Hello all-
Haven't posted in a long long time and it just occured to me to actually check and see if anyone has commented in the last year. Some have, so I may just start blogging again.
Let's see- what's new with me? Well, I've been busy. I have a solo practice that keeps me super busy. Kids are older, and thus keep me super busy. Marriage is good. In general, things are really, really good.
Facebook has really impeded my time and desire to blog, but I'm starting to think it might be a good idea to switch things up and get back into regular blogging.
I'll try to think if fun and interesting things to say about the actual practice of law- which is so far removed from the practice of passing the bar, it's not even funny. I still cringe slightly when the end of July and the end of February come around. Last July I ran to the grocery store to buy some snacks for a social get together at my house and ran into someone I knew in high school who told me she was studying for the bar and was taking it in two weeks. I backed away pretty quick- I just couldn't help it. The anxiety immediately started creeping back and it was all I could do to be polite and say good luck. I left the store shuddering with relief that I was done with that part of my life.
But, although it sounds patronizing, I can now say the same thing everyone else says, which is that taking the bar is just a phase. You get through it and once it's over, it's really over and you don't have to think about it anymore. And I honestly don't think having to take it more than once makes on whit of difference in what caliber of attorney you will be. In fact, it might even make you a better attorney to have failed it at least once. It definitely gives you some humility, and makes you grateful for the license.
So, I'll try to focus on funny and interesting things that happen with my practice. I do bankruptcy and foreclosure defense, so most everyone has a sad story, and I can say that I feel okay about what I do for my clients. Not only that- most of them are sad to have to meet me, but later on they are glad that they did. I don't know if all attorneys can actually say that of their clients.
Tuesday, August 23, 2011
Wednesday, November 25, 2009
Flashcards...
Someone posted a comment on how to do flashcards... so, for whatever it's worth, here is my method. This is the result of years of memorizing speeches for collegiate competition, and teaching classes as a grad student where I would learn the students' names the first day by going person by person and learning the names in order, building on the mental list in my head until I knew them all.
Grab the Conviser Review, sit down with a large stack of cards, and start working your way through. One topic at a time, go through the outline, and read the rule, synthesize what that means, and start working it into a SHORT statement. This will take a lot of time. It is exhausting. It sucks. And, I think it is necessary. It is both substantive review and the beginning of the memorization process.
Items that go on flashcards are:
1. Definitions. This means on the front of the card write "Definition of Contract". On the back write, "A contract is a promise or a set of promieses that courts will enforce." On the next card, write on the front, "Elements of contract", and on the back write "Offer, acceptance, consideration". Keep it simple.
2. Lists of things to remember. This means get in the things that will need to be remembered while writing an essay or thinking through an MBE. One the front of the card write "Exceptions to Knock and Announce" and on the back write a list of the exceptions. Try to order them with an acronym. I forget what I used for knock and announce, but I came up with one and it helped. Follow that card with a card for each exception, and the definition, if that is needed. Keep the cards in the same order all the time. Memorize them in the same order all the time. Your brain will remember better if you go in the same order and build on what you have learned previously.
3. Breakdowns of an issue. I attended The Bar Code's Essay Writing Intensive, so I was on board with the idea of a specific outline for how to deal with specific issues. For example, equal protection has a certain list of subissues that need to be discussed in order, so I made a flash card to help me memorize that order. But again, don't put lots of words on the flashcard. Your mind can compartmentalize and remember little bits, but too much on a flashcard makes it useless.
4. I did a larger version of flashcarding at the end, because I took the Cheat Sheets, and additional self-developed cheat sheets that I made myself (some are posted on this blog) and the last two weeks all I did was memorize. I spent part of the day with a ream of blank paper. First I wrote out the cheat sheet, looking at the template. Then, I continued writing it over and over, starting with a blank sheet each time, until I could write it without referencing the template. Usually it would take 5 or 6 times of writing out the entire cheat sheet until I could do it on a blank sheet without assistance. I could remember first the shape of the outline on the page, and then once that shape was imprinted in my mind, I could quickly fill in the details. Then, I would build on that by adding a second, then a third, and so on. On day two, I would do all the cheat sheets from the day before (5 or so) and then add five more to the process. On day three... another 5, until the night before the exam, I sat in the hotel bar with a glass of wine and wrote every single one out with barely glancing at the templates. I am convinced that I got an 85 or 90 on the defamation question last February solely because of that process. (I knew what to do with that question after reading the first sentence.)
The other thing I did to memorize was working through my completed flashcards in a similar fashion. Here is what I did after I had five boxes of flashcards, each topic rubber banded separately.
I would get on the treadmill with my con law flashcards and once I could state word for word what was on the back of the first card three times, I moved on to the second one. It would take one to three hours to get through a whole topic memorizing my flashcards. Then, day two, I did the con law ones and added my evidence ones. Each day got a little easier, because I would go through the topics I already knew and had about 85-90% accuracy on them (you will not get to 100% and you don't need to) and the hard part was the addition of the new topic that I hadn't yet learned. I saved the smaller topics, like community property and wills and trusts, for later days in the memorizing process because memorizing the smaller stacks was easier later after I had a huge stack of the MBE topics I already reviewed first that day.
I also carried a couple of stacks of flashcards everywhere. When I went to pick up the kids at school, I sat in my car for the ten or fifteen minutes and tried to get through as many cards as I could. If I was waiting in line at the bank, I pulled out some cards. I looked stupid, but I didn't care, because I figured it was better than looking stupid by not passing (again).
Did it suck? Yes. Was it necessary? For me, yes. I needed the comfort of knowing how I was going to address every rule and every essay topic before I walked into the exam, so that period while they were reading directions did not result in a rising anxiety that made my brain freeze up. That happened the first time around, and also the second.
Now, I can say, the second time I studied, I made those flashcards, and the third time around, I pulled them out and used them, and added some more. So, did I spend 12 hours per day any time I studied for the bar? Nope. But over time, I did all that stuff and it was worth it. The satisfaction of throwing those boxes of flashcards away was supreme also.
I also agree with Whitney Roberts when she recommended that you study by practicing essays, learning how to write essays, and do some MBEs up until two weeks before the test. Then, you focus only on memorizing. That last two weeks is crucial with so much information. And, when I spent 3-4 hours a day memorizing flashcards, and then 2-3 hours per day writing out cheat sheets to memorize them, that took a lot of time and energy. It is okay to give yourself permission just to do this. I also did 20 MBEs per day during this time. One morning each of those weeks, I did a set of 100 MBE's, timing to make sure I could make the three hours. For me, that was no problem. I usually finished in 2:10. However, at the exam, I usually took up to the last five minutes on one MBE session, for some reason.
If it sounds like a lot. It is. But, get it done, and you won't have to do it again.
Good luck. I felt your pain, the thought of all that work still makes me shudder, and I sympathize, but it's doable. When you study, focus wholeheartedly, and when you are done, stop thinking about it and relax. For me, learning to relax was the hardest part.
Grab the Conviser Review, sit down with a large stack of cards, and start working your way through. One topic at a time, go through the outline, and read the rule, synthesize what that means, and start working it into a SHORT statement. This will take a lot of time. It is exhausting. It sucks. And, I think it is necessary. It is both substantive review and the beginning of the memorization process.
Items that go on flashcards are:
1. Definitions. This means on the front of the card write "Definition of Contract". On the back write, "A contract is a promise or a set of promieses that courts will enforce." On the next card, write on the front, "Elements of contract", and on the back write "Offer, acceptance, consideration". Keep it simple.
2. Lists of things to remember. This means get in the things that will need to be remembered while writing an essay or thinking through an MBE. One the front of the card write "Exceptions to Knock and Announce" and on the back write a list of the exceptions. Try to order them with an acronym. I forget what I used for knock and announce, but I came up with one and it helped. Follow that card with a card for each exception, and the definition, if that is needed. Keep the cards in the same order all the time. Memorize them in the same order all the time. Your brain will remember better if you go in the same order and build on what you have learned previously.
3. Breakdowns of an issue. I attended The Bar Code's Essay Writing Intensive, so I was on board with the idea of a specific outline for how to deal with specific issues. For example, equal protection has a certain list of subissues that need to be discussed in order, so I made a flash card to help me memorize that order. But again, don't put lots of words on the flashcard. Your mind can compartmentalize and remember little bits, but too much on a flashcard makes it useless.
4. I did a larger version of flashcarding at the end, because I took the Cheat Sheets, and additional self-developed cheat sheets that I made myself (some are posted on this blog) and the last two weeks all I did was memorize. I spent part of the day with a ream of blank paper. First I wrote out the cheat sheet, looking at the template. Then, I continued writing it over and over, starting with a blank sheet each time, until I could write it without referencing the template. Usually it would take 5 or 6 times of writing out the entire cheat sheet until I could do it on a blank sheet without assistance. I could remember first the shape of the outline on the page, and then once that shape was imprinted in my mind, I could quickly fill in the details. Then, I would build on that by adding a second, then a third, and so on. On day two, I would do all the cheat sheets from the day before (5 or so) and then add five more to the process. On day three... another 5, until the night before the exam, I sat in the hotel bar with a glass of wine and wrote every single one out with barely glancing at the templates. I am convinced that I got an 85 or 90 on the defamation question last February solely because of that process. (I knew what to do with that question after reading the first sentence.)
The other thing I did to memorize was working through my completed flashcards in a similar fashion. Here is what I did after I had five boxes of flashcards, each topic rubber banded separately.
I would get on the treadmill with my con law flashcards and once I could state word for word what was on the back of the first card three times, I moved on to the second one. It would take one to three hours to get through a whole topic memorizing my flashcards. Then, day two, I did the con law ones and added my evidence ones. Each day got a little easier, because I would go through the topics I already knew and had about 85-90% accuracy on them (you will not get to 100% and you don't need to) and the hard part was the addition of the new topic that I hadn't yet learned. I saved the smaller topics, like community property and wills and trusts, for later days in the memorizing process because memorizing the smaller stacks was easier later after I had a huge stack of the MBE topics I already reviewed first that day.
I also carried a couple of stacks of flashcards everywhere. When I went to pick up the kids at school, I sat in my car for the ten or fifteen minutes and tried to get through as many cards as I could. If I was waiting in line at the bank, I pulled out some cards. I looked stupid, but I didn't care, because I figured it was better than looking stupid by not passing (again).
Did it suck? Yes. Was it necessary? For me, yes. I needed the comfort of knowing how I was going to address every rule and every essay topic before I walked into the exam, so that period while they were reading directions did not result in a rising anxiety that made my brain freeze up. That happened the first time around, and also the second.
Now, I can say, the second time I studied, I made those flashcards, and the third time around, I pulled them out and used them, and added some more. So, did I spend 12 hours per day any time I studied for the bar? Nope. But over time, I did all that stuff and it was worth it. The satisfaction of throwing those boxes of flashcards away was supreme also.
I also agree with Whitney Roberts when she recommended that you study by practicing essays, learning how to write essays, and do some MBEs up until two weeks before the test. Then, you focus only on memorizing. That last two weeks is crucial with so much information. And, when I spent 3-4 hours a day memorizing flashcards, and then 2-3 hours per day writing out cheat sheets to memorize them, that took a lot of time and energy. It is okay to give yourself permission just to do this. I also did 20 MBEs per day during this time. One morning each of those weeks, I did a set of 100 MBE's, timing to make sure I could make the three hours. For me, that was no problem. I usually finished in 2:10. However, at the exam, I usually took up to the last five minutes on one MBE session, for some reason.
If it sounds like a lot. It is. But, get it done, and you won't have to do it again.
Good luck. I felt your pain, the thought of all that work still makes me shudder, and I sympathize, but it's doable. When you study, focus wholeheartedly, and when you are done, stop thinking about it and relax. For me, learning to relax was the hardest part.
Tuesday, November 24, 2009
Sad Day...
Our doggy Molly got hit by a car last night. Not sure how someone could be driving on a road, hit an animal, especially a yellow dog, and not stop, not call the number on the poor dog's collar, nothing. Luckily, some neighbors found her collar and called us. My husband went and got her last night and buried her this morning.
She was the most sweet, joyful dog. My buddy in the kitchen. Bacon was her favorite, so weekend mornings were the time she most looked forward to, when I might be in the kitchen cooking up bacon or sausage at breakfast. She got so excited to "assist" in taking the trash out that she would treat it like a covert operation, running out to the trash cans, looking left and right, and then standing guard while my husband dumped the trash bag. She was always ready to follow wherever her people were going, or just to sit at your feet if you were ready to be lazy. She had a habit of either sitting on my foot or leaning against my leg, simply because she wanted to be near someone. She adored running through the vineyards, and was always a runner. Unfortunately, that's what led to her digging her way out of her kennel, despite all our precautions. She chose the wrong moment to run out onto Dry Creek Road. Poor girl.
I can't imagine having another dog I so thoroughly enjoyed. She may have been my husband's dog, but I can say I loved her wholeheartedly, too. She will be missed in our family.
Wednesday, November 18, 2009
Clients...
A very nice woman came in today for an intial consultation. She started to cry when she started explaining how she makes less because of a mandatory pay cut from the state, and she is struggling to pay the few bills she has.
I went and got her a tissue, we talked, and we figured out some things she can do to help with her financial issues.
Then I gave her her check back for her initial consultation.
My office manager/assistant was less than thrilled. She disagreed that I should be more concerned about this lady's finances than my own.
Granted, I like to pay my employees, and I like to make enough money to pay my bills, but I just cannot feel good about charging this lady for a consultation. She is hiring me to do some things for her, and that is enough.
I think there is a reason we are often called attorneys and counselors at law. You really do need to counsel people. Sometimes it's that they come in and have no idea what they can do to help their own situation and they are really at their wits end. Sometimes they are just in denial about their situation. I have had to tell people they can't afford their house. I then apologize, because I realize that's not the news they want to hear. However, usually they take it pretty well. Sometimes, I think it's what they need to hear from someone else that they trust and don't have to feel embarrassed to discuss financial issues with. Plus, I can deliver some good news about what their options are if they do walk away from the house.
So, the end result of today's experience is that I think if you cannot develop compassion, you make a crappy attorney. Even doing defense work, if you lack the ability to recognize that some people were indeed damaged, then you do your client a disservice when you fail to advise them of their exposure.
Okay, off my soapbox now.
I went and got her a tissue, we talked, and we figured out some things she can do to help with her financial issues.
Then I gave her her check back for her initial consultation.
My office manager/assistant was less than thrilled. She disagreed that I should be more concerned about this lady's finances than my own.
Granted, I like to pay my employees, and I like to make enough money to pay my bills, but I just cannot feel good about charging this lady for a consultation. She is hiring me to do some things for her, and that is enough.
I think there is a reason we are often called attorneys and counselors at law. You really do need to counsel people. Sometimes it's that they come in and have no idea what they can do to help their own situation and they are really at their wits end. Sometimes they are just in denial about their situation. I have had to tell people they can't afford their house. I then apologize, because I realize that's not the news they want to hear. However, usually they take it pretty well. Sometimes, I think it's what they need to hear from someone else that they trust and don't have to feel embarrassed to discuss financial issues with. Plus, I can deliver some good news about what their options are if they do walk away from the house.
So, the end result of today's experience is that I think if you cannot develop compassion, you make a crappy attorney. Even doing defense work, if you lack the ability to recognize that some people were indeed damaged, then you do your client a disservice when you fail to advise them of their exposure.
Okay, off my soapbox now.
Tuesday, November 17, 2009
Legal Work...
I hate it when this happens because I always feel so incompetent, but it tends to be my process in answering motions to dismiss and demurrers....
I read the other side's argument. I think, hmmm.... what was I thinking drafting the complaint that way? Why did I take that client? They have no case! Egads, I'm going to commit malpractice! I will lose my license. These people should have gotten a real lawyer...
Then I read it again and get on Westlaw, and I start to get mad, because, really, what was that other lawyer thinking when they wrote such lame drivel, disguising it as the truth of the law? Sheesh!
Then I review my work, edit out the snarky stuff, and breathe a sigh of relief. I may actually do okay on this.
Every stinkin' time.
That was my day today.
I read the other side's argument. I think, hmmm.... what was I thinking drafting the complaint that way? Why did I take that client? They have no case! Egads, I'm going to commit malpractice! I will lose my license. These people should have gotten a real lawyer...
Then I read it again and get on Westlaw, and I start to get mad, because, really, what was that other lawyer thinking when they wrote such lame drivel, disguising it as the truth of the law? Sheesh!
Then I review my work, edit out the snarky stuff, and breathe a sigh of relief. I may actually do okay on this.
Every stinkin' time.
That was my day today.
Subscribe to:
Posts (Atom)
