California Bar Exam Primer

Welcome to the California Bar Exam Primer! I was once told that compared to the bar examination, law school seems like just a bunch of quizzes. I found that to be very true. For most of us, the bar exam is the longest, most grueling and comprehensive examination we will ever have to take. It is also the most difficult process most of us have gone through in our entire life. Few of life's experiences will match that of the bar exam. I hope that the information contained on this website will make the bar exam less mysterious and more approachable for people who are now entering the process.

"A Must-Read Resource for Preparing for the California Bar Exam."
-- Santa Clara County Bar Association

"Finally I found a place where I can discover everything I need to know about the Bar in one place!"

"I never would have passed the California Bar Exam if it wasn't for your site!"

"Truly an extraordinarily resource for anyone taking the California Bar Exam."

"The most encouraging and inspiring thing I have ever read."

"The greatest and most comprehensive web site about the California Bar Exam."

I graduated from Santa Clara University School of Law in May 2000. I took and passed the California Bar Exam in July 2000. When I started preparing for the exam, I searched the internet, and I did not find much useful information about the California bar exam on the web. So I went about creating a web site that would contain the information that I was looking for.

Any attorney can be a self-proclaimed expert on the bar exam. The only difference between me and the others is that I have put my knowledge on a web site. My goal for this site has always been to share my experience with others in the hope that they may benefit from what I learned, in the way that a hiker leaves markers along a trail for those who follow. The response to this website, in terms of the comments I receive and number of visitors, have greatly exceeded my expectations, and I am very happy to be able to provide this service. Material from this website has been licensed to national bar exam preparation programs, and cited by Ohio Lawyer's Weekly and the law.com Bar Exam Diary.

Much of the content in the Primer was written while I was preparing for the bar exam in the summer of 2000, but I have updated and supplemented the information continuously since then. From the people I talked with during my exam preparation experience and those who I have spoken with since, I am confident that the experiences which I share in the Primer are typical of what most bar applicants go through.

This page focuses on the California Bar Exam, which I refer to as simply the "bar exam." While some of the information is general in nature and may help those taking the exams of other states, I would recommend that those people check Google.com for information about bar exams in other states.

In addition to the material on this website, I have created a Yahoo! Group for the California Bar Exam Primer. This free service allows members to discuss topics about the California Bar Exam.

The Primer is in no way affiliated with BarBri, PMBR, nor the State Bar of California. The purpose of the Primer is not to advocate any particular bar preparation program, and the Primer is definitely not itself a bar preparation program. My goal is simple: To freely share my experiences with the hope that others may benefit. If you have benefited from the information on this site, please consider making a small donation to offset the costs for maintaining the web server and bandwidth for this site.

I expressly disclaim any representations or warranties about the expertise, reliability, correctness and accuracy of the information on this site and on the pages to which this site links. Nothing on this website nor the pages to which this website links should be considered legal advice.

2. Background Of The Exam

There can be no mistake about it: The bar exam is an exercise in malpractice. The exam asks applicants to give legal advice, without access to any reference materials, and without being able to consult other attorneys or experts. Doing this in real life would violate the attorney's professional duty of competence. But this is how law school graduates become attorneys.

This timeline is not a fixed schedule which everyone must follow, but I do highly recommend adhering to this timeline to assure that you accomplish all of the requirements to become an attorney:

The California Bar Exam is a three-day test given twice a year, in February and July. The exam is given in the Bay Area (usually San Francisco and Oakland), Los Angeles, Sacramento, San Diego, and usually a few other smaller cities.

The exact date of the exam is determined by the last Wednesday of February and July, which is the day the Multistate Bar Exam (MBE) portion is given nationwide. The essays and performance exams are given on the preceding Tuesday and the following Thursday. Different states have different formats and different requirements for their bar exams, and may cover different subjects. California's bar exam is considered one of the most difficult in the country, along with New York.

California Bar Exam Schedule (exact times are subject to some change due to logistics)
	Tuesday	Wednesday	Thursday
9:00-12:00	Essays 1, 2, 3	MBE (100 questions)	Essays 4, 5, 6
12:00-1:45	Lunch	Lunch	Lunch
1:45-4:45	Performance Test A	MBE (100 questions)	Performance Test B

Tuesday and Thursday mornings are the essay segments. Each segment lasts three hours, in which applicants must answer three essay questions. While applicants are not required to allocate one hour per essay, it is inadvisable to do otherwise. The essays count for 39% of the total exam score. The essays cover all of the topics on the MBE, plus civil procedure, California community property, business associations, professional responsibility (ABA and California), remedies, and California wills & trusts. A chart below lists all of the subjects.

The performance test is designed to test practical lawyering skills. This portion of the exam lasts three hours, on the afternoons of Tuesday and Thursday. This section counts for 26% of the total score. The performance exam is a "closed universe" setting, meaning that the only substantive information the applicant needs to know is what is provided with the exam. Applicants are provided with:

The performance exam may test skills from the following areas: Legal analysis, fact gathering, fact analysis, tactics and problem solving, ethics, and communication. The form of the writing that the applicant is asked to produce may be any one of several types of writings, e.g. a memo of law, trial brief, memo to judge, client letter, letter to opposing counsel, case plan, etc. You should practice each type of exam at least once to become familiar with the requirements for each type of writing (i.e. how to write an affidavit, how to write points and authorities, etc.).

The Bar occasionally uses two different versions of the same performance test or essay question. This is important to keep in mind in case you discuss the questions after the exam with other test takers and you find out you wrote a different answer than your friends. If this happens, don't panic, it's likely that there were simply two versions of the question.

The Multistate Bar Exam (MBE) is a 200 question multiple choice exam. The 200 questions are divided into 100 unit sections, one in the morning and one in the afternoon on Wednesday. Applicants have 3 hours per section, or 1.8 minutes per question. This portion of the exam counts for 35% of the total score in California. The MBE covers the topics of contracts, property, torts, constitutional law, criminal law & procedure, and evidence. For the most part, the exam tests the majority law of the country, which is not necessarily California law, common law or the model code. The questions focus on established black letter law, and do not ask questions about the fringes of the law, so that there are no problems for the graders in determining the correct answer. The MBE questions are written by committees of law school professors organized by the National Counsel of Bar Examiners. Most states use the MBE as a component of their bar exam.

The average raw MBE score is in the mid-120's, which translates to approximately 135-140 scaled. PMBR says that the minimum raw MBE score needed to pass the California exam is around 133, or approximately 145 scaled. Attorneys licensed in other states may qualify to waive this portion of the bar exam if they wish by electing to take the attorney's exam, discussed above.

Topics Tested
MBE	Essays
Contracts Property Torts Constitutional Law Criminal Law & Procedure Evidence	All MBE subjects, plus: Civil Procedure Community Property (CA) Business Associations (Corporations) Professional Responsibility (CA, ABA & case law) Remedies Trusts Wills

The MBE tests the majority rules in the nation, as determined and interpreted by the committees of law school professors who write the questions. This is not necessarily common law, or the law of California. Nonetheless, I found that it was too difficult to try and memorize most of the nuances between California law and the MBE "majority" law, so I just memorized the California law and used it on both the essays and the MBE.

Help support the
California Bar Exam Primer

If you benefit from the tips and material provided on this website, donate just $10 to defray the website hosting and domain fees, and you'll get the famous Bar Exam Checklists as a thank you gift!

Click the PayPal logo below to donate via the secure PayPal site using your credit card. Thank you for your support.

Knowing the law is half the battle - the other half is learning how to take the exam. The MBE questions are written to trick the applicants, and most questions have two plausible answers. The best way to prepare for the MBE is practicing questions, and reviewing answers. Most people do between 2,000 and 4,000 practice questions during their preparations. Contracts and property are the most difficult MBE subjects, and the average number of questions answered correctly on those topics is around 50%. As BarBri says, your goal with those topics is "damage control," not getting a high score. Torts, constitutional law, criminal law and evidence are easier, and that is where applicants can focus more of their study time to improve their score.

"You are going to get to the MBE, get to the first question, and you will know the answer. Then you will look down at the four answers, and it won't be there. You give the best wrong answer."
-- Professor Robert E. Scott, University of Virginia Law School

Using data about what subjects have historically been tested, some people attempt to determine the patterns and frequencies of the subjects tested, and attempt to predict what subjects will probably be tested next.

There are some preparation programs that predict subjects and advise their students to focus on those subjects. I have heard rumors that at least one of these people runs a "hotline" that you can call to find out what subjects he predicts will be on the exam. I do not know the hotline number (so don't e-mail me asking for it). I do not personally form any predictions about what subjects will be tested next, and I don't keep track of what other people's predictions are.

Frankly, I think following any sort of prediction would be very dangerous, and I strongly discourage anyone from trying to predict subjects or allowing predictions to determine their study habits. A few years ago one of the prep programs told their students not to bother with community property because they did not think it would be on the exam. No one studied community property, and guess what? It was on the exam.

Bottom line: Don't try to predict subjects, don't follow other people's predictions. You are putting too much at risk, and wasting too much energy.

I believe that allowing bar applicants to type the bar exam on laptop computers was the best decision the State Bar has ever made. The program allows several hundred applicants to type their exams on their own laptop computer using Examinator (aka Examsoft) software. For those of us who are able to type fast, and who are comfortable using computers, the program is a godsend. The main benefits of typing the bar exam is that your hand will not get tired, and you can edit what you have written. Applicants are admitted to the program on a first-come, first-serve basis. If you are interested in participating, you must apply as soon as the exam applications are available.

Examinator is the software which I and thousands of other law students used for our final exams during law school, and I was comfortable that it would not cause any technical problems during the bar exam. I was accepted into the program, and I was among the first group to type the bar exam on the computer, which was much more comfortable for me than writing. The computerized exams have gone well and the program will continue for future exams. For those who can't type on the small laptop keyboards, you may bring in an external keyboard to use.

The bar exam exists as a way of certifying and licensing attorneys to practice law in the jurisdiction. Almost all states require that attorneys practicing law in a state be licensed by that state. This theoretically protects the public from people who are not qualified to practice law.

A prospective attorney becomes licensed by applying for bar admission through a state board of bar examiners. This board is generally an agency of the highest state court in the jurisdiction, or connected with the state's bar association. Each state sets its own criteria for admission. There are no national standards for licensing attorneys, and the American Bar Association (ABA) has no licensing authority over attorneys.

Licensing generally involves demonstrating competence, including the proper legal education, and by passing the state's bar examination. Most states, including California, require the passing of a separate ethics exam, called the Multistate Professional Responsibility Exam (MPRE). Applicants must also prove their character and fitness to practice law, by submitting themselves to a thorough background check.

Regardless of which path is followed to become an attorney, the bar exam is required for admission to the State Bar of California. Admission to the bar entitles a person to practice law in the state of California, and allows the person to call themselves an attorney.

Law students in California who attend law schools which are accredited by neither the ABA nor the California State Bar or who participate in office or judges' programs must pass the First Year Law Students' Examination ("FYLSE", or the "baby bar"). They must pass this exam before they can get credit for subsequent years of study or take the bar exam. The exam is given twice a year, in June and October, in San Francisco and Los Angeles. Students take the baby bar after completing contracts, torts and criminal law courses. The exam is administered by the State Bar of California, lasts a full day, and consists of four essays and 100 multiple-choice questions.

There are commercial preparation programs which will help students prepare for this exam. Do a search on the internet if you are interested in taking such a course. Students who attend ABA-accredited law schools and attorney applicants are exempt from taking this exam. For more information about the baby bar, contact the State Bar of California at (415) 538-2000.

Attorneys licensed in California may qualify to become licensed in Washington D.C., which has liberal reciprocity rules. Check with the D.C. bar association for details.

Attorney applicants may take the general bar examination, or they may be eligible to take the attorney's examination. Attorneys who are licensed in other states and some foreign countries, and who have been an "active member" (i.e. engaged in the practice of law) in good standing for at least four years in their home state, may choose to take only the essay and performance test portions of the bar exam, waiving out of the MBE.

For some people, the MBE helps their score, and therefore attorney applicants should think twice before waiving the MBE, especially if essay writing is not their strong point. On the other hand, waiving the MBE allows the attorney applicant to focus their limited time on preparing for the essays. Attorney applicants should consider whether they think the MBE will help or hurt them, and waive the MBE if they think it will hurt them. Foreign lawyers applying to practice in California should waive the MBE if they are eligible to do so (explained below), so that they can exclusively focus on essays.

Opting to take the attorney's exam frees you up to focus on your essay writing skills, so that you can write better bar essays and pass. Of course, this only works if you actually do reallocate the time you would otherwise spend on the MBE's and use that time for essays. Attorneys who are weak essay writers may be better off taking the MBE portion, because it will probably raise your overall score.

Lawyers may be at a bit of a disadvantage when it comes to writing essays. Once we have been practicing for a few years, we forget how to write a law school or bar exam essay. We tend to slack off on our "CIRAC" method. We think we know how to write essays better now than we did in law school, so why spend time practicing? What we've forgotten is that while we know how to write "lawyer" essays well, we have forgotten how to write "bar" essays well. Spend the time relearning how to write a "bar" essay (think 3 pages, not a 10 page treatise on your personal legal experience with the topic), and skip the MBE's. And don't forget to practice writing neatly, if you are writing the exam longhand.

Attorney applicants are not held to a higher standard on their essays than general bar applicants. The bar graders do not know the essays of the attorney applicants versus the general applicants, and therefore all essays, whether written by an attorney or not, are treated the same by the graders.

Attorney applicants should contact the Bar at (415) 538-2303 as early as possible to submit their qualifications if they desire to waive the MBE.

Attorney applicants should read the State Bar publication Admission to Practice Law in California by Attorneys Admitted in Jurisdictions Outside the United States (available on the State Bar website)

There is no citizenship requirement for admission to the California Bar. A person can be a citizen of any country and be admitted to practice in California. No particular type of visa, including green card, is required for admission to the bar.

People who are educated in countries other than the U.S. must still meet the education requirements for admission. People who have gone to college or law school in foreign countries should contact the State Bar at (415) 538-2303 in order to begin a process which determines "education equivalency." Basically, this involves examining the person's education in the foreign country with the requirements for admission to the state bar, and determining if the education is equivalent to the requirements. Foreign applicants must submit an Application for Evaluation of Law Study Completed and Contemplated (available on the State Bar website). Foreign-educated people who receive an LL.M. from an ABA-accredited law school in the U.S. must still petition for determination of equivalency. The LL.M. usually counts as one year of credit towards the equivalency.

A person who is a licensed attorney of a foreign jurisdiction does not have to comply with the above education equivalency procedures. Foreign-educated applicants and foreign attorneys should check with the State Bar to ensure that they have met all of the requirements for admission. Foreign attorney applicants should read the State Bar publication Admission to Practice Law in California by Attorneys Admitted in Jurisdictions Outside the United States (available on the State Bar website).

A foreign applicant who is a licensed attorney in their home country may qualify to take the attorney's exam (i.e. waive the MBE portion) if they are an active member (i.e. engaged in the practice of law) of the bar of any United States jurisdiction, possession, territory, or dependency for at least the four years preceding the filing of your application. Attorneys who are admitted in any other foreign jurisdiction must take the general bar examination.

I recommend that all foreign applicants sign up for BarBri, and attend every lecture and stick with the Paced Program, if at all possible. You might have a background knowledge of American law from your foreign law school, or you may have taken an LL.M. program in America, but you most likely do not know California law as it is tested on the bar exam, and therefore you are very much in need of a bar preparation course. You may also want to sign up for BarPassers' Tutorial Program as a supplement to BarBri.

Many foreign applicants ask me if home study is an adequate alternative to a commercial prep course. I do not think it is. Home study is not adequate for most applicants who went to law school in California, and foreign applicants have even more of a learning curve. Being in a commercial prep program will give you exposure to applicants who are more familiar with the law than you are, and therefore give you a good group of people to form study groups with and ask questions of.

However, for foreign applicants who need to study for the California bar while they still live in their home country, obviously BarBri's live classroom lectures are not an option. BarBri does have a home study course (videotapes of the classroom lectures), and there are other home preparation programs, such as MicroMash. You can also find used materials from both BarBri and PMBR on eBay, and a number of bar preparation guides on Amazon.com. I must emphasize that home study or self-study is not ideal, and if you can avoid having to do this, I would, but for those who have no other option, this is the best alternative.

Note that you must have a U.S. Social Security Number in order to become a member of the California Bar. An Individual Taxpayer Identification Number (ITIN) is not sufficient.

The California Bar Exam is one of the hardest in the nation. California has an exclusionary bar, which means that rather than merely trying to screen out people who are incompetent, the exam is used to regulate the number of lawyers in the state. Other states have shorter and easier bar exams, because they don't have the large number of attorneys that California has.

After the results are released for each bar exam, the media reports that around 50 percent of applicants passed. While this is technically true, it does not accurately reflect the statistics. In 2003, the State Bar did a study that determined the break-down of eventual pass rates, over three attempts: 90 percent of graduates of ABA-approved law schools eventually pass, compared to 68 percent who attend California accredited schools and 58 percent for graduates of unaccredited schools.

The overall pass rates for California are lower than other states largely because unlike most states, California allows graduates of unaccredited law schools to take the bar exam (there are over sixty law schools in California alone, only 19 of which are ABA-accredited).

The MBE counts for 35% of the total score, and the written portion counts for 65% of the score. The six essay exams count for 39% of the score (slightly more than the MBE), and the performance test counts for 26% of the score (slightly less than the MBE). While this is good information to know, applicants should not allocate their preparation efforts based on these percentages.

Bar Exam = 100%
Written Portion 65% of bar exam		Multistate (MBE) 35% of bar exam
6 Essay Exams 60% of written exam 39% of bar exam	2 Performance Tests 40% of written exam 26% of bar exam

The way the bar exam is scored is quite complicated, and frankly beyond my mathematical abilities to thoroughly explain. If you are interested (and good at math), the scoring system is explained in great detail at the State Bar website. Suffice it to say, the goal is not to "ace" the exam, but merely to pass, and the passing level is significantly lower than the "ace" level. In the words of Richard Conviser, "The bar exam is no place to be an overachiever."

The Moral Of The Story Is...
Two friends went camping and were sleeping in a tent when one heard a rustling sound. He woke up and saw a bear roaming around the camp. He woke his friend and told him that there was a bear on the loose in the campsite. Without saying a word, the freshly-woken friend began to put on his running sneakers. Upon seeing this the other friend started laughing and incredulously asked, "you are not planning on outrunning that bear, are you!? He'll chase you down!" The other friend silently put on his other shoe. The friend asked again, "You do understand that you cannot outrun a bear, don't you!?" At this point, the other friend finished putting on his running shoes and sat up with a gleam in his eye, and said, "I know that I can't outrun a bear. All I have to do is outrun you!" and he took off.

Although the bar exam weighs the written portion more heavily than the MBE, many people believe that the bar trains the graders to fail most people on the essays by a small margin of points. Under this theory, the bar 'calibrates' the graders in training sessions where the bar puts pressure to normalize graders who give 'extreme' scores, either very high or very low, on model answers. Then, once the graders are calibrated such that they are giving most essays roughly the same scores, the bar looks to the MBE to pull up the averages so that the right number of people pass. I do not know if this is true or not, but I've heard it repeatedly from past bar graders.

You can actually pass the bar exam even if you fail all of the essays, although I don't recommend that as a preparation technique. Here's a hypothetical example of how, based on the July 2000 bar exam:

Bob, our hypothetical bar applicant, got 150 raw points on his MBE (75% correct out of 200 questions). In July 2000, this raw score translated through a complicated formula to 1639.80 points, which accounts for 35% of the total score, or 573.93 points.

Bob did below average on his essays and performance test, and managed to only get 65% of the 1000 available raw points (650 points - a low-average score - technically failing every essay). That translates to 1470.24 points, and accounts for 65% of the total score (or 955.66 points).

573.93 MBE points plus 955.66 essay points is 1529.59, which well above the 1466 points needed to pass the exam on the first reading. In fact, Bob could have done worse on his MBE and still passed.

PMBR distributes an advertising flyer which basically says this same thing. Their conservative figures say that if you get a 150 (scaled) on the MBE, you can get a 67.5 on each essay and still pass. A 155 allows you to get a 65 on each essay, and a 160 allows you to get a mix of 65's and 60's on your essays.

BarBri says that you can get a lower-than-average score on the MBE portion (i.e. a 130 scaled), and still pass if you have strong essays. Therefore, it seems that as long as you are strong on either the written or the MBE, you can pass even if you marginally fail the other section.

Moral of the story: If you are weak on your essays, do your best to boost your MBE score, which can dramatically offset your poor essay performance (each MBE question is equal to roughly three points on the bar exam). This is also why applicants who are attorneys with more than four years of experience, who may opt to waive the MBE portion, may want to choose to take the full general bar unless they have difficulty on the MBE.

The six essays are scored on a scale of 100 possible points, with 67 points being the approximate "passing" point. During BarBri prep, if your scores on the practice essays average out to 67 or more, you are doing ok. Since the ideal essay score is in the 67-70 range, and essays are graded in 5-point increments, there is not a lot of spread to cover between 50 points and 70 points (only 4 increments).

There is a rumor that floats around that when the essays are graded, the readers know what your MBE score is, and this may impact how they grade your essay. This is not true in California. And anyhow, even if they did have access to the MBE score, that fact should have no impact on how well an applicant prepares for and writes their essays. Keep your eye on the ball, and tune out the noise.

California does not release the scores for people who have passed the bar exam. This makes sense for many reasons, including not wanting attorneys to rank themselves by bar score. The only way to find out your California MBE score (and the way that PMBR determines California MBE scores for their advertising) is to apply to the bar of Washington D.C., which accepts MBE scores transferred from California, be denied admission, and submit a Freedom of Information Act request for your exam score (to the D.C. Bar).

Bar exams are graded by lawyers. They are no different from you, except they have passed the bar exam, either on their first or second try. Some passed as recently as one year ago; others have been grading exams for years. The State Bar solicits attorneys to grade bar exams, but any lawyer who meets the qualifications can volunteer.

Each grader has one particular essay topic to read, so your six essays get sent out to six different people, each of whom specialize in grading that particular essay. Graders receive a copy of the question that they are assigned to during an orientation session. This takes place on the last day of the bar exam (Thursday). A few weeks later, they must turn in a researched answer to that question. For the next three weeks after that, the graders spend time at calibration sessions where they standardize the scores for various quality levels of answers. This ensures that theoretically at least, the same essay would receive the same points from any of the graders assigned to that essay. Graders must complete their grading and turn in all of their essays and scores about four to six weeks before results are released.

Graders are paid a few dollars for each essay they grade, and slightly more for each performance test they grade. Each grader reads approximately 550 essays for the February exam, and 850 essays for the July exam. This is an exhausting process that takes about three to four hours per day during the eight to ten week grading period. This means the graders spend only a few minutes reading each essay. Most graders are merely looking for key words. Graders I have spoken to have emphasized the importance of using headings and underlining key words to stand out to the grader.

"One of the peculiar things you learn in life is that what makes Great Institutions great is the stuff people attach to them, not their actual operation. The scoring of the bar exam was like that. We sent the bluebooks out to ten graders around the state, one for each question. The booklets came back UPS, thousands of stacks, piled up no more ceremoniously than rubbish. The secretaries sorted them for days, then added each individual's totals, and the staff attorneys checked the math. Those were the results."
-- Scott Turow, Pleading Guilty

3. Substantive Study Material

I have made the materials that I created while preparing for the bar exam available through this website. However, the purpose of the Primer is not to provide substantive material to study for the bar. As I discuss elsewhere on this website, in order to realistically have a chance at passing the exam, students need to take some commercial preparation program. That program will provide their own substantive material which students should use to study from.

I strongly discourage using my substantive material for your preparation. Just like in law school, making your own outlines and flashcards is an integral part of the preparation itself, and using pre-made material denies you a substantial part of the preparation.

In fact, I firmly believe that by not creating your own outlines or flashcards (or other similar study aid), your chances of passing the bar exam plummet. Additionally, this material was made for the July 2000 exam, and as that exam gets further away, the substantive material will become increasingly inaccurate and incomplete as the law changes.

Help support the
California Bar Exam Primer

Click the PayPal logo below to donate via the secure PayPal site using your credit card. Thank you for your support.

Nonetheless, it can be useful to see what other people have done to prepare, merely as a guide and example. Therefore, my outlines and flashcards are available from the links below, in HTML format. The files contain plenty of spelling errors, because I was typing fast in class. I have explained elsewhere how I integrated my outlines and flashcards into my bar exam preparations.

My bar exam outlines are no longer available, because they are now too outdated to be reliable for the bar exam. If you are looking for my law school outlines, they are posted below, but please note that these are not appropriate in any way for studying for the bar exam.

4. It's Never Too Early

There are things an applicant has to do before graduation to prepare for the bar exam, and there are things that are optional. This information should apply to most law students, regardless of which state's bar exam they intend to take. First, the things you do have to do, followed by the things you don't have to do.

While you should be mindful of the bar exam during law school and do what you can to prepare for it, you should not worry or stress about it. There is plenty of time for that after graduation. During law school, focus on law school exams, extracurricular activities such as law review or a law clinic, and maybe finding a job for after the bar. If you can get a job lined up before you graduate, that is one less thing to worry about during preparation for the bar.

I think it's too early to begin to seriously study for the bar before graduation. You have the option of doing nothing, and many if not most law students choose this option. This is fine, especially if you have a heavy course load. If you have a light load, or are feeling insecure about the bar, you can get a head start.

If you do choose to get a head start, take it lightly - don't start doing heavy preparation, because (1) you will burn out in mid-July right before the exam; and (2) you are not going to remember the things you learn in March down the road in late July when you are taking the exam. Having said that, the spring semester is a great time to become familiar with the layout of the exam: Learn about the exam schedule, location, make hotel reservations, visit the site, what subjects are tested, etc. Get your study stuff together - about 10 packs of flashcards, pencils, pens, erasers, highlighters, etc. If your local BarBri is offering the "early bird" videos, go watch them on the weekends - but don't take notes ... just absorb and refresh (see my notes above about the Early Bird courses). If PMBR sends you your CD or audio tape lectures, listen to them in the car or at home - but again, don't take notes - you are just absorbing and refreshing your mind. Spring semester is also a good time to read some prep books about the bar exam. They will help you become familiar with the subject matter and format. Click here for a list of bar preparation books.

Finally, in March or April, take a week off. Go somewhere, or do something you love (I sat at home and read mystery novels). This is your last chance until the first week of August.

Separate and distinct applications are required for first-year registration with the bar, moral character determination, the bar examination, and the Multistate Professional Responsibility Examination. That is a total of four applications that you will file with the bar during law school. If you are negligent about filing any of these applications, your ability to become a lawyer "on time" will be jeopardized.

In the first year of law school, you have to register with the California State Bar. Your law school may put a registration form in your mail box, but most first year's are so overwhelmed with information and fliers that it is hard to know what is truly necessary and what is hype. This isn't hype. If you fail to register in the fall of your first year, it really screws things up later on. To register, you can either fill out the printed form, or you can fill out the registration form on the web.

Don't confuse this with becoming a member of the American Bar Association. The ABA is an organization you may choose to join by paying annual dues. About half of the lawyers in America belong to the ABA. The California State Bar is your ticket to practicing law in California, and not at all optional. If you are attending a California law school and planning to take the bar of another state, and practice out of state, check with your law school's records office to determine your requirements.

"You are a fool if you don't sign up for one of these courses ... I have no idea where you'd start if you wanted to do it on your own."
-- Raymond L. Woodcock, Take The Bar and Beat Me

In the first year of law school, it would be ideal if someone would tell all the first-years that they have to put their deposit down for BarBri. This should be mandatory. Do not wait until the second year! Signing up for BarBri can have the feel of being pressured into buying a used car, and it is good to be suspicious of test preparation programs in general, but this is the real thing, and you should do what most of your classmates are doing and sign up for BarBri. Nearly everyone takes BarBri, because there is no real competition - they're the only real game in town (and I am not paid by nor affiliated in any way with BarBri). Those who take a course from one of the smaller bar preparation programs risk the insecurity of being isolated from their classmates who take BarBri, and wondering if everyone else is getting a better preparation for the bar exam. And those who think they can pass the bar exam without taking any professional prep programs are delusional, because very few if any law students have the self-direction and experience to make self-study work.

Having no competition in the bar prep market means that BarBri can raise their rates each year, and you have no choice but to pay. But the sooner you put your deposit down, the sooner you lock in the price. As an example, I put down my deposit right before my first year started, and locked in my price of $1,500. Several of my classmates waited until their third year, and had to pay $2,500. The average bar applicant spends between $2,500 and $3,500 for their bar preparation programs. If you are unsure whether you will take BarBri, put down the deposit anyhow. The nominal deposit is not that much money, especially compared to how much money you are shelling out for law school, and a small price to pay for locking in your price before it increases. Plus, students who put down the deposit get several useful outline books during law school (the first year series and the upper division review), and they can take the MPRE review session, and get the MPRE outline book. They can also attend the early bird videos, which I discuss below.

If you want (or need) a discount on BarBri, inquire in your first or second year about how to become a "rep". These folks get a sizeable (i.e., 50%-100%) discount on the cost of the course in exchange for signing up some classmates to take the course.

A word about bar exam preparation costs: Those who forego preparation programs (whether it is BarBri or PMBR) just because of the cost are fools. The expense may seem like a lot, but consider for a moment the cost of not passing: (1) Retaking the exam; (2) Paying for an intensive study program to prepare you; (3) Lost wages while you retake the exam; (4) The mental struggle of retaking the exam. You've already spent tens of thousands of dollars on your education. Another two thousand is a drop in the bucket. Considering what you are preparing for, the cost should not even be an issue.

In the last section I said that there are no real alternatives to BarBri. That is true for the vast majority of those who take the bar exam: People who have just graduated from ABA-approved law schools, who should take a prep course with their classmates. Having said that, there are people who do not fit this mold, and for those people, an alternative to BarBri may be better. These include people who are taking the exam a second time; attorneys from other states who are taking the California exam; and people who live outside of California who, for whatever reason, are unable to attend a California-oriented BarBri course. BarBri does not offer courses in the U.S. possessions of Puerto Rico, Guam, the Virgin Islands and the Northern Mariannas islands. If you fit into one of these categories, BarBri may not be the best option. I would recommend that you proceed cautiously and seek recommendations when choosing a bar prep program.

There are two popular alternative programs: BarPassers, which uses flowcharts to teach the law instead of outlines, and MicroMash, which is a home study course. Both are good programs, and well recommended for those who can not take BarBri or were taking the bar exam for a second time. If you are interested in an alternative to BarBri, I would advise you to visit the websites for both BarPassers and MicroMash and investigate the programs thoroughly before making a decision.

I want to stress again that traditional law students who attend ABA-accredited schools should take BarBri, unless their circumstances somehow require an alternative. The benefits of following the herd are numerous, and there is not much of a downside.

The Practicing Law Institute (PLI) offers a free on-line preparation course for the MPRE, an on-line course for the Mulitstate Bar Exam (MBE), and an on-line course for the Multistate Performance Test (MPT). The MBE and MPT courses are designed to supplement BarBri and PMBR. California does not use the Multistate Performance Test, but rather uses a modified performance test. Nonetheless, if you have a weakness with performance tests, this course may be able to help you.

In addition to professional preparation programs, private tutors are available for one-on-one tutoring. When selecting a tutor, keep these factors in mind, and don't put any money down until you understand what you are getting:

In California, the majority of first-time bar exam takers take BarBri, with PMBR as a supplement. There is no real competition in that market. I think that students who take prep programs other than BarBri may do themselves a disservice, because all their classmates are taking BarBri, and they may feel that they are missing something that everyone else is getting (and in fact this may be the truth). Having said that, if a person has a special need (i.e. they know they need lots of work on essays, or performance tests, etc.) then a specialized program might be the right way to go.

BarPassers places an emphasis on teaching with flowcharts, as opposed to BarBri's outline approach. If you are a visual learner, BarPassers may be best for you because you may learn better from flowcharts than from outlines. BarPassers also provides substantive outlines, but their overall approach is to use flowcharts. Even for non-visual learners who are used to outlines, sometimes seeing a flowchart helps solidify their understanding of the law.

In addition to the flowcharts and outlines, BarPassers has essay writing workshops, simulated exams, graded practice exams, and preparation for the Multistate Bar Exam. Lectures are either live or videotaped, and BarPassers has home study audio cassettes of the lectures available for people who cannot attend the regular lectures.

For people who feel they need extra assistance for the bar, BarPassers has a Tutorial Program which begins a before the regular preparation program. BarBri has a similar program called Essay Advantage. This program uses small group study, individualized feedback, and frequent testing to prepare people who need extra assistance. This program is targeted at repeat test takers, foreign candidates and first-time takers who need individual attention. I have known people who have taken the regular BarBri program who supplement their studies with the BarPassers Tutorial Program during the spring semester of their third year, but I do not think this is advisable for people unless they have special needs.

No later than November of your third year, you should take the Multistate Professional Responsibility Exam (MPRE). Like the MBE, the MPRE is a standardized objective test written by the National Counsel of Bar Examiners and administered by ACT, Inc. The MPRE is required in all but three states, and is given three times a year, in March, August, and November. The exam is multiple-choice format with 50 questions, lasting just over two hours. Each question provides a factual situation along with a specific question and four possible answer choices.

The MPRE tests the disciplinary rules of professional conduct currently articulated in the ABA Model Rules of Professional Conduct, the ABA Code of Judicial Conduct, as well as the controlling constitutional decisions and generally accepted principles established in leading federal and state cases and in the procedural and evidentiary rules.

The MPRE is not an extremely difficult exam, so there is no need to panic. The exam merely makes sure that all lawyers-to-be have at least a limited grasp of the canons of legal ethics, but the pass threshold is set rather low, such that almost everyone can pass without much effort. Indeed, most law students think that the exam is a fairly easy test, and most states have a first-time pass rate of around 90%.

Do not rely on your law school professional responsibility course to teach you what you need to know for the exam. Often the professor's scope of the subject is overinclusive or underinclusive. The best way to prepare for the MPRE is to do attend the half-day BarBri review course, which is free to those who have signed up for the main bar preparation course, and doing as many practice problems as you can get your hands on. Attending the BarBri session, plus reading through the book they distribute and doing the practice questions, is all the preparation most law students need to pass the exam.

Technically, you could wait to take the MPRE until after you graduate from law school, and even after you take the bar exam. But why put yourself through that? Get it out of the way during law school! The ideal time to take the exam is the November at the beginning of your third year. That way, if you should not pass, you can take it again in March, before the bar exam. If you wait until March (in the spring of your third year), if you should not pass, you will have to take the exam after the bar exam, and that is no fun at all!

To sign up for the MPRE, talk with your law school, or visit the National Counsel of Bar Examiners website, where you can register online. Applications must be received about a month and a half before the exam, which is given in March, August, and November.

Help support the
California Bar Exam Primer

Click the PayPal logo below to donate via the secure PayPal site using your credit card. Thank you for your support.

In the fall semester of your third year, you should to fill out your Moral Character Application and send it to the bar. The applications are available from your law records office or on the State Bar's website. The Bar Association has released two statements of information regarding the moral character determination process: Statement on Moral Character Requirement, and Factors That May Be Taken Into Consideration. Bottom line: Be absolutely honest. The punishment for lying on the application (disbarment) is almost always worse than the consequences of full disclosure (an inquiry). In most cases, it takes the bar a few months to process the form, and send you a letter certifying that you have a moral character. If an inquiry into something on your application is necessary, it can take several months to resolve, which is why you should submit the application early, and be absolutely honest and make a full disclosure to the bar.

The hefty Moral Character Application fee is in addition to the fee you must pay in applying for the bar exam.

In the spring semester of your third year, you must apply for the bar exam, and send another large check to the State Bar. Printed applications are available from your law records office, but you can also apply on the web. The filing deadline for the July exam is the first business day of April, although late applications are accepted for an additional fee up until the first business day of July. The filing deadline for the February exam is the first business day of November, although late applications are accepted for an additional fee up until the first business day of February. Applicants should apply as early as possible to ensure they will get a seat at their first choice exam location.

As soon as you know which location you are taking the bar exam at, find the local hotels right next to where your exam is being given, and make a reservation for a room for the Monday, Tuesday and Wednesday nights of the exam. Rooms fill up very quickly, so do not delay making a reservation! Do not share a room with another person, even if at the last minute they beg you to share a room because they didn't make a reservation. You need your privacy, and a place to unwind by yourself. Stay overnight within walking distance of the bar exam location. Do not rely on any mode of transportation other than your two feet to get you from where you sleep to the bar exam on the test days.

Trivia
Kentucky and Virginia require bar applicants to take the bar exam wearing business formal dress (suits). California has no particular dress requirements.

In most locations, the bar exam is given in or next to a nice hotel, such as a Marriott. Stay there. I opted to stay in a less-expensive nearby Howard Johnson hotel (in Oakland, on Broadway) that turned out to be a complete dump, and really distracted me from the exam. The bar is, hopefully, a once-in-a-lifetime experience; splurge for yourself and spend the money to stay at the nice hotel. You'll be thankful you did. Note that the State Bar tells you to request the "bar" rate at the hotel hosting the exam. In some cases, this has turned out to be more than the rack rate. So ask for both, and go with whichever is less expensive.

If you need to request a reasonable accommodation due to a disability, the State Bar has the proper forms available on their website, along with information about requesting accommodations.

The time when you are preparing for the bar exam needs to be exclusively that: Preparation and study time. Those ten weeks prior to the exam are not the time to be getting oil changed in your car, refinancing your mortgage, reviewing your investment strategy, getting married or training your new puppy. Reserve several days of time around graduation (i.e. after finals, but before bar prep classes begin) to tie up loose ends. Return the library books, pay all your bills, clean the house one last time, take care of the gardening, etc. Once studying starts, you do not have time to do these things, so do them now. After the exam, you will similarly need several days to put your life back in order (paying bills, cleaning house, etc.), so go ahead and put that on your calendar for early August.

While I'm on this topic: Some law students have the mistaken impression that they will be able to work part-time during bar preparation, to pay the bills. Forget about it. Save up your money, because working during bar exam preparation will almost certainly guarantee that you will be taking the bar a second time. The two months of not working is a financial investment that you are making towards passing the bar exam. You've worked so hard and spent so much money to get to this point already - don't blow it by being greedy.

I am sure that some people do it, but I think it is a bad mistake. A bar applicant should only work during bar preparations if it is absolutely necessary to buy food and shelter. I strongly urge bar applicants to take a leave of absence from work while preparing for the bar. Take out loans, borrow from family members, do whatever you have to do to pay the bills, but only work if you simply financially cannot provide for yourself in any other way. Preparing for the bar requires a minimum of six hours a day of uninterrupted preparation, and optimally eight hours, six days a week. I think that trying to do that while working a full time job would leave someone in such an unproductive mental state that they would be unable to study the best they could, and in not in the optimum mental state to take the exam. Take two months off work. It's a small financial price to pay to ensure that you are doing everything you can to pass the bar. If you don't take the time off work, and do not pass the bar exam, you are going to have to repeat the entire process, and quite possibly have to take time off work the second time around to study properly. Save yourself the aggravation, and just do it right the first time.

I realize that not everyone is as compulsive as me when it comes to preparing for things. But I like to know what I'm getting into when I do something, so I try to do some research in advance. During the spring semester of my third year of law school, I took advantage of some spare time and tried to prepare myself for the ten weeks of bar preparation. These are my comments about some of those things.

I remember when I was a 1L, I overheard people say they were putting off their bar-prep courses (criminal procedure, remedies, evidence, community property, wills and trusts, etc.) until their third year, so that the subject matter would still be fresh in their minds when they started preparing for the bar exam. I scoffed at that notion, and took many of my bar prep courses in my second year, so I could take mostly electives in my third year. If I had it to do over again, I would have followed the advice I overheard. Yes, you do re-learn all the important material in BarBri. But if it is more fresh in your mind from the class you just took, it will make life a lot easier during an otherwise very stressful time. It's something to consider when planning your courses.

Having said that, I think students can consider not taking one of the optional bar-prep courses if they want (in this context, I'm referring to classes during law school, not bar-prep programs like BarBri or PMBR). But I only recommend this for one of the following: remedies; community property; or wills & trusts. Don't try to skip more than one of those, and don't skip taking an essential course like evidence or criminal procedure, because they are too complicated to try to learn for the first time when preparing for the bar. If you do skip taking a bar-prep course, be sure and read the BarBri outline for the course, and if at all possible, go to the BarBri Early Bird video lecture on that course in the spring of your third year. And put your free time to good use by taking an elective course that is relevant to your career, if you know what your career will be, or by doing clinical work.

As far as books related to the bar exam go, I found three that were very useful. Click on the Amazon.com logo to the right for a complete list of books related to the bar exam. Yes, I get a very small commission on the sale of the books from these links, which goes to cover the costs of the server that hosts this website.

Scoring High on Bar Exam Essays by Mary Campbell Gallagher was the book that I found most useful. The first half of the book is tips on how to write better essays, and the second half is 80 full-length essay exams with model answers, from states across the country. The tips section is built on Gallagher's essay writing system which is based on the well-known IRAC system, that she has modified into "CRAC" (Conclusion, Rule, Application, Conclusion). Her "model paragraph" system is very useful, and something that I wish I had learned about earlier in my law school career. No doubt I would have written better essays during law school if I had followed her methods. I used the sample essays and model answers extensively in preparing for the exam, and found them very helpful in developing my issue spotting skills. Every night after studying my flashcards and reviewing for the next day's BarBri class, I did one or two essays from Gallagher's book, on top of the essays I did for BarBri. Reading Gallagher's model answers really helped me identify more issues and become familiar with better ways to write answers. The Amazon.com copy of this book is out of date, so order it directly from Dr. Gallagher. Dr. Gallagher has produced an audio companion to the Scoring High book. The CD (and the book) are available through her website, www.barwrite.com.

Strategies & Tactics for the MBE by Lazar Emanuel is well worth the cost for those who need extra help on the MBE. The first thirty pages contain really useful tips for taking the MBE, which make this book one of the best preparation books I've seen for the bar. The rest of the book contains sample MBE tests comprised of released questions, followed by a detailed analysis of the answers. Unfortunately, every single one of these questions is also contained in BarBri's Multistate Testing Drills and Released Questions workbook, which is included with your BarBri materials. In other words, the only thing you really get for your money with this book is the first thirty pages. But if you are having trouble raising your MBE score, these tips may make the difference.

Bar Breaker, Vol I-II is a two volume self-contained bar prep course that focuses on essay writings. The author, Jeff Adachi, is a past bar grader and explains in the book how the graders approach essays. He provides a method for organizing and writing essays. He also provides comprehensive model answers. This book comes highly recommended by people who failed the bar exam; many repeat-takers use these materials the second time around, and usually pass, so I would recommend that people use these materials the first time around and save themselves the aggravation of failing. At $90, this two volume set is on the pricey side, but everyone who has told me that they used these materials has said that it the investment is well worth it. One caveat: Amazon.com seems to be severely backordered on this book, so order it early!

These books are just a few of the many books available about the bar exam. Don't knock yourself out reading all of them - most of the books repeat the same tips over and over, with slight variations. And remember that there is no magic formula for passing the bar exam. But I do recommend reading at least one of these books to help you with the bar exam - you will get a different perspective, and some additional suggestions that you might not be getting in BarBri.

BarBri has put together a series of "early bird" video tapes covering all of the bar subjects. Everyone who is signed up for BarBri can attend the viewing of tapes in March and April of their third year. The tapes cover all the first year courses and the bar prep courses. I thought the tapes were very thorough. Students who choose not to take community property in law school can learn the entire semester's worth of information, as it is relevant to the bar exam, in one 3-hour tape. Some of the tapes are dry and boring, but others are fast-paced and humorous. I wished that I had watched these tapes towards the end of my first year, because they really would have helped me a lot on my finals. These tapes are not the exact same tapes that you will be seeing in the BarBri course during the summer. Some of the content and professors may be the same, but it is not a complete repeat.

I have to admit - I never really studied very much during school. I can't remember ever studying for more than a few hours for any of my undergraduate finals. I put a little more effort into law school finals, but not much. I knew I could pass my classes, and I wasn't aiming for very far above that. Some of the exams were even open book, and for those, I just organized my materials and did a quick review.

Therefore, studying for the bar exam came as a shock to me. I knew it was going to take a lot of effort and time, but I did not anticipate the effort and mental toll it took. Eight hours a day, pretty much every day, for ten weeks. Failing practice exams time and time again, until I finally started to get it right. Going through a thousand flashcards over and over, narrowing the stack down as I gradually learned them all. It's hard work.

I know that no one will take my advice on this, but I can't help but mention it anyway: When you are preparing for law school exams, work on your study skills almost as much as you work on the substantive material. Learn what study methods work for you, and practice them. Start making and using flashcards in your first year, because that is the method that nearly everyone uses for the bar. Build up your endurance so that you can study for two to three hours at a time, without taking more than one or two very short breaks. And finally, when your professor says your exam will be open book, treat it like a closed book exam. You can't take notes into the bar exam, so get used to that during law school.

I know that most law students are just trying to pass their classes, find a job, and do extracurricular activities like law review and clinics, so there just isn't time or motivation to work on study skills. But if you do, it will really pay off on the one exam that means the most.

Spend a semester working at a law clinic. Most schools will give units for this, it is a great way to do some pro bono work, and it looks terrific on your resume. But the reason I recommend it here is the performance exam section of the bar exam.

On the performance exam, you will have to write a memo to a supervising attorney; draft pleadings; figure out how to best gather facts using interrogatories and depositions; or write an opening or closing argument for a jury trial. How do you learn how to do that? Law schools don't teach that as part of the usual curriculum, and there simply isn't enough time for BarBri to teach it effectively, though they do try. You learn it in a clinic, where you actually do those things.

If it were not for the clinical experience I had during law school, I cannot imagine how I could have written passing answers on performance exams. I would have had no clue how to write effective deposition questions and interrogatories, or how to write a compelling statement to the jury, how to summarize fifty pages of fact and law into a well-organized brief (within a three hour time limit), or even how to write a letter to the client explaining the law in layman's terms. You perfect those skills by practice, and you practice in a clinic.

During the January and February prior to the bar exam, there are courses given for repeat test takers. These are the classes that you will take if you do not pass the bar exam. Some students take these classes before the bar exam, though, to try to pre-empt any possible failure. I did not do this, but several of my classmates did, and they spoke highly of doing so. BarPassers and BarBri both offer these programs (i.e. BarBri's Essay Advantage program), and other companies and private tutors do as well. If you are interested in taking such a supplemental program, you should probably start making inquiries in December of your third year of law school. Such supplemental courses are in no way necessary or warranted for the average law student. But if you know you have a special need, they may be the right thing for you.

I address this below, in my discussion about PMBR. Bottom line: I believe that most people should wait until third year to sign up for PMBR

Yes. Studying eight or more hours a day, 6 days a week for two months, and doing three to four thousand MBE questions is overkill. Most people should be able to pass the bar exam by doing less preparation, and if you feel you fall into that category, by all means you should reduce your workload. My theory in preparing for the exam was that I only wanted to take it once, and failure was not an option. Therefore, I did overkill. But you do not have to in order to pass. Find what you think will work for you, and stick with it.

5. Ten Weeks

It seemed so distant as a first year. I saw the 3L's walking around campus, and I admired them for what they had achieved. But it seemed like an eternity before I would be in their shoes. Then, in the blink of an eye, I was a 3L. My classes didn't really matter any more. I had a job lined up for after the bar exam, and my GPA was pretty much etched in stone anyhow. So I found myself wondering what would happen after graduation, and it hit me: The Bar Exam. It was always in the back of my mind, but I never worried about it. I was more concerned with keeping up with my reading, or preparing for finals. But eventually, time ran out, and what I was supposedly preparing for over those three years was finally there. Before I knew it, I was renting my cap and gown, and filling out alumni surveys about my post-law school plans.

"I feel like I've hiked up a mountain for three years and now stand at its top. Looking down, I can see the path I've taken. My perspective has changed now that I see the mountain from a different angle. At the beginning of the hike, the top of the mountain seemed attainable, but distant. Now that I look from the summit, the distance covered doesn't seem nearly so great. However, one more challenge yet awaits. From this peak, I have to fly. And like Daedaleus and Icarus I have to build my own wings. I have feathers, glue, wood and twine. Now all I need to do is build my wings and watch where I fly. Too high and the sun will burn me. Too low and the waters will sink me. Here's hoping for a smooth flight.
-- Glen E. Plosa, Bar Passages: From Law School to Law Firm

Let's face it: Graduation from law school is a mixed blessing. It marks the end of an amazing journey, and an incredible achievement. It confers admiration, praise, and respect. It marks the beginning of a new phase of life and a new career. But once you walk down off the podium and return your rented cap and gown, and once your relatives stop taking pictures of you and telling you how proud they are of your achievement, the reality sets in. You can put "J.D." after your name, but it doesn't really mean much. You are not an attorney, yet. That comes next, during what some have called "the seventh semester of law school." Bar exam preparation has begun, and you have Ten Weeks. Fortunately, you are not alone. You have your classmates along side you, and you have plenty of resources at your disposal.

It is difficult to understand the emotional and psychological impact of preparing for the bar exam until you have been there. For most people, preparing for the bar exam is exhausting, demoralizing and frustrating. Do not underestimate the toll this takes. The ten weeks between graduation and the bar exam is a psychological and emotional roller coaster, and it is important to maintain your mental well-being throughout the process. Most of the people who I know who did not pass the exam blame "freaking out" as the reason; not inadequate preparation.

Trivia
Robert Shapiro was so nervous about taking the California bar exam that he compulsively tore out his eyebrows (but passed on his first try).

The first week of preparations is exciting, because it is a new experience. But at the same time, the insecurity we all felt during our first year of law school returns. By the second week of BarBri, the 10-hour study days, and day after day of video lectures become mentally and physically tiring. You begin to have dreams about the bar exam. As the two month process wears on, burnout increases, and it becomes more difficult to stay on track. Then, before you know it, you only have two more weeks, and feelings of panic and anxiety appear as the final days approach.

For me, at all times during my preparations, I was either frustrated or confident. Those emotions alternated, sometimes quickly, sometimes slowly. At first, there was more frustration and insecurity than confidence, but by early July I was feeling more confident than frustrated and scared. Then in late July, just before the exams, panic and anxiety set in, despite being well prepared. The few days before the exam I was relatively calm, because I knew I had prepared well and gave it my all. Then the exam hit, and all feelings of security went out the window.

One thing that is important to realize, especially for the 90% of us who weren't in the top 10% of our class, is that everyone is going through this together. The people in the top 10% of the class are just as nervous and afraid as everyone else (especially on exam day!), and if they appear to be more collected than you are, either they are faking it, or they are dangerously overconfident.

Several people told me that the most important thing was to "remain calm." I thought they were talking about during the bar exam itself. But then I realized that they were talking about the preparation period as well. All students preparing for the bar exam reach a point, usually in the first two weeks of July, when they feel there is no way they can pass the exam. "There's just no way I can do it ... it's impossible!" This, of course, is called "freaking out." Take a deep breath - it's normal.

I cannot stress enough the importance of remaining calm. When a person stresses and panics, those emotions inhibit the ability to learn. There were some times during my preparation when I felt there was no chance of my passing the bar. Sometimes I would think there was too much information for my poor overworked brain to handle. Other times my despair was triggered by low scores on practice MBE's, or missing important issues on practice essays. I would panic, break out in sweats, and lose all ability to think rationally. My stomach felt like a bottomless pit. It didn't help when people said, "Oh, you have nothing to worry about! You are sure to pass!" Then I would go to class the next day, and everyone else would be the complaining about the same frustrations and emotions. It's part of the process. Accept it, find a way to deal with it (exercise and hitting a pillow are good methods), and do everything you can to remain calm, so that you can free your brain for learning.

The last week of June and first week of July (which marks the half-way point of preparation) is particularly difficult because of burn-out and the demoralization that comes with the preparation. There isn't much that you can do about it, other than to appreciate that everyone is going through the same process, and feeling the same way. Keep going. And whatever you do, do not stop now. You are way too far down the road to turn back.

When you find yourself "hitting the wall," it may help to visualize the end goal. Your end goal is to pass the bar exam. Whenever you get in a rough spot, visualize going to your mailbox, finding an envelope from the State Bar, opening it up, and reading a letter that says, "The Committee of Bar Examiners is pleased to inform you that you passed the Bar Examination." When you are stressed out, this visualization will be like a drug to you. It will take you up to a higher emotional state, maybe even a euphoric state! Let it happen. Don't fight it, and don't feel guilty about letting it happen. You need it. But then bring yourself back to reality and keep studying, so that your visualization comes true.

As for the exam itself, it is hard not to be highly anxious and even panic before the exam. But try to remind yourself that by the day of the exam, you have done everything possible to prepare. You managed to get through four years of college, three years of law school, and an intensive bar preparation program without cracking up. This last relatively simple feat should not be a problem. Also, by the time the exam rolls around, you have done so many practice questions that there really should not be many surprises on the exam, other than what topics are being tested. It is hard to panic if you keep a positive attitude about the exam.

Apart from panicking, the other reason why people fail the exam is inadequate preparation. That's good, because it means that there is something you can do to prevent failing: Prepare. But preparing for the bar is a much longer process than studying for law school finals, and incredibly more intensive. Maintaining motivation during the ten weeks is difficult, even though the reward at the end is so valuable. But it is vitally important to remain motivated, especially on those days when you are tired and depressed.

There will be days, particularly in early July (half-way though the process), when you feel you can't go on, and you just need to take a few days off. When this happens to you, take a few minutes to reorient yourself to your goal: To become a licensed attorney. You are not going to meet your goal by curling up under your desk, no matter how good that might feel.

Some people suggest that you think of some not very bright person who you know who passed the bar. If he can do it, so can you! If you don't know any idiots from your school, let me recommend former California Governor Pete Wilson, who finally passed the bar after three failed attempts and yet went on to, arguably, bigger and better things. John F. Kennedy Jr., who was told to either pass the exam on his third attempt, or be fired, is also a favorite.

My personal motivation was to keep track of my scores on the practice MBE questions I did, and the total number of questions that I did. I looked forward to doing more MBE questions because I knew that would help my average score continue to go up, although in the final weeks my averages went down as I focused on the very difficult questions. Also, as I went through my flashcards, I pulled out the cards for concepts I knew stone cold. That pile of "known" flashcards grew over the weeks, and that reassured me that I was learning. Of course, it's important to review all the flashcards, even the ones you know, repeatedly and regularly.

The flip side of inadequate motivation is too much motivation, which brings me to the "you can't do it all" theory. You can't do it all. Between PMBR and BarBri, you are supplied with about 5,000 practice MBE questions. You can't do them all, nor should you. If you do 50 a day (as both PMBR and BarBri recommend), you'll wind up doing about 3,500 questions. There is no need to do more than that, and in fact, doing more than that will take valuable time away from other studying that you should be doing, such as practice essays and performance tests, which will result in a greater benefit than doing more MBE questions. You may feel, as I did, that if you don't do a certain MBE question (i.e. the 1,500 that you don't do), then Murphy's Law says that is the question you'll miss on the bar exam. Rest assured, if you've done 3,500 questions, you are as prepared as you are going to be for the MBE. The questions that you find difficult on the actual exam won't be from the pool of 1,500 questions you didn't do. They'll be ones the bar just invented, and you are the first person to see those questions, in which case the rule is, "don't panic, do your best".

Plan a vacation for after the bar exam, and look forward to this vacation - it will be a "carrot" motivational approach (as opposed to a "stick"). You will need at least two days, preferably someplace nice, to readjust, relax, and recover after the exam. For the first few weeks after the bar, it will be very strange to realize that you can do "nothing" all day. No studying, no sense of urgency - nothing. That is a foreign concept, and it will take some getting used to. Don't fight it, and don't feel guilty - just spend a few days doing absolutely nothing. It will help your mind and body readjust.

I strongly recommend that during the ten week preparation period you adopt a daily exercise regimen, and don't think about the bar exam while you are exercising. The endorphins will help maintain a positive outlook, and your body needs the physical exercise after hours of sitting in class and studying. I relaxed from the pressures of studying by taking regular walks with my friend Jennifer (who also passed the exam), and by getting addicted to watching Survivor (I). If you don't already, take a daily multivitamin. And if you are in to alternative medicine, start taking St. John's Wart in early May. Supposedly it helps keep your stress levels balanced.

This ten week period of preparing for the bar exam is not the time to experiment with changes to your lifestyle. Put off as much as you can until August, or get them done in early May. Don't start a new relationship, or end an existing one. Don't get a new pet. Don't buy a new house or car, and don't plan to get married or have a child during this period. You may laugh, but I know people who did! Put off getting the oil changed in the car, repairing things around the house, etc. Now is not the time!

There has been a lot of research and writing done on the emotional effects of preparing for the bar exam, the exam itself, the waiting period to get the results, and the effects of failing the exam. If you are interested in those studies, do a search on Westlaw, in the JLR database. Many people who have taken and passed the bar exam, including myself, periodically have dreams (or nightmares) about having to retake the exam, or dreams in which they have to take the exam for the first time. Those dreams go away after a while.

Part of taking care of yourself during the bar exam is tuning out the comments of other people. Everyone has their own thoughts and comments about the bar exam. Some are valuable, but most you need to just ignore. Some people offer their opinions out of concern, others do not have such good intentions. Figure out what works best for you, and don't let other people scare you into changing your tactics.

Law students are barraged with information about bar prep programs, and it's hard to know what to do. To put it simply: PMBR is different from BarBri. PMBR prepares you for the MBE multiple choice portion of the bar exam, while BarBri prepares you for both the essays and the MBE portions. You need to take BarBri, but you don't need to take PMBR. However, if you want to raise your chances of passing the bar, you will take PMBR in addition to BarBri. Not everyone takes PMBR, and those who do may take only one component. PMBR offers a 6-day substantive workshop before BarBri that covers the law which is on the MBE as well as a 3-day workshop after BarBri which covers the more procedural aspects of how to take the MBE. You can take both courses and get a discount.

I don't recommend signing up for PMBR in your first year, when you should sign up for BarBri. Since not everyone takes PMBR, you may not know until your third year if you will take the PMBR course or not. Since the tuition is much less than BarBri, there isn't as much money at stake if PMBR raises their rates. PMBR gives a discount for being a member of the ABA, and the discount is more than the cost of joining the ABA, so it is worth it to join the ABA for the year in which you sign up for PMBR if for no other reason than to get the PMBR discount.

If you need or want a discount on PMBR, inquire in your first or second year of law school about how to become a "rep". These folks get a sizeable (i.e. 50%-100%) discount on the cost of the course in exchange for signing up some classmates to take the course.

PMBR teaches both the substantive law that you need to know to pass the MBE, as well as the fundamentals of how to take the exam itself. Knowing both is critical. If you are an expert on the substance, you can still fail if you fall for the tricks written into the questions. PMBR teaches you how the questions are written to trick you up, and helps you to identify patterns in the questions so that you can more easily identify the correct answer.

And, by the way, PMBR stands for Pennsylvania Multistate Bar Review (it originated in Pennsylvania, but is now nationwide).

One of the main values of PMBR is the materials. The books contain a ton of practice MBE questions, and the explanations in the back of the book are very detailed and helpful. PMBR and BarBri both suggest doing around 50 MBE's a day, which at 6 days a week times 9-10 weeks will put you in the 3,000 practice question range. I think 2,500-3,000 should be the magic number. For those who want to just buy the materials (check eBay for used materials, or order direct from PMBR - www.pmbr.com or 800 523-0777, although their prices are high) without taking the classes, I don't think you're missing much -- my experience with the 6 day and 3 day classes was that the instructor was essentially reading the explanation of the right answer out of the back of the book, and giving some tips here and there (similar tips are given during BarBri, so you aren't missing any great secrets of the MBE). The 3-day course is often right up against the exam dates, and since the 3-day course is after you have taken PMBR 6-day and BarBri for 6 weeks, many students who pay for the 3-day class end up not taking it (or only taking the first day of it), because (1) they already know most of the substantive law that is going to be taught, (2) they don't need any more live instruction by that point, (3) they can do the practice questions on their own, and (4) they can better use that time focusing on their weak areas, rather than the material PMBR wants to teach. I agree with all of that, unless you are one who needs more structured learning. You could go ahead and sign up for both the 6 day and 3 day, so you have the option of taking both, and by the end of BarBri if you want to skip the 3-day, you have the option. The cost isn't that much, in the big scheme of things. My recommendation is that most students should at the very least get their hands on the PMBR materials, to integrate some (not all -- there are too many) of the PMBR MBE questions with the BarBri MBE questions.

That gives you some diversity. Most students do notice a difference in difficulty between the two programs (PMBR tends to have more difficult questions), and the mix will be good practice. If you want an extra boost and a head-start on BarBri, take the 6-day class. But I think only students who know they are going to need extra help with the MBE (people who always do poorly on multiple choice questions, etc.) should take the 3-day. Personally, I did both the 6 day and 3 day, and if I had it to do over again, I would still do the 6 day, but drop the 3 day and use those days to focus in on my weak areas.

I am taking PMBR as a supplemental course to BarBri. Do you think I still need to do BarBri MBE practice questions?

I would do a mixture of both. Some of the questions that PMBR uses are the same as the ones that Bar/Bri uses, so don't do the duplicate questions (you'll recognize them), but I do recommend doing a mix of questions from both courses, just to make sure you cover your bases. Don't feel like you have to do all of the questions - there's too many. Do 50 a day, 6 days a week, for 10 weeks (3,000 questions), and you'll be set. Don't do more than 3,500 questions. More than that, and you are wasting time you should be spending on essays.

The concensus seems to be that between 65% and 75% correct is the right range to be targeting for. Some subjects are historically tougher on the majority of law students than others -- contracts historically scores low, and con law historically scores high. So don't expect that you will be able to score 75% on all subjects. If your average scores are below 65% by three weeks prior to the exam, you probably need to consider either doing more questions, or trying a different study tactic. If your scores are consistently in the 75% or higher range, you should reallocate some of your MBE time to working on your essays, to make sure you are well-rounded.

On the first day of the 6-day workshop, PMBR gives out a workbook with 50 MBE questions per subject (K, property, crim law, con law, evidence and torts), and detailed answers. For the first three hours of each of the six days, students take the exam on the day's topic. Therefore, aside from the first day, students can do this part at home and not go to class for the morning session. For the next three hours (the afternoon session), the instructor (live or on tape) reviews each question and explains the answers. These explanations are also contained in the back of the workbook. The instructor also gives tips about taking the exam. Some of the instructors are funny and make learning enjoyable. I will always remember one PMBR instructor in particular because I believe he was the largest man I have ever seen.

Going through this week of classes is really quite a shock, because pretty much everyone scores 40% to 60% on the exams. Just when you think you know everything as a third-year, you find out you don't know squat. I emphasize that the explanatory lectures are very informative, and explain the correct answers to the questions you missed.

A few days after the PMBR workshop ended, I suddenly realized how much I didn't really comprehend in law school, that I was now truly understanding for the first time. Maybe it was the fear of the first year that prevented me from comprehending. Maybe it was the long confusing cases, or my inability to "see the forest for the trees". But less than two weeks after graduation, I suddenly realized that there was a lot of information that I thought I understood, but really didn't. Looking back, I'm amazed I got as high of grades as I did. Nonetheless, being able to focus on the black letter law for the bar greatly increased my comprehension of the black letter law.

The three-day refresher course is scheduled for a few days after the last BarBri course is taught. PMBR and BarBri usually work with each other to make sure their schedules don't conflict for both the 6-day and 3-day workshops. The first of the three days is a simulated 200 question MBE exam. The questions are, for the most part, not ones that you have done before, either in the 6-day PMBR workshop or with BarBri. The questions are harder than those on the bar, and PMBR says your predicted actual scaled MBE score will be about 37 points higher than your raw score on this simulated exam. PMBR provides a handy percentile chart to see how you rank nationally on the simulated exam.

For the remaining two days, an instructor, either live or on tape, reviews each question and provides tips on taking the exam. Regretfully, most of this information is the same as what was given during the 6-day course. Therefore, you may want to only take one of the two courses. An argument can be made that you can spend your time more productively at home reviewing flashcards or doing practice exams. But I found the 3-day course to be a good last minute review, despite being repetitive. I don't have any regrets about taking both the 6-day and 3-day courses.

PMBR distributes a set of cassette tapes, also available on CD's, that cover all six MBE areas (torts, contracts, property, con law, evidence, and crim law). If you take both the 6-day and 3-day courses, the tapes are included in your tuition. My understanding is that you have to pay extra for some of the tapes if you don't take both courses. You may also be able to find the tapes for less money on eBay, and sell yours there after the bar. I listened to these tapes for a few hours each week during my last semester of law school, and I thought they provided quite a bit of substantive information; much more than what is provided during the live PMBR 6-day lecture.

PMBR distributes two workbooks after you sign up. One of the workbooks contains outlines of all six MBE subjects, along with 175-200 MBE questions per subject. The other workbook contains an additional 100 MBE questions for each subject, along with a simulated 200-question MBE exam, with detailed explanatory answers for each question. The outlines in the red book are really good, and fill in a lot of the holes left by the tapes and BarBri early bird videos. The word on the street was that BarBri's practice MBE questions were easier than PMBR's, and that PMBR's better reflected the caliber of questions on the bar exam. To make sure I covered my bases, I did a mixture of questions from both sets of material.

These cards come with the PMBR materials, and cover all six MBE subjects. There are approximately 350 cards. They seem very thorough on the law which they cover, but they do not cover all of the law. I set PMBR's aside and made my own, available elsewhere on this website. Remember, making your own flashcards is an integral part of preparing for the bar exam.

BarBri is the biggest component of studying for the bar. A common question among law students (and their parents) is, "Is the review course enough?" For the vast majority of law students, the answer is a reassuring, "Yes, it is."

As I mentioned earlier, I strongly urge you to put your deposit down for BarBri in your first year. Do not delay! They raise their prices exponentially, and by putting down a deposit, you don't commit yourself to anything, but you potentially save yourself over a thousand dollars. You can take the course at any of the BarBri locations, because putting your deposit down doesn't lock you in to a certain location. BarBri lectures are held or viewed at nearly every ABA law school, and at many other locations. In the Bay Area alone, I believe they have about ten locations each summer.

Help support the
California Bar Exam Primer

Click the PayPal logo below to donate via the secure PayPal site using your credit card. Thank you for

Exam Date	Application Deadline	Late Application Deadline
February	November 1	February 1
July	April 1	July 1

California Bar Exam Primer

Contents

1. Introduction 2. Background of the Exam 3. Substantive Study Material 4. It's Never Too Early 5. Ten Weeks 6. The Bar Exam 7. Ten Rules 8. Checklists

A. Background Of The Primer

A. Important Dates

1. General Timeline

2. Calendar

B. Format Of The Exam

1. Essays

2. Performance Test

3. Multistate Bar Exam

4. Predictions

5. Using A Laptop To Type The Exam

C. Why The Bar Examination Is Required

1. The "Baby Bar"

2. Attorney Applicants & Reciprocity

3. Foreign Applicants

D. Pass Statistics

E. Scoring

1. Who Grades Bar Exams?

A. Checklists

B. Outlines

C. Flashcards

A. Pre-Preparation Preparation: The Things You Have To Do

2. Sign Up For BarBri

a. Alternatives To BarBri

3. Take The MPRE

4. Submit Moral Character Application

5. Submit The Bar Exam Application

6. Tie Up Loose Ends

B. Pre-Preparation Preparation: Optional Things To Do

1. Plan Your Law School Schedule

2. Books

3. BarBri Early Bird Video Tapes

4. Work On Your Study Habits

5. Work At A Clinic

6. Take A Supplemental Prep Course

7. Sign Up For PMBR

8. Isn't This All A Little Bit of Overkill?

A. Graduation

3. Taking Care of Yourself

C. PMBR: What Do Those Letters Stand For?

1. The Early Bird Six Day Workshop

2. The Three-Day Refresher Course

3. Audio Lecture

4. Multistate Workbooks

5. Flashcards

D. BarBri: All You Ever Needed To Know For The Bar Exam

1. Introduction
2. Background of the Exam
3. Substantive Study Material
4. It's Never Too Early
5. Ten Weeks
6. The Bar Exam
7. Ten Rules
8. Checklists