty
91. Breach
92. Foreseeability
93. Causation
94. Products Liability
95. Strict Liability
96. Nuisance
97. Invasion of Privacy
98. Defamation
99. Assumption of Risks
100. Contributory Fault
101. False Imprisonment

MyBarPrep.com

[Nadine]

Taking a Bar Review Course: It depends on how focused and structured U are.
For California, I would not recommend it unless U are extremely focused, structured and self-critical. If U can ruthlessly score Urself and redo whatever U missed and U have the time and concentration to study for hours on end, it is feasible. TU can buy the Bar Review courses directly from Bar-Bri for 1/3 of the price. It is important to get updated ones. Also, go over the released questions and whatever is highlighted in the books SCRUPULOUSLY.
I took the Illinois Bar (and passed it) without taking Bar-Bri. I don't know anyone else who has done this and I believe it is because it is quite nerve wrecking to not know how U are doing vis a vis Ur peers. However, not knowing if I was doing well, egged me to study more. 42% of my peers failed that Bar. But I studied 16 hours per day, and focused on the courses I did not take in Law School first, and in the end ran out of time for the courses I had outlined faithfully (and daily) in Law School, which were on the Bar but for which I was fortunately quite prepared.
The MBE is very important even though U might read reviews about it being only 35% of the exam so, whichever method U choose, do not neglect it. Even in California. Good Luck.

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TU can buy the Bar Review courses directly from Bar-Bri for 1/3 of the price. It is important to get updated ones. Also, go over the released questions and whatever is highlighted in the books SCRUPULOUSLY.

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