Essay Preparation
Preparing for the essays is easier than one would think. In its own way, it is
actually quite a bit easier than preparing for the multi-state multiple choice
questions, which occasionally can focus on little details that are easy to miss.
But the essays are all about bigger picture issues, so above all want you want to
get in your mind are the main concepts.
Another comforting aspect of the essays is that even if you get the law wrong,
sometimes your analysis is just as or more important than the law. The State Bar
Association of California, for example, have released sample answers that got the
highest scores that actually have incorrect law within them. But the State Bar
realizes that when you become the lawyer, you're not going to pulling the law out
of your brain, but rather after looking it up in a book. Hence, minor mistakes
in your knowlege of the law is not a huge problem. What they are primarily looking
for is your ability to spot issues, and your ability to actually apply the law.
My recommended format for preparing for the essays is as follows: after you have
carefully read through a subject outline as explained in previous pages, go again
to a quiet place and stack up all the same essays and essay answers that you have
for that subject. You should have at least 6-15 essays, which again can be retrieved
from the State Bar Association itself, PMBR, BARBRI, or e-bay sales of books from
those three entities.
Now pick up the first essay. Act as if you are taking an examination. Give
yourself 15 minutes to read the essay carefully, and 5 minutes to prepare an
outline. Really try your best, don't give in to a temptation to immediately
look at the answers. When you've given it your best shot -- the kind of full shot
that you would give a question on the actual exam -- then look at the answers.
Now look at the answers very carefully. If you see a bit of law or perspectives
on the law in there that you didn't understand before, add appropriate notes to your
outlines. Make sure you understand what you missed the first time around and how.
Now, immediately, take your fake little self-test again. Give yourself 20
minutes as described above, and see if you can answer the essay question and outline
an answer with as much detail as the sample answers. You'll probably fail, even
though you just looked at the answers, because there is just too much information.
Just try your best.
Rinse, wash, and repeat. Keep doing this until you can quickly write out a
more or less accurate outline that includes all the points in the model answer.
Then move on to the next question, and pursue the same approach.
Again, the strength of this approach is that you are constantly honing your
ability to face a fact pattern, address issues that come up, sketch out outlines
as quickly as can be and formulate an answer.
Once you get to Week Five and Week Six, you should be timing yourself to meet
the tough standard of the actual exam. Typically, for a three hour period they'll
give you three essays (although this may differ from state to state). So for
each essay they will give you one hour. Plan to read the essay question in 5 minutes
and to outline it in 10 minutes. You will also want to write out your essays
a couple times too, to get used to that feeling. When you do that, do it in three
hour sprints of three essays, just as in the exam itself.
After a while, and certainly by Week Six, you should be using your essay questions
like large flash cards. Scramble them up, and then toss a question at yourself.
Read it quickly, then whip out the outline in 5 minutes, and then go to the next
question, and the next one.
You may worry that you are cheating, because you are just looking over the same
questions over and over. In a way, of course, that is true. But the good thing
is that you are learning the raw ability to spot check, to work under time pressure,
and to construct frameworks with great speed. If you have 10 essays in your hands,
all focusing on the same subject area, then it is unlikely that the actual bar
exam will test an issue that you haven't challenged yourself with already. There
may be a different fact pattern -- for exam, Bob might be an old granny, and
he might have been hit by a truck rather than indirectly -- but the general issues
will probably be similar, be it negligence, assault, battery, trespass or whatever.
If you can whip through 13 subject areas or so, multi-state and state-specific, and
quickly write up excellent outlines in five minutes for the 6-15 samples questions that
you have for each subject area, then you will be well prepared for the bar exam.
That's exactly the standard that I used for myself, and I found it highly successful,
as well as psychologically comforting.
Next -- Performance Exams