Hitch Hiker's Guide to the Bar Exam (Part 2)

2. Putting in the hours

Carrying around a Barbri, Kaplan, or Themis book will not mean you absorb it.  I tried it and it didn’t work.  I actually had to open those books, listen to the lectures, fill-in-the-blanks and do the work.  When I first started I freaked out just like everyone else does.  It’s daunting standing at the bottom of a legal mountain and knowing I need all that information between my ears.  But as the old adage goes:  the journey of 1,000 miles begins with picking the right Pandora station... or something like that.

It’s inevitable, most people will freak out.  Embrace it and move on;  don’t dwell on it.  My study partner and I noticed fellow bar testers enjoying the downward spiral of self-deprecation.  It was refreshing having a study partner that never once said “I’m going to fail.”  Having a defeatist mentality may motivate some, but not me.  I stayed positive and realistic.  When I sucked on a MC test I would tell myself, well, at least you have a X weeks until the exam, better pull it together Dave.  While we would not ridicule others we would not associate with them either, to each his or her own way of coping with the stress.
Andy and I figured no matter which course you took, as long as you put in the hours and hours of practice and diligent study you will have enough law to get you through the test, barring any extreme test anxiety.  We’ll find out in May whether our hunch was good or not.

Having a set place is also important.  It creates a Pavlovian effect on your body; getting it into the zone for studying.  For me I would study at school.  While I preferred being at home being at home also had its drawbacks.  If my family was there and wanted to study I couldn't.  I would get called away or I would lack the motivation to study.  My wife told me not to stay at home and find a place to study or she would take the kids and go to my family’s or her family’s place.  When they didn’t leave the local library served well for a bit but it would close too early.  Starbucks was okay but not very comfortable.  This is why I studied at the school.  I found I could be “alone” and focus in on what I needed to do, salivating tongue and all.

A friend of mine, Athos didn’t pass the bar the first time around.  The night before the exam I asked him if he felt better this time around rather.  Athos told me he realized that the first time when he thought he was studying, he was really preparing to study.  I asked him for details and he told me he would spend days making multiple page outlines; paying specific attention to detail in the format and the structure of the outline rather than the law itself.  He told me he only did this for four areas of law rather than canvasing all the areas.  The night before the essays he stayed up all night cramming for it.  

This time around he made sure he worked out.  He did yoga at least three times a week and practiced the law more than preparing for it.  He made better use of his study time rather than preparing to study.  After each day, he told me he felt much better than he did the last time he took it, cautiously confident, if you will.

-  To work or not to work?

I, like thousands of others, had a family to provide for and had to put in the hours required for me to feel adequately prepared for this test.  I was told that I would need to take at least two weeks of leave before the bar (add in one more week for the bar itself).  I didn’t have enough leave to do this so I worked out a deal with my bosses.  Two weeks before, I worked half-days then took a week off before the exam.  Before the two weeks I would pull my normal 9-5 then head over to the school (great to have access to study rooms) and study until around 8-9ish.  These made for REALLY long days.  I would also try to squeeze in part of the lecture while at work, when I could.  The more I could do either the night before to while at work would mean I was free to study MC questions or focus my attention on honing particular areas of law.  Working also meant I would use the weekends to study.

A word of warning though, anything in excess can be harmful.  About three weeks before the bar my body hit the wall.  I started feeling sick on a Thursday.  I thought it was a stomach bug but since my family was unaffected by it we figured it was exhaustion and stress mixed with eating poorly (living off Venti coffees from Starbucks). Long story short, I was laid up for three days and could not bring myself to study.  I would try but my brain was all fuzzy and I could not concentrate for more than 10-15 minutes.  I gave it up and did my best to catch up on my sleep.  By that Sunday, I was feeling MUCH better and my brain felt refreshed.

Besides the physical strain, the long hours of work time away from the family took its toll on my family.  My wife and son had behavioral changes.  My son acted up more in class and my wife withdrew.  She’s a Navy wife and had to readjust to me being “deployed.”  I understood what she was going through and I did what I could to reassure her.  She, being understanding took advantage of the time I was at home.  Additionally, I would purposefully NOT study and spend quality time with my family, at least a few hours.  I would do this because while the bar is important, it’s just a test, my wife, son, and daughter meant more than those extra hours.  No matter what the results in May, I would still ensure I make time to spend with my family.  

For those of you with families, no matter what you tell them and no matter how you explain it, they will not understand the pressure you feel.  Nor will you appreciate the emptiness they feel when you’re not around.  The only advice I have to give on this matter is give them a few hours when you can.  Take in a movie, enjoy a night out, or just hang out and play at home. The last thing you need to worry about is divorce while studying for this test.  

- Taking Breaks

In Navy training courses, it is mandated that for every 50 minutes of instruction we are given a 10 minute break.  With this mentality in mind I would work in breaks into my study schedule.  After knocking out 33 questions I would take a constitutional around the school and chat with former classmates and answer the inevitable “Didn’t you graduate?” and “What are you doing here?”  I could tell the more the bar got to me the “wittier” my responses to said questions would be.  Sorry if I snapped at any of you o.O.

After I hit the wall I made sure to schedule in breaks.  Andy and I would take lunches and did not discuss the law.  We would invite our cohorts but were often met with, thanks but we have to study.  I’m happy for our breaks.  I felt more refreshed and able to work later.  Two nights in a row, after have a especially good dinner (Piranha Killer Sushi and Ruth Chris, respectively) I had the energy to work until we were kicked out at midnight.  There may be something in getting a REALLY good meal in you while studying and not skimping on the vittles.

For me I begin to lose interest after about 15 minutes of studying and by studying I mean  listening to lecture or reading the law.  I would be more focused when practicing essay, P/E and MC questions under timed conditions. After knocking out the required time (90 min or three hours in some cases) I would reward myself with a well deserved break and a trip to the book store for something sweet to eat.  Also in the event I would get tired while practicing I would knock out 40-50 push-up to get the blood flowing.  Once the blood started flowing I was revitalized with my body’s natural energy boosts.  I’m glad I was studying with a cop because he understood the benefits of a quick workout to get the blood flowing.

This brings me to my next topic, lone wolf or part of the pack?

- Lone wolf or Study groups?
For those of you that don’t know me, to say I am a social butterfly is an understatement, however, because I am so sociable, large study groups do not work for me.  I preferred to study “alone”.  I would watch my lectures on my computer and do multiple choice questions or essays or P&E.  Rarely would you see me without my headphones on listening to Pandora.  A quick word on Pandora:  paying the $30 for the commercial free access was well worth it. Nothing screwed up my flow like an annoying commercial for trash bags or whatever the promotion was peddling.  As I would study I would listen to wordless music.  Because the music repeats so often, on my particular channel I would associate particular areas of law with music.  When I was taking the test I would hear the phantom melodies in my mind as I came across those areas of law.  The music playing in my mind helped me relax during the exam, but I digress.
I had friends all studying together in the room next to me.  When I had a question I would run it by them.  Fortunately, my study partner and I had a mutual understanding.  We both liked studying independently but would chat during our breaks and discuss areas of law that we had trouble with and hit up our professors for extra help.  We would talk about what cops and sailors normally talk about: the price of tea in China.  Anything other than the law.  We would vent about work and future prospects and what we would do when we were free of the bar.  We would take constitutionals around the school and chat with our former classmates then head back into our cave for more grueling hours of study.  

The group next to us worked well together, they would discuss issues and work through problems together.  We’re all in the same boat and do what works best for us all.  My friend Lori locked herself away in her place with her dogs.  I would call periodically to see how she was doing.  I would hear her on the other end and imagine Howard Hughes.  Chatting with her reminded me the we humans are social creatures and though we may enjoy being alone, we need interaction to survive.  I would vent to her and she to me just as I would with Andy.  

To recap:  Having the tools of the trade alone will not get you a 675.  You have to put in the hours and use the method that works best for you.  Draw on what worked during law school exams and expand on that.  Focus on learning the law and not just preparing to learn the law.  And above all remember:  You cannot learn EVERYTHING for the bar, best you can do is know enough to make S-W-A-G.

Hitch-Hiker's Guide to the Bar Exam (Part 1)

Hitch-hiker's Guide to the Bar Exam

To: Bar examinees and those that are bar-curious.  

Forward
These are my lessons learned from the Bar Exam.  At this point I still don’t know if I even passed the exam but I felt pretty comfortable in taking it.  I finished each section with time to spare and had a clear understanding of every section I took.  These musings are what I used to study, what I wished I knew, shoutouts, methods that worked, what I didn’t think worked well, and general information for getting through this time.  Take what you will from it and know that my method may not work for you.
Moreover, I would like to thank Camille, Aiden, and Lili-bug for being understanding and letting me alienate you guys for the two-plus months I had to put in to study, let’s pray it was worth it.  I would also like to thank Everett for all your personal time you spent teaching me how to answer multiple choice questions and especially corner office to study in; Donnie for keeping me accountable; and Andy for keeping it real and keeping me from going mad from studying alone.  
Good Luck, Have Fun, God Bless!
- Dave Olivas, JD.

Don’t Panic1

1.  Pretest

The bar exam was one of the best experiences of my life.  When I say this I do not mean it was pleasurable, quite the opposite.  The three days were grueling and intellectually draining, but the feeling of accomplishment of surviving it and knowing I did the best I could do with the preparation I had.  The only way I could describe this is a marathon runner doing her thing.  While it sucks during the run the feeling of accomplishment at the end is incredible.  

- What the bar consist of
        The Texas Bar Exam consists of three day mental “jumping-in” process that will test the mettle of all candidates.  As this is a state licensing exam the threshold is set lower than law school exams; 675 out of 1000.  The low threshold does not mean the test is a cakewalk by any means.  Instead, it is a challenge that, if you prepare properly, you will survive.
The test is three days long usually the final week of February or July.  Day One has the Multistate Performance Test (MPT), and Procedure and Evidence (P&E) tests and counts for 20% of the entire exam.  Day Two is the dreaded MBE (Multistate Bar Exam), 100 multiple choice questions in the morning and 100 in the afternoon.  Day Three is six essays in the morning and six in the afternoon.

 

Day One

      The MPT is can-you-perform-as-a-lawyer? exam.  This is the only part of the exam that you cannot really study for.  BUT, do not neglect PREPARING for it.  In 90 minutes you take all the facts and laws they give you and create what they ask you to compete.

      The P&E is as close as you can get to an Undergrad exam.  Rote memorization and practice, practice, practice will allow you to finish the 20 short answer questions for both Texas civil and criminal procedure and evidence rules.  This test will bring you from the beginning of a case through the pre-trial, jury selection, trial and post trial.  The short answers are required to be handwritten on five lines after the questions.

     

Day Two

      What else is there to say?  You will have three hours to answer 100 multiple choice questions in the morning and three more hours to answer 100 more after lunch.  The questions range from six areas of law, Contracts, Constitutional Law, Evidence, Criminal procedure/Criminal Law, Torts, and Property. The area of law here is multistate so you will be asked about the majority rule and the common law.  The following day will focus on Texas Law.

Day Three

      Twelve essays and six testing hours separate you from freedom; six essays in the morning and six in the afternoon. Here you will see:

·         two wills essays,
·         two family law (including community property),
·         two property (to include Oil/Gas),
·         two Business Administration (Corporations, Partnerships),
·         two UCC; Commercial Paper (UCC 3) and Secured Transactions (UCC 9),
·         Consumer Law, and
·         Either Guardianship or Trust

The three hours for six essays in each session.

Remember this test is a minimum competency exam, you’re not expected to know EVERYTHING.  Once you master that concept the bar will seem slightly less daunting.

Studying comes in two phases:  Learning the law and Practice and memorizing.  

Learning the law.

Here is when I would sit through the lectures. took notes and started outlining the subjects into ONE PAGE outlines that I could quickly refer to when I was practicing essays.  I would also use this time to focus on small pocket areas of law.  For instance instead of studying Torts I would study only strict liability. then move to some other pocket area in Torts.  My way of learning may not work for everyone.

The Practice/memorize part comes closer to the test date, figure around two weeks out.  At this point my one page outlines were done and I was practicing essays.  Usually, two-four of my weak areas and two different strength areas (for confidence boost).  

The Texas Bar Exam is not an easy feat.  It will beat your brain into submission and God help the person who takes this test cold.  Approximately 75% of first time takers pass the exam.  I’d be willing to bet, dollars to donuts, that  their preparation has helped them reach the 675 passing score.  

-  Choosing a test prep

Commercial Bar Prep is essential to passing the bar, in my humble opinion.  After I graduated from school my uncle, a Texas lawyer, showed me a string of emails to see how I would approach the issues he was working on.  I told him:  “Uncle Carlos, I just graduated law school.  You know I don’t know shit about the law!”  He chuckled and said, “you have a point, it’s not until after you’re done with the bar will you have the knowledge.”
I am not a proponent for any commercial bar prep over the other.  Each has success and each will give you the tools to pass the bar.  The tools may differ but it’s using these tools that will prepare you.  A hammer is useless unless you pick it up and strike a nail.  Your mountain of books will arrive and you will be instantly intimidated at the sheer knowledge of law you’re expected to comprehend.  As my buddy Andy would put it:  “we’re expected to know an ocean of law, fortunately it’s only an inch deep.”
The bottom line here, pick one that you can afford and follow what they suggest.  Don’t get bogged down in the minutia and don’t fight their answers.  Pick up a few pointers and move on.  
    -  Sticking to the schedule

The journey of 1,000 miles begins with the first step.  These commercial bar prep businesses have helped thousands of people in the same position you’re in now.  They know the ins and outs better than I can explain.  Follow their schedule but remember they don’t know your own strengths and weaknesses.  Play to your bolster your strengths and become knowledgeable in your weaknesses.

    -  Making it your own

In making it your own, you will apply more effort to your weaknesses and while avoiding neglect to your strengths.  You will always find something new to learn up to the point you enter the convention center and the proctor says “Good luck, you may begin.”  

These commercial guys know how to organize their information, but do not limit yourself to what they suggest; use it as a base and build off of it.  I practiced P&E questions and tried to do an MPT here and there.  I found this practice paid off just for the peace I had while taking these tests.  The bar prep you get will have all the areas and may have you practice one section for two or three days.  I had contracts for three days and family law for two.  I used that time to learn UCC 9 and Consumer Law, classes that I didn’t take in school.  

Fortunately, my test prep had proficiency tests at the end of the lecture.  I would take that and focus in on the weak areas, then spend time working on my weak areas of law.  To do this I would focus on the pocket areas as I mentioned before.  My bar prep suggested 10 MC questions in that particular area and I would do about 15-20 untimed and would read EVERY answer explanation.  The explanations taught me more than the lectures did.  I could see HOW the law worked and WHY it was applied in that situation.  I would begin to recognize situation and predict what the answer was, then because of a small change in the fact pattern, an exception would trigger.  Every wrong answer I would get I took as an opportunity to learn.  It was still discouraging to get lower scores but better to get the crap scores now than on Day Two.  As long as I would pick up a nugget here and there I was amazed how much I retained when reading hypos and seeing the issues CLEARLY.  

When approaching the weaknesses it gets easy to say “I’m going to punt on UCC 9 because I didn’t take it in law school.”  My mentor Donnie verbally chastised me into learning enough law to discuss all the areas of the exam with some degree of proficiency.  In other words, I had enough to “bullshit in a bluebook” and actually know what I’m talking about.  I found that after a few weeks of practice I would understand what the test makers were looking for in their exams and if asked I could discuss certain areas with proficiency.  While I would not get 100% on that essay, I would a hellovalot better than the guy who skips it.

Mentors.  I work best if I am accountable to someone.  I knew shortly after I began that being accountable to myself would not cut it and after talking with my friend Lori Ann, she told me about additional work she had to do for her mentor.  “Mentor?” I asked her. “How do you get one of those?”  Fortunately, she gave me the know how and I asked the academic support director Everett for help and he appointed me one of his mentors, a recent bar taker.  If you don’t have one, get one if you can.  I had Donnie.  His intensity and fervor kept me honest and my devotion to duty kept me accountable to him.  I wanted to skip a few areas but at his insistence and efforts UCC 9 became a strength; one more exam I did not have to worry about.  I wanted a mentor just so I could have someone to hold me accountable.  It’s pretty easy to get lackadaisical and set yourself up for inadequacy, or be overly harsh and push yourself into a nervous breakdown.  Donnie set high-yet-tangible goals for me to reach each week.

He pushed me to learn the tiny minutia of the law with a high level of detail.  While I knew this would OVER prepare me, I would much rather have gone into the bar exam with 5 bullets instead of 4.  For the essay portion of the bar I felt completely at ease. I spotted the issues I felt the testers where looking for and on areas that I was weak I wrote  “an argument with a straight face” type of essays.  This is where I really didn’t know the area of law they were looking for but I discussed the areas I knew and tied them in somehow.  Long story short, got through all the essays and hit up every point I could in the allotted time provided.  I could not have entered taken this test with ice water in my veins if I hadn’t had people behind me, like Donnie and Everett, pushing me forward.  Additionally, I would not have felt, as my buddy Andy coined “cautiously confident” about the test without putting in the long hours required to learn the ocean of law (an inch deep).

 

1. Douglas Adams Hitch Hiker's Guide to the Galaxy   

New material coming soon

Between the finishing my final semester, graduation from Law school and preparing for the bar, I have neglected this little project.  BUT fear not!  I have some new material in the works that you all should enjoy!

Till then!

GL HF

Dave

The Whirlwind Subsides

In the time between this blog and the last (august 11) many changes have taken effect.  First and foremost I became a dad again, this time to my own little girl.

On September 7, 2011 at 1433 Liliana Elise Olivas came into this world.  Whether the experience I've gained in raising my son made my outlook different or not, I didn't feel frightened by having her in my life or what my life would be like when she came around.
I looked upon my family and though, OK, I think I'm done having kids.  Not for any selfish reason but because my family life feels complete.  I have a boy, a girl, wife, two dogs and a frog, what else could a man want for? Good looking out God :).

Besides the home life, school is almost over, though not over enough.  I really lack the ganas to read for class but do so out of fear, (getting called on and not prepared isn't one of those things you forget once it happens to you in law school).  The only class I find interesting is Preparing for the Bar.  It seems very realistic (rather than theoretical) and I can use the principles our professor shows us in a practical way come Feb 28th.

Back into the Breach

It's really been a month since I've written?!? 
I hope you all (all four of you) will mind the irony of writing to complain that I don't feel like writing. 
Being forced to write (papers for class that should not require papers) kind of turns me off to writing for fun.  The stress of having a deadline for an informative paper for a pass/fail class seems silly to be but, I do what is asked. 
I begin thinking about being forced to write when I'm a lawyer.  I hope I will have the motivation to write (seeing as it will be my JOB) and not be beaten down by it as I am now.  On the other hand academic papers are not exacly legal briefs. 

Next Monday marks the beginning of the end of my Law School adventures.  after 16 short weeks I will have my JD and plundge head first into bar prep.  While I will miss actually going to the school, it is not the classes that I will miss, instead, I wil miss my friends and organizations I'm involved in.  The social aspect of school has always appealed to me, not so much the classes, as my grades show.

Besides the school, and work, it's HOT outside.  DAMN HOT!  100+ heat for about a month.  Keep cool and stay thirsty :)

D

Full Frontal Nudity

And the beat goes on... and the beat goes on.  This coming Tuesday I will take the Marital Property Exam.  Thank God I took it pass/fail.  It promises to be challenging and, luckily we will have notes, books and whatnot to rely on.  The ability to use our notes will make the curve more shallow and as long as I don't COMPLETELY miss the target I should get my P and be done with it. 

Besides summer exams, summer school is just about done.  I have one ADR class remaining (week long sit in the cold room and have a negotiation competition for three credit hours) then I will have three glorious weeks of summer to play with my son, wife and zergling.  And by play I mean get our house ready for the arrival of Liliana. 

Now that you have been updated on my life, here is what you're really here for:  ( o Y o )

A few nights ago I had a "Momento-esque" dream.  Funny thing was I didn't realize I was dreaming until I woke up. 

1.
I see a light from behind my closed eyelids.  What is that? I think to myself and begin to open my eyes.  I am temporarily blinded by the sun streaming in through the window and wonder whose bed I'm in and more importantly where in the hell I am? 
What happened last night? I ask my inner voice as I swing my legs to the side of the bed.  My pajama pants clinging with static to my legs as I step onto the wood floor.  My eyesight is returning and I can see the room I've landed.  To call it nice would do it a gross injustice.  The king-sized four-poster bed is one of three articles of furniture in this glorious room.  Sheer white curtains surround the bed on all sides.  The linens  too are white and smell of lavender.  How did I get here? 
I push the curtain aside and move about room.  A dresser and desk are the only other furniture pieces in the room.  No TV, No Phone, No lights, (like Robinson Carusoe it's primitive as can be, I sing to myself).  I see a continental breakfast waiting for me on the desk.  The water glass is sweating.  I move to it and drink it down in one gulp.  I didn't realize how famished I was until I begin eating the breakfast without regard for who put it there or whether it was poisoned or not.  It didn't taste poisoned and I couldn't imagine a more tranquil place do die.
I sit at the desk and kick back.  I closed my eyes and the darkness that envelops caused a flash.  I see people but it's like looking through think fog.  A man in a white shirt.  A lady in a yellow dress.  Were they dancing?  A knock at the door startles me back reality.
The visitor knocks again and I move toward the door.  I look through the peephole and see a man in a polyester white jacket with black piping, a steward.  He must be here for the dishes. 
I let him in and he moves sliently to the desk, picks up the tray and starts to head out. 
"Um, Excuse me" I say to him and he looks at me quizically.  "where am I?"  he smiles, it's what I was afraid of.  "English?"  I ask with my hands up hopefully.  He smiles again, his teeth reflect years of smoking and the absence of a toothbrush.  He points to his chest.  I see the crest of the hotel I've landed in and notice the name: Serenity. Usually the name of the location you're staying at is below, but curiously enough, this does not. 
He gestures past me and continues about his duties.  I watch him walk down the hall and head back to my into my room. 
...

My Underutilized iPhone Camera

While I love using my Nikon (D80 or D90) I often times overlook the incredible resolution and crispness I get from my iPhone 4's camera.

Contemplating evolution (SO3 Ranch)

I'm one of those "wired in" kinda guys that will not leave his house without my phone.  This past weekend I didn't feel like lugging around my D80 while going out w/ my friends, but I felt like taking pictures.  So, while toying w/ the idea of just using my iPhone for a few weeks to capture shots, I pulled out my phone and fired a few ones.





While it does not have the control and will require quite a bit more post production to get the look I want, this phone will get the job done.

Shooting Skeet 

Nailing shots, I have learned, is being in the right place at the perfect time at the perfect angle.
If any Apple programer are out there, find me a why to set my ISO and shutter speeds and we'll be cooking w/ gas :) Though, that will be asking quite a bit coming from a point and shoot PHONE.

Poker w/ Professors

 MOST of the people reading this blog have a phone on them at this very moment.  Some may even have iPhone 4s as well. I want to challenge you all and at least twice today, while checking your email and Facebook status, shoot a picture of where you're at (let's hope it's not in the can) and upload it to FB.

You might be amazed at what you discover when you look up from your social media and actually become social.
Albeit, many may check statuses while, shall we say, indisposed, (please spare us THOSE pictures); instead while at dinner, in traffic, waiting in line at the store, fire a shot and upload what you see to your FB.  

Gib Lewis in his trophy room (SO3 Ranch)

I really look forward to seeing what people come up with and how you guys view your lives or what you think is pleasing to the eye.  

Call it a social experiment; we can see who can jump on and post a picture of where we are at and what we are doing at particular time.  Example?  At 1:37pm (CST) I will most likely be at work.  I could take a picture of my workstation, co-worker, the classified door I have to pass through and leave my phone and all recording devices behind. 

"Studying" at Half Acre Hall, Flying Saucer- Ft. Worth

Texas Sunrise

Or we could set an alarm and fire a shot 6:42pm (CST), some of us may be out with friends, getting dinner, on our way home from work, on our way to school.

Texas Sunset

So for the rest of you wired-in folks out there have fun with this little experiment and good luck playing with your cameras phones.  I hope to see plenty of interesting, quirky, inventive and imaginative pictures.  Forward this along and let's see just who is up for it.