- Myth:
- I Failed Because My Grader was Having a Bad Day.
- Truth:
-
It would take eight different graders to have a bad day to make that statement true. In California, every one of your essays are read and graded. In fact, at least eight (8) different people will look at and grade your written performance. Each essay is color coded differently and is sent to a different grading room. Then a committee member leads a group calibration session. Each group will be responsible for that one essay or performance test. Since there are six essays and two performances tests, there will be eight different graders scoring your exam. Thus, if you are a “bar grader” you will only grade one (1) essay per bar exam.
- Bottom line:
- Just do your best and the rest will take care of itself.
- Myth:
- The February Bar is Harder Than the July Bar (or Vice-Versa).
- Truth:
-
Throughout my experiences with the bar, I have been able to prove only two differences between the February and the July bar exams. First, the February bar exam tends to be colder. Thus, I would suggest wearing a sweater. Second, the February bar exam, on average, has less people than the July bar exam. Hence, parking will be a bit easier. That’s it. If someone tries to tell you differently ask them how they came to that conclusion and the reasons and empirical data to support it.
While it’s true that the July bar exam has a higher passage rate than the February exam, this could be related to a number of factors. Most law schools in California finish in May. This means you have students from Cal, Stanford, USC, and UCLA sitting for the July exam. These schools tend to have a higher passage rate than other California law schools. Thus, this could account for a significant disparity in the numbers. Also, statistics show that if you don’t pass on your first attempt your likelihood of passing decreases. It goes to follow that students who didn’t pass the July bar exam are less likely to pass the February bar exam.
More importantly, the State Bar of California specifically states, “The Committee of Bar Examiners utilizes a grading procedure designed to ensure the difficulty of passing the examination remains unchanged from one administration of the examination to another.”
- Bottom line:
- It doesn’t matter which exam you sit for. But remember, you can’t pass if you don’t try.
- Myth:
- If I Get a Second Read, I Automatically Fail.
- Truth:
-
If you get a second read and pass, you will never know. The California bar exam committee will review your written scores a second time if your score falls above a 1390 but below a 1440 passing score. This is done to ensure accuracy in the subjective grading process. Students who received a second read and ended up passing the exam will have never known that their score fell within that range. It’s only students who didn’t pass that are aware of the fact that they received a second read.
- Bottom line:
- Don’t worry about the things out of your control. Make the best of everything you can do.
- Myth:
- I Need to Study 12-14 hours a Day.
- Truth:
-
The amount of time you study doesn’t compare to the quality of time you study. Many students complain that they spend all day studying and still don’t get anywhere. This pattern is common. Assume you spent twelve hours in the library. If most of that time is spent chatting with friends, texting, checking Facebook, answering your phone, loading and unloading your books, and falling asleep or day-dreaming, no wonder you are not getting anywhere. This is not quality studying, it’s simply wasting time. Here is what you do. Have a plan. Know what you need to study that day and stay focused. Take only that material with you. Get organized. Only sit for a maximum of three hours at a time. Get some exercise. Stay fresh and stay focused.
- Bottom line:
- It’s quality over quantity. Take breaks. Get some exercise.
- Myth:
- Real Property Tests on Archaic Principles.
- Truth:
-
The California bar exam does not test on the doctrine of Worthier Title, the Rule in Shelly’s case, riparian water rights, water courses, or subjacent lateral support. Most real property essays focus on well-known concepts, specifically landlord-tenant law, covenants, easements, and delivery of the deed. On the MBE, you may get one question on the Rule Against Perpetuities. You will not get more than that so don’t stress on it.
- Bottom line:
- It’s easier to see the forest when you aren’t staring at a tree.
- Myth:
- The More I Pay for a Bar Review Course, The More Likely I am to Pass.
- Truth:
-
Just paying for a lot for a course doesn’t ensure your success. Some courses will make you believe that the more you pay, the more likely you are to pass. Nothing can be further from the truth. Here is the bottom line, some courses are good, some are not. But you will get out of it what you put into it. No exceptions. If you pay $15,000 and did none of the work, your chances of passing don’t increase simply because you wrote a bigger check than the next guy.
- Bottom line:
- Do the work - Get the results. Don’t be fooled by gimmicks and lofty price tags.
- Myth:
- I Have to Know “All” the Differences Between the California Evidence Code and the Federal Rules of Evidence.
- Truth:
-
The differences between the California Evidence Code and the Federal Rules of Evidence are slight. In fact, the Federal Rules of Evidence were patterned after the California Evidence Code. See Notes of Advisory Committee on the Federal Rules. Most official comments in the Federal Rule state, “For similar provisions see California Evidence Code §…”
- Bottom line:
- It’s more important to understand the general concepts that are tested and try not to focus your attention on minor differences.
- Myth:
- The More I Write the Better I Score.
- Truth:
-
Precision, conciseness, and accuracy count. Sometimes less is more. The directions on the California bar exam specifically state: “Your answer should demonstrate your ability to analyze the facts in question, to tell the difference between material and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should be complete, but you should not volunteer information or discuss legal doctrines which are not pertinent to the solution of the problem.” This doesn’t mean that you should ignore important points of law or curtail your analysis of main issues. It simply means leave out the kitchen sink.
- Bottom line:
- Answer the call of the question, be concise, and stay focused.
- Myth:
- If I Do Well on the MBE, They Won’t Read My Essays.
- Truth:
-
In California, they will always read and grade your essays. A grader will not know your MBE score when they are grading your exam. Your MBE’s are scored by a non-profit group in Wisconsin (The National Conference of Bar Examiners). The NCBE goes to great lengths to ensure the accuracy and fairness of the MBE. Thus, the written part of the exam and the multiple choice portion are distinct when it comes to grading.
- Bottom line:
- You can’t ignore any portion of the exam.
- Myth:
- I am Not Good at Math so I Will Have a Difficult Time With the Exam.
- Truth:
-
The California bar exam will not force you to do complicated math. Every question which requires some sort of mathematical ability will be relatively elementary. The bar exam is not akin to the GMAT. If you find yourself doing complex equations, it is a sign that you are not on the right track.
- Bottom line:
- The bar exam is testing your ability to “Think Like a Lawyer.” Polished math skills are not required.
