OK, so I figure if there is anyone who still had essays to take, they have started already, so here it is...
As I drove down to Cal Expo Thursday morning I thought to myself, "What would I most like to see on the essays.."
Defamation would be awesome. Contracts (breach not formation issues), after I painstakingly broke down my outline, made my own little approach and wrote it out over and over again. After that... probably corps. Director Duties ideally.
But, alas, I figured my luck was to get con law, wills/CP crossover, and a professional responsibility crossover with trusts or some weird crap that would freak me out.
So, it was like the heavens parted and made way for my dream bar exam. I had none of that 'oh shit' feeling because the topics on there I had studied the crap out of. I had defamation done in 40 minutes because I didn't need to outline it. The whole essay just appeared in my mind and I struggled to get it on the page as quickly and concisely as possible. Same with the contracts one. The director one I had to actually do some recall, but again- not bad, not bad at all....
Q1: consumer protection agency publishes manual that rates attorneys and calls one an ambulance chaser who only takes easy cases. :)
Q2: developer enters conditioned contract with builder that is fully integrated. Condition technically satisfied but the oral explanation of the condition does not occur, so developer loses profitability and jumps ship. Builder gets another gig with architect, but sues developer for full value of contract.
Q3: 3 director in close corp. D1 convinces others to get corp involved in shopping mall real estate deal, despite corps stated purpose in article for running comedy clubs. D 2 and 3 change their minds later. D1 has a second opportunity to invest in another mall, thinks the others will not approve it, and invests his own money. D 2 and 3 suspect D1 is embezzling. Can they oust him? (They are not shareholders.)
I was definitely less sure on the director one. I mean I know the director duties, and I talked about ultra vires, talked about the embezzlement issue, competing ventures, corp opportunity, etc. I think I may have missed some small issue. However, that being said, I think I still did enough to get a 70 on it. Maybe it was voting. I did go through the business judgment rule for the directors investing in the mall when the corp was struggling financially, but I didn't do a full blown discussion on director voting requirements. I did do removal of a director (who can, etc.)
Then there was the PT. So much nicer than Tuesday. The last firm I worked for did tenants' rights stuff. We defended unlawful detainers, brought affirmative suits, got statutory fees, the whole nine yards. So that PT was a revamp of every discussion I ever had with every client who came in the door. And it just worked itself out so beautifully. I started a new page for every issue as I went through the library first (after reading the preliminary instructions as to what I was supposed to do), then did a brief factual discussion (very brief), following by a discussion of the client's goals. Then I got my pages in a logical order and went through my pages, working through each option for the client, starting with doing nothing, all the way down to sue without administrative pursuit and ask for prelim injunction. I got every last thing in there, both factual and law based. Finished and was able to spell check and look it over for about 2 minutes at the end before they called time.
Sigh.
And I don't think I will ever take that exam again. Honestly, I could not have gotten a better bar for me. That was "my" bar exam. If I couldn't pass that, then I may have to decide that lawyering is not for me. Plus, I just am not sure I could get up the gumption to go back again.
But I don't have to decide that right now, so I'm just not going to worry about it anymore. Real life can begin again....
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8 comments:
WC Mom's name appears on the pass list for the February 2009 CBX.
This is the first time I've visited your blog (jumped from GP's blog) and it sounds like you are golden. I was a repeater myself and when I left the test last July I knew, in my gut, that I probably couldn't do any better than I'd done on that test. Viola. Come November I wasn't shocked (utterly delighted of course, but not totally shocked) to find my name on the pass list. I think it's important to listen to your gut and remember how you are feeling right now about your performance because Lord knows, as March and April drag on you'll pick apart the questions and remember things you forgot to do or did wrong and you're confidence may wobble. My prediction--you passed!!!
Oh, and from one mom to another, I think we get double the moxy points because studying for that bastard isn't even easy for a 24 year old single kid straight out of law school--let alone a mom with little one's in tow (mine is three years old). So props to you. You deserve it.
Wine mother, thanks for the early tip (several weeks ago) on defamation not being tested in some time. Excellent call and it helped me. I reviewed it and did a credible job with the question. I am sweating the PT's which is ironic (have written more appellate briefs than I care to recall in nearly 20 years of practice in another state) but this exercise is a world unto it's own.
I hope I passed. But regardless...thanks.
I am taking a week off and then back to the books. If I passed CA then I'm taking either NM or CO or maybe HI just for the "halibet" but if not... then I'm coming back at it and I'll be far better at it and far more ready. 22 weeks to the next bar and about 15 to the results.
I have a hunch that if you miss, you'll get back up and dust your self off and fight again. That's why many of us we want to be lawyers...fight the good fight. Keep the japanese proverb, "nanakorobiyaoki" (meaning "Fall Down Seven Times, Get Up Eight") in mind. Never quit.
God, just reading those recaps makes me feel ill. I have taken and passed 2 bar exams (2006 and 2008), both on first attempt (thank God), but reading your summary and the ins-and-outs and tricks and &^$&^ just makes me want to pass out. I don't ever want to do that ever again.
To Anonymous 20-year lawyer, I hope you had no choice but to take the Cali bar exam. Also, the fact you actually WANT to take additional bar exams seems crazy, but maybe it will expand you business and make your rich, so I guess it might be a business decision.
Congratulations on being done!!
Well perhaps it is the mark of insanity to want to take more bars (from what you posted .. you've done 3... how come? ) but wanting to do capital defense or murder trials (or more horrific accusations of crimes against people) can't be far off. My wife wanted to live in California (which was a great decision all in all) and when the market dropped out, so did our chances of moving to another area of the country. So at this point--I must pass California or return to my former state and carry on a long distance marriage until my wife could find a position there and new schools, etc. Life is to short for that and we love where we now live and the west coast. As to the other states--well, I don't want to be in a situation again where I have such limited options and given our military roots, we both like to travel. I also am now intrigued by the bar exam as a means of insuring a lawyer has the requisite basics in place to practice. I am far from convinced it's a valid test in that regard but I am interested in eventually helping other pass bars and maybe teaching at a law school. I would also point out that it's a chore to prepare for the bar but so is daily life practicing, especially in trail practice. I do think the process of failing Cal. a few years ago and now coming back to retake this past exam has made me a better lawyer in some regards and certainly a more considerate person. Nothing like the lessons of failure to give you a window unto yourself. Certainly the lesson has reminded me how important it is to me to contribute whatever I can as a lawyer. I miss being in the fray and I know that we provide an important service to our communities. As for the money, it's nice but my view is that we should practice law for the love of what you do and not for the love of how it pays.
WELL? Did you pass? I found your website via Grand Poobah that didn't pass.
Hope you did!
Just popping in to see if you passed. Hope so!
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