Thursday, January 15, 2009

Continuing in the tradition of giving unsolicited advice on topics I know nothing about...

When I was younger my family and I would take long trips during the summer: Driving through Labrador Canada, train rides through Alaska, chugging up the Hudson....These adventures were all wonderful and magical...but there was always a part of them that was not. To be frank, there is always a portion that is downright miserable; when you are cold, wet, grumpy and want nothing more than to be home. (See, e.g.: blowing a tire out on a dirt road up in Labrador - miles from civilization; having to be rescued from the coast guard when my grandfather's engine burst into flames off of Point Judith; that unfortunate miscalculation of train times outside Seward, Alaska; and after any stretch of time stuffed in a back seat with my brothers). Despite this, these are usually the memories my family and I enjoy recalling the most. Get us around the table and we will exchange reminisces of when we were most cold and miserable with unseemly relish. Memory is a funny thing. I sometimes think that half of the joy of these travels is in simply surviving (with all limbs in tact and members on at least grunting terms) to tell the tale. Joy may very well be simply misery weathered.

I mention this now because I have been reflecting on another hellacious journey, the Bar (the horror, the horror), and have found myself looking back on the months of studying with that familiar, indulgent nostalgia. Memory certainly is a funny thing. A number of friends are now preparing to sit for the February bar and I know (having done it myself) that many others are scouring the internet for the "secrets to bar success." Having weathered that storm myself, I thought that I would pass on a few words of advice:

1. You know more than you think you do...Contrary of popular sentiment, you will be surprised how well law school actually does prepare you for the bar (and more specifically for the state essay portion). While coming out of school you may not necessarily know the exact details of the process of closing a mortgage in your state but you will know: (1) how to structure an arguement and (2) some basic legal principles to back up your argument in a crunch.

2. And even if you don't it doesn't have to matter...I know this sounds crazy (and it took me a while to get my head around it) but if you don't know the law - make it up. Seriously. This is the kernel of truth that BarBri etc imparted to us again and again - and I stand by it. Half of the time you will be right and the other half the fact that you are wrong is immaterials when compared against the strength of your reasoning and the solidity of the legal principles referenced. Check your state's sample answers to past questions: you will find that frequently these "best" answers featured are frequently WRONG on the law.

3. Write out essay answers for practice - even before you feel comfortable doing so. This is the best preparation for the test. As noted above these essays are very formulaic. If you are comfortable with the formula it significantly reduces stress - even if you aren't necessary comfortable with the given material. This is also important because as soon as you start answering essay questions you will (and let me underscore this, will) have a panic attack. It is best to get this out of the way earlier in the game.

4. Have a study schedule. The way I did this was not so much in regards to time allotments throughout the day, but rather specific objectives. For example: today I will cover the UCC and oral contracts, cover 40 Contract MBE questions and draft two Contracts essays. I then divided my time in general terms to meet those objectives. It is also important to have a weekly a monthly schedule - keep in mind the larger goals and don't get caught up in the minutiae.

5. Schedule in time to relax and NOT think about the bar.

6. If you are like me (and can't sleep the night before a test) invest in Tylenol PM or Simply Sleep in advance of T-minus one night. A good nights rest is critical - not only to being sharp and ready to tackle the questions but in order to keep yourself calm under pressure and everything in perspective.

Honestly, you survived first year and, in my experience nothing is as intimidating as first year of law school.

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