Feel Like You Have Tried Everything To Pass The Bar Exam?

Many repeat takers come to us asking what they can do? They tell us they’ve taken BarBri, and followed the BarBri schedule. They took Kaplan/PMBR, and did all of the PMBR questions. So, their question is always what to do next. Well, this is where our Attorney Instructors, or Bar Tutors, can help. Our Instructors here at LawTutors are trained to work with students one on one, and create a specialized and unique study schedule just for them. This gives each of our students at LawTutors a unique experience, and their bar review program becomes tailored to their needs. Not everyone learns the same way, and not every bar review program works for every student. At LawTutors we ensure that each student is paired with an instructor that can cater to their needs.
If you have taken the bar before, and failed, you know that you need something different. You know that you need a program that fits you. Don’t look any further. The solution is finally here.

Exam Preparation

Well, it’s November, which means most of you have roughly a month to go before your exams. So, what do you do to prepare? First, you should be outlining, in order to ensure that you understand the black letter law. There is no one right way to outline, and it should be your own, in your own words, not copied from a commercial source. However, outlining alone is not enough. You cannot expect to succeed on exams merely by memorizing black letter law, it is just the first step.

Yes, your professors want to know that you have learned the law they taught, but they also want to ensure that you can DO something with it as well. Whether your school follows the traditional IRAC form or newer CREAC form, your professor still wants you to take the black letter law and apply it to whatever hypothetical situation happens to be on the exam. Always remember that merely putting down a rule of law, and possibly restating the facts, is not enough. A good exam explains both why the facts apply to the rule of law, as well as why you are coming to a particular conclusion. For Example:

“Battery is the intentional offensive or unwanted touching of another. When Tim shoved Mario, it was intentional because Tim had the intent to shove, and not a mere accident. In addition, a reasonable person would view a shove as both unwanted and offensive, and it is, indeed, a touching. Therefore, Tim committed a battery against Mario.”

In some situations, it is also important to argue both sides of the issue, and then come to a conclusion. The only way to master this skill is practice. Find old exams that your professor might have, or use a study aid that has practice essays. I cannot stress enough how important it is to practice not just the exam writing, but applying the law to new fact patterns. This also means that you cannot just outline an answer, you have to FULLY WRITE out the essays. I know, it is a pain, and all of you are running short on time, but if you want to succeed, this is the only way. Anyone that tells you different is simply lying. Good Luck!

Outlining when you don’t even know where to begin

It is now getting further into the semester, and you may be hearing from professors, other students and upper classman that it is now time to outline. However, if you are like most first years, you are wondering what that means. You may also be hearing that you do NOT need an outline, and this is untrue. A student once told me that outlining was “overrated.” Naturally, I asked him why he thought this. His response was “if you take good notes and basically understand what is going on in class, you do not need an outline.” The problem with this logic is that outlining has nothing to do with how well you read your cases, understand the subject matter or how neat your notes are. Outlining is taking every piece of information you have learned and putting it into a Big Picture. Without seeing the Big Picture, you will NOT be able to answer an exam question well. Remember that exams in law school are NOTHING like they were in undergrad, which means you have to change the way you study. Instead of repeating what was in your reading and notes, you have to APPLY what was in your cases and note, and to d that, you need to get an idea of the big picture. So get on board with outlining!

WHEN DO I OUTLINE?

First and foremost, NOW is the time to start outlining, and you will not stop until your classes are over. You should be updating your outline as you go. Take out your syllabus, your book and your notebook and figure out when you will be completing major “sections” in the course. While you will be reviewing and understanding all along, block out time at the end of each “section” and devote it to bringing that section together. While putting it together, you can also fill in some gaps or clarify some points with your own notes, the book, your Professor’s office hours, commercial outlines or some examples and explanations. Do not put off outlining until the end of the semester, when you only have a week or two before exams. By that point it may be too late to fill in those gaps you do not understand.

SO WHAT IS AN OUTLINE?

The number one thing you must remember is that an outline is PERSONAL. I also want you to stop thinking that there is ONE way to outline, or one PERFECT outline. That’s simply untrue, and your outline may look completely different from your neighbors, and you might still both get As. While all outlines have some common elements, it is your own unique creation based on how you personally learn. n addition, your outline is for YOU, and you alone. Most professors (and there might be exceptions) do not collect outlines, so bear in mind as you write it that it is only for YOU.

In essence, your outline should contain the black letter law, very short case summaries, and other important information that helps you master that particular topic or sub-topic. Other than that, it can be handwritten on a napkin or created into a powerpoint just as long as it WORKS FOR YOU. It is a guide for you to study. And more importantly, it is a way to ensure that you understand what is going on in your course. Do not merely copy and paste from your notes, and do not merely copy commercial outlines.

To start, you want to be rewriting, or retyping, your notes, in your OWN words. This is so you remember things more clearly, which is one goal of an outline, but more importantly, if you can rewrite a concept, be it legal or otherwise, in your own words, then you know you understand that particular concept. If you struggle to rephrase a legal concept, or come up with examples, you know that you need to go back and learn that particular concept. This is the PROCESS of outlining that is important – periodically ensuring that you understand what is going on in class, and in your reading.

In addition, your outline should be CONDENSING your notes from class, not merely repeating and rewriting your notes. This is also your opportunity to combine class notes, case briefs, bits of information from commercial supplements and supplements and put it all together.
Also, note the difference between YOUR outline and a commercial outline. A commercial outline is useful if you are terribly lost, or if you have trouble understanding a particular concept. However, bear in mind that it should NEVER replace your own homemade outline. This is because, as stated earlier, the PROCESS of outlining is key. In addition, every professor and every class is different, so a commercial outline might not highlight what your professor does.
Now, get cracking!

Looking for Interns

LawTutors, LLC needs a student intern. This is a great opportunity for any student that would like to learn about legal publishing and bar review. In addition, it will also be beneficial to anyone that has an interesting in marketing.
The intern will be responsible for some administrative work, such as answering phones, taking care of mailings, copying, etc. In addition, the LawTutors’ intern will be responsible for helping edit materials, both for internal LawTutors’ purposes as well as editing materials that will be published. In addition, we will be calling on the intern to assist us with various research projects, as they relate to items we are writing and publishing. The intern will be expected to assist in writing for the LawTutors’ website and blog, as well as the newsletter.
Most importantly, the LawTutors’ intern will be responsible for helping to organize marketing and public relations, and be the contact person for the student representatives on various law school campuses.
The benefits include a family atmosphere, significant discounts on law tutoring, bar review tutoring and materials. Discounted books with Aspen publishing, and access to the LawTutors’ library of supplements, available for check out, or to use while you are in the office. Our office is T-accessible, and we are flexible and accommodating with school commitments.
Please contact Melissa or Tania at info@lawtutors.net for more information, or to send in your resume.

Electronic Case Books? On Kindle?

It might be a possiblity....

So, case books in electronic format. It would sure be a lot lighter, and easier to carry around, but personally I would find it harder to read, and clearly impossible to highlight!

Thoughts?

If you ever think you are too old...

Think again! I have a lot of students that feel that they might be too old to start law school, or take the bar.

Well, 81 year old woman proves you all wrong! you are NEVER too old to start a new career, or follow your passions.

How To Prepare for Class

If you are reading this, you are probably in your first few weeks of law school, and are slowly realizing that law school is much different from any other school experience you have ever had. You have also most likely come to realize that you have no idea how to prepare for class, and that is where I come in to help.

First and foremost, remember that class is an opportunity to learn. Repeat that with me, “OPPORTUNITY TO LEARN.” I stress this because many of you will become intimidated by class, especially the Socratic method. The Socratic method is where the professor doesn’t merely lecture, but calls upon the class to answer questions and discuss issues. But, class doesn’t have to be intimidating. Traditionally, a law school class goes something like this:

Professor: Miss Jones, what was the holding in Smith v Smith?
Miss Jones: uh…………….
Professor: Ok, Miss Jones doesn’t know, what about you Mr Smith?
Mr Smith: uh……

You get the idea. This can be very daunting. Don’t let it be. Remember that, yes, participation is part of your grade, but as long as you read the case and can answer something reasonably related to the discussion, you are going to be ok. Also remember that everyone else in class is just as nervous as you are, even those classmates that seem too cocky to be nervous. The professor expects that you have read the case, not that you know everything you are supposed to know about the law. If you could understand everything merely by reading the assignments, you would have no need for class, so keep that in mind!

So, it’s tempting to focus on having the answers and not being embarrassed. Now, I won’t advise NOT having the answers, but instead of focusing on knowing it all before getting to class, remember that class is STILL an opportunity to LEARN. And that’s why I’m going to tell you how to best prepare for that learning experience, and what do during and after class.
Before Class: you want to read all assignments, especially any particular rules. For instance, if you are taking a civil procedure class, or any other “code” based class (a “Code based” class is anything that follows a particular statute book or “Code”, like The Federal Rules of Civil Procedure or The Federal Rules of Evidence), always start with the code. These codes, or statutes, are the LAW for that particular class. I can guarantee you will not immediately understand the particular statute you are assigned to read. Sure, you might understand it in the sense that you can read the words and understand what they mean in plain English, but what does this mean LEGALLY. Well, that’s when you read the cases, which are generally the second part of your assignment. All of this is called being prepared, which is NOT the same as completely understanding everything prior to class. You need to have read all statutes and cases assigned so you can follow along in class and make your class time effective.

So, you might be asking, how does one read a case? Good question, and the answer might seem obvious since if you’ve made it to law school, you know how to read. However, cases can be tricky. First, you want to read it at least once, to sort of get a feel for the “story” of the case, then you want to read it with an eye towards briefing the case.

There are plenty of ways to brief a case, and everyone you talk to will have a different opinion. (Some examples, http://www.4lawschool.com/howto.htm , and http://www.lib.jjay.cuny.edu/research/brief.html ). Essentially, a case brief is just a summary of the case, a cheat sheet if you will. However, before briefing a case it is important to know WHY you are briefing a case. First, and foremost, you want to be able to follow the class discussion, and be prepared should you be called upon. Though, more than that, cases are the way you understand the law. If you have a code based (or statute based) class, your cases help you explain those statutes. If you are not lucky enough to have a statute, your cases become the rule of law, and you have to read them to ascertain that law. So, the purpose of a case brief is to 1) help your understanding of the case and 2) give you a quick reference both for class, and for exam review. Also, understand that you might have to read the case multiple times to truly understand the purpose of the case.

Even though there are many different ways to accomplish this, here is a general model

Title (e.g. Jones v Smith)Citation (e.g. 410 U.S. 113 (1973))
Note: Both the title and citation are used for your reference. It might be tempting to just put a title, and it’s not the end of the world if you leave off a citation, but trust me, it will come in handy and it’s easier to take the extra minute to put it at the top of the paper then go back and look for it later if you need it. In addition, it’s just good practice, in law school and in the practice of law, you need to cite EVERYTHING. And I do mean everything, so get used to it.
Facts: Summarize the facts of the case. Do not get overburdened with too many facts, you just want to have an idea of what the case was about; who did what to whom? Summarize is key here, as you do not need to write down every nuance, just enough so that you can apply the holding to the facts at ahnd.
Procedure: In this section, you want to list what happened in the lower court(s). Do not go into too much detail, as this is hardly the most important part of the brief unless you are in Civil Procedure. Essentially, you want to get an idea of the journey your case took, as it will help you understand the language used in the holding.
Issue(s): What is/are the question(s) facing the court? What does the court need to decide? The “issue” spot is going to be hard at first, as it may be difficult when you first begin reading cases to spot the exact issue. In addition, there might be more than one, and that’s ok. How you frame the issue might also depend upon your professor.
Holding: How did the court answer the issue question(s)? YES/NO?
Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. This is where….. the meat of your brief should be, as this is WHY you are reading cases. Not only will this be the section discussed most in class, but this will be what you need when it comes time for exams. You need to not just know the court’s decision, but the WHY. You will hear me say time and time again, and my students certainly tire of it, the law is all about the WHY. When you are writing exams, you never want to be conclusory, but explain the WHY.
Concurring/dissenting opinions: This might not always be necessary, and sometimes the concurring or dissenting opinions won’t even be in your book. However, there are instances where the dissent gave quite important rationale, and you want to remember that. There are also some professors that love discussing concurring and dissenting opinions and you want to be prepared for that.

So, now you are prepared for class. You’ve read the statutes, you’ve read the cases. So what do you do with them? Well, as I said before, you use class as an opportunity to learn. Actively listen to class, do not be so consumed with taking notes that you miss out on actually LISTENING.

Don’t get me wrong, you want to take notes, especially on things that your professor is stressing, since your professor will be writing the exam. This is why preparation and briefing is key. A good idea is to take notes on a laptop; you can brief you cases and then add class notes in a different color or font. This way, you do not have to waste precious class time writing down facts, holdings, and other things you’ve already written down, and can instead focus on the new things your professor is telling you. Always remember that you can learn a lot about what your exam will cover by how much time your professor spends on a subject, and what areas they stress. Plus, if you are lucky, your professor can explain a rule of law much better than the judge who wrote the case you just read did. This is why you want to actively listen in class and get as much out of that time as you possibly can.

After class review your notes and be sure you understand the topic of the day. If you do not, this is the time to seek out a law tutor (like me!) or a supplement. Also, do not underestimate the benefit of meeting with your professor to discuss problems you are having. After class you also want to update your outline. Just like case briefing, there is no one perfect outline. An outline should be a synthesis of material; you are condensing the things you learned in class. You want to rewrite things in your own words, to ensure you remember and understand them.
If you keep up with this type of study schedule, you should never feel like you’ve fallen behind.

Classes on Manners

For those of you just starting law school, it appears that some schools, or at least schools in St. Louis, are offering classes on manners.

On one hand, I think this is a good idea, as the legal profession is still very formal and conservative in many ways. On the other hand, I wonder if it is really necesarry to have an ENTIRE course on the subject. I worry that, perhaps, it will be time wasted that should be given to substantive topics.

link

Back to School.......

So, it’s that time of year, time to head back to school. Or, for some of you, time to start law school. If that’s the case, you might be wondering what you can do in such a competitive environment to stay ahead. Or, you might just be wondering how to keep your head above water! So, I’ve compiled a few helpful tips that should keep you as stress free as possible this semester.
1) NEVER pay attention to anyone else. This is the absolute MOST important rule. Now, sure, there might be some exceptions, like a study partner, but for the most part you want to avoid others, at least on an academic basis. (Don’t take me too literally and become a recluse!) Everyone works at a different pace, and everyone works best in a different environment. Listening to how many hours Bob, your neighbor in Torts, spent in the library will just stress you out one way or another. Same goes for talking extensively about exams or other homework assignments, it will just make you insane. And let’s face it, law school already makes you a bit insane.
2) Stay Ahead. By this I mean don’t get behind. I know, easier said than done, right? This doesn’t mean just doing the assigned work from day to day, but UNDERSTAND what you are doing from day to day. Don’t wait until a week before exams to attempt to master something from the first week of classes.
3) Ask Questions. This is one way to accomplish number 2. Do not be afraid to ask your professors questions – it’s what they are there for! If it seems too intimidating to ask a question in class, schedule a meeting with your professor during office hours. If this doesn’t work, you have lovely people like LawTutors (hint hint! Ha ha!) to help you out!
4) Use Class time wisely. Remember, you don’t have to understand everything going INTO class, you go to class for a reason, to LEARN. I realize that class can be intimidating, and it seems like you have to go in understanding absolutely everything. This is simply not true. The purpose of class is to help you understand the information. You still want to prepare for class, so that you can understand the cases the professor is going over, and keep up with the lecture, but you do not have to comprehend every nuance of the law before class starts.
5) Outlining. First understand that there is not a perfect outline. The purpose of outlining is to synthesize and understand the information, and to help you prepare for your exam. This means that every outline might be a bit different.
6) Practice, Practice Practice. Do not start practicing exam writing the week before the exam, start practicing day one of class. The purpose of the exam is to see how well you can APPLY the law, not how well you can memorize it. This means that knowing the law is only half the battle. The best way to do this is to find old exams that your professor has used, and many offer them online. This allows you to not only practice, but familiarize yourself with your professor’s style. I also suggest LawTutor’s MiniEssays (www.lawtutors.net), which are paragraph long questions, designed to test just one topic (for instance, battery , or offer) and your IRAC skills. You might also try Aspen’s Examples and Explanations, which are a great source of black letter law AND hypotheticals.
7) Use your time effectively. Don’t study for the sake of studying – study EFFECTIVELY. How you might ask? By not trying to memorize law, but by applying it. Go through hypos with a friend, practice essays, think of different scenarios in your head, or rewrite rules of law in your own words. Remember, this is not a game of memorization, it’s a game of understanding and application.
8) Master IRAC. Isssue. Rule. Analysis. Conclusion. This will help you through all exams, including the bar, and remember, analysis is the most important part.
9) Find a good study partner. I’m not a huge advocate of study groups, or relying on others too much, but finding one other person whose study style matches your own can be a benefit. The two of you can answer questions for each other, AND you can bounce ideas off of one another and practice hypos together.
10) Last, RELAX. Get good rest, as hard as that is, go out once in awhile, and add a bit of humor into your life, like this site! http://overheardinlawschool.blogspot.com/
Hopefully these 10 tips help you get settled in. I’m going to be expanding on these topics throughout the semester.

More Last Minute Advice

So, you have exactly a week before the MBE. What now?

First, be sure to treat this as a marathon. This means no doing 100 MBE the night before. Relax this upcoming weekend, make sure you are refreshed going into a marathon of an exam on Wed.

So, what CAN you do?

1) memorize con law. Yep, all of it. The scrutinies, the burdens, what is a suspected class.....once you have all of this memorized, con law MBE questions become a matching game. In addition, know the difference between equal protecion and due process, remmber, above all else, equal protection is treating groups of people differently. Sounds easy enough, but if you do NOT have two distinct classes of people in the fact pattern, it is NOT equal protection. In addition, "for the general welfare" is NEVER the right answer unless attached to tax and spend. Also, remember forany con law qeustions, crim pro included, you absolutely NED government action. The above will get you at least half of the con law questions, if not more.

2) KNOW HOMICIDE. seriously. know it like the back of your hand. Know the difference between murder, manslaughter and teh different defenses. Know when a defense or mistake has to be reasonable or just honest. Know that for attempt you need INTENT. Always. You can NOT accidentally attempt something.

3) Know negligence. Know it cold. Don't skip steps, even on an MBE question. Is there a duty, was there a breach, and did that breach cause the injury? Do not skip a single element, you can not assume anything.

4) Know what hearsay is and all of it's exceptions. Also, as for evidence, start by making sure that the evidence that is being admitted is relevant, then check for hearsay issues, impeachment issues, competency issues, and 403 issues. But, above all else, memorize hearsay exceptions.

5) For property, get used to outlining. All you can do. Make little outlines, letting you know who conveyed what to who.

6) Last but not least, for contracts remember to go in order - don't skip straight to damages, start with what law applies, then whether a contract was formed, is it enforceable, what are the terms, is there an excuse and FINALLY breach and remedies. And remember, for remedies, when stumped think about where the person WOULD have been had the contract been formed and where they are now. The damages they are entitled to is the difference between the two.

Make flashcards for the above and memorize, memorize, memorize this week. However - one caveat. Don't spend hours memorizing, do it in 5-10 minute spurts, since you memorize more effectively that way.

Good Luck!

New Bar Review Program, It's about time!

So I have discovered, and became a part of, a great new bar review program. Sure, I am a little biased since I am a part of it, but I have to say, it really is a great program. And, not only is it a great program, but it is completely unlike any other bar review program out there. Steven Emanuel, which you know because of all of his hornbooks, has decided to start a bar review, and man, is it awesome. Emanuel Bar Review.

How so, you might ask. Well, for starters, it is a two part program. The May session focuses on an intensive review of the subject matter you need for the MBE. Sure, plenty of review programs go through substantive material, but EBR does it in a way that focuses on what you REALLY need for the MBE. The materials are phenomenal, written by Steven Emanuel himself, with a real focus on how the MBE tests that material. These substantive reviews are followed by tutorials, with qualified tutors (such as myself and Tania!) who will go over anything you happened to miss in the earlier lectures, along with tips on how to tackle questions and how to spend your study time.

Then, in July you take a simulated exam, followed by two days of review of that exam. However, this differs because the reviews are conducted by topic and subtopic, not in the order of the exam. This way, you can compare and contrast the rules of law and the fact patterns.

We’ve gotten some feedback from students that took the May review:
“I think the tutoring aspect was really great and so novel! Also, the fact that the lectures weren't based around specific questions, but rather around topics frequently seen in bar exams was important too. Also, having the handouts to follow were great and allowed students to either listen without taking notes or taking notes while still being able to listen intently to the professor. So often when taking notes, the listening becomes more about trying to get all the words down and not about listening to the substance of the lecture, but with the handouts that was a non-issue!”
“It was excellent and I feel very prepared to go on throughout the summer to study and pass the bar. Each lecture was informative and the tutors made the course even better by further explaining and offering to stay in touch throughout the summer to answer other questions. The books are also well-written and I love my bag. I highly recommend this course and am grateful for it.”
“It’s a fast and efficient way to kick-start your studying for the MBE – I feel like I have a solid grasp of where I need to focus my studying over the next two months.”
not surface for air til after the bar. I think it freaked people out, and I also think it might be bad advice.”

So, it’s not too late as July sessions are still going on in CA and NY, and I’m telling you, these are going to pick up and you’ll soon see them in every state. I'm just very excited to be a part of it, and there are some really amazing people that are on board and committed to making EBR the best bar review program out there!

A little humor never hurt

Especially to relieve stress during bar review. Check out the facebook page Bar Exam lolcats

You ARE allowed to take study breaks, especially if they help relieve stress. Below are a few of my favorites, and hey, they might help you learn a rule of law or two!

What to do with 3 weeks left?

Well, you are about 2 1/2 weeks away from the bar – so how do you use our time effectively? That’s the question of the century. First of all, the key is to not freak out – remain calm and realize that you CAN do this. Seriously, confidence is key – confidence to not second guess your gut, confidence to know that after 3 or more years of legal education you CAN do this, confidence to know that if you do not at first succeed, you are in good company, and you will just try again.

But, on a practical legel, what CAN you do. Well, for starters, on the MBE you want to learn something from EVERY Single MBE question. If you don’t, there was no point in doing the question. None. What do I mean by this? Welll, take the question, and whether you get it right or wrong, REALLY understand why you got it right or wrong. Review the explanation in the back of the book, review your notes and really analyze why one answer is better than the other 3. Also, get used to reading carefully.

As for essays, ALWAYS write out your practice essays. Also, use your notes. By using your notes you are effectively studying the black letter law and memorizing it. However, rather than do this passively, you are also practicing your essay writing skills.

Above all else, just memorizing the black letter law is not enough. You need to learn how to apply it, and what t means. Practice makes perfect - cliche, but it's the truth.

Good Luck!