Clearing the Bar (Exam)

So whatever happened to N?

2010-09-17T02:24:00.000-07:00

I kept this blog up for a few years after I took the Bar (for the second time) in the hopes that my experiences might be helpful to others. I occasionally get e-mails from readers, which I greatly appreciate (they make my day!), although I acknowledge that I am terrible about checking the e-mail account that I use. And I just found out that my Confused Law Student gmail account was hacked. Wow. I am so sorry if you got an e-mail from my account on August 28. That wasn't me. Hopefully, we all know by now not to click on links that reference "pills." Regardless, I apologize and hope that no one was negatively affected by said hacking.

Today, after a long hiatus, I feel like writing again, mostly because I am about to embark on a journey that I hope will help me get my life back on track.

A bit of background:
Is N happy as a lawyer?

Sadly, no. I was very fortunate to practice at a well-respected plaintiffs' firm after passing the Bar. I'm sorry to say that I was not a very productive associate, and I ended up leaving the firm when it was obvious that my previous work product would not allow me to advance there. Thereafter, I worked for a really amazing solo. My boss was a tremendous mentor, both professionally and personally. However, it became very obvious to me in a short period of time that I actually hate litigation. With a passion.

For a while, I was uncertain if I hated litigation, or private practice. Since I had enjoyed my summers working in government, I began applying to every open position in which I was remotely interested. I had five interviews with the federal government, during one of which I was asked if I was Jewish. That was awkward (not to mention, totally inappropriate, illegal, and brought back unfortunate flashbacks about X). But otherwise, I thought it was a good interview, except for the pesky fact that I didn't get a callback. I had another interview in which they asked me about my grades . . . it's not like I can really say, "My fiancé cheated on me and I was too weak to fight against the pain, but now, I totally get how to do it." I was also pissed that they made me fly out 3,000 miles at my own expense to ask me that. They had my transcript before I interviewed -- was there an answer I could have given them to make them ignore my grades?

I quit my job last year and sought a job in an alternative, but law-related, field, but multiple interviews yielded no jobs offers. So the cold hand of the law sucked me back in and I ended up working for another solo. I found that working in another practice area didn't alleviate my hatred of being a lawyer. At least the solo's office was close to my home and my hours were flexible enough that I started working out six days a week. Working out is the best therapy. I may be screwed-up, but at least I'm healthier.

I recognize that I was very lucky to be working, especially given my poor grades and lackluster performance in my first job. But at the same time, I figure that the time I've spent in the law is a sunk cost, and if I want out, there is no point wasting more time practicing.

What is N doing now?

After feeling stagnant in my life for over a year, I have decided to travel abroad for three months, mostly in India. When I tell most people about this, I get the response, "Oh, like Eat, Pray, Love." Yes and no. Yes, I am traveling because I feel disenchanted with my life, and there will be yoga, but no, I am not planning on writing a book about it. But hey, if I can get everything I want out of life after this trip, I'll take it!

I did read the book (after a friend, sick of my whining, gave it to me and simply said, "Read it!" in Fall of 2007) and at the time, I liked it. But now, looking back, the whole "self-discovery" process seems a bit contrived. Some common criticisms of Elizabeth Gilbert revolve around her being perceived as selfish (see, e.g., http://www.worldhum.com/features/travel-books/one_mans_odyssey_into_eat_pray_love_20080211/). I do get how people see her as whiny. But being lost in your life, I also get. So I don't quite know how to feel about her.

Did N ever get over X?

X was such an important part of my life when I took the Bar (and one of the reasons, I believe, that I had to retake it!), I have to include this. This is a hard question to answer. (Then why do I ask it? Because I'm interested in the answer, even if no one else is.) On the one hand, I still recognize that X was horrible to me sometimes -- and quite a bit at the end and thereafter (and, to be perfectly fair, I was also horrible to him at times) and that a continued relationship with him would have only brought me more pain and career ruin. But, on the other hand, I still don't trust men (and I was always the most gullible person I knew!) and I haven't been able to have a real relationship since X (although, I haven't really met anyone with whom I would want to have a relationship). And my radar is totally broken -- I can't tell when men are interested in me. This makes flirting, dating, everything, really difficult. I think I'm just lost. I'm hoping that some time away will help. Maybe it won't. But it can't make things worse, I think.

Moral of the story:

Don't let men fuck you up. Although you might get a free trip (haha, parents are hoping I'll get married -- that's so not happening!) to India in the process.

Hmm, I've kind of got Elizabeth Gilbert's whiny, privileged chick thing going on after all. Maybe I should write a book too . . .

Thank you, dear readers, for all of your support over the years. You have showed me that the way out is the way through.

For Those Awaiting Results

2007-11-13T15:59:00.000-08:00

You've waited months. The date that you've both wished would come and have dreaded is near.

I ran across the below quote today. At first, it made me reflect on my own life, but then I realized that it's so timely, given that California Bar results are coming out Friday.

Good luck everyone. Please e-mail me or leave me a comment, pass or not. All of you were there for me when I took the Bar, all I can do is return the favor.

"The lesson is that you never know in life whether something is going to work out to your advantage, even if it seems to be a terrible impediment."

-- Justice Ruth Bader Ginsburg, Legal Times, Justice Ginsburg Remembers Her First Steps in the Law, November 13, 2007.

GOOD LUCK!!!

2007-07-23T15:25:00.000-07:00

I wish all of you good luck. There is so much more I've wanted to write these last few weeks. I started as an associate at the firm where I worked as a law clerk from Sept to Dec 2006 and it's amazing how the day just flies by. My 3-hour round trip commute doesn't help either.

Whether you've studied your hardest or slacked off all summer, you cannot worry now. Get a good night's rest and go in tomorrow knowing that you have everything you need to pass this exam. It's in you. Above all, stay calm, follow directions, and use a lot of headings! Good luck! And come back and tell me how you did!

N's Outlining Process . . . or Lack Thereof

2007-06-04T13:43:00.000-07:00

So a reader asked, in a comment to the post prior to this one, if I could e-mail him regarding my outlining process. I didn't really have a process, but this is what I sent him:

Torts was my first outline. My BAR/BRI notes from the summer were actually pretty good -- I had typed them and they were almost complete. So when I took BAR/BRI again, I just added to the outline from the lecture, from the multiple choice problems that I had missed, and from sample essay answers. I did Crimes and Evidence in the manner. I outlined Contracts during class, but then my fingers got tired and I stopped about five-sixths of the way through. =) I made Property, CP, and Trusts flashcards during the lectures, but I never printed them! I just preferred to read my outlines. I also did my PR outline during the lecture and then added to it when I found rules while going over essay questions.

Then came the cramming. The Monday before the Monday before the exam (so about nine days before the exam), I typed out Wills and Trusts (I had some typewritten notes, but I added a lot that day). Then, in the week before the exam, I did the Property outline and half of a Remedies outline, and just made crib sheets for Con Law, Corps, and Civ Pro. I would have liked to do full outlines, but I felt it was more important for me to go over essays and then make crib sheets based on what issues/rules kept coming up. For CP, I just wrote out the rules; I felt that it was more organized that way than opposed to an outline.

I'm happy to share my outlines with anyone who e-mails me.

Good luck studying!

What I Did and What I Should Have Done

2007-06-01T20:32:00.000-07:00

Dear Readers,

I apologize for disappearing for a while. I volunteer with a couple of different organizations, and this week ended up being a particularly busy one.

I have written out my personal thoughts on how to study for the Bar. Of course, everyone studies differently, and especially, everyone studies for the Bar differently. For some, how they studied in law school works; for others, they need a whole new method. Or you can be like me and never have studied in law school, and have to start from square one.

For Everyone:

1. Integrate the PMBR course(s) into your studying.

If you took the 6-day PMBR class, type up your PMBR notes into outline form. Then, in BAR/BRI, you can type your notes into your outline during class or after class. That way, you'll have six outlines done within the first few weeks! Of course, you'll have to add on to your outlines, but it's great to have something off of which to start.

If you can, go over the 50 practice questions per subject from PMBR again, adding what you missed into your outline. Put the question number and booklet name in parentheses so that you can go back to the question later if you want to.

If you take the 3-day course, it is worth it to go to the reviews of the answers, even though they give you the review. You probably won't have time to go over them all alone, and the instructor usually gives some good hints verbally. And he usually doesn't waste time with dumb questions.

2. Pay attention in BAR/BRI.

Sounds simple, but you would be surprised how many people don't, myself included. Bring food, coffee, soda, whatever you need to keep you going. Do not go online. That is bad. You think you can reply to email and pay attention at the same time, but this is a lesson I should have learned in law school -- you get distracted, and all of a sudden you hear the professor say, "And that's the most important thing you should know about this area." And you go, "Fuck!"

3. Try to keep up with the BAR/BRI Paced Program schedule, but modify it for your own schedule.

It's so easy to say, "I'll do it tomorrow," but tomorrow never comes. You blow off one essay, and all of a sudden, you have several essays in each subject to go over, and only ten days until the exam!

If you can't do all 74 of each type -- introductory questions, intermediate problems, advanced problems, it's okay to do only 40 or 50 of them. I really think it's good to do each type, because the advanced ones note minor distinctions in the law, which are good to know, but the intermediate ones are like the ones you get on the Bar, and the introductory ones are good, because sometimes the easy questions have answers that are very similar. Also, you may not want to do all the BAR/BRI multiple choice questions so that you can have more time to do PMBR questions (more on that later).

I think it's important to do all the written hand-in assignments. Even though BAR/BRI feedback isn't the best, most of it is helpful. And try to do the assignments without looking at your outline or the sample answer. It's painful, but it's good to get used to looking at a blank piece of paper and writing something on it. I actually hadn't really written any essays on my own going into July, and just staring at the blank screen during the exam was a little freaky. And when you get your essays back, ACTUALLY look at them. You would be surprised how easy it is to skim it over and then forget about it. And then, maybe about a day later, so you've forgotten the actual answer, rewrite the parts of your essay that were below passing.

As for essays, I think you should write out two per subject at least, and outline the rest. But don't just compare your answers to the BAR/BRI ones. The BAR/BRI sample answers are long and super-detailed. Check out the selected answers on the State Bar website. The Bar Examiners pick the "top" examinee answers, and they're often not all that well written, and actually have incorrect statements of law. So you don't have to write a perfect answer to pass. You just have to format and phrase your answer properly.

It really is IRAC all the way. And use all the facts you can in your analysis. If you didn't use all the facts, you are probably missing an issue. I tried to rewrite the entire fact pattern in my answer. =) But I'm crazy. Finally, use the exact language the fact pattern used. We are taught to write with synonyms, to not use the same words repeatedly. Fuck being creative. If A pushed B, then A pushed B, he didn't shove her, or tap her, or run into her. Keep the language. Then you can say that the push was a deliberate action, and thus, there was specific intent.

4. Allocate your study time.

Read Conviser before each subject, outlining as you go. It really is easier to understand the lecture if you've reviewed the material. Even if you know the subject well, just skim Conviser -- it's surprising how many small random rules you may not have learned in law school. Then go to class and pay attention. You can take your notes into your outline, or, after class, incorporate your notes into your outline. It's time-consuming, but it's worth it in the end. You really don't want to go that ridiculously thick workbook two weeks before the exam. But even if you take notes into an outline, go over your notes every day. Later on, you won't have time to fill in any blanks.

4. Learn from your mistakes.

When you miss a multiple choice question, note it down somehow. For each of the six MBE subjects, I kept a list of the question number, the actual question, and the explanation of the law. I also put my notes from the audio workshops here. Later, I integrated this information in my outlines.

I also kept a list of things I tended to miss, per subject, when doing essay questions. For example, in con law, I always freaking forgot to explain how the action was state action in a con law question. It was just too obvious. But you have to state the obvious on the Bar. I looked at this list about once a day, and eventually, especially after going over prior exams, I started remembering to write about state action.

5. Keep a list of essay topics.

This will show you what topics are repeated frequently and helps you create a checklist for yourself of things to look for in a question.

My checklist for Wills/Trusts:

Question Topics:

· EA Essay/Simulated Exam Essay: conflict of laws, specific vs. general gifts – stock and automobile, class gift, anti-lapse statute

· Question 1: validity of a will, signature of witnesses, revocation, DRR

· Question 2: duties of trustee, allocation of cash and stock dividends, self-dealing, allocation of capital gain, act with skill

· Question 3: validity of a will, interested witness rule, specific v. general devise, integration, incorporation by reference, independent significance, codicil, secret trust/semi-secret trust

· Question 4: revocation by written instrument, physical act, or holographic will/codicil, revival, specific v. general devise, intestate succession, anti-lapse statute

· Question 5: elements of a valid trust, duties of a trustee: loyalty, Prudent Investor Rule, earmark assets, diversity assets, and follow instructions, innocent donee, negligent co-trustee

· Question 6: integration, incorporation by reference, independent significance, codicil, holographic will, revocable trust, pour-over trust, Uniform Testamentary Additions to Trusts Act, pretermitted heirs, anti-lapse statute

I didn't have time to type up Questions 7-9, but you definitely should try to go over all the essay questions in the BAR/BRI book, plus as many as you can from past exams that aren't covered in the BAR/BRI book.

The third thing that I did that helped me most was to create a half page to one page overview of each subject, including language to use in an answer. For example, my most basic Trusts language was:

A trustee can only exercise express or implied powers. Under the terms of the will that created the trust, the trustee was granted the power to ___________________.

A trustee is in a fiduciary relationship to the trust and its beneficiaries. A trustee must exercise a degree of care, skill and prudence as an RPP in managing his own property.

A trustee owes a duty of undivided loyalty to the trust and all its beneficiaries.

Adachi's Bar Breaker books give you templates for answers, which were very helpful, but you can also come up with this stuff from just reading your outlines and the sample answers. You'll start to see the same language appearing again and again. BAR/BRI teaches you to memorize a short paragraph for the Community Property question (e.g. CA is a community property state. Any property before or after marriage or after permanent separation) is SP. Any property acquired during marriage is CP. Any property acquired via gift, bequest, or inheritance is SP. The characterization of an assert as CP or SP depends on the source of the item, actions by the parties which may have changed the character of the item, and any statutes applicable to the item.) But really, there are paragraphs for all the subjects, and then paragraphs for the subsets of the subjects. Learn these, and your essay will practically write itself!

6. Don't overload yourself.

I was the Queen of Supplements of law school. I liked the having all of my books lined up like the colors of rainbows. But I ended up not even using most of them. Don't waste your money on buying more books and flashcards. In Essay Advantage, we used excerpts from Jeff Adachi's BarBreakers book, which is quite good. Aside from that book, I don't think you should consider getting others, unless you find one that you think matches your study style very well, and has the law set up differently than BAR/BRI. I also really liked Adachi's flashcards. You can purchase Adachi's books and flashcards at Amazon and via his his own website.

7. Eat, drink, and sleep.

Continue doing normal things. Remember to eat. Try to exercise. Get your eight hours (or whatever you need) a night. Even watch tv. Studying for the Bar 24/7 will only make you crazy. I did have friends who burned out. Some passed, others didn't.

I have a lot of trouble concentrating, so I used to study for 50 minutes, take 10 minutes off, and then start the cycle again. Plus, I would take 30 minutes to 60 minutes off for meals. And I love watching tv. So I watched an hour of tv a night, usually while eating. You guys are lucky. We're in repeats now, so there is less temptation. But it's okay to do things you enjoy for a few hours a day.

I actually lost five pounds while studying for the Bar. Not great, but better than gaining five pounds. And I wasn't eating all that well either. But I worked out up until two weeks before the exam (and really, should have kept going even then).

8. Little things to consider for the Exam itself:

Be heading happy. I seriously had a heading every 1-2 paragraphs. Make your headings arguments, not just statements, if you can. For example, don't just say "Robbery," say "A committed robbery when he snatched B's laptop out of B's hand." It might be hard to have subheadings for this issue, since the heading is basically the analysis, but sometimes, even simple issues can require analysis.

If you run out of time (but you shouldn't, once you learn how to allocate your time), just state the rule in a sentence and then apply the facts like crazy. I am very bad with time allocation, so I only had 40 minutes for Essay 3 (Crim Law -- Murder/Manslaughter/Insanity Defense) and 30 minutes for Essay 6 (Evidence -- Spot the Objection). Don't do that; I was seriously freaked out that I would fail the Bar because I was a perfectionist who couldn't let go of the first two essays each day until it was too late. But I did type like mad for both essays. For Crim, I knew I just needed to bang out the rules and the analysis, so I did.

Check out my checklist too!

9. Part of my What's Hot, What's Not from January:

Hot	Not
BarBreakers Flash Cards	PMBR Flashcards
PMBR MBEs	BAR/BRI’s MBEs
Doing practice essays.	Waiting to do practice essays until you “learn the law.” Which you never do.
California Bar Sample Essay Answers	BAR/BRI Sample Essay Answers
Doing 25-75 MBEs a day.	Telling yourself you’ll do 200 MBEs a day and then getting discouraged.
Listening to PMBR CDs on your iPod.	Listening to PMBR CDs on your computer.
Actually attending the PT workshops and practicing a few.	Ignorning the Performance Test.
Working out.	Eating junk food during class. (Well, maybe sometimes it’s okay.)

10. The Bottom Line:

I did not study in the typical manner. Most of my friends went to class, took copious notes, made hundreds, if not thousands, of flashcards, and did almost every, if not every, BAR/BRI assignments. I don't work like that. The second time around, I went to class, both the Paced Program and Essay Advantage, filling out the BAR/BRI workbook, but only taking notes in Essay Advantage when I felt like it. I turned in all the assigned essays. But I didn't write out any other essays. I should have done at least 2 more a subject, but I cut things to close, so I only had time to go over essays by reading the question, doing a quick outline, and then reading the answers. I did this in the last week before the exam, but I am one of those people that will study at the last minute, 9 am to midnight, fastidiously checking my MySpace, Facebook, and Friendster pages every half hour -- I do like to procrastinate!

I did about 75% of the BAR/BRI multiple choice questions, and while I meant to do the PMBR questions in the red and blue books, it didn't happen. I ended up only going over some of the ones from the 3-day course. But I have weird luck with multiple choice. I tend to do well on it. I guess I'm good at things that don't really test your knowledge, just your ability to guess. But one good piece of advice that I got was that if you're stuck between two answers, go back and read the question. At least half the time, I was able to knock out one of the answers. I have no idea how I did on the MBE, but going in, I was at about, or just above, the average rate using this strategy.

In sum, I think you can just do BAR/BRI, and not even ALL of it, and pass. You just have to do what works for you.

That's all I have for now, but if I come up with anything later, I'll post it. Good luck!

For Repeaters:

1. Go over your past answers.

I know it's painful. It's terrible. But you have to do it. You have to see what you wrote and what you "should have" written. Obviously, the "model" answers have mistakes and some of them are pretty terrible. It sucks that such a shitty answer is the one the Examiners picked for the website. But think that, then put it aside and note the good things about the answer. As you go over the answer, highlight the parts of your answer that match the sample answer. Observe what you missed, what you didn't explain fully, and what was redundant or unnecessary.

Look at prepared sample answers. This past Wednesday, the Recorder published sample answers put together by various professors and attorneys. They seemed pretty good to me. If you take a course for repeaters, they will probably give you sample answers. Even if you don't take a course, see if you can get a copy of good sample answers from a friend who is enrolled in a course. You should also compare this answer to yours.

Maybe even take a look at the answers of a friend who also did not pass (I refuse to say fail -- you did not FAIL, you just didn't meet some fucking arbitrary level of "understanding and analysis of the law," whatever the fuck that means). It can be very helpful to see what you both saw, what you didn't see, how you both phrased your analysis, etc. Further, if you got a 70 on one essay and your friend got a 55, seeing a 70 answer could help her, and the same is true of her answers where she received the higher score.

Then, after you study the subject (which may be weeks from now), rewrite that answer. When you're done, compare it to a sample or prepared answer. You will know that question now. And you never know -- it can appear again! Both July and February had commercial speech on them. I wasn't ready for it in July, but I knew enough to write a decent answer in February. At the very least, you'll know it well enough for the MBE if it's a MBE subject, and even if it isn't, it might end up as part of a question (e.g. Wills showed up on both July and February).

2. Consider taking a course.

You have to think about why you didn't pass. Were you just having a bad test taking day or days? Were you ill? Were you nervous? Were you unable to prepare? Did you not study? Did you not know how to study for the Exam? Answering these questions can be very hard. But if you're honest with yourself (and you don't have to tell anyone what conclusions, if any, you came to), hopefully, it will help you decide if you want to take a class and which one.

I personally took BAR/BRI's Essay Advantage in SF. I highly recommend it. I personally found the reviews of the subject areas, which were usually 1.5-3 hours long (both live and taped) kind of boring, but then, I also re-took BAR/BRI (a decision I will discuss below). Some of the taped reviews are the EXACT same ones you saw in the Paced Program. But a review is just that -- a chance to look over the material again. Even seeing something for the second time can be helpful. And the vast majority of Jeff Adachi's reviews were quite good. He knows how to break down a subject. Some of his mnemonics are stupid (see a good post over at una donna's blog), but I did end up using some of them for the Bar.

For me, the best thing about Essay Advantage was that we wrote at least one essay in-class every time we met, two if we were doing two subjects in a day (e.g. Real Property and Community Property). Being forced to write essays was a good thing, because I only did the Essay Advantage and BAR/BRI essays. I am not disciplined enough to write out an essay on my own. I only outline answers, if that. But through my BAR/BRI Paced Program and Essay Advantage classes, I wrote 1-2 essays on each subject. While BAR/BRI's readers don't provide a whole lot of feedback, SF's Essay Advantage reader is freaking awesome. I seriously want to send her flowers or a fruit basket or something. She gave very detailed comments, and ACTUALLY gave us a numerical score! That really helped me determine where I was in terms of passing. And it gave me confidence.

The crappy thing about Essay Advantage is that it is exhausting. It is from 9-5, if not 6, once a week, and a few times, twice a week, usually both Saturday and Sunday. If you're not working full-time and not taking another Bar course, it shouldn't be too terrible. But if you are doing other things, Essay Advantage may not be worth it for you. There is no point in spending $1,300 if you can't stay awake or focused enough to participate.

I can only speak to how Essay Advantage was run in SF. I know it's different in Sac, LA, and SD. I would recommend calling the BAR/BRI office or asking a friend about those programs.

I chose to retake BAR/BRI because I literally did not pay attention in BAR/BRI the first time. I was late a lot too last summer. The second time, when I was filling out the workbook, it was not rare to find multiple pages in a row blank. Not good. Retaking BAR/BRI was pretty much like taking it for the first time. I remembered the jokes, but that was pretty much it. I probably had a better basic knowledge of the subjects than most of my classmates (the vast majority of whom were taking it for the first time), but I needed to learn the specifics. If you have your BAR/BRI notes and books, you do not need to take BAR/BRI again.

3. Go over old exams.

I believe, next to Essay Advantage, that this is the reason I passed. Actually, a friend who works for PMBR gave me this advice after she passed her second time taking the Bar.

The BAR/BRI Essay Book has something like 5-9 essays per subject, and I did go over most of those. However, I also printed every single question and answer from the last five years from the State Bar website, throwing out the ones that were in the BAR/BRI book. I ended up going over ALL of them the week before the Bar. I do not recommend that. I don't know how I went over something like 70-100 essays in 7 days, but I'm a crazy procrastinator, so I somehow managed. I think you should do most of them while you are studying subjects, leaving just one or two per subject for the days before the Bar.

Take a highlighter (can you tell I like highlighters?) and highlight the questions and phrasing that keeps coming up in the exams and answers. It's a little hard to do at first, and you'll probably have to go over the first few again after you get to the bottom of the stack, but I found it really helpful to do this. They really do start repeating questions, or, at least, parts of questions. I found this method especially helpful for subjects that were more difficult for me -- I learned the law by reading answers.

4. Take care of yourself.

If you decided to take July, it's not worth getting sick over studying. It just makes it harder for you to concentrate. Trust me here, I went through this. I know that's easier said than done, but try to remember that if things don't go your way come November, you'll have been sick (and possibly still sick), and still not have passed. You're just shooting yourself in the foot if you study night and day and torture yourself. You have to learn to let the past go. Again, easier said than done, and I myself am TERRIBLE at this. But please consider some options, including: leaning on your friends, family, clergy, whoever you think can help you, seeing a doctor or a therapist regularly, exercising, eating well -- whatever you think will work for you.

I watched a lot of TV, listened to music, drank vanilla lattés or Coke every day (for some reason, they give me energy and peace) and literally had a list of friends I would call, IM, email, or drop in on when I needed someone to talk to. There is not a doubt in my mind that my friends have saved me three times in the last seven and a half years: (1) When my high school boyfriend broke up with me my freshman year of college and I had a nervous breakdown, (2) When X cheated and kept breaking up with me in law school, culminating in the last breakup a year ago, all of which resulted in MULTIPLE nervous breakdowns, and (3) the aftermath of failing the Bar, which was more of a semi-nervous breakdown (I get to say failing in regards to my own performance, because I was a wuss last summer. But I've forgiven myself and moved on. In the end, I think failing made me a better person and will make me a better lawyer).

I know I didn't always take care of myself. Sometimes, I tried, and nothing worked. But it did work sometimes, and it started getting better.

And if you ever want to bitch to me, just post a comment or email. I love all Bar takers, but repeaters, I think we have a special bond. We have survived the "worst" and lived to talk about it.

5. Keep your chin up.

It's hard, I know. I used to cry in the restroom at work sometimes, and then come out, splash some water on my face (thank goodness for waterproof mascara!), and then go back to my desk. Not passing can be fucking embarrassing. I know I'm not the first person to say this, and I won't be the last -- but if you are a repeater, it doesn't mean you're not smart, it doesn't mean that you're not a good person, and it doesn't mean that you won't ever pass (at least, these are the three main thoughts that went through my head November 17, 2006 - May 25, 2007). If people give you shit, fuck them. They do not know you. People don't pass for several reasons, and sometimes it's just due to some fucking bad luck.

Try to remember the good things in your life. I personally love what Professor Shafiroff, the professor who taught Wills/Trusts in BAR/BRI said: 99.9% of world would trade places with us in a second. We have good lives. Failing the Bar is not the worst thing in the world.

I know it seems like it is at times, but it isn't.

You will have bad days. But try to keep your hope going. I hope I serve as a good example for some of you. I know my problems were very superficial, but they were mine, and they were hard for me sometimes. But when you survive an experience like that, and succeed, the feeling is so beautiful, I can't even describe it. But you will know for yourself one day, I promise. And I look forward to congratulating you!

A Year of Net Gain

2007-05-27T11:12:00.000-07:00

I PASSED!!!!!

2007-05-25T18:10:00.001-07:00

It is one of the most beautiful things I've ever seen. Thank you family, friends, readers, everyone!

I hope everyone else passed too!

Quarter 'til . . .

2007-05-25T17:45:00.000-07:00

I got my food. It's good. I wasn't the best driver, but I didn't cause any accidents. =)

I hate how I vacillate back and forth between thinking how happy I'll be when I find out I passed and freaking out that I didn't pass. This sucks majorly.

I try to remind myself, as I always do when I get big news, that this doesn't change who I am. And it doesn't. But granted, it does change my life. But I still believe things happen for a reason. At least, I hope they do!

Good luck friends.

I'm going to Taco Bell and Safeway

2007-05-25T17:15:00.000-07:00

I'm getting my own food. At first, I wondered if it was worth it to go out, but I have 44 minutes left. Better to have some food in me. If it comes to it, I would prefer to throw up than dry heave! Gross, I know!

Right now, I really want . . .

2007-05-25T16:57:00.000-07:00

a Starbucks vanilla latté, a jelly donut, and maybe a cheese quesadilla from Taco Bell. That's one thing that boyfriends are good for -- getting things for you!

Blah. At least my summer Bar buddy just send me a virtual hug!

Have you ever wanted something so bad, you could taste it?

2007-05-25T15:03:00.001-07:00

So I actually found this amongst my drafts, dated February 24, 2007, a few days before the Exam:

Wanting to pass the Bar tastes like Coke or vanilla lattés to me. Or maybe a little like vomit. Gross, I know.

I was dead on. Btw, I love Coke and vanilla lattés.

4 Hours!

2007-05-25T14:08:00.000-07:00

Three Days!

2007-05-23T14:57:00.000-07:00

Results come out in three days! The waiting time did seem to go by faster this time, but of course, it is three weeks shorter than waiting for results from July. Also, I was in India for a month and have spent the rest of my time relaxing as much as possible, so it's not like I'm at work with my mind wandering.

Goodness, I hope we all passed! I know having to take it again would just be so difficult -- mentally, emotionally, physically, monetarily, and professionally. I do feel like I've lost about six months of life -- while I was able to work from September to December, I studied January through February (well, "studied") and then I went to India.

On the bright side, I know I'm lucky to have found work in the fall, because many of my friends didn't, and at least I got to go abroad and have some time to figure my life out. Although I don't feel 100% "normal," I do feel healthier, both mentally and physically, and that makes all the difference. I guess we'll just see what happens!

Good luck everyone!

And congrats to all the 2007 grads! I will post some Bar advice later this week! Of course, take it with a grain of salt -- everyone is different, and who knows, maybe I'll have to take it with you in July! Oh, that's depressing!

Well, if I don't pass the Bar, maybe this is an option . . .

2007-05-04T23:40:00.000-07:00

Akin Gump attorney by day, escort by night

Less than a month!

2007-04-28T14:28:00.000-07:00

I did my best to not think about the Bar while I was India. It actually worked most of the time. I guess, when you're a repeat-taker, you know there is no point in worrying. You might as well enjoy your time off from studying. And since I was away from the U.S., it was easier to not think about it, although, enough of my relatives did ask, "What are you doing now?," and when I told them, they always asked, "When do you find out the results?" Ugh.

I hate having my life put on hold. I'm looking for a law clerk job -- if I pass, I would continue working until I found an attorney position, and if I don't, I would want to work until July. Not working definitely gave me more time to study in January, but I didn't really take advantage of it as much as I should have. I might be better off working and studying. But I don't want to think about that right now. Better to just enjoy life now.

If you read my other blog, you know that I'm kind of going through another tough time. That does not help the Bar anxiety, nor does waiting for Bar results help me move on with my life. It's a little hard to date when you're depressed, living at home, and unemployed.

But I feel better now. I'm having one of those rational moments where I know that it's not my fault that my beloved fiancé cheated on me and treated me so badly. I also know that even though we were once deeply in love, it's not healthy that I'm so willing to forgive him. I think I dodged a bullet.

Best of the Bar, Days 1-3

2007-03-24T10:09:00.000-07:00

A blackout, a car accident, and a Corporations question.

It's been three weeks since the Bar ended. I've wanted to write for some time, but everything just seems like so much effort. I think, even thought I didn't study very much, I was somewhat burned out.

I was so exhausted the first night, I just came home, ate, watched Gilmore Girls and went to bed. I was so much more tired this time. I don't know why. Maybe because I didn't have that same quasi-excitement I did the first time. I was a little more mellow though -- I didn't freak out when it's almost time to go in; I knew that there was plenty of time to get in the room. Seriously, we don't really start until after 8:30 am or 2 pm. I was less hungry this time, which was interesting. I never knew taking the Bar could be a diet plan.

I got to meet one of my readers the first day, which was awesome. She's really nice.

I saw a lot of people I knew at the Bar, most of them repeaters. I guess a good number of us got killed by July.

So that first day, I was so shocked to see a Corporations questions! I still don't know what the requirements for a shareholder agreement are. I was so lucky that the Property question was leases and assignments and easements, and not something harder. Crim Law was awesome, but I totally ran out of time. Same for Evidence on Day 3, although it was hard to see the issues in Evidence; hopefully, I pulled off a 60 or 65 on that one. I am so glad I remembered Wills! That was a little random . . . no Trusts, but Wills with CP. I cannot believe they did Con Law commercial speech again! Fuckers.

So the blackout . . . on Day 1, in the afternoon, the lights went out for about 15 minutes. The aisle lighting was still going and almost everyone had light from their computers, so we just kept going. No one told us what was going on, but we could see the head proctors running around and playing with the wires. I went to the restroom, and when I came back, the lights were on.

On Day 2, my mom was on her way back from dropping me off at BART and someone took a left turn into her. She was driving our Civic, and the front end was totally bashed in. Luckily, both drivers were okay, although my mom did have some whiplash for a few days. The other driver admitted fault and our beloved Civic was taken by the insurance company. It was my first real car; I drove it senior year of high school. It was a good car; I'll miss it. My mom was just happy that the accident didn't happen on the way to the Bar. True.

I hope I passed the Bar. It's so hard to tell.

There is so much more I wanted to say, but I'm leaving for India in an hours, so I have to run! I just want to thank everyone again for their support. I'll try to post a few times while I'm abroad. I'll be back in the U.S. on April 23.

WE'RE DONE!!!!!

2007-03-01T21:59:00.000-08:00

I'm so tired! It all went by so fast! I have so much to say, will probably post by Saturday morning. But for now, I just want to sleep, eat, and watch TV! But I survived my second Bar! Yay!

All that's left to say is: "Good luck!!!!"

2007-02-26T21:48:00.000-08:00

The Bar exam begins in roughly 11 hours. I will leave my house at 6:30 in tomorrow morning. It's almost surreal.

I stopped doing the "When in Doubt" series. I wasn't coming up with anything funny and it was stressing me out anyway. I didn't give myself nearly enough time to learn Property, so I'm taking my chances that it wouldn't be anything past covenants, and I really don't know the material through covenants all that well either. Hopefully, Property, if it's on, will be Thursday. I will cram in some more in the morning though.

For some reason, I have The Doors' "The End" stuck in my head, particularly the lyrics:

This is the end
Beautiful friend
This is the end
My only friend, the end

Thank you for accompanying me on this journey. I kind of feel like I’ve grown up with you, my readers. I started this blog while I was engaged, and it has seen me through the breakup of my engagement, the devastating aftermath, "preparing" for two Bar exams, a move, my first real job, and many other important life events. In a way, this blog has documented my "coming-of-age" story. I appreciate all of your advice and support.

For the Bar takers, let's kick some California Bar ass tomorrow! To everyone else, smile, for you are not taking the California Bar over the next three days.

N's Hopes for the Exam

2007-02-26T12:08:00.000-08:00

What would make me happy:

Tuesday: Crim Law/Pro, PR, CP, even Evidence

Wednesday: 34 questions on Con Law, and Crim Law/Pro, and 33 questions on the other subjects. I do the best on Con Law, Crim Law/Pro, and Torts. I need every point I can get!

Thursday: Civ Pro, a Corps question on 10b-5 or 16b, one of the four above that wasn’t given Tuesday, anything really – at least we’ll have at least three fewer subjects to review Wednesday night than Monday night!

Rules for the Bar

2007-02-25T22:49:00.000-08:00

1. The more headings, the better. I’m actually going to see if I can get down to four tiers of headings . . . j/k.

2. When in doubt, make it up.

3. Claim a reasonable person standard applies. It probably does. =)

4. Talk about intent. Intent is usually important, whether the subject be Torts, Criminal Law, Contracts, Property, or Wills, Trusts, or Community Property. It even shows up in Con Law, e.g. discriminatory intent by the legislative body. You can’t go wrong talking about intent. =)

5. Always conclude. It makes your essay look neater, and it makes you look like you know what you're talking about, whether you do or not. There are a few BAR/BRI sample answers with which I disagree, but the writer chooses a side in the end and sticks by it. It's very effective.

6. USE THE FACTS! I’m actually going to see if I can rewrite the whole fact pattern, interspersed with my analysis.

7. Follow the instructions. Be a sheep. I prefer to be a lemming though, because I think the whole process of taking the Bar is self-destructive, as are lemmings.

8. No matter what, just keep writing.

9. Never delete anything. Just add a “not.”

10. Above all, don’t lose faith. “Never give up, never surrender.” – Galaxy Quest

The Time is Nigh

2007-02-25T20:54:00.000-08:00

It took so long to get here, and yet, I want more time. That's the way it always is.

I'm still studying. But that's who I am. I am a crammer. I will even be reviewing checklists on BART each morning. I decided to commute this time for a few reasons. One, I'll save $600, which is pretty good incentive.

But also, last time, I felt really, really lonely at the hotel. I'm sure there were at least 100 students from my school staying there including many of my good friends. My bar buddy was a few floors above me, as was one of my best friends. Nonetheless, even though their support is what got me through, I was still suffering.

I had spent so many years thinking that X (as I will now call my ex; it's faster) would be with me; it was very painful to be alone. When he took the Bar in July 2005, I wondered what my Bar experience would be like. Never saw this coming.

X had suggested that my mom stay in the hotel with me. My mom had suggested it too. I responded, "I'm not taking my mommy to the Bar with me." I have a reader whose mom is taking BART into Oakland with her, which I think is sweet, but her situation is different than mine.

I really didn't want my mom to be in the hotel room with me, because I needed my space to study and just do all the weird things that I do while I study, like dance and do sidekicks. But it's nice to know that I'm coming home to my parents, that dinner will be waiting for me, that breakfast will be made while I'm getting ready, that I will be taken care of. Sometimes, you need your parents.

My first laptop died my 2L year and I just transferred the music from my backup disk to iTunes on my current computer. It turns out that X bought iTunes on my old computer under his account, so now I can't play the mp4-formatted songs on this computer, because it's not authorized. I'll have to ask him if I can temporarily use his password to get access to the songs, and then transfer them. But I'm not talking to him until after the Bar. I'm not messing with my head anymore than I already have.

We're at roughly the 32 hour mark. Nuts. I'll keep posting until tomorrow night, so if you want to read the comments of someone who is freaking out more than you, I'll be here.

Back to reading Evidence Essays. =)

What the Bar has taught me

2007-02-25T17:53:00.000-08:00

1. I am not a reasonable person. At least, not according to the reasonable, prudent person standard, because I usually think that I would have done something different.

2. Common sense does not apply to the law. “If you go with common sense, you’ll lose.” – Jeffrey Sachs, BAR/BRI MBE Workshop

3. Law and Order is so much more wrong than I initially thought.

4. My ideas about justice are not aligned with the common law.

5. I really am OCD (that one is courtesy of a bar friend in Santa Clara).

6. I have no idea what is foreseeable. To me, everything is foreseeable.

7. Judges on reality shows are really, really crazy, not just crazy.

8. Legally Blonde, thought still fun, was a really, really bad movie just because of the awful courtroom scenes.

9. The California Board of Bar Examiners is a hateful group of people who like to pick on law graduates. j/k . . . maybe

10. I like lists. ;-)

The New and Improved Top Ten List for the Bar

2007-02-25T16:06:00.004-08:00

Last July, I created a list of top songs for the Bar.

Here is my new and improved list. Enjoy!

1. Don’t Stop Believing, Journey – No matter what happens, don't give up!

2. Keep Holding On, Avril Lavigne – See above.

3. SOS, Rihanna – It has a good, upbeat tune, but it’s also how we all feel

4. Lightning Crashes, Live – I find it very refreshing and hopeful.

5. Walk On, U2 – Same as #1

6. Ordinary Day, Vanessa Carlton – Remember, Tuesday through Thursday are just ordinary days. No pressure.

7. Say It Right, Nelly Furtado – Nice tune, plus, what we should be doing.

8. Breathe (2 am), Anna Nalick – Pretty song, and a good reminder (I often forget to).

9. Run, Chasing Cars – I find the tune uplifting.

10. The Black Parade, My Chemical Romance – Same as above.

And, for voluntary manslaughter – Heat of the Moment, Asia

Finally, for my fellow repeaters – Vindicated, Dashboard Confessional. Hopefully, we finally will be! =)

When in Doubt: Evidence

2007-02-25T16:06:00.001-08:00

Evidence

1. Talk about hearsay. It’s got to be in there!

2. Claim the FRE catchall allows the evidence in. =)

3. If you don’t now if a hearsay exception, applies, consider the trustworthiness of the statement to decide if it’s admissible or not. Essentially, that’s what the exceptions are about anyway.

When in Doubt: Crim Law and Crim Pro

2007-02-25T14:41:00.000-08:00

1. If you’re not sure which Amendment applies, chances are it's the Sixth.

2. Throw in everything but the kitchen sink. Better to spend a little less time on one issue than miss one. At least, the examples in the BAR/BRI are totally racehorse questions.

3. Discuss insanity. It comes up sometimes when you don’t expect it.

Maybe if I fail, I’ll try to write for Law and Order. I’m sure the people who write for it must have some experience in practice, but really, who better to get the law wrong than someone who has failed the Bar twice? Maybe someone who has failed the Bar more times, but that’s it. Also, I could totally write dialogue based on stereotypes and replete with super-scripted, totally obvious heated "discussions" between detectives about the War on Terror and immigration. I think I’m on to something here . . .

Law Students are Pretty Funny and Creative

2007-02-24T23:14:00.000-08:00

So after my mini-freakout session, I saw that my friend has posted a Craigslist link on her gmail profile. If you're depressed or stressed, take two minutes to read this. It's entitled, "Top 10 Law Firm Interview Questions."

I found it hilarious, although a few sentences were in poor taste, in my opinion. But the rest of it was pretty much dead on.

Law students and lawyers are very unhappy people in general. If I fail again, maybe the Universe is trying to tell me something.

When in Doubt, Double Edition: Con Law and Civ Pro

2007-02-24T21:23:00.000-08:00

Con Law

Con Law MDR Question 33 is an awesome Con Law question. The question provides four possibilities for the strongest ground supporting the constitutionality of a federal law that forbids the hunting of wild animals that wander off federal property. Choice (b) is: “The animals are moving in the stream of commerce.” The correct answer, which I got right by guessing, was (a): “This law is a necessary and proper means of protecting United States property.” I’m always wary of answer choices containing “necessary and proper,” but I guess they’re right sometimes.

1. Discuss standing. Argue both sides, but always continue as if standing exists. If standing isn't an issue, oh well. I doubt discussing it would hurt you if you have nothing else to say. At the very least, it will get you thinking.

2. In an essay, the act at issue is probably a state action. Otherwise, you wouldn't have much to talk about.

If they do First Amendment again, I’ll be pissed. Well, maybe there are a few areas that I would be happy to get. I want to get defamation, but I know we’re not going to get that lucky. But that would knock out two in one, maybe even three: Con Law, Torts, and Remedies. I would take Establishment Clause too. I’m all about the Lemon test. So I guess some First Amendment is okay.

Civ Pro

1. Say that personal jurisdiction exists. You can probably make up minimum contacts and bullshit that jurisdiction is fair and just.

2. Use the words "arises out of the same transaction or occurrence." It's in a few definitions, e.g. permissive joinder, amending pleadings, and supplemental jurisdiction. Maybe you'll stumble upon something!

3. If you're not sure if there is a right to a jury trial, pretend there is. Just say that the cause of action is similar to IIED, which existed in 1791 and is a legal cause of action. I hate this legal v. equity crap.

I still really don't have a fucking idea how to explain intervention, interpleader, and impleader. Why can I remember the lyrics to hundreds of songs, even if I haven't heard them in months or even years, but I can't remember something I "memorized" three minutes ago?

Sometimes I listen to my i-Tunes on my laptop when I work. My Chemical Romance's "Helena" just came up. I used to listen to it a lot in October and November of 2005, a rather dark time for me. Sometimes, I wish I could go back and talk to myself then, and, well really, smack some sense into myself. I would tell myself that I was not the stupid, ugly, fat, horrible person whom I thought I was, whom I let him tell me I was. I wonder if it would have made a difference.

At least I know now. "It's never too late to be what you might have been." - George Eliot. My freshman year roommate, with whom I took the Bar in July, introduced me to that quote in May 2000. I try to remember it when I'm depressed.

Now I've Seen Everything

2007-02-24T19:07:00.000-08:00

Apparently, Krispy Kreme came out with a "100% Whole Wheat Donut" in select locations on February 19. Wonder how that tastes.

I still have my donut craving. I'm getting one. Enough is enough!

The Starbucks near the Oakland Marriott are in the opposite direction from BART. =( But I'm getting there super-early anyway. I guess I'll see what I want to do.

Heaven for me would be Kingpin Donuts, Krispy Kreme, and Starbucks all available in one store. Yeah, I know, I eat like crap. But I also love carrots, celery, and spinach, so I'm a weird picky eater.

A Public Service Announcement from Your Friendly Neighborhood Bar Blogger

2007-02-24T15:35:00.000-08:00

1. DO NOT FORGET YOUR ADMITTANCE CARD or your ID. Sounds simple. But I'm sure someone does it at each site.

2. The Ziploc bag. My Bar buddy gave me this hilarious XL Ziploc bag. It could have easily fit my laptop. I'm actually considering bringing it this time, since I'm commuting, and while I will bring my backpack and stash it, it would be nice to just have one bag. Plus, as you all know, I love being the center of the attention, and a Ziploc bag that big would get some interesting comments. The bag literally comes up to my knees. I'll post a picture later.

Oh, so my point . . . =) Remember, especially if you're a commuter, to keep some cash and your keys in the plastic bag or your pocket. Those are things you do not want to leave in your backpack out in the hall. Even though I was staying in the hotel, I left my backpack with my lunch with the hundreds of other backpacks in the hallway outside of the testing room, but I wouldn't recommend putting anything you really need in it. I will have to leave my cell phone in it, but what can you do? If someone steals my phone while I'm taking the Bar, I hope they need it more than I do. Otherwise, they're really mean.

3. Even if you're typing, bring 3-4 pens in case you have to hand write. Be mentally prepared to hand write.

I personally know three people whose computers didn't work on Tuesday, July 25. One of them was my Bar buddy. He was pissed. He passed - he was mad, but he just wrote as neatly as he could, and stayed calm, remembering everything he had learned. Another was a classmate. All I could say was, "good luck" when I saw her tear-drenched face at lunch, her friends solemnly gathered around her. I don't know if she passed. Her name wasn't on the pass list, but I'm not sure if the name I know her by is her legal name. And the last, a good friend whose computer just died with 45 minutes left in PT A. Since she didn't know if it has saved or not, she rewrote the entire answer. She passed. She deserved it too. She's a very good person and has had a tough life at times. But bad things happen to good people.

4. Bring semi-sharpened pencils to the MBE. If they're too sharp, it takes too long to fill in the bubbles! And bring a very good eraser.

5. Bring a sweatshirt and some tissues. It can be a little cold in a big convention hall, although it does warm up.

6. If you take medication, make sure you have enough to get you through Thursday. You are allowed to bring in medication to the exam. I even brought my inhaler last time, even though I haven't needed it in ages. Better safe than sorry.

7. I wear contacts, but I bring my glasses just in case something happens with my lenses. I've been wearing contacts for seven and a half years now, but sometimes, especially lately, they do dry out and fall. You don't want to be looking for your contacts while writing Essay 3. Bring an extra pair or glasses.

8. Wear pockets. Hide your contraband in said pockets. See #9.

9. Food. They say you can't eat in the Bar. I beg to differ. Just be discreet. I, of course, have perfected my technique over 21 years of sneaking food in class. If you're not comfortable doing it, don't! You can take a break during the PT to clear your head and eat in the bathroom. Kinda gross, but it's not like your hands will be dirty or anything. And, after all, the average desk has about 400 times more bacteria than the average toilet seat. Although, I'm curious as to how "bad" most of the bacteria on your desk is as compared to the bacteria on a toilet seat.

Speaking of eating in the bathroom, if you see a short, round Indian girl wearing a sweatshirt with a front pouch (for hiding food), with her hair pulled into a high ponytail, eating Hershey's Kisses and almonds, or maybe a Chewy Oatmeal and Raisin granola bar, in the bathroom about 60 to 90 minutes into the PT, it's probably me. Feel free to say hi. =)

T minus 3

2007-02-23T18:29:00.000-08:00

I have a lot to do. I've only reviewed Wills/Trusts, PR, Corps, Torts, 1/4 of Crim Law, 1/2 of Civ Pro, some Remedies, and most of Contracts. So I have left: some Remedies, 3/4 Crim Law, 1/2 Civ Pro, a bit of Contracts, and all of Con Law, Evidence, Property, and CP. That's not good. Why do I always leave everything to the last minute? I really tried to do two subjects a day, starting last Tuesday, but I just got more and more behind.

My goal for tonight is to finish Contracts and Con Law, to do 2 hours of Civ Pro, and 4 hours each of Crim Law, Evidence, and Property on Saturday (I know, it's hard to do 14 hours in a day, and maybe not wise, but I'll see how I'm doing at 5 pm on Saturday and go from there), and then review Community Property, Performance Test Strategies, and look over some Crossover questions and MBEs. Monday will be spent going over checklists and reviewing PR especially, since that is my best subject and we know it will be on the exam.

I hate thinking of not passing. It's a fucking scary thought. I'm afraid it will break me. I'm afraid people will think I'm really stupid. I'm afraid it will totally fuck up my life even more. I keep telling myself to keep on studying and just try my best, but it's hard to remain calm. I guess I'm not quite free from my ex, because I keep thinking, "If I was with him, it wouldn't matter." Yeah, well, I didn't really feel that way when I was with him. I would get pissed off when he acted like my career wasn't as important as his. And while he did provide a lot of emotional support, I know that having a fiancé doesn't make failing the Bar any better in the long run, and that I'm just missing the role he played in my life.

So I tell myself that if I fail, I fail, and I retake. I'll work, get more experience, and study even more seriously. I'm terrified that I'm not smart enough to pass the Bar, but in moments of clarity, I know it's not the material. I know that I lost a lot of confidence in the last three years, and that, in addition to having already failed once, messes with my head. "The only thing we have to fear is fear itself." -- FDR in his First Inaugural Address.

I'm sleepy.

Earthquake Alert

2007-02-23T16:07:00.000-08:00

A 3.4 magnitude earthquake was just reported in Berkeley. Hopefully we won't have to worry about any shaking ground. The Bar has already screwed up in that situation.

In a week . . .

2007-02-22T22:16:00.000-08:00

. . . we'll be done. I hadn't really thought of that today. Wow.

Grey's Anatomy made me cry tonight. At least I got a break from studying. It's really frustrating: I think I know what I'm doing, and then I look at a question and can only see half the issues!

When in Doubt: Contracts

2007-02-22T18:20:00.000-08:00

When in doubt:

1. Say there is a contract, say there isn't a contract, and then, based on your analysis, figure out which argument is stronger and advocate it.

2. Claim there was detrimental reliance or that unjust enrichment has occurred.

3. If you're not sure about a rule, say that "some courts" would apply it. After all, it worked for Prof. Shafirhoff (Wills/Trusts BAR/BRI lecturer). He applied the UCC to houses!

When in Doubt: Torts

2007-02-22T18:08:00.000-08:00

Luckily, Torts is pretty straightforward.

1. Always look for negligence.

2. Consider malicious prosecution and abuse of process as possible issues.

3. Warranties are sneaky. Look for them.

When In Doubt: Corporations

2007-02-22T15:26:00.000-08:00

If you know something is wrong, but can't figure out why:

1. Say the action should have been put to a shareholders' vote.

2. Say that the Duty of Care or the Duty of Loyalty was breached. If talking about Duty of Care, throw in the Business Judgment Rule.

3. Look for conflicts of interest.

Nothing revolutionary here. =)

You know you’ve lost it if . . .

2007-02-22T13:32:00.000-08:00

You start threatening your outline. Seriously, it drives me nuts when the roman numerals won’t align properly.

When you miss an MBE question, you shake your fist at it, as an angry driver would at a traffic jam.

When you can’t sleep, you slip on your iPod and listen to PMBR lectures.

Your favorite ice cream is in the freezer, and you don’t want to eat it.

You have “More Than a Feeling” struck in your head CONSTANTLY. (I have no idea why it keeps playing in my mind!)

N's Predictions

2007-02-22T00:31:00.000-08:00

I have my own ideas of what is most likely to appear on the Bar:

1. Property/Remedies - possible crossover with Community Property or Wills and Trusts

2. Community Property

3. Evidence - possible crossover with Crim Law/Pro

4. Crim Law/Pro, more likely Law

*I finally understand murder, yay!

5. PR - possible crossover with Evidence or Crim Law

6. Civ Pro - possible crossover with Remedies, although, would we know if it was a crossover? Remedies in a civil action is just kind of a part of Civ Pro, you know?

In the wings:

1. Contracts

2. Torts

3. Corps - Rule 10b-5 or Section 16(b). I refuse to learn anything else.

So why am I studying Wills and Trusts right now? Oh yeah, because I thought I would get it out of the way. Hopefully, there is enough time to go over everything else I want to look at.

When in Doubt: Wills and Trusts

2007-02-21T23:53:00.000-08:00

This is a new series of mine. It's my opinion of what to do if you don't know how to proceed with a certain question. Please note: I don't know much, so do not trust these lists. They are posted for entertainment purposes only. Now that the disclaimer is done, on the the fun (See, I would make a good lawyer!):

When in doubt:

1. Say the will is invalid, and go through the rules of intestate succession. Then explain what would happen if the will were to be ruled valid. Try to make up a reason why a court would uphold the will. Pretend like you always meant to talk about the will as valid and invalid.

2. Say that the "fishy" part of the will is invalid, but the rest of the will is valid. There are times where you know something is wrong, but you can't explain why. I say, "Take it out of the will!"

3. Trusts are sneaky. If in doubt, say that the court may treat the devise as a trust. Question 3 in the BAR/BRI Essay Book is a good example of this.

4. Say that the rule is the California rule. That's what you were taught in BAR/BRI, so if you can't remember what law you're citing, chances are it's California. And if you know two laws, but don't know which one is CA, it's probably the "nicer" one, e.g. the one that allows the flawed devise to go to the intended beneficiary.

5. Common sense might work. Generally, common sense doesn't work on the Bar, but in Wills and Trusts, it can, probably because you know some Wills and Trusts on your own, just from life experience. For example, for Essay 4, I didn't remember that if the issue are not of the same degree of kinship to the decent, they take per capita with right of representation. So I just explained the inheritance in common sense language and came to the same result. I probably wouldn't have gotten the same amount of points as if I had cited the rule, but my analysis was pretty similar to the rule itself.

6. Talk about testator's intent. It usually plays a role in determining a devise.

I've always had problems knowing when someone is a "great-aunt," or a "second cousin," or a "first cousin once removed." I've found that I've encountered this at times when discussing anti-lapse statutes, so I've had to write things like, "Deb and Eve are blood relatives of Tom because Tom is the uncle of their predeceased parent," or ". . . because Tom was their grandmother's brother." In this situation, Tom is their great-uncle, right?

Best of Days 31 and 32

2007-02-21T22:25:00.001-08:00

From Day 31: Professor Sakai in the Essay Workshop, talking about working on our problem areas:

"Some of you have so many issues, that is the issue."

From Day 32: Professor Honigsberg, in the Performance Test Workshop, told us that we should use common sense while writing our PTs, e.g. address a letter formally. My favorite story of his involved working with a client on his will. You know that the client has an illegitimate child, but you shouldn't bring it up the first time you meet with the client. Just seemed like a random example to me. But the Bar can be random.

The end of BAR/BRI was just over a week ago. It's always interesting when BAR/BRI ends. You know the test is two weeks away. You know that you won't be seeing your friends anymore. The Bar becomes even more real.

I feel so unprepared. I have so much to do, and I'm working so slowly. And I'm so tired in the mornings. I really don't want to take July. I don't want to do this again. But I'm scared. Still have five days though. I can learn a lot in five days.

What is my destiny?

2007-02-15T23:37:00.000-08:00

From a taped lecturer: "This is a minimal competency exam."

Great, I’m not even minimally competent.

Sunday was the last class for Essay Advantage. Jeff told us that it was our destiny to pass. One of my neighbors commented, “I’m going to ask for my money back.”

I hope it's my destiny to pass. But I also believe that we can create our own destiny.

You will not believe this: I got a jury summons for March 1! Obviously, since I'll be taking the Bar exam, I filed for a deferment. I've always claimed that fate likes to fuck with me sometimes; maybe someone will believe me! There are just too many weird coincidences in my life!

Best of Day 29: Professional Responsibility

2007-02-15T23:28:00.002-08:00

Professor Hsieh seems very kind, but she puts me to sleep. However, there were a few funny moments:

1. The mnemonic to remember duties to entities other than a client: "Clinton and Lewinsky fondle covertly, and Congress feigns disgust." The duties are candor, fairness, dignity/decorum; the entities are court, adversaries, the profession - law, third parties, and the public. Those letters don't add up. Maybe I misheard her.

2. An "ethical wall" used to be known as a "Chinese wall." As in the Great Wall of China.

3. When talking about the CA Rules regarding sex, "a 'member' cannot . . ." Yeah, I know I'm juvenile. The Bar makes even the dumbest things funny. This rule was actually on the Bar in July!

4. When in doubt, say the lawyer should have gotten in writing. California is “liberal, but literate.” True.

5. In the movie Class Action, a father and daughter hash out what they "should have worked out in therapy" during the course of trial. Of course, in real life, close family members cannot be opposing counsel.

6. At some point, she used the term “shackmates." That just sounded cool.

I do like PR. Don't know why, but it's interesting to me.

Best of Days 26-27: Wills and Trusts

2007-02-11T09:11:00.000-08:00

I really liked the lecturer. He was pretty funny.

Best of:

1. The will that stated: "I leave my estate to UCLA, also known as USC."

2. There was this awful story about racism. An African-American lawyer left his family behind when he moved to California, planning to bring them over when he got settled. Then a huge influenza epidemic swept the country. The man's mother, who felt that he would have a better life without his family, because he was "light-skinned" and his wife and children were "dark-skinned," told him that his family died of influenza, and told his family that he died. Many years later, after becoming a very successful attorney, he passed away. His family found out that he in fact had not died in the influenza epidemic and argued that they deserved to inherit his estate because they were only omitted because he thought they were dead. His family won.

3. When the lecturer, Professor Shafiroff, took the CA Bar, applied the UCC to houses. He passed. That's a little depressing. And now, courts are applying the UCC analogy to houses! When I heard that for the first time back in July, it gave me hope. He said that whatever you put, chances are it's the law somewhere. Not so much for me.

4. He also did not discuss Equal Protection and Due Process on the Con Law question. He walked out half an hour early. "No one walks out of the CA Bar exam a half hour before it ends." True. I do like what he said about not giving up. We do not decide if we pass or fail. Never give up, never surrender.

5. I don't know why, but I just liked this sentence: "Omitted children are heavily tested by the Bar Examiners."

6. The Professor also told a story about a guy who missed the first day of the exam, but back then, you were allowed to go to the second and third day in that situation, so he took it as a practice exam and got straight 85s. Prof. Shafiroff explained, "When stress goes up, mental agility goes down."

Not so much for me. I’m a crammer. But PT B was my best score. Knowing that I was almost done and hadn't passed out did make me feel better.

But my favorite thing was what he said at the end: 99.9% of world would trade places with us. Failing the Bar is not the worst thing in the world. Perspective is a good thing.

Best of Day 27: Community Property

2007-02-07T18:19:00.000-08:00

No Best of Day 26: Essay Workshop 3; I don't go to the Essay Workshops. But I'll go to Workshop 4.

1. When comparing Barry Bonds' income and his wife's: "And he’s making 40 million as a Giant." It just sounded funny, like he was not a baseball player, but an actual giant.

2. When talking about whether a degree is CP or SP: "If it’s a JD, there is the hope that it increased earning capacity."

3. "If you’re engaged to someone with high graduate school loans, separate your paycheck."

Well, I guess that’s one thing for which to be grateful; I'm not saddled with his debt anymore.

Best of Days 24 and 25: Civ Pro and Corps

2007-02-05T23:16:00.000-08:00

It was the same lecturer both days, so I figured I might as well combine my lists. I think this was the third time I've heard this guy do Corps. I fell asleep the second time, in Essay Advantage. I like Corps, but there is only so much you can take!

1. "Not everyone from the South speaks like Epstein."

2. "Pennoyer crap."

3. "Don't abbreviate federal question as federal and then a question mark. It just looks like you're writing, "Is this is a federal?" It's true -- that's how I used to read it until I got used to the abbreviation!

4. There was a case, Lennon v. Dacomed, Corp., where a man sued his doctor, the hospital, the manufacturer of the "product," and the manufacturer's insurance company when he suffered from a "permanent erection" after a surgery to install a prosthesis. Overlawyered has a pretty good discussion of the case.

5. In discussing how there are no "suprise" witnesses in the real world, unlike what we see on TV: "The lawyer calls the witness in a very dramatic tone, you can hear people in the gallery excitedly whispering, there is one guy [Southern accent] who says, 'I thought Dokes was dead,' and the judge is pounding his gavel, yelling "Order, order, order in the court."

6. "We're talking about the Board, 'B-O-A-R-D,' not bored, 'B-O-R-E-D,' which is what you are."

7. "Does judgment have an "e" in it? No one ever knows." I do sometimes accidentally type "judgement" and then have to go back and erase the "e."

I know I've said this before, but the lecturer reminded me of an auction. And I was still struck with how he pronounced "jargon." He also reminded me of the Moviefone voice. That was a good Seinfeld episode.

My new backpack is purple. This pleases me to no end.

Best of Days 21-23, Simulated MBE and Review

2007-02-05T23:12:00.000-08:00

1. In regards to admitting the ruined coat into evidence: "That coat can’t talk." They way he said it just sounded so funny.

2. "Not a lot of Supreme Court case law on what the President can and can’t do as Commander-in-Chief. I think there will be a lot more in the future."

3. "The Commander in Chief can’t overturn the 4th amendment. But we’ll have to see what happens there."

4. "Can I President pardon himself? I hope not."

5. My favorite, in regards to obscenity: "It has to involve hard core porn, not soft core." It was just shocking to hear a sweet old man say that!

6. "If it lacks SLAPS" made me think of my friend's earlier question, "Why does that sound dirty to me?"

I actually took this MBE in July, but I retook it again. It's not like I remembered the answers from before; in fact, sometimes I would remember that I got the question wrong, but I had no idea what answer I had chosen.

I did a little better this time. I got some questions wrong that I got right before, and vice versa. And then there are the ones that I missed twice. Sometimes I picked the wrong answer twice, sometimes I found a new wrong answer to pick. Have to raise that score.

The review was helpful, overall, but wow, was it boring!

Best of Day 20: Remedies

2007-02-05T23:04:00.000-08:00

1. Alternative to the mnemonic "I put five bucks down" for Permanent Injunction Relief, standing for Inadequate legal remedy, Protectable property interest, Feasibility of enforcement, Balancing of hardships, and Defenses.

From Miami: "I prefer free based dope."

I didn't catch where these were from:

"~~Incense~~ Incest promotes family breakdown."
"Ill people feel better dead."

2. On how to relax before the Bar: "Go buy a bottle of wine, share it with a significant other, a friend, a casual friend . . . whatever it takes."

What if Frank Sinatra does prefer Orville Redenbacher?

2007-02-02T22:37:00.000-08:00

I got behind again, but I'm back. =) Here's Best of BAR/BRI, Days 17-19: Real Property

I did an extensive Best of” for Property 1-3 back in June, so I won’t repeat those, but Professor Paula Franzese does have some more good jokes:

1. Her impressions are pretty good. Her Dr. Evil was especially funny.

2. “Janet Jackson does not want to lose face, unlike her brother."

3. “I kid, I kid.” – Comic, the Insult Dog. Pretty good impression again. Even if she isn’t dead on, she’s so good at the mannerisms and tonal inflections of characters.

4. Still love her version of the Dido song, “White Flag.”

5. Prof. Franzese said that her dad, Luigi Franzese, invented penne à la vodka while working at Orcini’s. Interestingly, this website references this Wikipedia entry: "most historians of the culinary arts credit Chef James Doty with the discovery of the dish." And then there was a discussion below, with some commentators talking about Professor Franzese and her teaching methods. Loving it.

However, the Wikipedia entry does start:

Luigi Franzese, born in Naples, Italy in 1931, devised the first incarnation of penne alla vodka, which he called penne alla russia because of the addition of the vodka to his tomato and cream sauce base. He first prepared the dish tableside for patrons at New York City's Orsini's restaurant in the early 1970's. Orsini's, owned by Armando and Elio Orsini, was one of the most acclaimed restaurants of its time, hosting regulars that included Jacqueline Kennedy Onassis, Sammy Davis, Jr., Mick Jagger and scores of literary, entertainment and business icons. Word of penne alla russia quickly spread, and soon it began appearing on other menus throughout the New York region. Franzese was asked to appear on various talk shows to demonstrate his magic in the kitchen. The most memorable of these appearances is found on the Joe Franklin Show.

That's what Professor Franzese told us too. =)

6. When she was visiting the Trinity Church, which is across from the Hancock Building, in Boston, the tour guide mentioned its negative easement for light.

7. She and her husband went to Phantom of the Opera for their anniversary. They had great seats, second row, middle. A few minutes before the show began, an usher asked the couple in front of them to leave, as "Ms. Streisand and a companion," wished to see the show. The woman asked, "Can they do this?" To which Professor Franzese replied, "Actually, they can," and proceeded with an explanation of waivers.

8. “Nothing good comes when neighbors talk by the fence.” That’s true. Home Improvement is case in point. I kid, I kid.

9. “Moses is allowed to do that because he’s a prophet. . . . Come on, that’s a good one.”

10. I love her smile when, as the lawyer who is asked what two plus two equals, she asks, “What do you want it to be?”

11. She and her daughter, Nina, were standing in line behind a woman with horrible allergies. The woman explained that she couldn’t even take Allegra, because she was allergic to that too! The next day, Nina was recounting the story to her husband and her brother while in line at another store. Nina exclaimed, “And she’s even allergic to her Viagra!”

12. “We’re not going to allow the buyer to be a piss-ant.”

13. On a call for other mnemonics (although I can't remember for what):
From Pittsburgh: I will make like a baby and head out first.
From Boston: I will make like an egg and scramble.
From California: I will make like a prom dress and take off.

14. She came home from the science fair. She’s caused shame to the family name. Her father tells her this story about a man who had two sons, one who was optimistic, and the other who was pessimistic. Their father wanted to even out their personalities, so he filled the optimistic son’s room with manure and the pessimistic son’s with toys.

The father checks in on the pessimistic son, thinking he will be happy with the toys. Instead, the son asks, “How dare you patronize me with these petty bourgeois whims?” He then goes to check on the optimistic son. Surprisingly, the windows are open, and the son is whistling and shoveling manure into a corner. The father asks him why he’s so happy. The son replies, “Father, don’t you understand? With all this house manure, there have got to be ponies coming!”

With all of this horse manure, . . . it will come out to you from this very podium . . . but, “there are ponies.” It too shall pass, and so will you.

I love this story. It’s a repeat, but I like it.

15. “Off the top, attorney’s fees. We wrote the statute.”

An example of a breach of the implied warranty of habitability is no heat in winter. Sounds like the apartments in Berkeley.

Essay Advantage, Real and Community Property

2007-02-02T22:36:00.000-08:00

Just one fun thing from an essay question:

"Husband (H), a carpenter, and Wife (W), a nurse, were married in 1965."

My neighbor: "How come that sounds dirty to me?"

You know you’re studying for the Bar when . . .

2007-01-23T20:10:00.000-08:00

10. You have amazing cravings for chocolate and potato chips (Well, maybe just me. BarBri makes me hungry!).

9. You have split ends and ragged cuticles.

8. You buy so much Starbucks, the employees joke about how you should just work there.

7. You haven’t heard of half the movies on the Oscars’ nominee list.

6. Your lower back is killing you. Your neck muscles are so tight, you wonder if you’re suffering from whiplash from a car accident about which you’ve known forgotten because your mind doesn’t have any extra room.

5. You put StudySmart on your Quick Launch toolbar, because going to the desktop and clicking on the icon is just too much effort.

4. You play the PMBR CDs when you sleep. You never know, you could learn by osmosis!

3. You’ve actually considered laminating flashcards so that you can study in the shower.

2. Going to the gym is so attractive because it means you don’t have to study for half an hour or an hour. After all, you have to stay healthy, right? But then you end up listening to the PMBR lectures on your iPod or doing flashcards on the treadmill anyway. Because you’re just that big of a dork.

1. Every time anyone who isn’t studying for the Bar sees you, they ask, “How’s the studying going?,” and you just want to punch them. =)

A caveat: People who have taken the Bar, people who are currently taking the Bar, and very good friends are exempt from #1. I guess I just get annoyed sometimes when I run into someone I don't know all that well, and the first thing out of his/her mouth is, "How's the studying going?," said in this tone that is half-pity, half-trying-to-be-optimistic way. Maybe I'm just a little crabby, as I described in #4 in this list back in June.

Essay Advantage, Crim Law/Pro

2007-01-21T09:18:00.000-08:00

“If I told you today that if you didn’t pass the Bar exam, you would be hanged, you all would pass.” -- Jeff

“I think that would be cruel and usual. . . . Talk about aversion therapy.” -- My neighbor

“Some people are walking violations of the Sixth Amendment.” -- Jeff

Profesor Rossi ruined my Coke this time

2007-01-20T09:30:00.000-08:00

Best of Days 14&15 – Evidence 1&2

1. You open a Coke and there is a half of a mouse in it. “You get so incredibly sick you hasten to your lawyer.” “Everyone loves Coke, the mice have to get theirs.” You go to court, “and [the mouse] scampers all over the courtroom and rains money on you all day.”

Of course, I was drinking Coke during this lecture. With Epstein, it was coffee.

2. "You can use anything to refresh your witness' memory. You can bring in a some Fettuccine Alfredo and put it under her nose. Does the pasta go to the jury? It is true that you must give opposing counsel a taste."

3. “Robbery is not a crime of deceit or false statement. When he says, “Your money or your life, he means it.”

4. "You accuse someone of sodomy with a parrot. You can't just make that assertion without good faith. . . . You better have the parrot.”

5. "The theory behind the marital communication privilege is that it will encourage open communication between spouses. But it's not like one spouse would turn to the other and say, 'Darling, I normally wouldn’t tell you this, but in light of the privilege, I’ll tell you what happened last night.' Who would say that? Lawyers, and their marriages are no better than anyone else’s."
You're telling me.

Oooh, how about a crossover Evidence and CP question? A couple getting a divorce could be the start of a good fact pattern.

My head is like an episode of Family Feud. I’ll be sitting in BAR/BRI and as elements are said, it's like they're being excitedly yelled out as they're revealed. I know, I'm weird. I just don't care about it anymore.

Things for which I am grateful:

1. My dad driving me to and from BAR/BRI every day, never complaining when I’m running late.
2. Coke.
3. Soft pillows on my bed.

“Everybody Passes” (except me)

2007-01-19T18:23:00.000-08:00

Best of Days 12&13– Performance Test Workshops 1&2

This is so depressing. Professor Honigsberg gave examples of how people had appendicitis, kidney stones, or were bedridden, and they still passed.

“The standard for the California Bar Exam is failing.” Well, apparently I was not good enough to fail.

I did like the story about how the exam site was flooded, but the proctors finally had to left everyone in. The Bar takers then proceeded to take the exam soaking wet and very stressed out. “And what do law students say? They’re going to sue! But then, they say, “I can’t sue because the California Bar won’t let me be a lawyer! Now I have to find a lawyer!” Those poor people. Taking the Bar under those conditions is pretty rough.

Professor Honigsberg had some more good stories, but since I wrote about them in June, I won’t repeat them again.

“Whatever you’re drinking, keep drinking it. Whatever you’re smoking, keep smoking it.” My problem over the summer was that my addiction was my ex.

“People who fail the Bar don’t come back here.” Great, I feel like even more of a loser.

“You can fake it.” Yeah, that didn’t work.

I had a friend who got a divorce before the Bar. He passed. I wish I had had that strength.

Professor Honigsberg read a Property essay that mostly discussed the facts. It got a 75. I find that confusing. I’ve seen so many essays, including some of my own, did that at least somewhat.

I went to bed at 2:30 am the morning of the MBE. I just couldn’t sleep. Honigsberg told us a story about a girl who had to take four cold showers, drink pots of coffee, and do jumping jacks after taking too many sleeping pills when she couldn’t sleep the night before the MBEs. She said that when she was lucid enough to realize what she was doing, she was filling in “a, b, c, d.” She passed. {thumbs-up} I hate that thumps-up.

“Never give up. Don’t let you decide whether or not you pass the Bar, let the Bar Examiners decide.” This is true.

The vet with brain damage passed the Bar. I’m happy for him, but again, I feel like an idiot.

There are about 4,000 test-takers. July had 9,227 overall.

My problem is being a perfectionist. Even when I knew the material, I was so worried about writing something wrong, and having stellar analysis, I just ran out of time.

“It’s the people who don’t freak out that pass this exam.” I didn’t think I freaked out. I did spend too much time explaining the cases on the PTs.

It’s a good thing we’re not tested on ripping things out. Every time I try to rip out a section of my Conviser, half of it tears improperly.

Essay Advantage, Con Law

2007-01-19T09:24:00.000-08:00

Some Jeff Adachi wisdom:

“Time can be your worst nightmare or your strongest ally on the bar exam. Make time work for you.”

“Just as Einstein said, ‘Time is relative.’”

“Issues are like Pizza. They come in small, medium, or large. Don’t bite off more than is necessary to feed yourself.”

I like it.

Some fun quotes from when we were studying obscenity (which we so know is not going to be an essay question, because it was an essay question in July!):

“Most of the nudity at drive-in movies isn’t obscene; it’s just really large.” – Jeff

“Freedom of association. I want to hang out with other pervs!” – my BAR/BRI neighbor

I’ve decided to take Jollibee’s optimistic outlook on life and start recognizing the things, big or small, for which I’m grateful:

1. My two wonderful Essay Advantage Bar buddies
2. POM Pomegrante Peach Passion White Tea
3. Starbucks vanilla lattes

What's Hot and What's Not, Bar Edition

2007-01-15T18:54:00.001-08:00

Hot	Not
BarBreakers Flash Cards	PMBR Flashcards
PMBR MBEs	BAR/BRI’s MBEs
Doing practice essays.	Waiting to do practice essays until you “learn the law.” Which you never do.
California Bar Sample Essay Answers	BAR/BRI Sample Essay Answers
Doing 25-75 MBEs a day.	Telling yourself you’ll do 200 MBEs a day and then getting discouraged.
Listening to PMBR CDs on your iPod.	Listening to PMBR CDs on your computer.
Actually attending the PT workshops and practicing a few.	Ignorning the Performance Test.
Working out.	Eating junk food during class. (Well, maybe sometimes it’s okay.)
Listening to happy, energetic songs. I like The All-American Rejects’ “Move Along” and Angel and Airwaves' “The Adventure.”	Listening to James Blunt and The Fray while you study.
Having faith in yourself. =)	Being depressed over an ex. ;)

Best of BAR/BRI, Days 9-11, Contracts

2007-01-15T18:02:00.000-08:00

This was actually a new lecture, but was still given by Professor Epstein.

Best of:

1. I love how his accent makes "Armadillos" sound like “Armadillas."

2. “If Sharon Stone is not in the shower with Epstein, there is no revocation.”

3. "People don’t go to strangers and ask if they have any outstanding offers and say they’ll accept them."

Sounds like a dare to me.

4. "You get to be a licensed lawyer in the real world if you get through the unreal world of the bar exam."

So true, so true.

5. “Judge, the guy’s got my grits.”

I didn’t know that grits could be kosher or cheese until this lecture.

6. “Judge, look at these damn boots. Why would I be making a pair of boots like this unless they were custom-ordered?”

5. "I know you want to get to page 33; so do I. But I’ve done it, and trust me, it’s not fun, just like p. 32.”

6. This is a repeat from the summer, but it's too good to leave out:

"The armadillos are on the 4:13 to Buffalo, they’ll all be wearing orange neckerchiefs, can’t miss them."

7. "He paints the house the color that has always been known as purple."

8. "I don’t know what you guys in California know about grits. In Texas, you can’t walk around without running into a pack of grits."

As Professor Epstein was telling us about the lecturers to come, I told my neighbor about Professor Franceze:

Me to neighbor: "She raps too. But not while eating tacos."
Neighbor’s response: "She’s not an armadillo either."

Love my BAR/BRI friends!

How I'm going to remember accord and satisfaction: If you build it, [then] they will come.

According to Professors Whitebread and Epstein, this is an exam about reading and geography. That's not so scary. Actually, since I've been reading the questions again after I narrow the answer choices down to two, I think I've been getting more right.

It’s been almost seven months since I last heard this lecture. I still remember crying through the last hour of Contracts 3. This time, it’s so much easier for me to outline during the lecture. I know part of it is that I remember stuff from last time, and some of my worksheets are filled out, but I’m just so much more here this time.

I’m scared I’m not good enough. No, I’m not just scared, I’m terrified. Just need to keep studying.

Friday night, I came home from the gym and my mom was watching “Close to Home.” A lawyer was explaining the difference between murder and manslaughter. I walked in as she was discussing provocation. And then, I was reading US Weekly at the gym on Saturday, and there was a small blurb about whether American courts have jurisdiction to compel Anna Nicole Smith to submit her daughter for a paternity test. The law is always there! I can't get away from it!

Now Californians . . . It’s time for Best of Days 7 and 8 – Crim Law/Pro

2007-01-12T22:49:00.000-08:00

I love Professor Whitebread. He's so hilarious. He just seems nice.

Best of Crim Law/Pro:

1. Upon seeing two policemen coming up his walk, one of Professor Whitebread's clients exclaimed, "You must be here about the Buick I stole!" It turned out that the police officers were fundraising for the Fraternal Order of Police.

2. One of his clients decided to bag up all of his marijuana. A felon ran through his house, and the police followed, in hot pursuit. They never found the felon, but the client was arrested.

3. His mother is the perfect bellweather for public opinion. When Miranda died, his mother sent him a news clipping. He wasn't surprised by the news story, but what his mother wrote on top of it, "Isn't it a shame, after all he did for us?"

4. On reasonable expectation of privacy: “The odors of your luggage are held out to the public. Or, at least, the public dog.”

5. When he gets excited about a point or a story, he does a little dance and scrunches his nose up. He looks like a little chipmunk. It's awesome.

Professor Whitebread said that there are three levels of understanding:
1 - glib
2 - you understand that there are problems with glib understanding, but you don't know the answers
3 - you really know the stuff

He says you only need level one to pass. Before the July exam, I thought I was at 1.5. Guess not.

From MPQ AD Crim Law/Pro #10151, my favorite answer choice so far:

"(b) Against Jack, because mobile homes fall within the automobile exception to the warrant requirement."

Day 6 - Essay Workshop 1

2007-01-08T23:17:00.000-08:00

I believe Chemerinsky said this, but it could have come out of another lecture: “It’s not a question of studying harder, it’s a question of studying smarter.”

No, it’s a question of studying harder.

Professor Sakai says don’t look at the essays ahead of time because you end up trying to "compensate" on the essay questions you think are easier, and then you don't have time for the question that is the hardest for you. I actually was okay on my time during the July exam, but not great. And I wasn’t thinking about the other essays while writing one. I liked seeing all of them at once, just so I knew I could do it. I don’t know what would have happened if there was a question I didn’t understand, but I always feel better looking at the exam first. It’s a habit I don’t think will be worthwhile to break. When I saw Wills on Day 3, I knew I had to that one first, to make sure I spent the full hour on it.

Explaining the instructions to the essay questions, Sakai said the Board of Bar Examiners is basically asking, "Can you read over a fact pattern, spot the issues, state the rule, analyze the problem, and come to a legal conclusion?" Apparently not.

Sakai says that most people who failed did badly on the PTs. I actually did pretty well on those. It was the essays that were harder for me, and to some extent, the MBEs.

Sakai also commented that the Bar Examiners were kind in July 06. Our questions were straightforward. Sigh.

Sakai’s mnemonic for justiciability is RAMPS: Ripeness, Abstention, Mootness, Political Question, Standing, and Eleventh Amendment. I remember, back in July, I couldn’t remember what RAMPS stood for. So I just thought about justiciability in general, and I remembered everything but the Eleventh Amendment.

To amuse myself, I started trying to come up with sentences to represent the topics in individual rights (SSTRREPS - state action, speech, taking, religion, retroactive legislation, equal protection, procedural DP, substantive DP). This is what I came up with:

She sold seashells to RR every period Saturday.

She sold two red rocks every period Saturday.

She sold to Rick: pop rocks, sad elephants.

I also considered “She sold to Rick: pop rocks, sugary e."

Yeah, I’m not coming up with the best sentences. My friends in BAR/BRI were not impressed.

I had a somewhat anti-Bush policy one:

Sovereign
State
Took
Radical
Retribution
Every
Possible
Situation

In case someone wants to look it up, the question about bees I mentioned last Thursday is # 10793 of Torts Advanced Drills on StudySmart.

I’m a little bummed. During the Workshop, we did some outlines of Con Law and Torts questions. We’ve done both of those subjects in class. Even when I look at the outlines of the law, I’m still missing issues. It freaks me out. I guess I just have to keep practicing.

Essay Advantage, Contracts

2007-01-08T23:06:00.000-08:00

In Essay Advantage, we had a hypothetical regarding a breach of contract action against a contractor who installed the wrong type of mirrors in an addition to a home. The breach was immaterial.

“Unless the addition is a sex room, and then the wrong kind of mirrors is a material breach!” – my friend, who was sitting next to me

A few minutes later, we took the back elevator during our Starbucks run.

My friend looked at the ceiling of the elevator, and exclaimed, "Oh, look mirrors!" Awesome.

So random . . . I was double checking the name of the lecturer for Contracts, John Heilman, to ensure that I would have it correct for any blog posts. It turns out the lecturer is the Mayor of West Hollywood.

Days 4 and 5 - Con Law I and II

2007-01-06T15:57:00.001-08:00

I've always loved Professor Chemerinsky.

The Best of Con Law:

1. In reference to Roe: the time for human gestation is less than the time for human litigation.

2. The "innocent owner" hypo:

A man picks up a prostitute and they engage in sexual relations in his car. The police catch them in the act and impound the car. Even if the man owns the car jointly with his wife, there is no innocent owner defense, and the car remains impounded. Imagine him having to explain to his wife where the family car is.

3. My absolute favorite:

Apparently, Justice Harlan would have a "movie night" with his clerks and actually watch films alleged as "obscene." And if that wasn't bad enough, when he later had difficulty seeing, a clerk had to sit next to him and narrate the action on the screen!

4. I love how, when explaining that laws that prohibit groups from discrimination are constitutional unless they interfere with intimate association or expressive activity, Professor Chemerinksy listed the Klan, the Nazi Party, and the Boy Scouts.

I learned a lot from the lecture. I missed it the first time. And of course, obscenity was on the July exam.

Day 3 - Torts II

2007-01-04T20:54:00.001-08:00

Best of:

1. "I taught him how to hunt before I taught him how to read."

2. I loved his "International Mr. Fall-on-your-ass guy."

3. "If you’re on drugs, don’t give them up now. Now is not the time to go into rehab. Get clean in August."

My ex was my addiction last summer. But I think I'm on my way to recovery. I can actually imagine being with someone else. And, in theory, I can imagine him with someone else. I just can't think about it too much.

4. When he was talking about res ispa loquitur, his accent turned Scottish. I know I did say his accent was good back in June. I was wrong.

5. I think he really likes Scotch. He mentionned it in a lot of his examples.

6. When a student asked him if bees were domesticated animals, he just guessed and said yes, unless they were killer bees. His research assistant then excitedly showed him a book in which there was an MBE question about bees. He was right. I totally thought it must be a PMBR question, but I did run across a question about honeybees today while doing the Advanced Drills. So maybe not.

7. I loved how he put one of the temples of his glasses in his mouth when he was in "Professor mode."

I laughed so hard. He really is good.

Although, I had forgotten about this:

"You get your little lawyer number and life will be good."

Not yet.

Day 2 - The Best of BAR/BRI is Back!

2007-01-03T21:46:00.000-08:00

So when I did BAR/BRI the first time around, I did this thing where I posted my favorite parts of the lecture. It amused me and helped pass the time. The lectures are from the summer, so I've already heard the jokes once, but they're still funny. I'll try not to do too many repeats of jokes though.

So the Best of for today:

1. “Battery is like cooties.” If D hits something P is holding, D has committed battery against P.

That is actually a really good way to remember the rule.

2. In reference to our BAR/BRI cards hanging around our necks: “You’re all tagged like salmon."

3. Regarding the hypothetical where a roommate locks his sleeping roommate in his room, preventing a nurse from administering vital medication and causing the roommate physical harm, a student in San Diego asked Professor Schechter, "Dude, why can’t he leave the room?," not understanding that there could be a lock on the outside of the door. The Professor told him that it was just a hypothetical.

I would like to ask the student how the sleeping roommate could open the door while asleep.

4. When Bar Examiners are writing the questions, "they are dropping acid."

5. He asked a class in Detroit what would happen if you called a 5-year-old names. Someone from the back shouted, "He'll shoot you!"

6. “Indeed, all of your family was killed by rattlesnakes.”

Were they on a plane?

7. How to remember the eggshell plaintiff rule: “You break it, you bought it."

I once broke a magnet in a store. I was holding it to look at it closely and I just let go. But when I went to go pay for it, the clerk said he admired my honesty and that I didn't have to pay for it. That was nice.

8. Impersonating two kids first dating: "What’s your sign? What’s your major?"

At our age, I think it's been replaced with, "So what do you do? Where did you go to college?" which is just code for "Are you dependable and smart?"

9. I know I put this in my "Best of" during the summer, but it's just so good, I have to do it again.

You're walking down the street when you see a group of five-year-old laughing and giggling down the street. There are no adults with them. Behind them is a dog, a handsome looking dog, looks to be a collie, reminds you of Lassie. Suddenly you realize the kids aren’t laughing and giggling and skipping down the street,
they’re crying and screaming and running as fast as their little legs will carry them. The dog is snapping at them, and, oh my God, it’s foaming at the mouth. And you take out your gun, which you carry around for hypthoeticals, but you're careful to not hit a kid, because that would make the hypo too complicated, and you shoot the dog. The kids give you a group hug around the knees. So what happens? "It’s America, you’re going to get sued."

Timmy is the owner of the dog, because Timmy was the owner of Lassie on the show.
Lassie the TV show went off the air before you were born. As a child, you like certainty and continuity, and nothing was more certain or continuous as Lassie. In one episode, Timmy fell down a well. In the next episode, Timmy would fall down another well, because these people had like 80 wells on their property. Now Timmy is suing you, because "Timmy knows that the next time he goes out to play, he’s a dead man."

Is this trespass to chattels and conversion? "I think you pretty much bought the dog. He’ll sue you for converting the dog. It's like you put a yamaka on the dog, but the owner says, "he was an Episcopalian!"

10. "The bull is mad and we know this from cartoons - the bull snorts and two puffs of smoke come out of his nose."

11. "Suzie is a slut."

I normally wouldn't find calling someone a slut funny, but there was just something in the way he said it.

12. In explaining what qualifies as a loathsome disease, "Syphilis . . . was all the rage." To create a scandal in 16th century England, a politician would gather his friends and whisper to them that his enemy had syphilis. To which they replied, “No, how loathsome!” And that's how we got the name.

I wonder if Pete and Dave ever get sick of being plaintiffs and defendants.

I actually took good notes for Torts the first time around. But I can see all the times when I missed lecture or parts of a lecture. Like the time I was coughing so hard I had to leave the classroom several times during a lecture so that I wouldn't disturb others. And the first time I did that, I got locked out, and had to go entirely around the school to get back in. And I know I missed a bunch of classes, and tuned out sometimes even when I was in class.

Taking BAR/BRI again was a good idea for me. At least I'm paying attention to the lecture and learning the law.

Day 1

2007-01-02T20:28:00.000-08:00

I’m retaking BarBri. I am such a fucking loser. I’m listening to Brian Sacks explain how Bar/Bri works. I know very few people retake the Paced Program class, especially since the lectures are pretty much the same between sessions,

I am so not doing this again. I will study this time. I will pass. No man will take me down.

I would have passed the MBE in a few other jurisdictions. That’s amusing. And slightly sad, given my lack of preparation.

Even though I did really badly, I was still not that far off. Man.

Happy New Year!

2007-01-01T22:33:00.000-08:00

I wish all of you a Happy New Year!

For those of us studying for the Bar, I wish all of us good, productive studying, and of course, a passing score. And lasting sanity! For the new attorneys, I wish you luck as you navigate your new careers. If you are still a law student, enjoy your time in school! Blow off an afternoon to go shopping or see a movie sometimes. Cherish your friendships. Enjoy journal, Moot Court, whatever you do. Law school sucks, but there is something special about the good times you experience there, and you never get that back. And for the rest of you, I hope all of your dreams come true this year too.

I had a good New Year's Eve. For the first time ever, I didn't buy myself a single drink all night. I'm trying to enjoy the perks of being single. ;-)

Okay, I finally got scared

2006-12-28T22:52:00.000-08:00

60 days to go.

In July, we had Torts, Con Law, Contracts/Remedies, Corps, PR, and Wills. So Crim Law/Pro, Property, Evidence, Community Property, Civ Pro, and Trusts are left, and PR is always on the exam. I'll have to watch for that if it's not its own question. That could be a little tricky, e.g. an attorney committing fraud with a client in a property dispute.

I realize subjects are repeated in consecutive exams, and that I left out Trusts. But I definately want to spend a little more time on Crim Law/Pro, Property, Evidence, Community Property, and Civ Pro, because I didn't really learn them that well the first time around. Sad, since they weren't on the essays and I still failed! And since I learned Wills and Trusts in 15 minutes the night before the third day, I probably should focus on that too.

I think fear finally set in. Maybe I'll get more than half an hour of work done a day then. I'm trying not to worry -- there were only 56 days between the start of BarBri and the Bar, and that includes the 4th of July off and some really light days of work. I can do this. Maybe I just needed some time off to clear my head. At least, that's what I can hope.

I started talking to my ex again. I know, not good. But I love the boy. As the song says, "love stinks."

Know thy enemy and know yourself

2006-12-18T20:20:00.000-08:00

Sun Tzu's quote from Art of War was one of our PowerPoint introduction quotes on Sunday. I don't really think of the Committee of Bar Examiners as my enemy. The Bar sucks, but I think my real enemy is myself. Your mind messes with you after you fail the Bar. You lose your confidence. You second-guess yourself even more. I have to know myself and know myself.

BarBri was way more fun the first time. Essay Advantage is really, really boring. I kept sneezing in class yesterday. I think I’m allergic to BarBri.

Everyone is rather subdued in the class. It’s like we all feel like losers. No one wants to be there. The first time around, no one wanted to be there, but it was a necessary evil. Almost everyone takes BarBri when studying for the Bar. You're expected to be there. But this time, it's almost embarrasing.

My favorite example from Sunday's class:

If you testified that the defendant said, "That’s Jesus Christ over there,” your testimony is not being offered for truth of the matter, but to show that the person . . . is crazy.

I love examples involving Christ.

Great SATC quote: "I gave up Christ for you and you can't give up the Mets?" - Charlotte to Harry, Episode 78, "Pick-A-Little, Talk-A-Little"

I was Charlotte. But I didn't get married. At least I now make damn good latkes and can impress people with my very limited knowledge of Hebrew.

Eight and a Half Hours of Boredom, Exhaustion, Frustration, and a Little Bit of Learning

2006-12-11T11:40:00.000-08:00

78 days to go.

I spent eight and a half hours in a classroom yesterday, listening to Jeff Adachi lecture on essay writing for the Bar and Torts, writing a practice essay, and watching a taped lecture by our good old friend, Professor Conviser. No jokes this time though. =(

Those eight and a half hours of mostly boredom and pain made me want to study even harder. Why? Because I do not want to sit in a classroom for eight or nine hours once a week, every week, again in May.

The introduction was full of cheesy inspiration. But we all need a little of that. Jeff was telling us that we had to devote our lives to the Bar for the next 78 days (!). Hence, the following quote on the Power Point:

" A total commitment is paramount to reaching the ultimate in performance." - Tom Flores, NFL Coach

Or, as Jeff put it, "You've got to keep your eyes on the prize."

I don't entirely agree with that. I definately don't want to be the slacker I was this summer, but I don't think going crazy helps people either. Jeff told us some stories about people who missed class for stupid reasons, like wanting to jog at a certain time. While I understand people like their routines, that is just dumb. But most of us aren't like that. I know way too many people who did poorly in law school or failed the Bar, even though they studied religiously. They burned out. Even my friends who claim they did nothing but study over the summer did have some time off. They'll say they worked like crazy, and they did, but I also know that they went out on dates sometimes, or watched a movie. I think you can keep your eyes on the prize without killing yourself.

Though Conviser didn't provide any entertainment, Jeff was fun. When he was encouraging us to use his method, he told us, "No offense, but what you did last time didn't help."

Jeff had an "idiom" that I had never heard before: "Repetition is the mother of skill." Sounds good to me though. Maybe it doesn't matter that I'm not as smart as I would like. Some skill has to be from practice, not just pure intelligence.

But my favorite Jeff quote, again, while he was trying to convince us to use his method, is, "If an alien landed on Earth and I had to teach him how to pass the Bar exam, this is what I would teach him." Great, not only can people with brain damage pass the bar, but aliens can too. Just not me. =P

Training for Round 2 begins tomorrow, 9 am

2006-12-09T22:56:00.000-08:00

Essay Advantage starts in about 10 hours. I'm off to bed. I'll post a "Best of" list tomorrow night, assuming the leture is funny and/or bad enough to warrant such a list.

My Computer is Back From the Dead!

2006-12-04T22:29:00.000-08:00

My computer's hinges started breaking off in June, so I borrowed a computer for BarBri and the Bar. It's good to have my computer back. I'm just mad at Best Buy. I took the laptop to them back in June, and after a few weeks, they told me that it would cost $700 to fix it. And when I got it back, the hinges were even more broken than it had been before! Not only that, but when I complained, Best Buy claimed that the computer was that way when I gave it to them.

So I went to the Toshiba authorized repair shop and they said it would cost about $280 to fix. I hate Best Buy. Why would Best Buy quote me $700 and the Toshiba repair shop, $280. Because Best Buy sucks. They just want you to buy their warranty, which I did, my first time EVER getting the warranty. And then they say the damage isn't covered. I never dropped my laptop. The VAIO, which I had from August 2003-May 2005, when it died an early death -- that I dropped many times. It's still not operational. I think it got fried. My adapter wire started sparking one day, and a few days later, the VAIO wouldn't charge at all. Bever buy a computer because it is purple. Since the VAIO crapped out on me, I figured I would go with the warranty this time. So I lost about $280 there too.

I ended up getting this computer fixed, although, looking back, I should have just bought a new one and used this one as a backup until it totally fell apart. Oh well, at least I have my own laptop back. It has a nice big screen, and still has BarBri's StudySmart on it, so I can do all those multiple choice questions I never did on the computer if I want.

N's Week Off

2006-11-29T12:18:00.000-08:00

I have bronchitis. =(

My doctor said that I couldn't go to work until Monday. So I'm at home all week, sleeping and watching TV. It's actually kind of fun, like being home on break when I was a kid, until I start coughing and have trouble breathing. =( A few days ago, I stumbled onto this:

The moment when something major is accomplished, we are so relieved to finally be done with it that we are already rushing, at least mentally, into The Future. Wisdom, however, requests pause. If we cannot give ourselves a pause, the Universe will likely give it to us. In the form of an illness, a massive Mercury in retrograde, our car breaking down. And we find ourselves required to stop, to sit down, to reflect.
-- Alice Walker, in We Are the Ones We Have Been Waiting For

I definately have had some time to think. And I'm not studying. I know I can't deviate from my schedule too much, but even my mom said I needed to rest. And I definately don't want my condition to worsen into pneumonia. I do wish I wasn't missing so much work.

I'm so hungry, but the only things I want to eat are Lucky Charms and Fruit Loops, neither of which I have. Weird sugar cravings. And I'm running out of tissues. I've been through over 500 in the last five days.

I kinda miss my ex.

In the year two thousand . . . seven

2006-11-25T22:17:00.000-08:00

In six months, I will get my results from the February 2007 California Bar Exam. Crazy.

Adding Insult to Injury

2006-11-22T14:15:00.000-08:00

Around 6:10 last Friday night, it started. The mass e-mails and text messages began pouring in. Funny how no one ever sends out a message that they failed. They've finally stopped, but it's really annoying how people posted bulletins on Friendster, MySpace, etc. about passing. I don't mind them posting per se, since I know they want to share their happiness, but I wish I could delete the bulletins. I really don't need to see that every time I sign on.

On Thursday, when I was foolish enough to believe I just might have passed, I had resolved not to send out any mass e-mails to anyone who took July. That’s just not nice.

It’s also annoying to see that people have changed their profile every time I log onto Friendster. Everyone changed their occupation to “attorney” or “lawyer,” although I’m pretty sure all of them have yet to be officially sworn in. I know, I’m splitting hairs and being bitter. I would have done the same thing in their position. But still. Friendster is annoying me.

At least the Bar waives the $50 late fee for "unsuccessful" July exam takers. Fuckers.

Oh wow, I really, really failed

2006-11-21T17:25:00.000-08:00

So I finally got my letter from the Board of Examiners in the mail yesterday. It turns out I didn't want the freaking letter. I was no where near passing. But I did better on the essays that I thought I did well than on the essays I thought I didn't do well on, so at least I have some vague idea of how to gauge my performance. Now I just have to hone that. But as a fellow repeat taker told me on Sunday, "I wasn't WAY, WAY, WAY off." I like that thinking.

I have felt amazing good today. It's nice. An associate at my firm who failed the CA Bar the first time she took it pulled me into her office yesterday afternoon for a pep talk. She was very helpful. The best thing she told was, "You have to give yourself permission to take the Bar again." I really liked that. I give myself permission to retake the Bar. I fucked up, and it won't happen again. I'm not going to give up.

I gave my notice, and I'm leaving my firm in three weeks. I will have two and a half complete months to study for the Bar, although I am going to do some studying in the next few weeks as well. I have a plan. I like plans. I can do this.

I think the ostriches are on to something . . .

2006-11-20T12:58:00.000-08:00

It's very painful being at work. Today, our supervising partner started a meeting with, "Congratulations to those of you who passed," and, looking at me, said, "And for those of you who didn't, I'm sure this is just a minor blip in your legal career." I felt like crying. But instead, I smiled and softly replied, "Thank you."

I'm kicking myself for not studying this summer. Whatever happened to my plan of "cry and study" simultaneously? I guess I'm doing it now.

I want to find a hole and crawl into it. I would come out of said hole for the February Bar. I so do not want to go back to the Oakland Marriott.

The Walk of Shame

2006-11-20T11:42:00.000-08:00

No, that one. It's the first time you have to walk past your colleagues after failing the Bar exam. Obviously, everyone is very nice and supportive, but right now, I want to cry. I was doing okay, but just now, it hit me -- I failed the Bar exam. I feel like a complete loser. I'm the only one (of five) at my firm who failed, which is a good thing, but I just feel like I'm a downer on everyone else's celebration.

I wore waterproof mascara today. Of course, I've been wearing it as much as possible for years, given what's been happening in my life.

I miss having someone to come home to. I know I'm trying to become independent, and I do have a great support network of family and friends, but right now, I'm just sad.

Going into the summer, I knew taking the Bar was a crapshoot. But it still hurts.

We're going out to lunch today. I will not cry.

I almost wore my "The Bar exam ruined my summer and all I got was this lousy t-shirt" t-shirt today. But it just hit too close to home. That's one thing going into the Salvation Army box, along with my "First timers do it with better percentages" t-shirt. For this second-timer, I hope I can just do it.

Failure

2006-11-19T11:03:00.000-08:00

I keep thinking to myself, “This is not happening to me. This sort of thing doesn’t happen to me.”

I know I’m not perfect, but I project that image a lot, and when it came to school, I always seemed smart. Even though I had a very bad law school experience, complete with poor grades, I think I had a pretty good reputation overall. A lot of people have contacted me and told me they’re very surprised I didn’t pass, which is very sweet.

I don't know what happened to my life. I look back, and I don't know where I made a wrong turn that set me on such a terrible path. Perhaps that's my problem: I see my life in terms of black and white. Sometimes things are gray -- neither bad or good. They can turn out either way, depending on what you do next.

Last night, I was thinking, this is my first REAL failure. And then, I realized that I've had a lot of disappointment in my life, but how I dealt with those disappointments shaped my future.

When I got my first B in high school, knocking me out of contention for valedictorian, I was so upset. I got another B the next semester, but my senior year, I worked really hard and got a 4.0 first semester, just for me. When I didn't get into Harvard or Stanford, it sucked, but I went to Berkeley and had an amazing four years. When I didn't clear 170 on the LSAT and didn't get into my dream law school, my decent grades and LSAT score got me into great law school. While I didn't make the most of the academic experience that school could offer, I took really interesting classes from great professors, was an Editor-in-Chief of a journal, and participated in a lot of meaningful activities, not to mention forming dozens of friendships that I will treasure in the years to come. And I got a great job post-graduation, albeit a temporary one.

The only "failure" with which I haven't yet been able to cope is my ex-fiance's repeated break-ups with me. It still hurts me, and while I know it probably always will, to some degree, I know I'm not "normal" yet. So I have to work on that, and dealing with the Bar. I want my freaking letter saying that I failed (wow, I typed "passed" initially -- major Freudian slip there) and my packet of essays.

One thing I realized on Friday is that, for all of college and law school, my goal was to become a lawyer. My ex was with me the all those years, but not for the Bar exam. It was really weird, realizing that he wasn't there for the end result. I still don't have that end result, but I think I'm ready to do it on my own. I just wasn't ready this summer.

I feel bad for my mom. She looks so upset. I'm an only child, so my parents put all of their hopes and dreams in me. But it's actually not about prestige this time. My mom feels like she could have done more for me in the last two years. But I couldn't tell her everything that was going on. I was still hoping to marry my ex, and if she had known everything (she still doesn't), she would have never liked him.

Ugh, the idea of having to sit still for three days again.

All Hope is Gone

2006-11-19T09:34:00.000-08:00

I was holding onto a small ray of hope that the website was wrong.

No longer.

Thank you my friends

2006-11-18T11:19:00.000-08:00

Thank you for the outpouring of support, via comment and e-mail. My poor mother is still confused as to how I could fail, saying "But you're so smart and you're such a good writer." She's been very supportive, and my dad, who is in India, sent me a very nice e-mail.

I know why I failed. I didn't study. It's plain and simple. I focused on my pain, and I didn't force myself to study. I didn't pay attention in PMBR or BarBri, I cried through some of the lectures, and I even missed a few lectures. When I got home every afternoon, I didn't study. I just lay in bed, either crying or mindlessly writing, watching TV, or reading old e-mails from my ex. For the first month of bar study, my ex and I were still talking for hours a day, although maybe I needed that. I spent a lot of time on the phone the month before the Bar too. I didn't get it together. I don't remember ever reading the Mini Conviser the night before a lecture, and I did a total of two partial outlines. I believe I turned in a total of three practice essays. I just didn't know the material. I faked my way enough through law school to graduate, but I couldn't do it with the Bar.

I will do it right this time. I will study. And I will go to the gym, because I hate my body, and I know that's not helping my pysche.

My ex, after my GPA fell for the 5th semester in a row last December, told me that maybe I had to hit bottom to be able to get my life together. I guess he was right. I just hope this is bottom. I don't think I can handle falling any farther.

Nonetheless, I am grateful for my life. I have food, shelter, family and friends, and am in reasonable health. There are billions of people on the planet who hope for only that.

I fought the law and the law won . . . this time

2006-11-17T20:02:00.000-08:00

I guess it just wasn't meant to be.

Round 2, February 27-28, March 1, 2007

T minus 4

2006-11-17T14:02:00.000-08:00

July 2006 California Bar Examination Pass List

The State Bar of California makes the pass list available on this page in two phases:

1. Applicant-Only Search

Results from the July 2006 California Bar Examination will be mailed to applicants on Friday, November 17, 2006. Applicants will be able to access the pass list that evening, beginning at 6:00 PM (PST) using their applicant number and file number.

Results will be available in 4 hours

I think I'm going to puke.

You know you're waiting for Bar results when . . .

2006-11-11T18:32:00.000-08:00

1. You feel shaky all the time. At least, I do. I guess my nerves are getting to me.

2. Everyone you know asks you how you did on the Bar, and you have to explain for like the millionth time that the results aren't out yet.

3. You sometimes fantasize about what it's going to be like to be a lawyer or how great it will feel when you find out you passed. And then you don't want to get your hopes up, so you tell yourself to not think about it. Then you start freaking out that you failed.

4. You plan on getting very drunk this Friday.

5. Your employer starts asking you about "your plans for the future."

Good luck this Friday my friends. I wish you all the best of luck. Should you care, I will post my results, pass or fail, by Saturday. Remember to get your file and application numbers ready.

WE'RE DONE!!!!!

2006-08-02T14:11:00.000-07:00

Law School Tuition: $54,000 (yay public schools!)

Taking the Bar: $4,900 (approximately)

BEING DONE WITH THE BAR EXAM: Fucking Priceless

Realizing just how amazing your family, friends, and even strangers are:

even more priceless =)

Taking the Bar exam was a surreal experience. When the announcer announced “Time,” the room broke out in thunderous applause. I was so happy and I couldn’t stop smiling. I don’t know why, but I wasn’t sure if I would survive the whole ordeal that is the Bar. I thought I would get really sick before, or, during, the exam, or that I would just start crying at some point and not finish. But I finished. And I may have actually passed.

My friends were amazing. After the exam, many of my classmates told me how impressed they were that I made it through the whole exam. I really appreciated people understanding how hard this process was for me. I was a little jealous of the people who had friends and relatives waiting for them at the end of each day, because I know my ex would have been there, but one of my best friends, who was also taking the Bar, waited for me after every session. It was nice to know that there was someone out there for me too. And when we were done, instead of getting flowers from my ex and getting drunk with him (when he finished the Bar, I brought him Jamba Juice, because, what do you bring a guy?), my friend and I grabbed some snacks and went home. It’s not what I originally expected, but it was wonderful in its own way.

My thank yous, in no particular order:

To my readers: Thank you for your e-mails and comments. They meant so much to me, and kept me going at times when I didn’t want to pick up a book.

ls: My dear Bar buddy. I barely knew you two and a half months ago, but now you’re one of my closest friends. Not only did you help me with basic things, like getting groceries and giving me rides, you helped me so much emotionally. You have a great heart and I knew I could always call you. I’ll miss hanging out with you every day; you must e-mail me at least every few days or I’ll go into withdrawal!

MBA cutie: You have been there for me for 13 years. No matter how many times my ex broke up with me, and how many times I took him back, and vice versa, you always supported my decisions. Even though we’ve spent the last few years 3,000 miles apart, it’s like you never left.

My fellow Bar-taker who waited for me: You got me through the exam. I wouldn’t have survived it without you. There really are no words to describe what you’ve done for me, this summer, or over the last ten years.

SI: We were friends in law school, but you went above and beyond the call of friendship this summer. You were always willing to listen to me, whether it was in person or online. You were the voice of reason in my emotionally depressed world. I am so glad we became better friends and I look forward to hanging out with you in the future, hopefully when I’m in a much better mood. =)

RK: Your sarcastic wit in BarBri always made me laugh, not an easy thing to do a few months ago. You are a lot of fun, and the combination of you and SI is a phenomenal bad mood breaker.

RL: You barely knew me five weeks ago, and yet, you were amazingly supportive. I don’t think I’ve ever spent that much time on the phone with someone, other than my ex. I hope to be able to help you when you take the Bar.

Liz: Thank you for making me go out. Unfortunately, you’ve played that role more than once, but even though you are also friends with the ex, you’ve always been there for me. I’m glad I got you in the “divorce.” You’re worth way more than DVDs.

Rajiv: You have always been able to show me how stupid I’m being, and this summer was no exception. Thank you for helping me remember how important the Bar was, so that I at least got a few days of studying in, and that it’s not so bad being single and just hanging out with friends.

My ex: Thank you for your kind words. Even though I remember the bad times, I remember a lot of the good times. The night before the first day of the exam, I remembered you telling me that I was smart and a good writer. It helped me.

There is a lot more that I want to talk about, but post-Bar, I had to move, which was exhausting, and I’m taking off to Hawaii in a few hours. It will be very fun, but I’m also going for the ABA Annual Meeting, so I’m going for networking purposes too. I have to go pack.

Good Luck!

2006-07-24T13:13:00.000-07:00

Dear Friends,

Good luck over the next 3 days! Thank you for sharing my pain, my fears, and my successes with me this summer. I hope we will all be colleagues come November.

Best wishes,
N

Top Ten Songs for the Bar

2006-07-21T17:52:00.000-07:00

My Top Ten Inspirational Songs for the Bar
1. "Eye of the Tiger," Survivor
2. "Survivor," Destiny's Child
3. "I Will Survive," Diana Ross (notice a trend here?)
4. "Stronger," Britney Spears
5. "Fighter," Christina Aguilera
6. "Beautiful Day," U2
7. "Light and Day," The Polyphonic Spree
8. "Bad Day," Daniel Powter
9. "How to Save a Life," The Fray (Not upbeat, but just so beautiful, I find it very moving. "Over My Head (Cable Car)" is very good too.)
10. "Such Great Heights," The Postal Service

Some Honorable Mentions:
1. "You've Gotta Be," Desiree (very girly, but inspirational for me)
2. "Hung Up," Madonna (just very upbeat)
3. "Good," Better Than Ezra (fun to sing)
4. "Blasphemous Rumors," Depeche Mode (also fun to sing)
5. "Sugar, We're Goin Down," Fall Out Boy (fun to sing, and possibly describing how the Bar will be going)
6. "Soul Meets Body," (pretty :))
7. "Wanted Dead or Alive," Bon Jovi (super cheesy, but I don't know, I just like it)
8. "A Little Respect," Erasure (another fun to sing song)
9. "Try Again," Aaliyah (not usually my style, but I liked it a lot back in college
and it just stuck)
10. "Lose Yourself," Eminem (despite Jodie Foster's terrible rendition at Penn and its innate cheesiness)

How I feel when I'm freaking out: "Fell on Black Days," Soundgarden (I know, so old school, but it totally describes my mood.)

Some random songs that are law-related:
1. "I Fought the Law," originally performed by the Bobby Fuller Four, it has beencovered by The Clash, the Dead Kennedys, and Green Day
2. "California Sex Lawyer," Fountains of Wayne
3. There is a song called "Bar Exam," by a band called The Derailers, but it's not about our sort of Bar.
4. "Old School," by the Canadian indie rock band Bran Van 3000, has the following lyric: "Whatcha gonna do when you get out of law school?" Excellent question. Cram, take the Bar, cry, and then go far, far away?

A song that I think describes I'll feel during the Bar exam: "Under the Bridge," Smashing Pumpkins

I know I probably left out a bunch of great songs, but I welcome suggestions. :)

Good luck everyone! Make the most out of your weekend! But leave time for eating, sleeping, and maybe even taking a break or two!

You know you're taking the Bar when . . .

2006-07-20T21:19:00.000-07:00

1. You've taped flashcards to your medicine cabinet so that you can study while you brush your teeth.

2. You go through a 12-pack of Coke in three days and you know the employees at your local coffee shop on a first name basis, as do they for you (actually, for me, the latter happened 1L year).

3. When someone starts talking to you about the law, your mind quickly thinks about whether what he's talking about will be on the Bar. If it's not, you tell him to quit bothering you. (Sorry R.! I'm more than happy to debate con law in a week!)

4. You're amazingly irritable and impatient. In line at the grocery store, you feel like yelling at customer in front of you because she is slowing you down by looking for coupons in her purse. You feel like pushing people aside when you run to catch the last train that you can take to be on time to BarBri or PMBR. But really, why do people stand on both sides of the escalator? The right side is for standing and the left side is for walking. However, I've realized, over the last few years, that due to most Americans' girth, my own included, that it's really hard to pass people on an escalator. The people who are standing often occupy more than half of the escalator's width.

5. You have no desire to eat real food, mostly because the idea of having to prepare and cook food seems so tiring. As such, you end up living off of cookies, candy, and, if you're lucky, fruit. Occasionally, you muster the strength to pour milk and cereal into a bowl. You use a plastic bowl and spoon. You can't be bothered with dishes at this point.

6. Your favorite study break is planning your bar trip. =)

7. You have weird nightmares involving failing the Bar. I think mine are in Technicolor.

8. Days go by without you leaving your apartment. Going out to get the mail becomes the highlight of your week.

9. You find that washing your hair isn't as important as it used to be. And blow drying it straight? You've got to be kidding me. And actually, if your hair isn't freshly washed, it's a little straighter anyway. Killing two birds with one stone there.

10. While you appreciate their support, when friends and family tell you, "You can do it! You're so smart! You'll pass!," you just want puke. But instead, you smile politely and thank them for their encouragement.

PMBR 3-Day: Scared or Encouraged?

2006-07-19T17:58:00.000-07:00

Taking a practice MBE a week and a half before the actual exam is a little intimidating. I did okay, but it's scary how little I know.

My last Best of:

1. Did you know one can embezzle a dog? I guess it makes sense: if you are entrusted with chattel and misappropriates it, it's embezzlement. That's almost as good as converting a dog. Actually, it is converting a dog, but embezzlement is distinguished from larceny because an embezzler has rightful possession of the personal property, while one who commits larceny (a larcenist?) misappropriates property that is not in his possession. But the idea of converting a dog is so much funnier than just embezzling a dog.

2. I never knew nudum pactum (naked pact) was an actual legal term.

3. I like how Robert Feinberg can make fun of himself. One of the multiple choice questions dealt a true story in which Feinberg used a quote from a student's letter for commercial use. He settled with the student.

Robert Feinberg says we're finely tuning our knowledge now. What if you were never tuned?

One needs endurance for the Bar exam. It reminds me of a debate tournament. By the end of the third day, you're tired, your whole body hurts, you can't think, but you have to go on. Sometimes, it's more about endurance than actual skill.

Studying for the Bar actually reminds me of being pregnant. I've never been pregnant, but my friends and I have been having the weirdest cravings. I usually crave soda, ice cream, popcorn, or chocolate, but I have made some weird combinations for dinner, like biscuits and chocolate chip cookies. I love carbs.

I'm off to try to gain some skill.

Best of Wills and Trusts

2006-07-10T20:12:00.000-07:00

Days 30-31

1. The story of an exam taker who ran out of the exam, yelling "I'm a covenant, running with the land!" The lecturer acknowledged this as an urban myth; does anyone know if it's really true? I had heard of it before, but always thought it to be just one of those stories.

2. What is a statute of Elizabeth? I don't even remember where this was referenced, but it was so random.

3. My neighbor, when the lecturer told us yet another "inspirational" story, this time about an exam taker who missed the first day of the Bar, but took the last two days to practice: "If he says he passed, I’m going to throw up."

4. The same neighbor, when the lecturer emphasized a point: "He thinks everything has a powerful message."

My poem about my feelings about Wills:
wills and trusts is boring.
i will actually die of boredom.
and then no one will predecease me.
and thus, we do not have to worry about the anti-lapse statute.
unless my beneficiaries killed me, or died simultaneously.

I have created my own mini-essay practice question regarding Wills:

While fulfilling his blood debt to Davy Jones, Captain Jack Sparrow was gravely injured. Believing that his death was imminent, Captain Sparrow bestowed a wedding gift of treasure to Will and Elizabeth. However, as he was on his deathbed, he could not retrieve the treasure himself. As such, he gave the soon to be newlyweds a map leading to the spot where the treasure was buried. But when Captain Sparrow passed away, his next of kin claimed that the treasure belonged to him. Was a proper gift causa mortis delivered to Will and Elizabeth?

Answer: A gift causa mortis is a gift made in contemplation of imminent death. The gift must be private property, and the donor must deliver the gift to the donee. The donor must perish; otherwise, should he survive his peril, the gift is revoked. Sparrow made the in contemplation of his immediate death, the treasure is private property, and Sparrow did die.

Under common law, a literal or figuarative key is constructive delivery of a gift. The treasure map is such a figurative key, because it leads one to the buried treasure. As such, delivery was effectuated, and thus, Sparrow's gift to Will and Elizabeth is a proper gift causa mortis under common law.

The modern view holds that a constructive delivery occurs whenever the donor has done everything possible to effectuate a delivery and there is no issue of fraud and mistake. The fact pattern gives no suggestion of fraud or mistake; it does not appear that Captain Sparrow made the gift to Will and Elizabeth accidentally or was induced to make the gift via fraud. The next of kin could argue that Sparrow did not do everything possible to effectuate a delivery. Although Sparrow himself could not obtain the gift, the next of kin could argue that Sparrow could have sent another pirate to retrieve the treasure. However, a treasure map allows Will and Elizabeth to retrieve the treasure, and, as such, even though there is another alternative for delivery, Captain Sparrow did do everything possible to effectute delivery. Thus, delivery was proper under the modern trend as well.

Days 25-28: Corporations, Essay Workshop 3, PR, Community Property

2006-07-06T21:26:00.000-07:00

The lecturer was interesting. He reminded me of an auctioneer, and of my own Corps professor. I was having major déjà vu. The BarBri lecturer had an interesting way of pronouncing some words, e.g. "jar-gon." His vocal inflections reminded me of Oprah.

I missed the Essay Writing Workshop. I just couldn't wake up, and when I heard it was a waste of time, I didn't bother to make it up.

PR was just boring. I didn't like the lecturer, although she seemed nice. There was a great quote during the lecture though. It went something like this, "If sex is making you stupid, then stop having sex" (in reference to CA Rule 3-120).

We learned in Community Property that a professional degree is not property. Always good to know.

The Dreaded Practice MBE

2006-07-06T21:17:00.001-07:00

Some of the questions were funny. It was interesting to see where students were i the test based on when they laughed.

I got just below the average, which isn't so bad, given that I haven't done the vast majority of the questions, but that's what I was getting seven weeks ago when I started PMBR! =(

That whole weekend of review was too much. I went late on Saturday a just couldn't make it Sunday.

I have nothing to say about the Remedies lecture, Day 20. Sometimes, there just isn't anything funny.

Days 17-18: Criminal Law/Procedure

2006-06-24T14:26:00.000-07:00

I got behind in my "Best Of," but I'm trying to write again. I just get into these moods where I just lay in bed all day. So not good.

I liked not having to take so many notes for Crim, but the length of the book was SO annoying.

It was so funny when the lecturer would talk about recent court decisions without naming them. It's not like we don't know them.

There were a lot of good stories in the Crim Pro lecture, but now I don't remember them. =( There was something about stealing a Buick.

There is this girl in the class who keeps talking to the video. It's very annoying.

Thank you for ruining my coffee, Professor Epstein

2006-06-24T14:15:00.000-07:00

Best of Days 14-16: Contracts 1-3

1. An example to explain whether the buyer or the seller bears the risk of loss: “the armadillos are on the 4:13 to buffalo, they’ll all be wearing orange neckerchiefs, can’t miss them.” Neckerchiefs? Gotta loves those rapping, taco-eating armadillos though.

2. The examples involving "kosher grits" were interesting. Not two words you often hear paired together.

I wish he hadn't used an example of rats living in coffee beans. A lot of us get coffee during the breaks!

My Contracts Professor voted for John Edwards in the 2004 Democratic primary because of his views on the parol evidence rule. When the class turned on him, he said, “Well, I don’t know John Kerry’s opinion on parol evidence.”

Best of BAR/BRI, Days 12-13: Performance Test

2006-06-18T20:17:00.000-07:00

Professor Honigsberg made a lot of people feel better about passing the Bar. He did give me hope, but I think luck is going to have a lot to do with my performance on the Bar.

Best of:

1. The physical dangers of taking the CA Bar. There was an earthquake in Pomona one day of the Bar. So the proctors had all of the test takers leave the room. They wouldn't allow anyone to use their cell phones for test security reasons, so people were worried about their friends and family. Since there were 17 minutes left in the exam, the proctors told everyone to come 17 minutes early the next day. Of course, when they called the Bar Association, they were told they couldn't do that. Poor students.

2. The cream of mushroom flood. One year, on the 101 in LA, I believe, students who were driving to the Bar exam could not get to the test center via the highway, as a truck carrying Campbell's Cream of Mushroom soup overturned at 6 am, completely blocking traffic. The test takers were completely stuck, and of course, screwed. Scary Bar story.

Oddly enough, a similiar occurrence happened with me in London nine years ago, although I was on my way to the airport, not the Bar, it was a garbage truck, and I made my flight by bypassing security and customs. This was, of course, pre-9/11.

3. Sleeping pills can backfire. A test taker couldn't sleep the night before the exam, so she took half a sleeping pill, as was her custom in such situations, but was still awake an hour or so later. So she took a full pill in addition to the half pill she had already taken. When she was still up at 2 am, she took more sleeping pills! Luckily, she did wake up in the morning, and to wake herself up, did jumping jacks, took cold showers, and drank a pot of coffee. She said that when she could see what she was doing during the MBE, she was circling, "A," "B," "C," "D." At the break, she wanted to quit, but she completed the exam. She passed. "Never give up, never surrender."

There also was a story about someone who drink too much wine to relax. I'm not sure if that person had the logic to pass the Bar.

4. You can pass the Bar with brain damage. There was a veteran who had failed the Bar three times. Due to brain damage he suffered from injuries received in the Gulf War, he couldn't read very fast. Professor Honigsberg tutored the student via e-mail, telling him to start writing at the ninety minute mark, no matter what. The student usually could have only read one or two cases by then. But he did it, and he passed.

So I found Professor Honigsberg very inspiring, but some of my friends didn't like him. They said he makes it sound like you're stupid if you fail the Bar. I think he was just trying to make people less freaked out.

5. One year, no one understood the con law essay. Well, Erwin Chemerinsky understood it, but he wasn't taking the test.

Watching the students in the front row eagerly raise their hands, my neighbor commented: “There are gunners even in Bar/Bri."

Best of BAR/BRI, Day 10 - Con Law 1

2006-06-16T16:23:00.000-07:00

Again, I don't post for a week. But Best of BAR/BRI is back.

Last Friday, we had the honor of watching the Con Law 1 lecture of Professor Erwin Chemerinsky. I love him. He's hilarious.

1. Chemerinsky enjoys using cheesy jokes, like using an example with cows, and talking about someone's "beef." It's cheesy, but he just delivers it so well.

2. Professor Chemerinsky told us of shopping in a grocery store with his 8-year-old son. He asked his son to be quiet, and his son informed him that he had a First Amendment right to free speech. Chemerinsky explained to his son that the First Amendment only applied to government action, to which his son replied, "But Dad, you're like the government to me!" Priceless. A new generation of con law scholars. =)

There was one more story I liked, but I can't remember it. =(

I liked the Con Law lecture. I'm taking my citizenship test this year, and reviewing the very basics is helpful. It's silly, but the first time I encountered the question, "What is the U.S. Constitution?," I wasn't quite sure what the "correct" answer was. If it was the actual test, I would have babbled on about the commerce clause and the Bill of Rights, rambling about limitations on governmental power. The answer is "the supreme law of the land," which Chemerinsky actually said. Funny.

I was watching TV while cooking one night (I can't go over flashcards or MBE questions during meals. I admire people who do, but I need a mental break), and during a cross examination on Law & Order, I heard myself say (in my head): "Objection, hearsay." That's not so unusual for a law student, or even a pre-law student. But then, still in my head, I responded to myself, "present sense impression, lay opinion" (it was a question about someone being angry). BAR/BRI is making me insane.

Unfortunately, I have no "Best of" for Day 11, Con Law 2, because I woke up with a horrible headache, was exhausted, and was dizzy, so I decided that was a lecture to make up later.

Some Crim Law Review

2006-06-12T09:54:00.000-07:00

Robber Sues Victims After They Beat Him

ROCHESTER, N.Y. A man is suing an auto-parts store for assault and battery after he attempted to hold up the business and employees responded by beating him with a metal pipe.

Dana Buckman, 46, walked into an auto shop brandishing a semiautomatic pistol last summer, only to have it turned on him by two AutoZone employees, police said. The men beat Buckman with a metal pipe and held him with his own gun.

Buckman escaped and was arrested a week later.

He pleaded guilty to first-degree robbery and was sentenced to 18 years in prison as a repeat violent felon.

Buckman claims the men chased him out of the store and continued to beat him. He is suing the auto shop and the men for the injuries he suffered and for emotional distress.

"In some respects, you wonder if a case like this even needs a defense. It speaks for itself," said lawyer Patrick B. Naylon, who represents AutoZone and the employees.

But lawyer Phillip R. Hurwitz, who represents Buckman, said the employees crossed the line by pursuing Buckman and attacking him.

"The danger was past," Hurwitz said. "These two employees took it upon themselves to go after Mr. Buckman after he left the store."

Available at: http://breitbart.com/news/2006/06/12/D8I6LE400.html

Hat tip: friend S.I.

Oh my G-d, I got an A!

2006-06-09T21:48:00.000-07:00

The first semester of my 2L year, I took a seminar. The only requirements were to write these "discussion papers," do a presentation with a group, and write a final paper. I was not doing very well that semester, and, after consulting with the Academic Dean, I asked the Professor if he could give me an incomplete until I turned the paper in the Spring semester. He was fine with it, but when I gave my paper to Faculty Support in Spring 2005, and they sent it to the Professor, he lost it! And since my computer died during finals of that semester, I thought I didn't have a copy of the paper anymore. I knew I had it on some disk, but I couldn't find it, and I couldn't find the paper in any of my e-mails accounts. I was really worried I would have to rewrite it. A friend accessed my old hard drive, but we could only find an 8-page draft of the 17 page paper. But then, I thought of another search term I could use in my gmail to try to find the paper, and I found it! And I got an A! The Professor is known for giving a good number of A's and A-'s, but I'm still happy. It's a small ray of light in the darkness.

I needed this. Sometimes, fate is kind.

Best of BAR/BRI, Days 5-9, Evidence 2, Essay Workshop 1 and Real Property

2006-06-08T17:01:00.000-07:00

I was out of town for a few days, so I didn't have time to post. Sorry to all five of my readers. =)

So here goes:

Day 5, Evidence 2

There was only one thing that I found interesting: Professor Rossi said that he once let students out early in a class that he taught in LA. "I broke up half a dozen marriages that night; it's LA!" I turned to my friends and said, "that isn't funny." Why do people find infidelity funny?

Day 6, Essay Writing Workshop 1

No "best of" moment(s), but I totally bombed the essays. I guess it's still in the early stages, but I'm still freaked out.

Days 7-9, Real Property

Paula Franzese. Do I need to say more? I love her, but I know she annoys some people. But I find her passion and her willingness to embarass herself refreshing and sweet.

I knew about her teaching style before, because my ex had her in BarBri. He said her quirkiness reminded him of me. I take that as a compliment; it was meant to be one.

So the best of Professor Franzese:
1. The Sinead O'Connor rule of property: a living person has no heirs.
2. The Mick Jagger rule of property: You may convey less than what you started with, but you can't convey more. In other words, you can't always get what you want.
3. FSD/POR: Frank Sinatra Doesn't Prefer Orville Redenbacher - Fee simple determinable and possibility of reverter are always together.
4. Janet Jackson, a tenant, installs a heirloom chandelier in the dining room. At the end of her lease, she wants to remove it, but the landlord says she can't, becuase it is a fixture. Assuming it is a fixture, what do you tell Janet? "I'm sorry Miss Jackson, but I am for real." "Janet is upset, she doesn't want to lose face like Michael."
5. For her honeymoon (what is up with all these relationship references? I guess i just notice them now), Professor Franzese and her husband took three weeks off from their firm associate jobs and rented a place in Hawaii. The first day of their honeymoon, a hurricane came in. They were greated on the tarmack with bullhorns exclaiming that the vans for higher ground were leaving. Her husband turns around to look for her before getting into the van, and sees she's just leaving the plane. She claims that she went back to the plane to look at their contract of lease to determine their liability for the property in the event of a natural disaster. I'm not sure how much of this is true, but it was a great story.
6. The Dido property song. I don't remember what area the song was about, but it was good.
7. She took her then 4-year-old daughter to meet the band at an 'N Sync concert. She had to yell, "Lance, JC, Joey Fatone, Chris, Justin, I love you!," because when she told her daughter to yell out to them, her daughter looked at her with pleading eyes and said, "No Mommy, you." Such love. =) An aside: While recounting the story, Professor Franzese forgot one of the members' names, and when someone in the audience yelled out Chris, she said, "Oh yeah, remember when Eminem dissed him in a rap? 'Chris Kirkpatrick, you're going to get your ass kicked.'" Back to the story - Afterwards, they went to buy Britney Spears' new album, which contained, "I'm not a girl, not yet a woman." Her son added "I'm an idiot," to the title to upset his little sister.
7. "There are ponies," in reference to surviving the Bar exam.
8. On our pain studying, "It too will pass, and so will you.” That was nice.
9. Her congratulations to the student from India.
10. Telling us that water from watercourses is owned by the people who own the land, and that those people are called "water people." I actually wrote that down. I'll believe anything BAR/BRI tells me.

Professor Franzese has an impressive knowledge of pop culture and she's an amazing storyteller. I really liked her lectures.

Randomly, on Saturday, I was running a little late, and to get to BAR/BRI, I walk through a little alleyway. It was totally desolate in the morning. This guy starts walking towards me, and as he passes me, he gets closer and then says something like, "I'm going to burn you." Little spooky, but not unusual for this area.

Best of BAR/BRI, Day 4 - Evidence 1

2006-06-02T22:00:00.000-07:00

I like writing about my favorite parts of BAR/BRI, but there isn't much to highlight today:

1. “Never say ‘what if’ to an MBE question. Let the professors make up the crazy hypos while they're high on crack.”

2. “As you can see, the dead man statute is of great help to the fact-finder, as he hears from neither party.”

3. “When my Uncle Rossi came to this country, he was asked the most important question of his life: ‘do you advocate the overthrow of the U.S. government by force or violence?’ Uncle Rossi thought for a moment, and then said ‘violence.’ He thought it was a multiple choice question! We still hear from Uncle Rossi, when he calls from the old country.”

Not much to say. I'm behind, but I'll catch up this weekend. Everyone tells me to fight, to study, and to pass. I want to do that. I want to be a survivor. But it's not always so easy.

BarBri is still fun

2006-06-02T00:45:00.000-07:00

So everyone thinks I'm crazy for thinking BarBri is fun. But I still like it.

Fun Times in BarBri yesterday:

1. I never realized that the facts from Summers v. Tice pretty much mirror the Cheney hunting accident until now. Weird.

2. On how res ipsa loquitur was created:

Plaintiff: “You stupid justice, you haven’t invented discovery yet.”

Judge: "Oh yes, well, let's create a doctrine then."

The multiple English accents were quite good. And I'm British, so I should know.
;-)

Now if only I could learn to apply res ipsa to my own life.

3. Lecturer: If you keep wild animals, you are strictly liable for their conduct. An example of a wild animal is an elephant. Once, a student came up to me after lecture, and said, "In India, elephants run around in the streets."

N's commentary: Sadly, I was thinking the same thing, but about cows at first, not elephants. But not to be pompous and difficult; I was just thinking about what the rule would be in India, and it probably would be that the cows can do whatever the bloody hell they want. And elephants are in the circus. Is that domesticated or wild? I can see the MBE question now:

The circus came to town in Mudville one day. Tiny Tim heard the loud music coming from the big top,and curious, he snuck into the premises. He saw elephants with pretty ribbons streaming down their backs leaving the big top, and he followed them until they reached their pen. Bobo the clown forgot to feed Dumbo the elephant. Dumbo broke out of his holding area and ate Tiny Tim, a cute little five-year-old boy. Tiny Tim's mother, Minnie, upon learning that Tiny Tim had been eaten by Dumbo, fainted and had to be rushed to the hospital.

Dumbo had never eaten anyone before. In the relevant jurisdiction, elephants must be fully immunized; Dumbo was not up to date on his vaccines.

If Minnie asserts a cause of action against the circus, she will most likely

a. prevail, under the theory of negligent infliction of emotional distress.

b. prevail, because the circus was an attractive nuisance.

c. not prevail, because Tiny Tim's mother is precluded from recovery under the theory of contributory liability.

d. not prevail, because a reasonably prudent person would not have entered the big top from an unauthorized entrance.

I hope I drafted that right. If someone sees a problem with it, please let me know.

I still don't have grades. =( Although, with my track record, maybe that's for the best. =P

No fucking way

2006-05-31T18:51:00.000-07:00

So I didn't talk about which law school I go to, in an attempt to have some anonymity, but it's not like anyone who doesn't know me already reads this, so I'm going to report on school news:

200 McAllister Named Mary Kay Kane Hall The Board of Directors voted to recognize Chancellor and Dean Mary Kay Kane's contributions to Hastings by naming the 200 McAllister building Mary Kay Kane Hall.

Dean Kane worked really hard for Hastings, and it's tough to be the President and the Dean of a school, which is pretty rare too. Naming a building after someone at a school that only has two buildings is a big deal though. But I really do admire Dean Kane for being such a distinguished professor. And at her time, there were very few women going into academics and she managed to rise to the top. A lot of students didn't like that she wasn't very visible to students, but that's just the was our campus was. And a lot of students blamed our falling ranking on her, but I've heard from a lot of administrators that she did fight for us. Still, I'm glad to hear our Dean is committed to getting our rep back up. It's just depressing.

BarBri is actually fun, but depressing

2006-05-31T14:21:00.000-07:00

I really am heartbroken. I’m really enjoying BarBri, but it’s hard to study when you cry for hours every day, and you can’t sleep for more than a few hours at a time. I was late this morning, b/c I kept waking up, either to restlessness or coughing. But I have to get more sleep, I was totally nodding off in class today.

I wonder how much Tylenol is safe to take. A pretty high amount, right? I feel hungover all the time, which is funny, because I actually don't really get hangovers. So I'm really just guessing what one feels like.

Torts is really fun. The lecturer has the best accents. The Long Island accent was hilarious. We're all hoping that the other lecturers will be as great.

I wonder if I can charge my ex with IIED, although I already thought about this during PMBR. I think his conduct went outside of the bounds of ordinary conduct, and thus, outrageous. =) Well, probably not, given the way I’ve seen guys treat my friends. I’m sure as hell experiencing severe distress. Maybe negligence?

Torts is heartbreaking though. Too many examples of dating.

Best of BarBri today:

The best conversion joke I ever heard: “You see a group of cute little five-year-olds running as fast as their little legs can carry them away from a dog foaming at the mouth. So you shoot the dog, and the owner sues you for converting his dog. That's a weird word as a verb, isnt it? Is the owner alleging, ‘you put a yamaka on my dog; he was an Episcopalian?’” Okay, maybe you had to be there. But it's good stuff for Bar study.

“A statement imputing unchastity is slander, although community standards in some parts of the U.S. don’t consider it so.” Sadly, my dad would think such statements were slander.

“Frankly, I think this makes sense, if married people couldn’t talk about their neighbors with each other for fear of defamation liability, they wouldn’t have anything to talk about after the second year of marriage.” I was with my ex for six and a half years. I know it’s not marriage, but we lived together for most of those years, and we never ran out of anything to say. I miss my best friend.

I know I should move on. It would be the smart thing to do. My ex has broken up with me so many times. But it’s hard. I really loved him. I was finally ready to move on with him, to get married, even elope. The doubts were finally gone; I really felt like he was “the One” again. The last time he broke up with me, he admitted it was one of the biggest mistakes of his life. I just don’t want that to happen again. But maybe it’s too late.

And so it really begins . . .

2006-05-30T11:09:00.000-07:00

Today was the first day of BarBri for many of us. It's nice that you get out early the first day; I don't think I could have sat still for 4 hours. I slept for two hours, my eyes are bloodshot from the combination of lack of sleep and crying - I'm just not ready to start quite yet. But I have to be ready by this afternoon. I don't want BarBri to be like law school - me slacking off, hoping things will work out. Because they don't.

I like the paced course. Maybe I'll actually keep up. I need to pass the Bar. It's the first step in turning my life around.