Wednesday, July 15, 2009

NEW PRE LAW SEMINAR

LawTutors is offering a brand new program called “What Not To Do in Law School, or How to succeed in Law School without losing your mind”.

The program will teach incoming law students what to expect in law school, how to prepare for classes, what to expect out of classes, how best to spend your study time, how to outline, the pros and cons of study groups and commercial outlines, and how to prepare and ace an exam!

The seminar will be taught by LawTutor’s president and vice president, Tania Shah and Melissa Gill, and like all LawTutor’s seminars will be interactive. The seminar will not be full days of lecture, but rather Melissa and Tania offering advice and then giving you, the incoming law student, and opportunity to put that advice to use and practice and discuss what you just learned.

In addition, Tania and Melissa will be joined by other Attorney Instructors who will be offering advice and sharing stories. LawTutors will also have many of their current third year students and recent graduates on hand, so that incoming law students may ask questions and get to know law school from a student perspective, and to help you along.

The program will take place on August 15th and 16th, from 10am to 4pm each day. Lunch and materials will be provided. Materials include “Stratgies and Tactices for the First year”, “Law School In a Box”, “LawTutors’ Big Pictures, Little Essays”, “LawTutor’s Big Picture Cds” , as well as practice exams, outlines and charts that you will go over during the seminar. The fee is $495, which includes both days of seminar, lunch and all materials.

Check back soon on www.lawtutors.net for a more detailed schedule of the seminar.

To sign up please email Tania (Tania.shah@lawtutors.net) or Melissa (Melissa.gill@lawtutors.net) or call the office at 617-738-4800 and ask to speak to Samantha, Tania or Melissa. Space is limited so sign up soon!

Monday, July 6, 2009

Wait...What? Or How To Effectively Memorize!

You have a month left before taking the bar, now is the time to really focus and make the most of your studying time. It might feel like an overwhelming task to learn everything you need to learn by the end of July, as well as master the skills you need.

I often stress that memorization is not the key to succeeding on the bar exam, and I still stand by that. You need to know the law, and ANALYZE it, in order to pass. However, there are still some things you need to memorize. Memorizing rules of law is not easy for everyone, but sometimes it’s necessary. Hopefully I can impart some memorization tips!

1. Understand the things you memorize: First and foremost, strive to understand the things you need to memorize. Not only will you remember things with greater ease when you fully understand what you are memorizing, but you can not analyze something (remember, the most important part!) until you understand it!

2. Memorize in short time bursts: Plan your memorization time in short bursts of 5 or 10 minutes. Perhaps take some time out to memorize in between MBE questions, or in between practice essays. Bust out your flashcards in line at Starbucks. Sure, people will give you funny looks, but you won’t care after you pass! If you spend too long trying to memorize something, your brain just shuts down and you cease to be effective. No point in studying if you’re not being effective!

3. Memorize in short material bursts: See, your brain tends to remember the first and last things it takes in. If you shorten the amount of information you are taking in, it’s more likely to “stick”. This means pick one subject, and even one subtopic, to memorize at a time. For instance, you know you need to memorize the scrutinies for constitutional law. Start with strict scrutiny, and know that you will memorize JUST that first, and save the other scrutinies for the next memorization session. This tip goes well with the short time bursts; pick one scrutiny per commercial break!


4. Be vocal: Teach rules of law to your significant other, your roommate, your mom or your cat. Trust me, your cat needs to know what all the hearsay exceptions are, and will thank you later. Vocalizing something, even if you are just talking to yourself, helps with memorization.

Employing these techniques will not only help you spend your time memorizing effectively, but will also help you with your analysis. Good Luck!

Tuesday, June 23, 2009

How to Study Effectively for the Bar Exam

Or…how not to become a hermit this summer.

Ok, to be fair, even studying effectively you probably are still living the hermit life. That’s ok, it’s only 5 more weeks. Say it with me, 5 more weeks – you can do this! Trust me. Would I lie to you?

Clearly, studying for the bar exam is not the most fun thing you can imagine doing. Though, if doing MBE questions just for kicks is your idea of a good time….who am I to judge? For those of you that don’t get your kicks from MBE questions, since I can’t make the studying more fun, at least I can tell you how to make it more effective.

Essays: Practice your essays with your notes, looking up rules of law. I know, this sounds like cheating, but I’m not suggesting you do it ON the day of the exam, I’m suggesting you do it during practice. Also, the bar exam is actually testing your ability to analyze, and looking up rules in your outline will not help you there. But, it WILL help you learn the correct rules, which is the first step. Plus, it is more effective then trying to memorize rules by reading outlines again and again, or even flashcards for that matter. If you look up rules as you write, you are actively applying facts to those rules, and practicing your writing, in addition to learning the rules, since you are copying them down. This is all active learning; the doing rather than just passively reading. When given the choice, active learning is always more effective.

Also, PLEASE PLEASE PLEASE write out your practice essays. Thinking about them in your head, or just drafting outlines, will not help you. You’ve heard practice makes perfect? It’s a cliché for a reason, and now is the time to put that cliché to the test. Write out as many essays as you can in the next 5 weeks. Using your notes, of course.

MBE: As with the essays, you want to be actively learning from the MBE practice questions. If you do not learn from every MBE question you do, you are wasting your time, and just doing that MBE question for fun. As I said before, I won’t judge….but the general feeling is that MOST people have other things they like to do in their spare time. How does one learn from doing an MBE question? Do one at a time, check the answer, and then figure out what you did wrong.

You might have went wrong on substance; forgetting some element of the rule, or just being confused on the black letter law. In that case, now is the time to review our outlines/flashcards/charts, to brush up on the black letter law.

You might have had a reading comprehension problem, reading the call of the question or a certain fact the incorrect way. If that’s the case, take a mental note and be sure to read a bit more carefully in the future. Having said that, make sure you are consistently paying attention to the call of the question; variations such as “which is the least likely outcome” often throw students off course if they are not paying attention.

Perhaps you were torn between A and C, and don’t quite understand why C is the better answer, since they both seem ok to you. In that instance, read the explanation in the back of the book, re-read the question, consult with a tutor, do what you need to do to assess why one answer was the “best” out of all options. Sometimes the way to do this is to figure out why the other three options are incorrect. Remember an answer has to be both factually and legally correct, and never only a little bit legally correct.

What all of these things boil down to is learning from your mistakes, something your mother has been telling you to do since you were just a wee thing. The types of questions asked, as well as the rules tested, are often repeated, which means you are likely to see them again and again – so what better way to master them then to learn from each question? Remember merely tallying your score and shrugging, moving on to review an outline without knowing where your weaknesses are, will not help improve your score. You have to know where you went wrong. You have to learn FROM the questions, and I can not stress that enough.

Having taken this all into consideration, perhaps you might have time, after studying EFFECTIVELY, to actually see your friends in the next 5 weeks. But only once or twice :)

Thursday, May 7, 2009

How to Study for a Dual Bar Exam

By Sheri Mason
(Sheri is one of LawTutor's Attorney Instructors)

You’ve just completed your last law school exam…. EVER, and you are about to give a sigh of relief when you realize – it’s not over yet! That’s right, in a few short months, you will take that exam you have been dreading for the last three years – THE BAR EXAM.

By now, you have probably given the bar some thought. Maybe you’ve even started the application process. Of course, the first question all students must ask themselves – Which state bar exam should I take? For some, the decision is easy. For others, it forces some major life decisions because the decision rests on where you plan to practice – and live!

Suddenly, you start to hear some rumors about fellow classmates that are taking the bar in two states – they must be crazy, right? Isn’t that double the work?

Not at all! Here’s why. First, your MBE score is applied to both states, so you only need to study for and take that portion once. Second, while you need to study state specific law for both states for the essay sections, chances are, you will be learning essay structures and strategies that can be applied successfully in both states.

Whether or not you take two bars is a decision you have to make. One bar is often stressful enough, and adding on the stress of another state bar can feel overwhelming. However, many law graduates have taken dual bars and have been successful. Here are some tips that may help you if you decide to take a dual bar:

1. Decide which two states you would like to sit for. Seems obvious, right? However, whether or not you can take a dual bar will depend on the states you wish to sit for. The state essay section will need to fall on different days (the day before the MBE or the day after the MBE). For example, many law graduates will take New York and Massachusetts during the same bar exam since the state essay days are not on the same day. The same would not work for Connecticut and Massachusetts since the state essay section falls on the same day. Look into the two states you want to take to determine if it is doable. Keep in mind that you will need to be in the actual state for the essay sections, so travel and lodging will be an important factor to keep in mind.
2. Understand the application process for both states, and their requirements for sitting for a dual bar. Once you determine that you can take both bars, you need to fill out applications for both bar exams, indicating on both applications that you will be taking a dual bar (usually, it will ask you in the application). This also means different bar application requirements and different deadlines. Be sure to check the requirements and deadlines for both bars.
3. Determine which you will sit for the MBE section of the bar and let both states know in your application. Again, it is important for you to understand the requirements for each state – some states will require you to sit in a certain jurisdiction when you are taking a dual bar. For example, if you are taking New York and Massachusetts, you will need to indicate to New York that you plan to sit in New York for the MBE section (and let MA know that you will be sitting in NY for the MBE section of the bar). Failure to do this may mean that you are not on the list to get into the exam, so be sure that your applications match.
4. Make sure you transfer your MBE scores to the other state. Since you will be sitting physically in one state for the MBE, this means that the other state will not have you’re your MBE score immediately on hand. You will need to transfer your score to that state. Again, check the state’s procedure’s in regards to transferring the MBE score – you want to be sure that both states have it to grade your exam!
5. Determine which bar you must pass, and which bar you would like to pass. Of course, you want to pass both bars; otherwise, you wouldn’t bother to take them both. However, it is important to keep things in perspective. If you know what state you plan to practice in, that state bar should take priority. If you are taking a commercial bar course, you should choose the course for that state. Sometimes, law graduates will choose the state’s priority based on the state bar’s reputation of having a low pass rate. Keep in mind, this should be one factor you consider, and should not be a determinative factor. It is more important for you to pass the bar in the state you plan to practice law.
6. Be sure to understand the structure of the both bar exams, and get examples of actual answers to the state’s essay questions. Different states have different structures for the bar exam. What is the minimum to pass the bar? What does the state essay section consist of? For example, New York’s state essay section consists of NY specific multiple choice questions and a MPT on the essay day of the exam. On the other hand, Massachusetts’ state essay section consists of ten essays. NY does not have a page limit for writing essays, whereas MA gives you four pages to write your essay. See if you can get examples of actual bar essays for both state exams (New York posts these on their Bar Exam website). What does each state consider a “well-written” essay? Understanding the structure for both exams will lower the anxiety since you will know what to expect.
7. Determine what subjects are tested on each bar. Again, different states may test different subjects. While most states overlap what is tested, it is important to know the areas you will need to study.
8. Practice writing essays for both states. Regardless of which state bar you are taking, a well-written essay is crucial to pass a bar exam. Under the bar time restraints and pressure, it is easy to freeze up when trying to answer a question. Practice writing many essays from both bars, and if you do not have a tutor, re-read and analyze them. Did you outline prior to writing? Is the essay well-structured? Be sure that your answer analyzes the question asked. Look at each sentence and ask yourself the purpose of that sentence; Is this is legal conclusion (if so, did I properly analyze how I got to that conclusion?); Is this a statement of fact? Is this a statement of law? Did I miss any issues? Try to rework your paragraph so that the bulk of your paragraph contains an analysis.
9. Strengthen your MBE score. Since both bars will use the same MBE score, you want to be sure that your MBE score is strong. Typically (but not always), a passing rate will be the combination of both your MBE score and your essay score for the state (be sure to understand your state’s scoring system). This means a stronger MBE score may balance out weaker essays for your state essay sections – this is especially important for the state you are not focusing on. The best way to strengthen your MBE score is to do multiple MBE questions, and to analyze why you got the answer wrong.
10. Create a study schedule. As if taking one bar isn’t enough, you now have the pressure of two bar exams – MBE laws, state laws, contradicting laws…. How are you going to keep it all straight? The fact is, no matter how much you try, you will probably walk into the bar exam feeling like you don’t know everything or you can’t remember which state law is which. It is important that you have a study plan or schedule to ensure that you focus your time properly. Consider getting a tutor to work on a study plan and to help you with the study process.
11. Talk to other people who have taken (and passed) a dual bar in the states you plan to take. Find out how they managed their time, or other tips that they have about taking both bars.
12. Relax! Easier said than done, but remember, it’s only an exam, and at the end of the day, you can only do your best. You’ve already survived law school, and you will survive this too!

Wednesday, May 6, 2009

I DON’T LIKE THE BAR EXAM, HENCE I DO NOT BELIEVE I SHOULD HAVE TO TAKE IT (and other musings of Bar Examinees).

By Joseph Keeney, Esq

(Joe is one of our LawTutor's Attorney Instructors)

1. I graduated law school with a 3.5 therefore, I shouldn't have to take the bar exam.

Comment: Where to begin with this contention? For starters, there could be a lot of reasons as to why you achieved a 3.5 and more importantly why you have to take this exam. One reason that you achieved a 3.5 could be because you flat out deserved it, and this grade point average is indicative of your skill and work ethic. Too bad you still have to take the thing. Another reason that you achieved a 3.5 is because the curriculum and your class schedule was soft. Another reason that you achieved a 3.5 is because the academic semester was more conducive to your preferences ie., work schedule, or finances. Who knows? But for now, this standardized approach of the MBE taken with essay writing is the best option on the board (no pun intended) until mind reading and ethical fortune-telling are made available.

2. I practiced 2500 multiple choice questions, took three practice exams, and studied 8 hours a day.

Comment: Yawn. This exam is not about studying hard. This exam is about studying smart. Sure, by doing more multiple choice questions, this may allow the opportunity for your brain to become accustomed to the format style of the questions as well as the various ways in which a fine point of the law can be tested. For that I say, the more the merrier. However, one must be careful in setting large goals as they sometimes do not account for each student's needs. In other words, the student's desire to answer too many questions can easily overshadow the quality of takeaways that one should yield from each question. One LawTutors’ recommendation that addresses the takeaways and which has proven useful is for the student to analyze each possible answer to the degree: "I chose Answer A because….." This is valuable because is regimented reinforcement. Too often, while reviewing assignments with students, we find out that the student's answer selection by letter choice was correct, but the rationale behind it was wrong. With incorrect rationale, the examinee is building false misunderstanding of black letter application.

3. My law school did not require these subjects therefore why should this be on the bar exam?

Comment: Your law school gave you choice. Hence, that is why these choices are called electives. Another angle the bar examiners are testing is your ability to work under pressure and to undertake a vast breadth of material. As words of encouragement, your understanding of the subjects tested on the MBE should pay dividends on the essay portion of the exam.

4. I was on law review/law journal but still received 3's across the board on the essay portion of the bar exam.

Comment: There is certainly little doubt that the selected student for these organizations possesses analytical ability. However, there are a few aspects or commonalities that may make students more susceptible to the format of the bar exam. As you already know, much of what is subject to academic articles can be esoteric or involve much on opinion or can provide as an analytical overview of jurisdictional trends over a particular subject. Also, there is a good chance that what you are writing or analyzing in these activities pertains to an area of the law or subject matter in which the student is interested. In a lot of ways, as the author of this scholarly article you can control the direction and format of what is to be written. The bar exam format is much different. It covers areas of the law that perhaps involve subject matter that you never studied in law school let alone that you are interested. Moreover, successful bar exam writing is often the result of disciplined commitment to the IRAC or CREAC method.

5. Considering I excelled on the LSAT, I had no reason to think otherwise with respect to the bar exam. I have always done well with standardized tests.


Comment: The LSAT, in lot of ways, is used as a prognosticator on how well the candidate will perform in law school. The bar exam, in lot ways, measures how well the candidate for admission to the bar did in law school. That being said, the LSAT's approach is to measure certain cognitive and analytical skills within the environment of a multiple choice question. Is it perfect measurement? Are the results of the LSAT necessarily a dispositive indicator on how one will achieve in law school and ultimately the bar exam? No, of course not, but see # 1 above. Another distinction between the two exams is that the bar exam is measuring more towards what the examinee actually learned over the course of three years and recently in the past eight weeks leading up to the exam.


6. The format for the exam just isn't fair.

Comment: There is obviously much debate and study on fairness interplayed with standardized test taking. Believe it or not, I am not going to make an opinion one way or another. This is reality, and the more excuse-making that goes on is negative energy and interference.

7. My commercial material doesn't exactly mesh with the law school outline that my Professor approved. I am going to defer to my law school outline.

Comment: I would like to make the suggestion that you should choose whichever you prefer. However, this doesn't go without saying a few comments first. Several of the commercial entities out there have either been specializing in bar preparation for decades or are accompanied by an entourage of legal authors, professional test takers, and professors. That being said the commercial outlines are terrific for picking out repeated questions, trends, and proclivities that the Multi-State drafters and Board of Bar Examiners will test. Sometimes I have found it helpful that if there is a particular area that you find yourself disproportionately weak or feel that you require further review that those outlines and hornbooks may be used in a supplementary capacity.

8. Because I have been a law clerk for now three years, that practical experience ought to give me an advantage over the people that have just been going to school.

Comment: Doubtful. Jobs are breeding grounds for misunderstanding and misapplication of black letter. After all, who doesn't plead waiver, estoppel, and laches not knowing the difference. You may need to know these types of distinctions on the bar exam.

9. Well, last time I took it, my MBE score was well above the average so now I am just going to focus on the Essays.

Comment: I dare you to make the mistake.

10. This time I am going to spend a week studying Future Interests.

Comment: One common thread between law school preparation and bar exam preparation often comes down to time management. Why allocate 1 week of eight to a topic that could only amount to 5 percent of the questions on the exam doesn't make a whole lot of sense? This could be more judiciously spent in other areas.