Bar exam advice from a simple minded lawyer

I watched Twitter and blog posts enough today to be reminded that the bar exam begins tomorrow for thousands of law grads in each of our fifty states. I found much of the advice given far too serious and in many cases counter productive.

For the non lawyers, the bar exam runs two to three days, depending on what state you are in. It can be a harrowing experience for many. The only thing more harrowing is that you don't get word that you passed or failed for as long away as Thanksgiving time in states like California.

You'll get a lot of advice from different folks, but for the many law students who follow me here and on Twitter, here's some thoughts/advice I would give my kids or best friends.

  • Relax, there's nothing you can do now that's going to change how you are going to do. Don't be one the nervous nellies you'll see carrying bar review materials dam near to the testing room door and studying during breaks and at night. Throw those bar review materials in a dumpster tonight.
  • Know the odds are you are going to pass. 10% of the people are dumber than you. For me that may have been a reach, but I threw it in. 10% of the people are going to have a bad day or two. And 15% of the people are going to be so freaked out they are going to choke. Exclude that 35% and you have 65% passing. Those are good odds. In fact, the bar passage rate for the vast majority of states (exclude California) is higher than that.
  • Between sessions stay the heck away from anyone who wants to talk about the exam. All you'll hear is how people analyzed the issue totally different than you. Who cares? It happens all the time in law school essay tests you passed. The bar exam is no different. Plus, can you think of anything that's more a waste of time and energy than discussing water that's gone under the bridge?
  • Work out during breaks. I ran marathons religiously back then so I got out with friends also taking the exam for an 8 or 10 miler during the midday break. You need to clear your brain. Do something fun in the evening. Run, go to a movie, go out to eat at a nice restaurant, whatever you enjoy - even if it means spending a few bucks.
  • Ask Mom to say a few prayers for you. That's what moms do. They're prouder than anyone that their daughter or son is about to become a lawyer - giving them something to do during the bar exam is allowing them to contribute to the cause. Plus, I always thought a prayer never hurt anyone.

By the time you get to the bar exam your work is complete. You've gone to law school for three years, and if you're like me you studied hard just to graduate. You've gone to bar review classes studying at night for eight weeks. Enjoy the fact you're about to become a licensed lawyer.

When I ran marathons, I viewed the race as a celebration of months of hard work. If I didn't train properly, there was nothing I could do the week ahead that would change anything. Running sub 6 minute miles on race day took all the focus and energy I had. Worrying about the race or trying to squeeze in an extra speed workout the week before was counter productive. The bar exam is the same.

The weekend before my bar exam in 1982, I headed from Sacramento to San Francisco on Saturday night with two good friends from law school (one, LexBlog's current lawyer) to run the San Francisco marathon on Sunday. Dinner and beers Saturday night, followed by an afternoon of beers on Sunday after the race. A perfect way to blow off steam. We all ran pretty good times too.

Relax. Celebrate the work you've done. And congrats on completing one heck of a long journey.

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Comments (9)Subscribe to Comments on this Entry Read through and enter the discussion with the form at the end
Sharon - July 27, 2009 10:13 PM

Will apply to every single law exam and eventually the Bar in CA, Kev. Thanks, mate.

Jill - July 28, 2009 6:12 AM

GREAT advice, especially the bits about trying to learn any more over the breaks and ignoring others who want to rehash the questions. I was so stressed about the bar that I did not sleep well for a week preceding it--until I got to the multistate exam, where I fell asleep immediately. If not for a proctor who "accidently" bumped me as he was walking by, I might have slept through the whole thing. Despite napping through part of it, I passed the NY exam (not an easy one) on my first try, and as Kevin says, it's much more likely than not that you will pass your exam, too.
As one who has graded practice essays for a bar exam prep company, I'll add this--don't write your essays like you're preparing a memo for a judge or senior partner, even if the examiners tell you to do that. It's almost inevitable that students who are worrying about composing a lucid, well-written memo for some legal eminence will forget to analyze some basic point, or assume they don't have to because the reader already knows the Statute of Frauds doesn't apply, or something like that. Don't make that mistake! Just a quick and dirty statement of issue, rule of law, relevant facts and conclusion will get you full credit, and save you time. Maybe even enough time for a nap.

Bradley Coxe - July 28, 2009 2:50 PM

Good advice. I always tell people to think of the dumbest lawyer/professor they know and remember they passed the bar exam. Personally I kicked back a beer at lunch during the break and killed the 2nd half of the day.

greg keer - July 28, 2009 3:55 PM

Fear is going to an out-of-state law school and then take in another state's bar exam. I luckily found a nice hotel a far enough away from the bar exam site so I had no other bar examinees to deal with. I have two bits of advice on studying. I would study one hour in the morning and one hour at night. I focused on two areas, one where my prep course flagged sensitive issues. Two I would
review those areas from my law school outlines where I was the weakest. But I spent more time sipping Jamison's and reading novels then studying.
Greg Keer

Donna - July 28, 2009 5:16 PM

Like your marathon analogy, this is excellent advice for most tests in life.

Sydney Lawyers - July 29, 2009 5:47 AM

Definitely agree with running to let off some steam between law exams - sometimes it is so easy to get bogged down in the books. It really is the best way to clear the head. Back in my teenage years, I was a coffee + cigarette man - these days, not so much!

adwokat Rypin - August 10, 2009 8:39 AM

a very interesting publication

Bar Advisor - October 7, 2009 12:40 PM

Damn, 8 to 10 miles during breaks. Was this during the exam or just during the weeks leading up to the exam? If during the exam, how'd you fit that in and still eat lunch?

Bar Advisor - October 7, 2009 12:41 PM

Damn, 8 to 10 miles during breaks. Was this during the exam or just during the weeks leading up to the exam? If during the exam, how'd you fit that in and still eat lunch?

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