Thursday, December 4, 2008

Materials...

So, my friend A is going through what I went through when I didn't pass the first time. After talking to her some and lots of emailing about this, it has come to my attention that there are many misconceptions about bar study materials. I, too, fell victim to thinking that I had to have more materials to ensure a pass on the exam.

So, in an effort to allow others to learn from some of my mistakes, here is my list of myths surrounding bar prep-- specific to materials in particular....

Myth #1: I must have the newest materials to be the best prepared for the exam.
Truth: No. You don't. Period. Buy stuff off Craigslist. Buy your friend's old stuff who was a year ahead of you in law school. I had a set of PMBR books from five years ago and a set from ten years ago. I purchased new ones as well. Lo and behold, those ten year old books are EXACTLY THE SAME as the new ones. Same questions, same answers, same effing typos, SAME EVERYTHING. So, don't blow money on the newest stuff. It's just wasting money.

Myth #2: I must focus on the distinctions between California law and federal law (evidence and civ pro.)
Truth: No. You don't. Well, maybe spend 15 to 30 minutes recognizing that there are some distinctions and be aware of what areas have distinctions, but do not spend inordinate amounts of time studying the minutiae of these. There is enough minutiae on the exam without making it worse.

Myth #3: If I just buy this or that (or any) extra book, it'll be the key to passing.
Truth: No. Wrong. Using the daylights out of the materials you have will do it. Spending time buying materials and shopping for materials is a waste of precious study time. You need something that has MBEs in it (PMBR books and/or Strategies and Tactics for the MBE), and something that you can practice essays from. Also, a Conviser Mini Review. That's about it. PT study materials are largely filled with really old, outdated examples of PTs and aren't even all that helpful (the bar website is best for those because they are actually recent). Just. Don't. Buy. Any. More.

Myth #4: I must have a personal tutor to be assured of passing.
Truth: You don't necessarily. And I say this having NOT passed, but I am just not of the persuasion that it is absolutely necessary to spend $5,000 on a personal tutor to keep you on your study schedule and show you the basic traps of writing an essay answer. Join the yahoo repeaters group. Talk to some friends who are also studying. Spend only $75 on baressays.com and spend some quality time with a question and answers to it that earned a 55, 60, 65, 70, and 75 respectively. A tutor will NOT insert the knowledge into you. You have to teach yourself and spending extra money does not make up for not putting in the time to learn the law. You will still have to learn the law and learn how to write the way the examiners want to see it. There are no shortcuts. Period.

Myth #5: I can buy flashcards instead of making my own.
Truth: No. Spend less money and accept that your hand will cramp writing out your own flashcards. Again- THERE ARE NO SHORTCUTS. The act of going methodically through each subject, digesting each rule, making it into a concise (and I do mean concise) rule statement, lists to remember, and lists of elements is all exhaustive but necessary work. So, save your money and spend only on blank cards and force yourself to make your own tools for memorization later.

Myth #6: I can study right up to the exam.
Truth: I, too, thought this. Wrong. Treat it like a marathon. You train, then you taper off just before the race. Allow two weeks prior to the exam to simply memorize, write out your approaches or cheat sheets or whatever you are doing to plan for essay issues, and do MBEs. Do not plan to write three essays a day during this time. It's too late then. Learning and practicing are different acts than memorizing, and you do have to memorize some for this exam because there's just so much stuff. Anyone who says you don't need rule statements in addition to analysis is lying to you.

Finally...

Myth #7: 'I am not smart enough to pass' (and it's corollary) 'I am smart enough to get by without working as much as others in order to pass'.
Truth: No. Not true. Lots of stupid people, mean people, brilliant people, nice people, and ethical people pass this test every single administration. If you do the work, you have a good chance of passing. If you do the work, you might still not pass. It's arbitrary. You get a grader who is assigning grades subjectively. There is absolutely no way to calibrate the written portion of the test to make some kind of magic formula that ensures complete objectivity in this exam. So, I instead stick with this philosophy.... I am smart, I worked hard and efficiently to prepare, and I just have to hope that I get the exam that shows my knowledge and skill and the bar gods smile on me this time.

'Nough said.

3 comments:

CalBarNone said...

Very good advice.

Except the new PMBR books have new outlines and outline format :)

L said...

Ditto all the advice you shared!

Also--from Grand Poobah's site, Abe has a really good summary of most California distinctions. It is not definitive, but is reliable, especially since I took a class with him.

You have an excellent outlook on the prep and exam! With that frame of mind, half the battle is already won. I have no doubt you will kick some ass!!!

Daisy, Just Daisy said...

Good luck. Sounds like you've got the "mental" part of the exam done & done.