But then stop. And realize this is not the worst thing that could ever happen to you. And realize that there are PLENTY of people in the same boat as you, and ALL of you will do just fine.

I know this because most of the students that come to me for private tutoring are repeat takers. And those students end up passing the bar. And they end up getting jobs, and then no one cares that they failed, or how many times they failed. You just have to pull yourself up by your boot straps, realize that you need to do something differently, and try again. I had a student take the bar 13 times, come to me for the 14th, and finally pass. Talk about dedication! If he can tough it out, so can you!

So, why did you fail and what can you do differently?

1) Didn’t put in enough time. This is rarely why students fail. Trust me. Most of my students put in PLENTY of time the first time, and I’m sure you did as well. But, on the off chance that you feel you just didn’t work hard enough, work a bit harder next time. (but please trust me when I say this is RARELY the case).
2) Did not study effectively. You might have put in HOURS and HOURS and HOURS in the library, on your couch, and everywhere else, but perhaps you were doing the wrong thing. I had a student who literally spent 12 hours a day in the library reviewing outlines her first time. Didn’t pass. Why? She was JUST reviewing outlines. Nothing else. This is not effective studying. You need to be doing something active, and merely reviewing outlines time and time again won’t cut it.
3) Your bar review didn’t work for you. Everyone learns differently. There is no “right” way to learn, and thus, no one size fits all bar review. Maybe you need more hands on, one on one help. Maybe you need live lectures instead of a video, or vice versa – maybe you need a video or dvd you can rewind. Maybe you need to spend more time doing questions and less time listening to lectures.

Those are the common themes I see, and most often it’s #2 and #3 that are the problem. How to change?

1) Capitalize on what has worked for you in the past. No, that doesn’t mean that studying for the bar exam is exactly the same as studying in law school. But you know yourself well enough to know what works.
2) Find our how you study best. Are you a visual learner? Audio? Do you need to draw lots of charts and graphs? Figure this out and then run with it. If you’re not sure, then seek out a private tutor (they can also help you figuring out where you went wrong – one read of my student’s essays, and I can figure out how to direct them)
3) Most importantly – DO SOMETHING DIFFERENTLY. The definition of insanity is repeating the same behavior and expecting different results. No one needs insane lawyers, so do something different! Shake it up – find a new bar review, find a tutor, find a new place to study, find new books, try to do more practice questions and less reviewing of your outline.

Whatever you decide, the important thing is to not give up. You can and will succeed.

So, in the Halloween spirit (because it’s my favorite holiday), I’ve decided to give you some treats. Now, while I can’t give candy over the internet, I’ll give you study tips instead.

1. Use old exams from your professors.  Most professors have these available either online, or through your library. If they are not available, talk to your professor, ask if you can practice with old exams.  There might be a good reason why he or she hasn’t made them available, or, perhaps it slipped their mind and your request may impress them!  Either way, this is the best way to prepare for your exams. First and foremost, you need to practice your writing. Secondly, using your professor’s old exams will give you a good idea of how they write fact patterns and what they are looking for.
2. Use your professors.  Go talk to them. Ask for feedback. It is their job. If they were kind enough to give you a midterm or any practice exams, pay attention to the feedback and even ask them to expand.  I give my students practice essays before the actual exam, and I always give a great deal of feedback.  If your professor does this, thank them and take it seriously. Visit them during their office hours and ask how you can improve. If they don’t give you midterms or practice exams, write something on your own and ask for feedback. They are your best resource, so use them!
3. Do not listen to classmates.  They might mean well, they might not. Either way, everyone is different, and they don’t necessarily know anymore than you.  Just because the guy that sits next to you in Torts spends 12 hours in the library doesn’t mean that will work for you. Everyone has different learning styles, so don’t try to mimic someone else.
4. Practice makes perfect. Just like I said in 1, practicing your writing is the best way to prepare. Reviewing outlines and notes will only get you so far.  If your professor doesn’t have old exams, find something like LawTutor’s Big Pictures, Little Essays or Examples and Explanations.  These are books that have sample hypotheticals and sample answers.
5. Learn to apply facts.  Learning the law is only the first step. Applying it is the most important step.  Take the books I mentioned in 4, or make up fact patterns with your study group, and practice your analysis. The more you do this, the easier I gets.  When I was taking constitutional law, I used to meet with my professor and run different fact patterns with her.  Not only was it actually fun, but it helped me fine tune my skills.  This is what a lawyer does; a client comes in, and gives you facts. You need to then apply those facts to the law.  This is also what you need to do on exams.

So, Happy Halloween, and Happy Studying!

For a limited time only, you can purchase “Big Pictures, Little Essays” AND the “Big Picture Cds” for ONLY $49.95.  This is normally a $99.95 value, and the first time LawTutor’s materials have been half off!

If LawTutors is tabling at your school, you can make this purchase at the table. Or you can call the office at 617-738-4800, or email us at info@lawtutors.net.  If you need the materials shipped, there will be a $10 shipping and handling charge.

In addition, we are running a midterm special on One on One Tutoring:

If you purchase a one on one tutoring package between now and November 6^th, you will get extra hours!

If you purchase a 10 hour package, you will receive 2 hours for free. If you purchase a 20 hour package, you will receive 5 hours for free.  The package will not expire for a year, so if you purchase 20 hours now, you will have a year to spread out those 25 hours.  That’s why it’s such a great deal to get the extra free hours now!

In addition, the materials fee for first time students will be $99.95 instead of the normal $150. Again, the first time the materials have been on sale, so take advantage now!

The MPRE, as you know, addresses areas of judicial canons and the Model Rules of Professional Responsibility, but it also revisits Torts?  What?  No one ever told me

torts was on the exam?!  Okay, maybe not the whole gamet of torts, but

one particular area tested is negligence…

Consider the following fact pattern:

Prissy was injured in automobile accident by Dolly Drunk and hires attorney to litigate against Dolly Drunk.  Prissy informs attorney that she is unwilling to accept less than $150,000.00  prior to trial and if the matter goes to trial she would want no less than $200,000.00  A week before trial Dolly’s counsel offers to settle case for

$160,000.00 in exchange for a release and dismissal of Prissy’s pending action against Dolly.  Attorney rejects the offer.  The matter goes before a jury, and the jury returns a verdict of $300,000.00. Prissy later learns that the offer of settlement was never communicated to her by attorney.  Infuriated, Prissy brings suit alleging civil malpractice liability.

Did attorney’s actions subject her to malpractice liability?

There are several options that the Examiners could provide as possible selections in a multiple choice set up.  One’s initial gut response is Yes,…. because one may remember reading Rule 1.2 which pertains to this question in  pertinent part that the “…lawyer shall abide by the decisions concerning the objectives of representation and, as a result required by Rule 1.4.  Rule 1.4 which further states that [a] lawyer shall (1)  promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these

Rules; (2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished; and (3) keep the client reasonably informed about the status of the matter.

In the above fact pattern, it is safe to say that the attorney did none of that.  But, the answer is No, the attorney will not be subject to liability.   How can that be?  Look at the call of the question.  The call of the question is asking whether the attorney is subject to liability.  Liability should alert you to the fact that this is a civil claim, most likely based on negligence (legal malpractice) and negligence is premised on four elements (in the context of negligence actions)  Duty;  Breach; Causation;  and Harm/Damages.  Assuming Prissy could prove the first three elements, she cannot prove damages.  Recall in the fact pattern that the jury awarded he $300,000.00.  Therefore, Prissy was not damaged.

How might the result of this question been different if the call of the question was is Prissy subject to discipline?  The attorney most certainly WOULD have been subject to discipline. 

For more advice on taking the MPRE, please contact LawTutors to learn more about their MPRE seminar, or working with Joe Keeney, the MPRE Attorney Instructor. (www.lawtutors.net, 617-738-4800)

by Joseph Keeney

1)      Social networking sites: while it feels like junior high, law school is actually a lot more adult than undergrad. You don’t have to become completely responsible and button down, but keep your facebook and myspace profiles clean. Be aware that future colleagues and future bosses could potentially be reading your profile; be careful of drinking pictures, and updates that are too personal. Also, take measures to beef up your security on those sites, and keep them private! Also, be careful of who you friend.  Again, I’m not going to tell you not to live your life, and not to be yourself, just be a bit careful!

2)      Fellow Students: these fellow students will eventually be fellow colleagues. Make friends, not enemies. No, you’re not going to like everyone, and not everyone has to be invited to your wedding, but it doesn’t hurt to be nice.  These are people that you are going to have to work with, and you might need favors from them.  The legal community is small, no matter where you are, so learn to be civil. You want to be remembered for your professionalism, not for stepping on other people’s toes or being unpleasant.

3)      Study Habits: what made you successful in college most likely wont work in law school.  You might have to learn to study a bit differently, so do not assume you can rely on your old habits.  I’m willing to bet that many of you were very successful in undergrad with minimal effort and relied on attending class to teach you what you needed to know. Remember that in law school you are among the cream of the crop, so you have to work even HARDER just to stay on track.  Merely showing up in class, and doing the minimal reading will not get you where you need to be. Law school requires doing the reading assigned BEFORE class, showing up for class, and THEN studying some more, making sure that you understand and can apply the material.

4)      Exams: most undergrad classes were based on multiple choice tests, not so in law school. Most law school classes have a grade based almost 100% on your final. That’s a lot of pressure on one little test! This means that during the semester you can’t slack, because cramming at the end of the semester like you’ve done for finals in the past will absolutely not work.  Also, bear in mind law school exams ask for an analysis, not merely reciting laws that you have learned. Therefore, mere memorization of buzz words will not get you by, you need to make sure you have as complete of an understanding as possible of the concepts and reasoning behind the law as much as the rule itself.

5)      Majors: In undergrad it is important to pick a major as soon as possible and stick to your concentration. In law school it is a little bit different. Sure, it is important to think about an area that you want to specialize in, but it is just as important to try to broaden your horizons. Save room for dessert, take a course because it sounds interesting. Law school is more about learning how to analyze and interpret the law and apply it to the facts rather than memorizing and retaining the substance of any particular class. You never know what area of the law you might fall in love with.

Again, yes, I know, you have no time.  When you’re not in class, you need to be studying, or going to those extracurricular activities, I know. However, it will not kill you to take an hour a day to do something for yourself ; jog, watch your favorite tv show, go on a date, go see a movie.  You can not become an antisocial hermit.  Trust me, you do that, you wont have any friends once you become a lawyer. And lawyers need friends too! You also need friends, and a support system of family, to help you through law school!

Last but certainly not least, eat right!  It’s temping to try to subside on pizza alone. It’s tempting, pizza IS my favorite food, but nightly pies will not do your body or mind any good. At least throw some vegetable toppings on them occasionally!  I’m not telling you to never indulge, but try to make an effort to maintain some healthy eating, which will make you feel better, AND give you better fuel to study.  A great option if you are in the Brookline area, is Boston Pita Pit on Harvard St is a great option to eat healthy and yummy!

Also, continue to go to the doctor or dentist regularly.  No one wants an attorney with funky teeth!  Not to mention, you will miss more class, AND more study time, if you put things off. 

Remember – law school is tough, and it’s a lot of work, but it does not have to consume your ENTIRE life.  Bottom line; take care of yourself!

Case Book: Essentially, your text books. They will not read like a typical text book you had in undergrad or high school, but instead, a case book is a collection of cases, with very little in between.

Case Brief: Your first year of law school you will be reading a ton of cases, and a brief is something you use to summarize those cases. It contains important information about the facts of the case, the holding, and the reasoning behind the holding. Essentially everything you need from the case, so you don’t have to re-read it before finals. Also, it is important to note that there is no ONE “right” way to brief a case, it depends on you, how you learn, and what your professor wants you to get from a case.  A bit more in depth on case briefing; http://thebarexamdossier.blogspot.com/2008/09/how-to-prepare-for-class.html

Black Letter Law: These are, in short, the rules you are going to be using. Law school is all about teaching you how to read and interpret cases, and what they mean. The black letter law is what you want to start with. For example, what IS a contract. Or, how does one define battery?

Outlines: This is what you use to condense everything you learned in the past semester. Just like with a case brief, there is no ONE right way to outline, it depends on your learning style, and sometimes the structure of the class. At the end of the semester, your outline is what you want to use to study for your finals.  An article on outlining, http://thebarexamdossier.blogspot.com/2008/09/outlining-when-you-dont-even-know-where.html

Supplements: You will probably hear a lot of classmates talk about supplements. Or upperclassman. They are study aids that help you navigate your casebooks, and often define the black letter law when your casebook fails to do so.  Examples and Explanations, published by Aspen, is one such supplement.

IRAC: You will be hearing a lot of about this, and no, it’s not the country. Sometimes it will be referred to as CREAC as well.  Simply put, this is how most law professors want you to write your exams, and it stands for “Issue, Rule, Analysis, and Conclusion”.  More in depth on IRAC; http://www.lawtutors.net/you-need-to-irac-on-law-school-exams-no-matter-how-much-it-hurts/

Tort: A tort is a civil wrong.  It is also one of the first classes you will take in law school, except very few people will tell you what a tort is.  They sort of just expect you to know it’s not a sweet pastry! You may also be asking, “well, what is a civil wrong”, and the answer to that, in short, is those things that personal injury attorneys sue people over. You have all seen the commercials about slip and fall accidents, well, THAT, my friend, is a tort.

If you keep hearing a word in law school that is not on this list, do not be afraid to either look it up (Black’s Law Dictionary is great!), ask a professor, or ask me! There is no such thing as a stupid question, and do not assume that everyone around you knows what everything means. They are probably just as lost as you are!

First and foremost, enjoy your remaining down time. Take the next few weeks to spend time with family and friends, and just generally get your life in order. You don’t want outside stress to come in, as much as you can help it, since law school itself is stressful enough.

Second, try to familiarize yourself with how to read and brief a case before the stress of class sets in. Many of your law schools might have an orientation program that focuses on this, and LawTutors, LLC has a “pre law program” that teaches you what to expect with your classes, as well as how to brief and read cases. <a href=”http://thebarexamdossier.blogspot.com/2008/09/how-to-prepare-for-class.html”>I’ve also written a previous article on how to prepare for classes.  </a>

Becoming familiar with the layout of cases makes the reading less daunting when classes finally arrive. You may be thinking that you’ve made it into law school, so obviously you know how to read. This is true, but keep in mind that a case book looks nothing like a text book. And, in most law schools, no one tells you what you should be taking away from reading a case. The more practice you have, the easier it becomes, so take any free time in August to try your hand at a few. That way, they won’t seem so strange when classes begin.

Before I started law school, I also glanced through a few <a href=”http://www.amazon.com/Law-Torts-Examples-Explanations/dp/0735540241/ref=sr_1_3?ie=UTF8&qid=1249588506&sr=8-3″>Examples and Explanations</a>, which is now my favorite supplement; I recommend them to all of my students. They allowed me to learn some very basic black letter law so that reading cases was not as daunting or confusing. It is important to note that your case books will not teach you black letter law, which is why books like E&E are very helpful.

Also, don’t be afraid to ask questions, you don’t want to go your entire semester without knowing what an outline is, or what it means to “brief”. Don’t be afraid to go to upper classman, professors or advisors. Also, a great book to read in August is <a href=”http://www.amazon.com/Law-School-Confidential-Revised-Experience/dp/0312318812/ref=sr_1_1?ie=UTF8&qid=1249577931&sr=8-1″>Law School Confidential</a>. It was a favorite of mine, and helped clear up a lot of confusion.

I also recommend <a href=”http://www.amazon.com/Guerrilla-Tactics-Getting-Dreams-Employment/dp/0314176772/ref=sr_1_3?ie=UTF8&qid=1249579529&sr=8-3″>Guerrila Tactics for Getting The Legal Job Of Your Dreams</a>. Yes, it focuses on careers, but also imparts a lot of helpful hints on things you can do during your first year to help yo land that ideal firs job!

Also, don’t be afraid to go to professors with questions! As a professor myself, I consider part of my job to be answering student’s questions, and get very bored during my office hours if no one comes to visit.  We don’t want our students getting confused or falling behind, so don’t be afraid to visit us! Many first years are terrified to visit during office hours, and I assure you, we don’t bite!

Lastly, get to know the city you are in, find a good place to study, know your route to and from law school, find good places to eat, find a good gym, all that stuff that will make life so much easier when law school starts.