6.30.2007

Waste of Time

Just went for my daily run. I was incredibly pissed off when I got a few minutes in and realized my mp3 player had run out of batteries. So much for listening to PMBR lectures. And my first thought was "Damn... this run will be a waste of time." And then I remembered fondly my college psych professor who told us that in Brazil, there is no translation for 'waste of time' because their lifestyle is far more laid back and no time is truly wasted. And then I thought... they must not have a bar exam in Brazil.

And then I got home, checked my mail and received that scary threatening letter from the bar that says "Tell your law school to get their act together, and send us proof that you graduated, OR ELSE." I agree with you Poobah- I think at this stage of the game, we're talking grounds for NIED. So I fell to the ground and skinned my knee just so I could associate some physical harm and satisfy the damages requirement. Ok, that last part is in jest.. but maybe I should have.

6.29.2007

Credit for time served

Just went and saw 'Sicko'. Great movie. And I've decided to count it as study time because it included:

  • authentication of documentary evidence
  • reference to the 'reasonably prudent person standard' (also the guy in the movie referred to it as the 'normally prudent person')
  • discussion of a rebuttable presumption
  • Reason #672 why Nixon ruined our country (reason #438 is the addition of professional responsibility to testable bar subjects)

Now I will finish patting myself on the back for excellent issue spotting and head off to bed.

I'm more sheep-like than 85% of other sheep

Thank you fellow bloggers for pointing out that the MBE results are up. Spending the last half hour analyzing my results has allowed more to put off the paced program while still feeling like I'm 'studying'. In order to fulfill my duty of candor to the public, here is my feedback:

BAR/BRI OVERALL SCORE
Raw Score: You answered 130 correctly out of 200, which equals 65% correct.
National Rank: Your score was higher than 85% of the students taking the exam.

That makes me feel good about myself.

This does not:

Evidence:
18 correct out of 33 (55% correct)
Percentile rank: 58%


Also, did anyone else notice this minor discrepancy...
  • What we were told by Guzman on Day 1 of the MBE review: This was much harder than what your MBE will be. You will not see a test like this.
  • What the Barbri website says: "The BAR/BRI Simulated Exam that you took has the same overall topic coverage and the same level of difficulty as the actual MBE. We say this with assurance because our attorney staff takes the MBE regularly to ensure that the BAR/BRI Exam is representative in this regard."

I may not know jack about evidence, but I do know a prior inconsistent statement when I see one.

In other news, today we wrapped up out last full week of Barbri lectures. (Next week we get Tuesday and Wednesday off, the following week we finish on Wednesday) At first, this realization made me incredibly happy. I am going crazy in that little windowless room every day (I think it's worse than Paris Hiltons' jail cell). But then, it made me incredibly scared. That means it's almost here. Yikes.

Does anyone else feel like the Paced Program is being too easy on us this weekend? I mean come on- outline two essays today, write two essays tomorrow, one simulated performance test on sunday, and a handful of conviser sections thrown in.... It makes me feel like I should add more. Like maybe they have trained us to be sheep but this is the point where we start showing off to the other sheep... a sick Animal Farm deviation of sorts... 2 simulated essays good... 4 simulated essays better. Or maybe I should take the opportunity to figure out what the hell admissible evidence is.

Oh, and me and my Barbri neighbor noticed today that we uncapped our highlighters, highlighted a section of the handout, and capped our highlighters today perfectly in sync... twice. Baa Baa. (that's the sound a sheep makes, right?)

And finally in today's news, my brain is officially nearing capacity. I went to send my husband an email today and could not remember his email address. It is hisfirstname.hislastname@hiscompanyname.com I have officially lost it. And I can't get that not to hyperlink. Go ahead, send him an email.

6.28.2007

Master of the Flying Obvious Strikes Again

From the Professional Responsibility Conviser:

"The California rule prohibits the lawyer from: (i) demanding sexual relations with a client as a condition of professional representation..."

Really? Thanks Conviser- I never would have figured that out on my own.

Dear Self,

Larceny is a crime, not a tort. Therefore, you may not discuss tort liability for larceny in a remedies essay. Get it together self- you just learned this stuff a few weeks ago. And next time, pay attention to that funny voice in your head saying 'larceny... hmm... that doesn't sound right.' Ugh. Stupid stupid mistakes like that will cost you!

Sincerely,
Me

P.S. Other than that stupid mistake, you did a really great job on this essay. Go get yourself a fudgesicle!

6.27.2007

It's all relative

So I sat down to post and started to title this 'great day' and then realized how relative that phrase has really become.

The day started with 4 hours of Remedies with Conviser. All I kept thinking was SPEED IT UP- we already learned half that shit in contracts and torts. Also, Conviser really let me down. I expected more personality from the founder of Barbri. Now I see why Epstein makes fun of him. We also got back our Contracts essays today- failed on all except the rules. I was pretty sure of that one after I looked at the sample answer, but based on the grader's comments you would have thought I wrote on a completely different prompt. Her bright red pen crossed through many of my paragraphs, writing them off as 'NOT AN ISSUE'. Clearly, my understanding of how to write a passing essay is the real issue...

But I digress.... What made my day really great was that I got done with the paced program by 6pm which allowed me to spend the whole evening cleaning house and sorting through the massive stack of mail that I had been ignoring. Isn't that sad? But I relished the opportunity since I'm pretty sure it'll be the last time my house gets any attention again before the bar. Anyways, highlights from the stack of mail included a past due bill (yikes- I'm never past due on bills!) and a letter from PG&E notifying me of a scheduled outage in our area... oops. And now it's bedtime- at 11pm!!

So that's my new standard for a great day- and not even Conviser or Grader #602 could ruin it.

6.26.2007

When the going gets tough...

A bit of a panic struck today... I blame Honisberg mostly, and myself a little. Allow me to organize this with headings because I am a sheep.

Things that were stressing me out

The Prospect of Failure
First, Honisberg telling us that everybody passes, creating in me the panic that I won't and I will embarrass myself, my friends, my family, and the law firm that so graciously hired me and paid for my bar prep. I think I'd been in a stupor for the last few weeks, chugging along, being a sheep, and forgetting that some sheep don't pass. The reality hit me today- there is nothing that guarantees I will pass.


The Paced Program
Second, I fell a little behind on the Paced Program for the first time... it started with just missing an essay and putting off reading the Conviser on Remedies on Sunday, due to an improptu house hunting trip and an allegedly 'scheduled' power outage... then it grew to an essay, a conviser section, reviewing a half-assed performance test, and a set of MBEs due to a headache and general laziness last night. This became an all out panic today when faced with the prospect of catch-up plus a simulated performance test and more MBEs. Then, looking ahead I realized that next week is the last week of real substantive material, and they've saved the best for last- community property and wills/trusts- the two subjects I didn't take in law school.

The Performance Exam
I didn't feel like Honisberg gave us a very good technique for approaching the Performance Exam. I half-assed the assigned one last night because I was just so overwhelmed by it. I told myself that Honisberg would explain it all and go into a more detailed theory today. I was wrong. He basically said 'this was easy' and then moved on to 17,647 other examples of what the bar examiners might expect us to be able to do. Most of his examples did not have sample answers, leaving us still mystified. Couple this with someone telling me on break about someone they knew who failed the entire bar on account of the performance exam... I guess I'd been writing off the Performance Test as 'that other part of the bar exam that is annoying but easy so I won't worry about it.' And today I started seeing it as 'that other part of the bar exam that may f*ck me over because there is no real way to prepare for it.'

A danger to the community
And finally, Paris Hilton is out on the streets again- free to drunkenly run into me on the way to the nearest In n Out. Ok, this isn't really a concern considering she (a) would never be caught dead in Fresno, and (b) is a changed woman.

Things I did to stop freaking out
So, in the midst of my freak-out I did the following things:

1. cried
2. took a power nap
3. cried
4. told myself to stop freaking out, take a bathroom break and get to work (not literally take a bathroom break, but more in the sense that Honisberg told us to)
5. Got to work

Conclusion
And in the end, I was uber-productive today.

The Prospect of Passing
I've decided to go glass-half-full. I went to a top 30 school that has a 80% pass rate (I think). I am a first time test taker. I don't have any of the crazy distractions that would make for a Honisberg story. I am working my ass off. And most importantly- I can be a sheep!

The Performance Test
I was very strict with my simulation today and felt pretty confident when it was over. These things are doable, and in my opinion, more a mind game than anything else. Yes, three hours is a long time to focus when you have no water and a stack of shit to read and make sense of, but three hours is also a long time in which to do a good job of reading through the stack of shit, make sense of it, and perhaps take a break to go to the water fountain. I'll be anxious to see my grade on this one. Also, I am vowing to not half-ass the remaining assigned Performance Exams so that I will be feeling more confident about them by 7/24.

The Paced Program
I am caught up with the Paced Program- even having read the Remedies Conviser for tomorrow and made flashcards. I'm super excited that remedies promises to be mostly a review of contracts and torts concepts with a little more depth. And that the rest of this week includes only another essay workshop and professional responsiblity- which, since we did already take the MPRE, really means no new material this week. I'm even more excited that if I finish my assignment in a timely manner tomorrow I may actually get around to the piling up laundry and disgustingly dirty house.

A blessing to the community
Paris Hilton is going to save the world- what's not to be excited about? And if I've learned anything from her ordeal... It's that when the going gets tough the tough get going (after crying a little first... something about 'it's not right').