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.