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.

February 2013 California Bar Exam: Essay #1 (Crimes)

This is the first 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 first essay question from the California Bar website (here).  As you can see, it was a criminal law question.  I’ve bolded the facts that I thought were especially relevant.  My general thoughts and sample answer are after the jump.

Essay Question

Max imports paintings. For years, he has knowingly bought and resold paintings stolen from small museums in Europe. He operates a gallery in State X in partnership with his three sons, Allen, Burt, and Carl, but he has never told them about his criminal activities. Each of his sons, however, has suspected that many of the paintings were stolen.

One day, Max and his sons picked up a painting sent from London. Max had arranged to buy a painting recently stolen by Ted, one of his criminal sources, from a small British museum.

Max believed the painting that they picked up was the stolen one, but he did not share his belief with the others.

Having read an article about the theft, Allen also believed the painting was the stolen one but also did not share his belief.

Burt knew about the theft of the painting. Without Max’s knowledge, however, he had arranged for Ted to send Max a copy of the stolen painting and to retain the stolen painting itself for sale later.

Carl regularly sold information about Max’s transactions to law enforcement agencies and continued to participate in the business for the sole purpose of continuing to deal with them.

Are Max, Allen, Burt, and/or Carl guilty of:

(a) conspiracy to receive stolen property,
(b) receipt of stolen property with respect to the copy of the stolen painting, and/or,
(c) attempt to receive stolen property with respect to the copy of the stolen painting?

Discuss.

February 2013 California Bar Exam: Questions Released!

Today the essay and performance test questions from the February 2013 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.

February 2013 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 41% of the applicants passed the February 2013 California Bar exam.  Overall, there was a 41% pass rate.  First-time takers, who comprised 1,371 of the 4,419 applicants (31%), had a 52% pass rate.  Repeat takers, who comprised 3,048 of the 4,419 applicants (69%), had a 36% pass rate.

You can see a detailed breakdown of the score ranges here.  As you're likely aware, a passing score is 1440.  40% of applicants had a score of 1442 or higher.  Notably, only 30% of applicants had a score of 1342 or lower.  Of the roughly 60% 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 roughly 5% 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 60% pass rate while repeat-takers had a 50% pass rate.  Of students from out-of-state ABA-accredited schools, first-time takers had a 49% pass rate while repeat-takers had a 39% pass rate.  Of students from California schools that are accredited but not by the ABA, first-time takers had a 25% pass rate while repeaters had a 17% pass rate.  The press release contains even further information for other types of schools.

I'm hopeful to soon get my hands on a copy of the essays and performance tests from the February 2013 California Bar exam so that I can begin drafting sample answers.  There are rumors that they will not be posted on the California Bar website until July, but some have been able to receive copies.  (See here and here.)

February 2013 California Bar Exam Results: 2 More Days!

On Friday, May 17, 2013, at 6 p.m., applicants can sign in here to check whether their names appear on the pass list for the California Bar exam.  You must have your application number and file number handy.  Results are available at 6 p.m. exactly.  There is truly no use in compulsively checking during the day or even the hour before.  Just be patient and wait.

What will it look like?  First, in bright red you'll see, "February 2013 California Bar Exam."  (Don't be startled by the red font, though it's certainly a bit jarring.)  Then, in a gray box you'll see your application number, file number, and name.  Beneath the box, depending on whether you passed, you will see, "The name above [appears/does not appear] on the pass list for the February 2013 California Bar Examination."  Don't be afraid or surprised when you do not see fireworks or congratulatory words--that is just not the California Bar's style.

Do not let anxiety or panic overwhelm you while you await results.  That will do nothing.  Try your best to relax and have an attitude of "come what may."  The hour before I had a few drinks with my best friend and got lost watching a marathon of Toddlers in Tiaras (don't judge me).  Before I knew it, the next episode had started, it was 6:01 p.m., and I needed to run to my computer to check.  That's how it should be done.

Think positive and assume the best.  Just imagine how great it will feel when you get the good news.  Below the jump are some videos to get you excited.

Studying for the California Bar Exam: How Much Is Enough?

Can I take weekends off while studying for the California bar exam?  Is it true that I don't need to start seriously studying for the California bar exam until July?  How many hours should I study for the California bar exam per day?

These types of questions really miss the point.  Below the jump I offer my thoughts on these questions and the real concerns that should be addressed as you begin your studies.

Tips on Your Hotel Stay During the California Bar Exam

Like I've said before, I'm a big fan of preparation.  If you're taking the July 2013 California bar exam and have not done so already, book your hotel!  Now is the time to splurge.  You want to ensure that you get a conveniently located hotel in which you feel comfortable.

Most people check into their hotel the day before the bar exam.  My partner and I checked in two days before (so the Sunday before the Tuesday of the bar exam).  We wanted plenty of time to get comfortable in our new surroundings.  We also didn't want to deal with the floods of other potentially stressed out exam-takers checking in the day before the exam.  We both felt that it was well worth the small amount of extra dough for the tremendous amount of peace of mind.

Further Tips

• Request the lowest floor possible.  We were on the fourth floor.  This meant that we could take the stairs down to the exam in the morning.  We were terrified at the thought of taking an elevator down 10+ flights with potentially stressed out exam-takers.
• Request a refrigerator immediately.  Most hotels have a limited number that they can loan out.  We stalked ours full of soda, energy drinks, and yogurt.
• We went so far as to bring a toaster oven.  We wanted a way to warm up our food.  Hey, we at least didn't bring a microwave, right?
• Stock up on food.  Pack plenty of snacks.  Have a pre-packed lunch ready for each day.  Before we left for our hotel, I'd bagged up a sandwich for each day so that I could relax during the lunch hour.
• Bring your medicine cabinet with you.  Have the occasional problem with headaches, sinuses, etc.?  You had better be ready for them.  The last thing that you need during an essay exam is a nagging headache or dripping nose.  Think beyond medications, too (e.g., heating pad, humidifier).
• Make your hotel room a positive, encouraging space.  We brought graduation cards and family pictures for the night stands, bought ourselves flowers, decorated with candles, and adorned the walls with positive affirmations.  
• Bring movies with you.  Nights can be tough.  While it's fine to study a little each night, you need to wind down at some point.  Turning your brain off isn't always easy.  You might be able to find something decent to watch on television, but why not bring yourself a treat?
• Become friends with the hotel staff.  Be gracious and do not foster the stereotype of the self-absorbed, Type A attorney.  This is just good etiquette, but it also may come in handy.  You'll be there for nearly a week and may need special accommodations or favors.   

California Bar Exam Performance Test Tips

Below are a few general tips for the performance tests on the California Bar Exam.  As I've previously mentioned, the performance test should be what helps you to pass the California bar exam - it should not be what hurts your score.  At the end of the post is some strong introductory language that I picked up from reading sample answers.  Beginning your performance test with this language can really help you to start off on the right foot.

Read the Instructions Carefully

I'm not concerned so much with the first page of instructions on the performance test (those are standard and not likely to change), but rather the instructions on the prompt.  You should focus on the following when reading the prompt: (1) is it a persuasive or objective assignment; (2) what specifics are asked of you; and (3) what are you advised to skip.  You'll frequently - but not necessarily always - will see that you can omit the facts section of a brief.  You don't want to end up writing a portion that won't even be graded.  On the flip side, for an objective memorandum, you might be asked to write certain parts that you would ordinarily skip (e.g., a section addressing unknown facts).  Don't be so quick to get writing that you hastily read the prompt.  Part of what you're being tested on is your ability to follow directions.

Outline Before Writing

Whatever you do, do not start writing without first reading the entire library and outlining your answer.  This is possibly one of the biggest mistakes that you can make in the performance test.  Part of what you're being tested on is your ability to prioritize and manage your time.  Outlining your answer will give you a sense of how many issues you need to address and the meaty portions of your analysis.

Sample Opening Language

While studying for the California Bar exam, I reviewed sample answers and pulled the following language that I liked from the introductions:

• "This memorandum provides an objective analysis of the legal and factual issues..."
• "Pursuant to your instructions, here is….  Please let me know if there are any problems. Thank you."
• "As per your instructions, I have prepared a memorandum discussing….  Based on my review of the legal materials, it appears that….  This memorandum first discusses…and then…"

I liked this opening language for two reasons.  First, it shows the reader that you read the instructions and are following them perfectly.  Two, it focused you and reminds you what you need to accomplish in your answer.

You shouldn't plan on copying this language verbatim - you should craft it based on what is asked of you in the prompt.  For instance, if there is a portion that you omitted per the instructions, mention that you have done so to show that that it was a purposeful omission and you are following the instructions.  Hopefully this gives you a sense of a really powerful way to start the answer to your performance test.

California Bar Exam: February 2013 Subjects Covered

I am eagerly waiting for the California bar to post the actual essays questions and performance tests.  A few sources (see here, here, here, and here) are reporting the following essay subjects:

• Crimes (conspiracy, receipt of stolen goods, and attempted receipt of stolen goods)
• Professional responsibility (communication with former employee of represented party, knowingly allowing client to lie, communication of settlement offer)
• Remedies (conversion, replevin, equitable lien, constructive trust, quasi-contract)
• Torts (products liability, negligent warning, innocent bystander theory)
• Federal civil procedure (discovery, work-product, relation-back, and complaint amendment)
• Business associations (general partnership, failed incorporation, liability for secured loan)

The performance tests allegedly involved a persuasive task and an objective task.  This seems to be the clear trend in performance tests (one objective and one persuasive task).  The sources mentioned above are stating that the performance tests involved a persuasive letter and an objective memorandum - the usual suspects.

I'll keep checking for the exam to be posted.  In the meantime, any California February 2013 bar exam takers care to chime in?  

101 Mnemonics to Help You Pass the California Bar Exam

I am a big fan of mnemonics.  There is just so much to memorize for the California bar exam – you’re sure to need some help squeezing it all into your head to help you pass.  For some people, mnemonics just do not work or only create more confusion.  You probably know what works for you.  If you don’t fancy yourself a fan of mnemonics, then I suggest that you at least try using a few to see if you can save yourself some time and stress.

Mnemonics deserve a word of caution.  They are just meant as triggers.  You have to know the law itself.  Sometimes they are incomplete, so you have to have the foundational knowledge there to fill in the blanks.  They are just to help you remember a list of items or elements to jog your memory.  There’s no substitute for knowing the law.  These are just to assist you in cramming all of the necessary knowledge into your brain in a short amount of time.

While studying for the California bar exam, I compiled a list of mnemonics that I gathered from different sources and some that I came up with on my own.  I didn’t use all of these – that would be a little overboard.  For the ones that came naturally or for which I needed mnemonics (i.e., I struggled with remembering all of the elements), I made flash cards and put them on posters that I taped to the walls (more on this later).  Some of these are a bit crazy, but I’ve included them in case they work for you.  I’ve put them after the jump because the list is rather long.  See a favorite mnemonic missing from the list?  Add it in the comments section.

What to Bring Into the California Bar Exam

I’m big on preparation.  Months before the California bar exam I wanted to find out what I know what I could bring into the exam so that I could start preparing my kit.  Below are the rules regarding what you can bring and a description of what I brought.  I hope this helps as you also prepare!

Cross-Over #1: Califonia Bar Exam Feb. 2011 (Contracts/Evidence/Remedies)

One of my biggest fears while studying for the California bar exam was that I would encounter a cross-over question.  It’s one thing to put on your “Crimes” hat and to spot all the crimes or to put on your “Contracts” hat and go through the formula for dealing with a contract dispute.  It’s a whole different ball game to have to wear two hats at once and to spot unique twists on the normal issues.  I’ll try to focus a few posts on past cross-over questions to give you an idea of how you might encounter these on the bar exam and how best to prepare.  There's no reason that a cross-over question should prevent you from passing.  A little extra preparation will have you ready for these curve balls.

The California bar exam in February 2011 had two cross-over questions – a Business Associations/Professional Responsibility cross-over and then a mega mash-up of Contracts, Evidence, and Remedies.  I’ll be addressing that second essay question in this post because it involved three subjects.  As you’ll see, it actually wasn’t too bad.

Performance Test on California Bar Exam: What to Expect

The performance test should be the easiest portion of the California Bar Exam as long as you practice.  It should be what helps you to pass (easy points) - it should not be what prevents you from passing.

I'm not a betting man, but you can be fairly certain that the performance test prompts will ask you to prepare (a) an objective memorandum or letter and (b) a persuasive letter or memorandum of points and authorities (i.e., the argument section of a brief).  Below (after the jump) is a chronological listing of all of the performance test prompts dating back to February 2007.  The actual exams and sample answers are linked to in the headings for your easy reference.

If you study with one of the commercial bar preparation programs, they will probably expose you to a few other oddball prompts (i.e., write an opening argument, prepare deposition questions).  It's always possible that they could throw a curve ball your way (i.e., February 2012 Performance Test B), but this hasn't seemed to be the recent trend.  I have a feeling that such curve balls create too far of a spread and make grading quite difficult.

My advice:  You had better be ready to write an objective memorandum/letter, a persuasive letter, and a memorandum of points and authorities.  These prompts should not surprise you.  You should be able to do these in your sleep and you should breath a sigh of relief when they show up on your bar exam.  HOWEVER, you should also practice one oddball performance test.

Practice: Put the Pedal to the Metal

There's No Substitute for Practice

Embarrassingly, I earned my licensed to drive after I earned my bar license.  Anxious about getting behind the wheel, I watched endless Youtube videos and re-read the DMV manual.  At some point, though, I couldn't escape the truth: the only way I would really learn was to get behind the wheel.  The first few times behind the wheel were incredibly scary.  I had to accept that I would make mistakes and that it's just part of the learning process.  It was stressful and led to a few heated arguments, BUT I passed the exam on my first try and now enjoy the privilege of driving myself as often as I please.

I mention this story because the truth seems to escape many people when studying for the bar exam.  I'm hoping that the analogy of learning to drive gets the point across.  Obviously there's no way to learn to drive than to practice behind the wheel and there's no substitute for this practice.  Why, then, do many of those studying for the bar overlook the importance of practice?  You have to practice writing out essays and performance tests.  You actually have to write out the answers.  Spotting the issues is only part of the process.  You have to be comfortable with writing out rules, bringing facts into your analysis, and using signals/flags to make life easy for your grader.  You have to practice answering MBE questions. You need to get used to carefully reading questions, looking for clues, and familiarizing yourself with common traps.

Practice Under Testing Conditions

There's another useful lesson that I learned in preparing for my behind-the-wheel test: the importance of controlling conditions to prepare for the Big Day.  My instructor taught me the exact route for the examine and the tasks that the local examiner would expect me to accomplish.  I performed several practice runs and was graded as if they were real.  On the day of the actual examination I felt completely prepared.

Similarly, you must practice for the bar exam under testing conditions.  When starting out it's fine to give yourself a little leeway, but you really need to get used to the testing conditions.  You need to be able to write an essay in 60 minutes, etc.  Some people think, "I need to learn the law!  I don't have time to write out all of my answers or answer so many MBE questions!"  This misses the point.  While the bar exam does test your knowledge of the law, it also tests your ability to manage time and prioritize.  Honing these skills is just as important as knowing the law.