February 2014 California Bar Exam Essay #2: (CP)

This is the second of six posts in which I will analyze the essay questions from the February 2014 California Bar exam and will provide sample answers.  (I apologize for lagging behind in these answers.  I am going to try to pick up pace with the rest.)  Below is the essay question from the California Bar website (here).  As you can see, it was a community property question.  I have bolded the facts that I thought were especially relevant.  My general thoughts and sample answer are after the jump.

Essay Question

Hank and Wendy are residents of California.  Hank is a teacher and Wendy is an accountant. 

In 2008, Hank and Wendy married.  After their wedding, Wendy’s mother deeded them a house as joint tenants.  They moved into the house and used their earnings to furnish it in a lavish style, including an antique mirror in the entryway.  One day, Hank gave the mirror to a friend who had admired it on a visit to the house. 

In 2012, Wendy purchased a small office building where she established her own accounting practice.  She paid for the building with funds saved from her earnings during her marriage and took title in her name alone. 

In 2013, Hank and Wendy separated.  Hank told Wendy that the house was henceforth her separate property and she said, “O.K.” 

After the separation, Wendy’s income from the accounting practice tripled and she remodeled the office building with her increased earnings. Without Hank’s knowledge, she then sold the building to Bob, who did not know that she was married. 

In 2014, Wendy initiated dissolution proceedings. 

1.  What are Wendy’s rights, if any, as to the antique mirror? Discuss.
2.  What are Hank’s and Wendy’s rights, if any, as to the following:

                a) The house? Discuss.

                b) The accounting practice? Discuss.

                c) The office building? Discuss. 

Answer according to California law. 

February 2014 California Bar Exam: Essay #1 (PR)

This is the first of six posts in which I will analyze the essay questions from the February 2014 California Bar exam and will provide sample answers.  Below is the essay question from the California Bar website (here).  As you can see, it was a professional responsibility question.  I have bolded the facts that I thought were especially relevant.  My general thoughts and sample answer are after the jump.

Essay Question

Three months ago, Dave was arrested for the burglary of a shoe store after a forensic investigation by the police department identified him as the burglar.  Patty, a prosecutor, brought burglary charges against him. 

A week ago, Patty saw a press release that the police chief was planning to issue to the media. It stated that Dave was a “transient” and had been “arrested for burglary by Inspector Ing, who is known for his ability to apprehend guilty criminals.” 

Four days ago, Patty received a report from a federal agency stating that the police department’s forensic investigation identifying Dave as the burglar was unreliable.

Three days ago, Patty announced “ready for trial” at a pretrial conference. 

Yesterday, Patty learned that two eyewitnesses had identified Dave as the burglar. Because she did not intend to use evidence from the forensic investigation, she did not disclose the federal agency report to Dave’s attorney. Dave’s attorney has never asked her to provide discovery. 

This morning, Patty called the judge who will be presiding over Dave’s trial to reassure him that there is ample non-forensic evidence to convict Dave. 

What ethical violations, if any, has Patty committed? Discuss. 

Answer according to California and ABA authorities.

February 2014 California Bar Exam: Results

The pass list will not be available to the public until May 19, 2013, at 6 a.m., but the California Bar has released some of the statistics.  The press release can be viewed here.

The State Bar of California's Committee of Bar Examiners has reported that 45.3% of the applicants passed the February 2014 California Bar exam.  Overall, there was a 45.3% pass rate.  (Compare this to the overall pass rate  of 41% for the February 2013 California Bar exam.)  First-time takers, who comprised 1,492 of the 4,578 applicants (32.6%), had a 55% pass rate.  Repeat takers, who comprised 3,086 of the 4,578 applicants (67.4%), had a 41% pass rate.

You can see a detailed breakdown of the score ranges here.  As you're likely aware, a passing score is 1440.  45% of applicants had a score of 1440 or higher.  Notably, only 25% of applicants had a score of 1334 or lower.  Of the roughly 55% of applicants that did not pass, this means that roughly half of them were within 100 points of passing.  Similarly, of those that passed, only roughly15% had scores that were more than 100 points above a passing score.

What does the breakdown of scores show?  Get your points where you can!  Make sure that your grader can easily see every issue you've spotted, your analysis, and your conclusions.  Make it super easy to follow your performance test answer so it's clear that you followed the directions.  Practice the MBE religiously so that you do not get thrown off by a series of curve ball questions about nuances.  I'll have more advice for those that did not pass, but I wanted to post my initial thoughts on these statistics.

While more detailed school-based results will be released in four to six weeks, the Committee has released some general statistical information related to types of schools.  Of students from California ABA-accredited schools, first-time takers had a 69% pass rate while repeat-takers had a 56% pass rate.  Of students from out-of-state ABA-accredited schools, first-time takers had a 44% pass rate while repeat-takers had a 40% pass rate.  Of students from California schools that are accredited but not by the ABA, first-time takers had a 42% pass rate while repeaters had a 24% pass rate.  The press release contains even further information for other types of schools.

February 2014 California Bar Exam: Questions Released!

The essay and performance test questions from the February 2014 California bar exam have been posted to the California bar website. You can view them here. I'm hoping to have my sample answers prepared within the next few days.

Passing the California Bar Exam: Visualizing Success

There's some interesting research on how visualizing success could potentially hurt your chances of success.  For a more detailed discussion of some of this research, check out this article.  As noted by researchers, visualizing success can calm you such that your ambition is lowered.  In terms of helping you to pass the California bar exam, I believe this research shows that you should carefully plan when you begin the visualization process.  As discussed below, proper timing can really help you as you go into the California bar exam.

The night before the exam, my partner, one of our friends and I tried out a visualization exercise.  We were all laying in the hotel beds when we tried this out.  It was the perfect time to clear our minds of anxiety and relax.  When you step foot into the examination room on the first day you should be feeling confident and relaxed.  A little bit of adrenaline might help, but any anxiety will most likely hurt you.  At this point in the process you no longer need "ambition" - you need confidence and a clear mind.

If this sounds like something that might interest you, then read more after the jump. If it all sounds too new age for you, then feel free to skip this post. But please do not skip this post because you feel like you do not have the time for such an exercise. If that is your mentality, then you are probably just the person (e.g., overwhelmed, burnt out) who needs some visualization help.

And... We're Back!

I am back to resume posting after a bit of a hiatus. I was busy with work for awhile but have some more free time. I am going to start with some unfinished posts and then will take a look at the February 2014 California bar exam to review the topics covered on it. Is there something specific that you would like to see covered on this blog? Feel free to suggest it in a comment or with an email.

Congratulations to all of those who just learned that they passed the February 2014 California Bar exam. To those that did not pass, keep your chin up. You took the hardest bar exam in the country and I am sure you came close to passing. You can do it. Examine your strengths and weaknesses based on your results. Strategize and come up with a plan. You have already done this at least once, you have the foundational knowledge, and you know what to expect. Now it is just a matter of refining your skills and knowledge. Again, you can do this. I believe in you.

To those of you currently studying for the July 2014 California Bar exam, good luck! Treat it like a marathon. Work hard but give yourself time to rest. Believe me - your body & brain need it. I hope that this blog is helpful to you as you study. Again, feel free to suggest any topics that you would like to see covered on here.

February 2013 California Bar Exam: Essay #2 (PR)

This is the second of six posts in which I will analyze the essay questions from the February 2013 California bar exam and will provide sample answers.  Below is the essay question from the California Bar website (here).  As you can see, it was a professional responsibility question.  I’ve bolded the facts that I thought were especially relevant.  My general thoughts and sample answer are after the jump.

Essay Question

Carol, a woman with young children, applied to rent an apartment owned and managed by Landlords, Inc. Landlords, Inc. rejected her application.

Believing that Landlords, Inc. had rejected her application because she had young children, Carol retained Abel to represent her to sue Landlords, Inc. for violation of state anti-discrimination laws, which prohibit refusal to rent to individuals with children.

Landlords, Inc. retained Barbara to represent it in the lawsuit. Barbara notified Abel that she represented Landlords, Inc.

Abel invited Ford, the former manager of rental properties for Landlords, Inc., to lunch. Ford had participated in the decision on Carol’s application, but left his employment shortly afterwards. Abel questioned Ford about Landlords, Inc.’s rental practices and about certain conversations Ford had had with Barbara regarding the rental practices and Carol’s application.

During a deposition by Barbara, Carol testified falsely about her sources of income.  Abel, who attended the deposition, suspected that Carol was not being truthful, but did nothing.

After the deposition ended and Carol had left, Barbara told Abel that Landlords, Inc. would settle the dispute for $5,000. Abel accepted the offer, signed the settlement papers that day, and told Carol about the settlement that night. Carol was unhappy with the amount of the settlement.

What, if any, ethical violations has Abel committed? Discuss. Answer according to California and ABA authorities.