Reposted from June, 2008, but still pertinent.
It's almost July; the exam is coming up in about a month. Some of y'all may be getting stressed, particularly about practice exam/simulated MBE scores. First off - the simulated MBE is to give you an idea of what the exam is like and to kind of remind you that this is coming up. Keep studying your rules of law, and you will be fine.
Remember, the exam is there to test how well you can spot issues, state the rule and apply it (this is your IRAC in action). You have to be able to keep your thoughts organized - take your time and let the answer come out. Don't panic. So long as you've studied, you should be fine. The exam is designed to be difficult, but passable. The idea is that you need to put in the effort to prepare for it. Remember that, and remember that you already learned most of this in law school and you're just refreshing your mind while studying for the bar, and you should be fine. You still need to actually study, though. That part is tough to pass by...
I can't tell anyone "how" to study for the bar exam. Everybody learns their own way. I can tell you what worked for me, if that gives you a launching point for your own preparation after BarBri ends.
Photog and I studied together. We went to BarBri together, then went to the school and studied together. One thing that helped us was that we were able to find a room where we could speak to each other without worrying about disturbing others. This way, we could go over practice questions and exams and discuss the answers to reinforce what we were learning. We actually chose the International Law Society office at STCL because we knew we would be able to study and still have things to take the focus off our stress.
We would start the day by doing about 30-50 multiple choice questions, either from the Barbri software or questions from other exam sources. We would read 10 questions, we would both come up with answers individually, then we'd share our answer. If the answers did not match, then we would "sell" our answer to the other before we checked the answer (on the software we usually did this one question at a time). After we checked our answer, we made sure we understood the reasoning for the answer, particularly if we got it wrong, or if we got it right but only because we guessed the correct letter. Attention to detail counts here. Read each word in the question and answer. Then we'd take lunch.
After the MC questions, we would start on the essays (should be the yellow book). Again, we'd read a question, come up with an answer, explain the rule of law, and support our position. For these, we usually were pretty close with our answers, but our reasoning might differ slightly, except in the situations where we simply had no idea about the topic of the question (this will happen - make sure you make note of it and keep going - don't get bogged down). We would do this for 3-5 hours, usually getting through 3-6 essays (don't worry about speed, which will come, worry about getting the rules down). Then it was time for coffee and coca-cola breaks.
Then, depending on our energy level, we would consider going over the Procedure and Evidence questions - you want to do these a couple times, just to make sure you're comfortable with the questions - there's a limited number of questions that they can ask, so you should have little trouble getting these in your head.
One of the things that we had to do was keep something around to occupy ourselves - we had toy swords and a Nerf ball that we would bat around, and a yardstick we would balance from time to time. I find that I need to keep active while I'm studying, it helps me focus. This is certainly not for everyone and if you are studying with anyone, make sure that your study partner is of similar activity requirement.
Finally, keep your sense of humor, don't get discouraged - you know the information, you just need to practice getting it out. Like I said before - the exam is there to challenge you, not to try to fail you. If you ever need any bad jokes to ease the stress, I may know one or two.
Showing posts with label Bar. Show all posts
Showing posts with label Bar. Show all posts
Thursday, June 30, 2011
Saturday, October 25, 2008
Not Yet
The results from the July 2008 Texas Bar Exam are still not ready. It should be another 12-13 days.
But, if you are itching to see what your questions were, you can access them here. The raters' notes should be available for the most recent exam here shortly, as well.
But, if you are itching to see what your questions were, you can access them here. The raters' notes should be available for the most recent exam here shortly, as well.
Friday, June 27, 2008
Advice for the July 2008 Bar Examinees
It's almost July; the exam is coming up in about a month. Some of y'all may be getting stressed, particularly about practice exam/simulated MBE scores. First off - the simulated MBE is to give you an idea of what the exam is like and to kind of remind you that this is coming up. Keep studying your rules of law, and you will be fine.
Remember, the exam is there to test how well you can spot issues, state the rule and apply it (this is your IRAC in action). You have to be able to keep your thoughts organized - take your time and let the answer come out. Don't panic. So long as you've studied, you should be fine. The exam is designed to be difficult, but passable. The idea is that you need to put in the effort to prepare for it. Remember that, and remember that you already learned most of this in law school and you're just refreshing your mind while studying for the bar, and you should be fine. You still need to actually study, though. That part is tough to pass by...
I can't tell anyone "how" to study for the bar exam. Everybody learns their own way. I can tell you what worked for me, if that gives you a launching point for your own preparation after BarBri ends.
Photog and I studied together. We went to BarBri together, then went to the school and studied together. One thing that helped us was that we were able to find a room where we could speak to each other without worrying about disturbing others. This way, we could go over practice questions and exams and discuss the answers to reinforce what we were learning. We actually chose the International Law Society office at STCL because we knew we would be able to study and still have things to take the focus off our stress.
We would start the day by doing about 30-50 multiple choice questions, either from the Barbri software or questions from other exam sources. We would read 10 questions, we would both come up with answers individually, then we'd share our answer. If the answers did not match, then we would "sell" our answer to the other before we checked the answer (on the software we usually did this one question at a time). After we checked our answer, we made sure we understood the reasoning for the answer, particularly if we got it wrong, or if we got it right but only because we guessed the correct letter. Attention to detail counts here. Read each word in the question and answer. Then we'd take lunch.
After the MC questions, we would start on the essays (should be the yellow book). Again, we'd read a question, come up with an answer, explain the rule of law, and support our position. For these, we usually were pretty close with our answers, but our reasoning might differ slightly, except in the situations where we simply had no idea about the topic of the question (this will happen - make sure you make note of it and keep going - don't get bogged down). We would do this for 3-5 hours, usually getting through 3-6 essays (don't worry about speed, which will come, worry about getting the rules down). Then it was time for coffee and coca-cola breaks.
Then, depending on our energy level, we would consider going over the Procedure and Evidence questions - you want to do these a couple times, just to make sure you're comfortable with the questions - there's a limited number of questions that they can ask, so you should have little trouble getting these in your head.
One of the things that we had to do was keep something around to occupy ourselves - we had toy swords and a Nerf ball that we would bat around, and a yardstick we would balance from time to time. I find that I need to keep active while I'm studying, it helps me focus. This is certainly not for everyone and if you are studying with anyone, make sure that your study partner is of similar activity requirement.
Finally, keep your sense of humor, don't get discouraged - you know the information, you just need to practice getting it out. Like I said before - the exam is there to challenge you, not to try to fail you. If you ever need any bad jokes to ease the stress, I may know one or two.
Remember, the exam is there to test how well you can spot issues, state the rule and apply it (this is your IRAC in action). You have to be able to keep your thoughts organized - take your time and let the answer come out. Don't panic. So long as you've studied, you should be fine. The exam is designed to be difficult, but passable. The idea is that you need to put in the effort to prepare for it. Remember that, and remember that you already learned most of this in law school and you're just refreshing your mind while studying for the bar, and you should be fine. You still need to actually study, though. That part is tough to pass by...
I can't tell anyone "how" to study for the bar exam. Everybody learns their own way. I can tell you what worked for me, if that gives you a launching point for your own preparation after BarBri ends.
Photog and I studied together. We went to BarBri together, then went to the school and studied together. One thing that helped us was that we were able to find a room where we could speak to each other without worrying about disturbing others. This way, we could go over practice questions and exams and discuss the answers to reinforce what we were learning. We actually chose the International Law Society office at STCL because we knew we would be able to study and still have things to take the focus off our stress.
We would start the day by doing about 30-50 multiple choice questions, either from the Barbri software or questions from other exam sources. We would read 10 questions, we would both come up with answers individually, then we'd share our answer. If the answers did not match, then we would "sell" our answer to the other before we checked the answer (on the software we usually did this one question at a time). After we checked our answer, we made sure we understood the reasoning for the answer, particularly if we got it wrong, or if we got it right but only because we guessed the correct letter. Attention to detail counts here. Read each word in the question and answer. Then we'd take lunch.
After the MC questions, we would start on the essays (should be the yellow book). Again, we'd read a question, come up with an answer, explain the rule of law, and support our position. For these, we usually were pretty close with our answers, but our reasoning might differ slightly, except in the situations where we simply had no idea about the topic of the question (this will happen - make sure you make note of it and keep going - don't get bogged down). We would do this for 3-5 hours, usually getting through 3-6 essays (don't worry about speed, which will come, worry about getting the rules down). Then it was time for coffee and coca-cola breaks.
Then, depending on our energy level, we would consider going over the Procedure and Evidence questions - you want to do these a couple times, just to make sure you're comfortable with the questions - there's a limited number of questions that they can ask, so you should have little trouble getting these in your head.
One of the things that we had to do was keep something around to occupy ourselves - we had toy swords and a Nerf ball that we would bat around, and a yardstick we would balance from time to time. I find that I need to keep active while I'm studying, it helps me focus. This is certainly not for everyone and if you are studying with anyone, make sure that your study partner is of similar activity requirement.
Finally, keep your sense of humor, don't get discouraged - you know the information, you just need to practice getting it out. Like I said before - the exam is there to challenge you, not to try to fail you. If you ever need any bad jokes to ease the stress, I may know one or two.
Friday, July 27, 2007
Invitation to July 2007 bar examinees
I know a bunch of you are going to find your way to this blog via google or whatever. I wonder, what did you think about the bar exam? Did you find it overdifficult? Did it seem easy? Somewhere in between? What were you thinking during the various sections? Did you cram during lunch?
I enjoy hearing what other people think. I look forward to hearing from all of you.
I enjoy hearing what other people think. I look forward to hearing from all of you.
Thursday, July 26, 2007
Bar Exam
The Binjo Ditch has completed the July 2007 Texas Bar Exam.
I'd like to say I kicked the Bar's tail, but that's not entirely the case. There were parts of the exam where I felt very comfortable with the answers I was giving. However, there were parts where I'd read a fact pattern several times and still not have any of the words stick in my head.
The analogy of the bar with a marathon seems to be quite appropriate. After about 30 minutes on the multistate, you stop worrying about what the rule of law says, and instead look to see which answer seems most plausible. On many of the questions, you look at the answer choices and say "none of those are the right answer," and you're right. Then there are questions so obvious you look at it and think you must have gotten it wrong because it couldn't be that easy. Finally, there are questions that you look at and say "choice A is so obviously wrong. It doesn't even belong in the answer choices. Why is it there? Is this a trick question? Is that really the right answer? (expletive deleted)!"
The essay was not much different. I got done answering the morning session, looked at my first essay answer, couldn't figure out what the topic was, decided I had the best answer I could think of, finished up, then in the afternoon had two questions on the topic that I thought I'd answered with my first essay in the morning. That's not a good feeling.
Fortunately, you can miss an entire essay and still get enough points to pass the bar. Additionally, I didn't feel like I lost it. I did my best; I prepared the best I could, and that's about it. I think I did ok; but we won't know until November.
Anticipation...
I'd like to say I kicked the Bar's tail, but that's not entirely the case. There were parts of the exam where I felt very comfortable with the answers I was giving. However, there were parts where I'd read a fact pattern several times and still not have any of the words stick in my head.
The analogy of the bar with a marathon seems to be quite appropriate. After about 30 minutes on the multistate, you stop worrying about what the rule of law says, and instead look to see which answer seems most plausible. On many of the questions, you look at the answer choices and say "none of those are the right answer," and you're right. Then there are questions so obvious you look at it and think you must have gotten it wrong because it couldn't be that easy. Finally, there are questions that you look at and say "choice A is so obviously wrong. It doesn't even belong in the answer choices. Why is it there? Is this a trick question? Is that really the right answer? (expletive deleted)!"
The essay was not much different. I got done answering the morning session, looked at my first essay answer, couldn't figure out what the topic was, decided I had the best answer I could think of, finished up, then in the afternoon had two questions on the topic that I thought I'd answered with my first essay in the morning. That's not a good feeling.
Fortunately, you can miss an entire essay and still get enough points to pass the bar. Additionally, I didn't feel like I lost it. I did my best; I prepared the best I could, and that's about it. I think I did ok; but we won't know until November.
Anticipation...
Friday, July 20, 2007
Friday Night Lights
But not the football kind.
We're going late again tonight, to make sure that we are OK as far as this stuff goes. We're going to go over Criminal Procedure tonight, I believe (though it might be civil - I have to check the books again).
We have four days until the bar. I think everyone in the family is looking forward to coming out of this tunnel, though it would be nice to have something other than just light at the end of it. But we'll worry about that after next Thursday.
Wish us luck - we're almost there!
We're going late again tonight, to make sure that we are OK as far as this stuff goes. We're going to go over Criminal Procedure tonight, I believe (though it might be civil - I have to check the books again).
We have four days until the bar. I think everyone in the family is looking forward to coming out of this tunnel, though it would be nice to have something other than just light at the end of it. But we'll worry about that after next Thursday.
Wish us luck - we're almost there!
Saturday, July 14, 2007
Not Insomnia, Yet
It's Saturday night.
I spent the morning trying to learn Texas Real Property, which, to paraphrase my Evidence professor, is like trying to nail Jell-O to the wall.
Then I take the kids to the Y with the wife after the Apple takes a nap. We get done there, buy some dinner (Chinese at Empress Chinese on Long Point - try it, good stuff, good price), get home and eat with the family, all the while trying to not yell at my children because - and follow me closely here - they were acting like children.
After dinner, I had parenting I could have done. I had laundry I could have done. I had dishes I could have done. Most importantly, I had studying I SHOULD have done. Did I do any of that? No. I went to my room, turned on Scrubs, and proceeded to watch the rest of Season 3 on DVD. The whole time I was watching it, I knew I should be getting up, but I couldn't.
I froze.
I didn't leave the room until about 20 minutes ago to see if the Tooth Fairy had left a Susan B. Anthony dollar for the Princess, who lost her first tooth today, and to get myself some water.
I'm rather upset with myself right now. I can justify absentee parenting when I'm studying, and I can justify not studying when I'm parenting. But I did neither. I sat in a bed, in a room, while my wife took care of everything else. She doesn't deserve that. I need to make use of the time she's giving me to study, so that I can get my 675. Scrubs won't help that.
The funny thing is, I couldn't even really enjoy the show, because I knew I was wasting time, and that was 4 hours of studying I'm not going to get back. I promised myself yesterday I was going to take it light today, but I should have done more than just 4 hours of Real Property essays.
But, it's too late to undo that now. Tomorrow, back to the grind; estates and guardianships, Con Law, and Crim Pro, and Texas Civil Procedure. Wish us luck.
I spent the morning trying to learn Texas Real Property, which, to paraphrase my Evidence professor, is like trying to nail Jell-O to the wall.
Then I take the kids to the Y with the wife after the Apple takes a nap. We get done there, buy some dinner (Chinese at Empress Chinese on Long Point - try it, good stuff, good price), get home and eat with the family, all the while trying to not yell at my children because - and follow me closely here - they were acting like children.
After dinner, I had parenting I could have done. I had laundry I could have done. I had dishes I could have done. Most importantly, I had studying I SHOULD have done. Did I do any of that? No. I went to my room, turned on Scrubs, and proceeded to watch the rest of Season 3 on DVD. The whole time I was watching it, I knew I should be getting up, but I couldn't.
I froze.
I didn't leave the room until about 20 minutes ago to see if the Tooth Fairy had left a Susan B. Anthony dollar for the Princess, who lost her first tooth today, and to get myself some water.
I'm rather upset with myself right now. I can justify absentee parenting when I'm studying, and I can justify not studying when I'm parenting. But I did neither. I sat in a bed, in a room, while my wife took care of everything else. She doesn't deserve that. I need to make use of the time she's giving me to study, so that I can get my 675. Scrubs won't help that.
The funny thing is, I couldn't even really enjoy the show, because I knew I was wasting time, and that was 4 hours of studying I'm not going to get back. I promised myself yesterday I was going to take it light today, but I should have done more than just 4 hours of Real Property essays.
But, it's too late to undo that now. Tomorrow, back to the grind; estates and guardianships, Con Law, and Crim Pro, and Texas Civil Procedure. Wish us luck.
Friday, July 13, 2007
Insomnia
It's after midnight. I started the day at 6, getting up with my wife, getting the kids dressed, in their swimming suits, teeth brushed, hair combed, and out the door to daycare. Then I came back home, kissed my wife goodbye, hopped in the shower, got myself clean and shaved, complete with razor burn, dressed and out the door.
Got to school at 9. Did 40 questions - 20 Tort, 20 Contracts - we got 33 out of 40 right, though I missed about 3 more because they were questions my study partner knew that I didn't. Then we ate lunch and my study partner, Aaron, another friend, Debra, and I started up on Business Associations. I know jack about Corporations, other than you have to give 3 days notice for an organizational meeting after you form the corporation by filing with the Secretary of State. I know a bit more about agency and partnership; I just hope it's enough for the Bar. After 4 hours of studying that, we took a break so Aaron and Debra could have some Starbuck's, while I sort of stared into space for a bit, to let the previous several hours of essays and outlining soak in. Then it was back to school, where Aaron and I got to study Texas Criminal Procedure and Evidence by going over last Spring's MPT (Multistate Practice Exam). We finished up around 8, at which time I got back in my car and drove home, where the wife had gotten the children showered (they had splash day at daycare, so they really needed a bath), but none of them were in bed yet, because they have this thing where if one of them is still awake, then the other two must also still be awake, and they can't fall asleep until the other two are asleep. So I help the wife get the kids' teeth brushed and shuffle everyone off to bed.
Now I go downstairs to check my e-mail and just kind of enjoy the silence (and eat dinner - bbq = good). The wife comes down with me, which I'm thankful for, because I needed some non-study company (anyone who has ever been married and studied for the bar knows what I mean). Then we went back upstairs to watch my birthday present (Scrubs, season 3). We watched a couple episodes then tried to go to sleep. A short time later, it's midnight and I'm still wide awake thinking about all the stuff I still have to learn to take the bar and what we need to go over tomorrow and then what we're going to cover on Sunday when we do a full day again instead of the abbreviated day we're going to take tomorrow.
It's not that I don't think I can do this; in fact it's the opposite - I know I can do it if I just work a little harder. It's just a question of getting myself to focus enough to do that little bit harder. It also means that I have to ask my family to be that little bit more patient with this for that little bit longer, which makes it more difficult on everyone involved. Then I top everything off by being up at midnight thinking about all the things I have to worry about and the thing my wife worries about and the things that worry and stress my children and, well, you get the idea.
I've never encountered anything as mentally taxing as the Bar. But I've never felt like I was more ready to do what it takes to ensure that I pass something as I am with the Bar.
I just need to find a way to control my stress and my temper and focus on getting the knowledge down. And getting myself some sleep.
Got to school at 9. Did 40 questions - 20 Tort, 20 Contracts - we got 33 out of 40 right, though I missed about 3 more because they were questions my study partner knew that I didn't. Then we ate lunch and my study partner, Aaron, another friend, Debra, and I started up on Business Associations. I know jack about Corporations, other than you have to give 3 days notice for an organizational meeting after you form the corporation by filing with the Secretary of State. I know a bit more about agency and partnership; I just hope it's enough for the Bar. After 4 hours of studying that, we took a break so Aaron and Debra could have some Starbuck's, while I sort of stared into space for a bit, to let the previous several hours of essays and outlining soak in. Then it was back to school, where Aaron and I got to study Texas Criminal Procedure and Evidence by going over last Spring's MPT (Multistate Practice Exam). We finished up around 8, at which time I got back in my car and drove home, where the wife had gotten the children showered (they had splash day at daycare, so they really needed a bath), but none of them were in bed yet, because they have this thing where if one of them is still awake, then the other two must also still be awake, and they can't fall asleep until the other two are asleep. So I help the wife get the kids' teeth brushed and shuffle everyone off to bed.
Now I go downstairs to check my e-mail and just kind of enjoy the silence (and eat dinner - bbq = good). The wife comes down with me, which I'm thankful for, because I needed some non-study company (anyone who has ever been married and studied for the bar knows what I mean). Then we went back upstairs to watch my birthday present (Scrubs, season 3). We watched a couple episodes then tried to go to sleep. A short time later, it's midnight and I'm still wide awake thinking about all the stuff I still have to learn to take the bar and what we need to go over tomorrow and then what we're going to cover on Sunday when we do a full day again instead of the abbreviated day we're going to take tomorrow.
It's not that I don't think I can do this; in fact it's the opposite - I know I can do it if I just work a little harder. It's just a question of getting myself to focus enough to do that little bit harder. It also means that I have to ask my family to be that little bit more patient with this for that little bit longer, which makes it more difficult on everyone involved. Then I top everything off by being up at midnight thinking about all the things I have to worry about and the thing my wife worries about and the things that worry and stress my children and, well, you get the idea.
I've never encountered anything as mentally taxing as the Bar. But I've never felt like I was more ready to do what it takes to ensure that I pass something as I am with the Bar.
I just need to find a way to control my stress and my temper and focus on getting the knowledge down. And getting myself some sleep.
Monday, July 09, 2007
Stress
I'm starting to stress a little. We did the PMBR simulated MBE today, and I got 100 right. When I took the BarBri simulated MBE 2 weeks ago, I got 101 - I'm going backwards when I should be improving.
Perhaps the exam was more difficult, but still, I think I should be doing better considering the amount of review I've done...
I'm stressed again.
Perhaps the exam was more difficult, but still, I think I should be doing better considering the amount of review I've done...
I'm stressed again.
Saturday, July 07, 2007
Bar Reviewing, Part III
We are doing Torts questions today. After one of the answers, the explanation for why that was the right answer and the others were wrong came up on the screen. One of the wrong answers mentioned Palsgraf. I remember reading Palsgraf in law school, but I didn't remember the case at all. Go figure - I forgot a case I read 3 years ago.
BTW, Palsgraf deals with the limits of negligence. But I'm studying so I won't go into any more detail.
BTW, Palsgraf deals with the limits of negligence. But I'm studying so I won't go into any more detail.
Saturday Morning
I woke up to The Boy's alarm at 6. He set the snooze, twice, so I got to hear the alarm three times total. Yay.
The princess came in to show us that she got all dressed and ready and aren't we proud of her? Of course, but we'd be even more proud if she did this on school days vice Saturday.
The Apple comes in next telling me I need to get up (to which the wife laughs quietly). He needs to "munch some popcorn! Come on, daddy!" He then proceeds to grab me a shirt and shorts so I can go downstairs with him.
I get downstairs, make breakfast for the apple while the other two kids are taking turns on the DS. It's almost seven now. If it were a weekday, we'd be on schedule for daycare departure, which for whatever reason is a struggle to do on weekdays.
Then I had to clean up the cat poo on the landing, and change the litter box. So much fun. Next were the dishes, which I washed with much aplomb, including the coffee pot, so that I could make coffee for my dear spouse who slept in. She deserves it, inasmuch as I'm going to be studying for the bar yet again.
Bar study is not as much fun as it sounds. I'll go over the test after the exam.
Time to get back to work.
The princess came in to show us that she got all dressed and ready and aren't we proud of her? Of course, but we'd be even more proud if she did this on school days vice Saturday.
The Apple comes in next telling me I need to get up (to which the wife laughs quietly). He needs to "munch some popcorn! Come on, daddy!" He then proceeds to grab me a shirt and shorts so I can go downstairs with him.
I get downstairs, make breakfast for the apple while the other two kids are taking turns on the DS. It's almost seven now. If it were a weekday, we'd be on schedule for daycare departure, which for whatever reason is a struggle to do on weekdays.
Then I had to clean up the cat poo on the landing, and change the litter box. So much fun. Next were the dishes, which I washed with much aplomb, including the coffee pot, so that I could make coffee for my dear spouse who slept in. She deserves it, inasmuch as I'm going to be studying for the bar yet again.
Bar study is not as much fun as it sounds. I'll go over the test after the exam.
Time to get back to work.
Thursday, July 05, 2007
Bar Reviewing, Part II
I'm frustrated.
We went through some K questions earlier - We hit about 60%, but I think we learned a bit from what we missed.
Then we started going over Secured Transactions and Commercial Paper and UCC.
I got the Secured Transactions questions right, did OK on the UCC, but completely missed the answers for commercial paper, which is the class I actually took. I cannot for the life of me remember covering indorser's ks at all. I did do all right with the presentment warranty, though I struggled with the articulation (I hope that will come with practice).
One day half done. 19 to go.
We went through some K questions earlier - We hit about 60%, but I think we learned a bit from what we missed.
Then we started going over Secured Transactions and Commercial Paper and UCC.
I got the Secured Transactions questions right, did OK on the UCC, but completely missed the answers for commercial paper, which is the class I actually took. I cannot for the life of me remember covering indorser's ks at all. I did do all right with the presentment warranty, though I struggled with the articulation (I hope that will come with practice).
One day half done. 19 to go.
Tuesday, June 26, 2007
An idea
One of the problems I see in law is the number of people who graduate from law school, pass the bar, and then hang out a shingle, while really not knowing much about the actual practice of law. I'm sure I'm not the first person to have such concerns, but I have this blog, so I can write about it here from my perspective.
I do not want to go into sole practitionership, at least, not now. I want to get a job with a law firm - a job where I can learn what it's like to actually lawyer - to have to meet deadlines, to write, to brief, to argue, what motions need to be filed when, which clients to accept and which to reject, etc. Then, after I've gotten some experience doing that, I would like to maybe look into starting my own firm - take my knowledge, and go into business myself.
Part of me thinks that there is a way around this issue - the country is hurting for public defenders - attorneys for the indigent. These people often end up with poor representation, or no representation because the public defenders are painfully overworked. My solution? Pass a law in the state requiring that after passing the bar, baby lawyers are required to work in the public defender's office (or some other type of agency) where they will learn how to be a lawyer while getting paid - practical work doing what they've been training to do.
I don't see this as any different, really, than a residency requirement for doctors. Yes, the pay would stink, and yes, the hours would be bad, but it would alleviate a lot of the congestion for public defenders and the like, and provide invaluable experience from attorneys (there'd have to be some sort of supervision) on how to ply the trade - before moving on to private practice or big firms.
There are sure to be hundreds of reasons why this can't work, but I wonder - what do you think?
I do not want to go into sole practitionership, at least, not now. I want to get a job with a law firm - a job where I can learn what it's like to actually lawyer - to have to meet deadlines, to write, to brief, to argue, what motions need to be filed when, which clients to accept and which to reject, etc. Then, after I've gotten some experience doing that, I would like to maybe look into starting my own firm - take my knowledge, and go into business myself.
Part of me thinks that there is a way around this issue - the country is hurting for public defenders - attorneys for the indigent. These people often end up with poor representation, or no representation because the public defenders are painfully overworked. My solution? Pass a law in the state requiring that after passing the bar, baby lawyers are required to work in the public defender's office (or some other type of agency) where they will learn how to be a lawyer while getting paid - practical work doing what they've been training to do.
I don't see this as any different, really, than a residency requirement for doctors. Yes, the pay would stink, and yes, the hours would be bad, but it would alleviate a lot of the congestion for public defenders and the like, and provide invaluable experience from attorneys (there'd have to be some sort of supervision) on how to ply the trade - before moving on to private practice or big firms.
There are sure to be hundreds of reasons why this can't work, but I wonder - what do you think?
Sunday, June 24, 2007
I'm not reassured
I took the simulated MBE today. I got more than half right. I don't like that I missed as many as I did.
Time to get some rest; more studying tomorrow.
Time to get some rest; more studying tomorrow.
Thursday, June 21, 2007
Intentional Torts
To make a claim for Intentional Infliction of Emotional Distress, the following elements must be met:
The tortfeasor must have acted intentionally or recklessly
The act must have been extreme and outrageous
The act must have caused emotional distress
and that distress must be severe.
In order to prove causation, there generally must be some physical manifestation of the distress. An example could be the development of a tic. Another example, could be nausea.
Nausea is what occurred to a woman at the Austin, Minnesota police department who opened a box containing a man's traffic ticket and dog feces. The man pled guilty to misdemeanor misconduct, while the woman became ill, missed two days of work with nausea and a headache, and was hospitalized for two days.
Since the man pleaded guilty, under the Federal Rules, his plea would be admissible in any subsequent civil suit. Specific intent in this case would not be necessary, as it's an IIED claim. I don't know if she'd be able to sue in person, since she was acting in her capacity with the police department when she suffered any injury, but if she were, all this hypothetically should be accurate. If not, I'm really in trouble next month for the bar.
The tortfeasor must have acted intentionally or recklessly
The act must have been extreme and outrageous
The act must have caused emotional distress
and that distress must be severe.
In order to prove causation, there generally must be some physical manifestation of the distress. An example could be the development of a tic. Another example, could be nausea.
Nausea is what occurred to a woman at the Austin, Minnesota police department who opened a box containing a man's traffic ticket and dog feces. The man pled guilty to misdemeanor misconduct, while the woman became ill, missed two days of work with nausea and a headache, and was hospitalized for two days.
Since the man pleaded guilty, under the Federal Rules, his plea would be admissible in any subsequent civil suit. Specific intent in this case would not be necessary, as it's an IIED claim. I don't know if she'd be able to sue in person, since she was acting in her capacity with the police department when she suffered any injury, but if she were, all this hypothetically should be accurate. If not, I'm really in trouble next month for the bar.
Monday, June 18, 2007
It's fun to stay at the...
We joined the Y at the beginning of the month. I needed an outlet for my stress, and the kids can use the time away from home (and the swimming lessons).
I've actually been pretty good at getting a somewhat regular schedule down for going to the gym to exercise. I do 3o minutes of cardio on the elliptical machine, and have even bumped up the resistance a notch, so I'm getting better. Additionally, I try to do crunches each time I go in - I need the ab work, to be certain. And I have been working on upper body weights, arms and chest, as well as calves (I can max out the calf machine, so it makes me feel good).
I notice I feel better now than I did a couple weeks ago - not as lethargic, not (quite) as crochety. I've not lost any weight yet, from what I can tell on the Y's broken scale, but that's OK, if I'm getting in better physical shape - the weight will follow. As it is, I'll keep up with the exercise.
We also bought a couple tennis rackets this weekend. I've not played tennis in about 10 years, though I still know how to hold a racket and hit a ball. I like racquetball better, but tennis is a little more accessible, especially since the Y doesn't have a racquetball court where we live. Now I just have to find someone to play tennis with. The daughter is cute, watching her swing her little racket, but she's not able to serve and volley yet, and she gets intimidated returning serve. Five years old, and such a wimp. ;-)
All right, my break is done - back to studying. Woo. Hoo.
I've actually been pretty good at getting a somewhat regular schedule down for going to the gym to exercise. I do 3o minutes of cardio on the elliptical machine, and have even bumped up the resistance a notch, so I'm getting better. Additionally, I try to do crunches each time I go in - I need the ab work, to be certain. And I have been working on upper body weights, arms and chest, as well as calves (I can max out the calf machine, so it makes me feel good).
I notice I feel better now than I did a couple weeks ago - not as lethargic, not (quite) as crochety. I've not lost any weight yet, from what I can tell on the Y's broken scale, but that's OK, if I'm getting in better physical shape - the weight will follow. As it is, I'll keep up with the exercise.
We also bought a couple tennis rackets this weekend. I've not played tennis in about 10 years, though I still know how to hold a racket and hit a ball. I like racquetball better, but tennis is a little more accessible, especially since the Y doesn't have a racquetball court where we live. Now I just have to find someone to play tennis with. The daughter is cute, watching her swing her little racket, but she's not able to serve and volley yet, and she gets intimidated returning serve. Five years old, and such a wimp. ;-)
All right, my break is done - back to studying. Woo. Hoo.
Monday, April 02, 2007
Objection, Hearsay
Hearsay is: any out of court statement, made by a declarant (person), which is offered to prove the truth of the matter asserted.
Essentially, this means that the person made the statement to prove that the statement he is making is true.
Essentially, this means that the person made the statement to prove that the statement he is making is true.
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