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.