Why I write Michigan Bar Appeals

The short answer is, of course, the money. But if that were the only reason, then I would not have a reason to write them. My practice and much of my favorite work is tied into the Michigan Bar Examination and the Bar admission process.

First, there is a need. Michigan’s 5 law schools graduate, on average, 1,000 lawyers a year who sit for the Michigan Bar Examination. On average, 30% of those candidates will fail. With the new essay scoring scheme in place since the February 2009 Bar Examination, the essays are receiving increased focus by the graders. [If you did not know, Michigan used to admit candidates who scored a 150 or higher without grading the essays. These candidates received a 'cursory reading' to make sure they put forth some effort. This practice ended after the July 2008 Michigan Bar Examination]

Second, anyone who fails the Michigan Bar Examination does not want to take it again. Even if you feel you did not do your best, it is a lot of work and anxiety to sit again. If you have taken the Bar multiple times, it feels like you are continuing to slide down a hill with no way to stop and no end in sight. Michigan’s long-standing process of allowing review by Bar Appeal offers a failed candidate a second shot at the test.

Thirdly, I was amazed by the claims other attorneys made about their abilities and efforts on behalf of clients. Some claim to have never lost; some do not let their clients have a copy of their appeal. Some past candidates shared similar stories of poor service, questionable efforts by the attorney and terrible results despite the promises otherwise.

Lastly, I know how it feels to not pass the Michigan Bar Examination and make on a Bar Appeal. That’s right: not only amI the lead attorney for my firm, but I was its first client. When the letter from the Michigan Board of Bar Examiners arrived in early November, 1993, I felt like the trapdoor below my feet had opened. All the studying, the work and my career just shattered. A 133, two lousy points. I was heart-broken. I did not cry (at least not that day), but I was ready to quit; a bad feeling indeed. I ordered my scores out of morbid curiosity to see how I did. I could barely ready my own ‘crap’ much less the vaunted Model Answers from the Michigan Board of Law Examiners. It took my favorite professor and my sister-in-law to convince me that I had done better than I thought. They insisted that I appeal and that they would help.

My Story

To write the appeal, I had to channel my feelings of self-pity and loss into self advocacy. I had to write better than I ever wrote before. I had to objectify my work and the Model Answer AND prove that I did better that the scores I received. So every night after work, I would close the door to my office, pound some caffeine-laden products, and make legal arguments, logical analyses and prove to the Board, to the world, that I possessed the legal knowledge to practice law. Easier said than done.

I ultimately appealed 5 questions. It took me 60 hours, 3 rewrites and the support of my family and friends. Judge Megan Maher Brennan, then a pracicing attorney, held me to a very high standard. She helped me transcend the barrier between personal argument and focused advocacy. She edited my work and made me work through the details. I taught myself the technique to read Model Answers that I still use today. I learned to make my arguments quickly and succinctly. After all the rewrites and edits, I submitted my Bar Appeal according to the concise rules of the Michigan Board of Bar Examiners; Registered mail, return receipt. I would have gladly purchased a talisman, fortune cookie or any other omen of good luck to support my Bar Appeal.

Between the time I submitted the Bar Appeal and received my results, I lost my job [the day after Christmas - Ho Ho Ho]. With two little kids and my wife still attending grad school, I felt great pressure to study and work. I began my short but illustrious career driving the shuttle bus at Metro Airport – One slice of humble pie, hold the pathetic self pity. I felt good about my appeal and found studying for the Bar Examination to be difficult. Deep down, I felt somehow had vindicated myself on the Bar Appeal. Mind you, my track record for the prior two months did not support this prediction. Every time I cracked the books, I felt like I was wasting my time.

It was a freezing cold February 3, 1994 day when my results arrived. The sun shined but it was probably no warmer than 20 degrees that day. I was an hour out from finishing my shift when the radio in my van went off. The dispatcher called my name. I answered and he told me, “Dinan, call your wife at home. She says it is important.” This is the day before widespread cell phone ownership. I pulled over to a medical clinic at the Detroit Medical Center and anxiously dialed our home number. The phone rang 6 times before Julie picked it up. There was shouting and kids yelling in the background. Julie could barely tell it was me on the phone. I asked what was the problem (assuming the worse, of course) and she screamed, “You passed! Timmer, you passed!” My middle son, Michael, was having his first birthday so Julie’s excitement was picked up by the kids at the house. The best 20 cents I ever spent.

I was elated. I told anyone nearby I passed. The door guard, the nice lady cleaning the building, anyone who I saw. I almost slipped on the ice getting back to the van. One of the finest moments in my life and I was wearing a clip-on tie and a cheap white shirt.

My luck changed that day. I had just accepted a clerking job that became a lawyer’s job by passing the Bar. I was sworn in 10 days later. The sweetest part was doing it myself (albeit with a lot of help). No doubt, it was liberating and enpowering. A wall was erected when I failed; losing my job felt like barbed wire was strung along the top. Passing on a Bar Appeal felt like getting a jet pack to transcend it all.

Practice in the Area of Bar Appeals and Bar Examination Education

I did my first Bar Appeals as collaborative efforts with friends graduating from law school with me. Pay was usually a nice meal out or couple of cases of beer. Some of these efforts were successful and slowly the word got out. I gave informal advice here and there. My first professional efforts were a mixed bag – typical for new lawyers learning their trade. I did it after hours so it would not interfere with my job. I developed ideas such as using a third party editor and a fixed format during this time. I also spoke to classes and groups of students who had failed. I found myself being called here and there for advice and help. One day, someone offered me the opportunity to write their appeal for money. Wow! The idea stuck. A practice was born.

When I went into solo practice, I recognized shortcomings in the Bar education field and with attorneys who claimed expertise in this area. I have been fortunate enough to focus my efforts and find opportunities helping out candidates who did not pass. I devoted more time and effort to understand the test, know the graders and Bar Examiners and availaed myself as an instructor and tutor.

What I Try to Do

When any candidate calls my office, I try to put their achievements and position into context. Most people are fine by the time they call me. But they do need advice. I always advise my clients to order their scores and type them up. That forces them to face the test head on and form their own opinion. I then review their results against my reading of the Model Answer from the Michigan Bar Examination. My interpretation of the Model Answer is different as it my objectification of where specific points are available guides my reading of a candidate’s answer.

From there, I try to give the candidate an estimate of the chances of making it on a Bar Appeal. I always encourage anyone who calls to do their own appeal and explain my process for doing them. Ultimately, I make myself available as counsel to those who want to appeal the test and do not have the time or feel the ability to give it 100%. After an honest review of their scores, I feel like I can guide a failed candidate through this important decision. So the answer to why I do Michigan Bar Appeals: it allows me to help someone else who is in my shoes. I am passionate about the subject and I know I care more than any other lawyer about the results of my client. I value the long-term relationships I have developed and the carefully honed reputation I have earned for honest appraisals.

goldenappledesign, May 11th 2010 | Posted in Bar Applications, Michigan Bar Appeals, Michigan Bar Examination

Your District Committee Meeting

Sometime between the time you apply for a license to practice law and your swearing-in day, there exists moments of anxiety.  It might come in of the form of a letter from the State Bar of Michigan’s Character & Fitness department or your own knowledge that something happened in your recent or distant past for which you know you’ll have to answer to someone.  Some people get e-mails asking for clarification on an application question and that simple inquiry is enough to distract or even despair.   Of course, it does not take much to distract any applicant waiting for approval from the State Bar of Michigan and ultimately from the Board of Law Examiners.

The District Committee

When circumstances dictate, an applicant will be called into an in-person meeting with State Bar incarnated in the form of a District Committee.  The District Committee is made up of lawyers appointed by the State Bar of Michigan’s Board of Commissioners based upon their locality.  The districts correspond to the State Bar of Michigan’s geographic regions.  The members of the committee are appointed for three years.  All members of the committee are volunteers.  It is considered an honor to be a member of the District Committee and the individual members take their work seriously.

It is considered an ‘informal’ meeting according to the Rules on Admission to the State Bar.  The roles and duties of Committee members are dictated by the State Bar rules regarding character & fitness.  The conduct of the district committee meetings are dictated by the same rules.  All the meetings are taped though the contents of the meeting are not transcribed nor are the tapes available to the applicant.  The District Committee will meet, review the applicant’s application, meet with and interview the candidate and make a decision about the candidate’s fitness.  They will then issue an opinion which is reviewed by the Standing Committee on Character & Fitness who can either accept the District’s recommendation and pass the approved application to the Board of Law Examiners for their approval, accept the recommendation but still want to meet with the candidate or reject the applicant giving the applicant the opportunity to appear before a standing committee to make the case for an applicant’s requisite character & fitness.  The candidate may bring a lawyer to the meeting as well as other supporting materials that might affect the committee’s decision.

A candidate who will have to meet with the District Committee will receive a letter and a referral sheet from the State Bar of Michigan’s Character & Fitness department.  The meeting will then be scheduled through the District Committee chairman’s office.  The Chairman will then find three to five members of the District Committee who will agree to sit on the applicant’s panel.  The panelists will have the application and the referral sheet of the applicant.  The committee’s readiness is dictated by the amount of time they have had to prepare for the meeting.  Most issues are straight-forward enough, but some issues do contain subtleties.

Bringing an attorney to a District Committee meeting is a matter of comfort and preference.  Most issues do not require a lawyer but rather thorough preparation and honest responses.  The advantage to having a lawyer and consulting with a lawyer prior to the meeting is to reduce the ’surprise’ factor and to properly prepare you to honestly answer the questions you will get.  The attorney will also prepare you to meet the burden of proof for the hearing: you are responsible to prove by clear and convincing evidence that you possess the requisite character & fitness to practice law.  It is not presumed.
(Read more…)

Tim Dinan, December 13th 2009 | Tags: , , , , , , ,
Posted in Bar Applications, Michigan Bar Examination

How to Apply for The State Bar of Michigan

      This post is NOT a replacement for the www.michbar.org directions and forms.  No, this is more of a practical article on how to approach the State Bar of Michigan’s application. 

1.     First Look at the Forms.  The application and supporting forms are lengthy and require massive detail.  Everywhere you have lived, all of your previous employment, all of your schooling and just about all other aspects of your life are addressed by the forms.  You will see that if you need more room to complete the application, you will have to supplement it with the additional forms.  It would be a good idea to simply review a printed out copy and make a list of what you will need.

2.     Dig Up Your Past.  All of your movements, any change of address, change of employment, enrollment or disenrollment from school, lawsuits, firings, arrests, etc . . . .   Every instance where your life was in flux involved some paperwork.  Before you answer any questions, get all of that paperwork together.  Your memory of the incident might not jive with the ‘official’ record and why do you want to create a question of fact.  You would be surprised to see what official reports, landlord references, employment files and your credit reports really say about you.  I am not sugesting that you parrot their contents, but at least you have to acknowledge their existance in your answers.

3.     Start Early.  If you lived out of state or out of country, you will have to do some scrambling to chase down all the different criminal clearances, driver’s records, addresses where you lived and worked and anything else that is pertinent.  This takes some time (Remember the old saw: an emergency on your part does not necessarily create an emergency on my part).  I always recommend 2 1/2 months prior to the day you want to turn in your application.

4.     Be Open and Honest.  Why people want to hide all of their business is perfectly understandable.  After all, we are an image-conscious society that promotes positive images.  No matter, you need to be open with your licensing board.  You are seeking one of the most powerful and potentially lucrative business licenses available.  It gives wide discretion to act on behalf of yourself and your clients.  So, the Board of Law Examiners (BLE) and the State Bar of Michigan (SBM) wants to know as much as they can.  The basic information you provide in your application is not only taken at face value, but is used to develop its own independant information.  So, if you do have any advere information about yourself in the public record, you can be sure it will be discovered.  Better you do it and explain it fully rather than have the SBM invetigator find it and flag your file.  Failing to disclose known information is a big sin in the eyes of the SBM and The BLE.

5.     Anticipate and Address Adverse Information Early and Often.  OK, maybe you shop-lifted some stuff when you were a kid or got caught with marijuana (aka marihuana in MI statute) in high school.  You may have done something more severe such as a felony or a serious misdemeanor.  Cheating, lying or misrepresenting yourself are matters that bring your character into question.  There a number of lawyers who have done such things before they were licensed.  Today, even something like poorly managed finances will get your file flagged.  If you know you have problems (or think you might have problems), you not only need to fully and properly disclose them, you need to have your plan of action/reconciliation/penance/reformation on hand to show the SBM that whatever transgression occurred in the past, it will not occur again because a), b), c) . . . .  This is critical.  It is indicative of you current character & fitness.  If you have not really addressed the issue that may be adverse to a determination of your character & fitness, you can start something today (like the Lawyers & Judges Assistance Program [sponsored by SBM for lawyers and law students alike] for addictive behaviors) and include that in your application or simply delay your application until you got your problem/issue under management and then submit it.

      You need to be honest with yourself.  If in doubt, check it out.  Maybe you are paranoid.  maybe you are in denial that a problem exists.  Either way, a bit of introspection and some sound legal advice will probably confirm your gut feeling on how your problem is perceived and how it will affect your chances to be admitted.

6.     Supplement Your Answers.  You need to supplement your application whenever there is a change.  Good, bad or otherwise, you must supplement your form until you are cleared by the BLE and sworn into the courts.  Michigan law licenses are not conditional.  Once issued, you are vested in a valuable property right.  That’s one reason why our process is so strict.  By doing so, you are upholding your written promise found in the form.

      The Take Away for You- A law license is a valuable commodity.  Practicing law is a privilege.  The SBM guards its monopoly and the BLE will act just as carefully.  This means you need to be just as meticulous and careful.  If you are thorough and detailed in your preparation, you will not have a problem being licensed.  Even if you have adverse information in your application, your open, honest answers (and proposed solutions) will be given more credence compared to someone else’s slapdash application.

Tim Dinan, December 6th 2009 | Tags: , , , , , , ,
Posted in Bar Applications, Michigan Bar Examination

Why I Write Michigan Bar Appeals

The simple answer is for the fame and fortune associated with it.  But since this area of law offers neither, I have to fall back to my real reason.

A good part of my practice focuses on counseling legal professionals in transition.  This includes teaching bar examination prep classes, tutoring students, counseling applicants delayed in their application process because of Character & Fitness issues and helping young lawyers make the adjustment from law student to lawyer.  I am writing a book to help law students prepare for the examination and am getting ready to write another book on how to open a solo practice.  My own experience becoming a lawyer pointed up the lack of assistance during this transaction and the great need for guidance and advice.  Over the years, I have encountered so many people who needed advice about Character & Fitness, how to reapply for the Bar Examination or simply finding the motivation to retake the Exam.

At first, I began to offer advice to these new lawyers informally.  I mentored as I was mentored.  Generally speaking, this has been how the practice has been taught and handed down – a combination of mumbled advice and presumed osmosis from which we are supposed to base our career.  It was not very satisfying nor helpful.  As our practice grows, there are fewer of the familiar relationships in place that promote open dialogue and sharing.  Toughen up and put your shoulder into it.  Everyone else is fine . . . what is your hang up?  Ah, but I digress.

The thing is that the transition from law student to lawyer is difficult.  The dizzying mix of personal and professional demands is, at best, challenging and causes no small measure of stress that can cause other problems.  Even worse, some people discover that the practice of law is not like the brochures or Boston Legal.  Again, I digress.

No matter what, if you have taken the Michigan Bar Examination and not passed, you may be looking for help and advice.  I fully understand that feeling.  Back in November 1993, I waited for my bar results anxiously as my new job (and my government career) depended upon them.  On November 2, 1993, the carpet was pulled out from under me.  I missed by two points (actually 1.667 points but the Board of Law Examiners rounds up).  No, that was not the news I expected.  I worked hard on studying, sacrificed my summer and put all my chips on the fact I would pass.

I was stunned.  I did not know what to do.  I did not know who to tell.  I did tell my boss who was, at first, kind and understanding, but then told me the position held for me had to be filled by someone else.  I told my family and friends.  I heard all my friends passed and were making arrangements for get sworn in.  I felt like a total loser whose winter months were going to be devoted to studying for the Bar Examination once again.

I spoke to my professors and my sister-in-law who told me to appeal my score.  Appeal?  Appeal what?  I did not even know that was an option.  I assumed it was a test and a test is a test.  Well, it’s right in the Michigan Court Rules and tersely explained in the ‘failure packet’.  OK, now what?  How do I do it?  Can I do my own?  Pen or pencil?  does neatness count?

Thank God for the good advice I received.  With the help of Megan and Prof. Jack, I put my nose to the grindstone and knocked out my own bar appeal.  To say I obsessed over it would be an understatement.  I analyzed, reviewed, read and reread the materials:  my answer, the Model Answer, the directions from the Michigan Board of Law Examiners.  Draft upon draft until I had it just right.  Conservatively, I spent about 70 hours on the whole project.  I developed the basics for the same approach that I use today in writing appeals.  Of course I did not believe I was going to ever do it again.  I thought I would succeed, but after failing the Bar Exam and losing my job, betting against the house did not seem real smart.
(Read more…)

Tim Dinan, October 25th 2009 | Tags: , , , , , , ,
Posted in Bar Applications, Michigan Bar Appeals, Michigan Bar Examination

Honesty is The Only Policy

Your application for membership in the State Bar of Michigan is lengthy and requires considerable effort to complete.  It could take months to gather all the necessary information before you are done.  Consider this:  If you have lived anywhere for more than two weeks, you must list it on your application.  That includes dorm rooms, the three month sublet in Wahington, D.C. and even an overseas address for a summer study.

All of your jobs must be listed: dishwasher, parking attendant, part-time or full-time; jobs you quit, jobs that were seasonsal, jobs you were fired from.  There is a lot of disclosure required for your finances.  Any contact with law enforcement – must be disclosed.  (Check out the form at www.michbar.org)

Maybe there are some things you forgot to disclose on your law school application.  Perhaps you were too embarrassed or worried how it would reflect on your appearance to the school or the general public.

Whatever the case is, you must bare all on your Application to the State Bar of Michigan.  Full and honest disclosure is needed to avoid unnecessary delays in your clearance.  This process is a confidential one, but requires you to be open and frank about all the skeletons in your closet.  It is quite explicit in the directions, but becomes even more clear when you go through the process.  (Read more…)

Tim Dinan, October 12th 2009 | Tags: , , , ,
Posted in Bar Applications

What is Character and Fitness for a Michigan Bar Applicant

To practice law in Michigan, an applicant must meet the following requirements: 1) graduate from an ABA accredited law school or its equivalent, 2) take and pass the MPRE, 3) take and pass the Michigan Bar Examination and 4) demonstratethe requisite personal character and moral fitness to practice law. That fourth standard is the least objectively defined.

What is ‘The Requisite Character and Fitness’ To Practice Law

Good Moral Character and Fitness is a set of characteristics for the public and business conduct that guides lawyers in the ethical and moral decisions that they make in their day-to-day practice.   It requires the applicant to be competent and diligent in work habits.  It is a broadly defined and vague standard designed to give the State Bar of Michigan to ability to examine all aspects of an applicant’s life where ability, diligence, ethics and conduct may be observed and judged.

The most important thing to know that your character and fitness is based on who you are today. It is not a measure of who you were in high school or college necessarily. It is not about your resume or how perfectly you live your life. It is about your current competence, honesty, integrity, wellness, self-enrichment and confidence in yourself.

Your competence is measured in the testing. It is more or less a bright line standard with a few notable exceptions. Honesty and integrity start with your law school application.  Any misrepresentation, even of a minor nature, that becomes apparent in the application process that shows up in your licensing application will flag your file for review. So, when you apply for law school, come clean. Better to over-disclose than under-disclose any activity requested.  As you finish law school, you will begin to gather information for the State Bar of Michigan application.  This is no small effort as it requires detailed background information going back into your teenage years.  You must be as detailed and open as possible in your disclosure.  Do not guess about answers.  You should look at all records regarding factual representations you make in the application if you are not 100% certain of the answer. This calls not just on your honesty but your integrity by being thorough in researching your answers.

Your wellness and self-confidence are measured in the application process, too. This means disclosure of health concerns that might compromise your abilities to represent your clients.   The StateBar of Michigan is not trying to bar those with disabilities from practicing, but will protect the public from lawyers whose ability is affected by any problem.  Again, the measure is not whether you have a disability or not, but how you manage it and are able to demonstrate how it will not affect the consuming public who may hire you to address their problems.

Nobody goes through life not making mistakes.  Some mistakes are public and must be disclosed and discussed.  Crime and other contacts with law enforcement, both major and minor, could affect your ability to act honorably as a lawyer.  Addictions and neuroses can pose a threat to your clients if not acknowledged and under treatment.  Lapses in integrity as evidenced by cheating, lying or other fraudulent behavior in your past raises critical questions about your integrity. The application process requires full disclosure and gives you the opportunity to put these types of incidents into context and show how they are not part of your current character.  The application process also gives you an opportunity to demonstrate your character on how dealt with the issue.

Other issues such as financial responsibility, work history, litigation history and previous licensure are just some of the issues that can affect your application.  Again, it is important to be as open and prepared as you can be in your answers about these issues, too.  These incidents can also reflect on ability or ethics.  They are important to discuss and disclose to demonstrate your current fitness.

Generally speaking, these issues are explained in the application and do not pose a reason to delay your application.  If further information is required, it is to make sure the State Bar has enough information or has a clear idea of items you disclose.

The Standard

Everyone approaches the problems that life poses based on who you are.  Lawyers are in the problem solving business.  We are officers of the court and held by the public to a high standard.  Our ethics require a good amount of self-reporting.  If you find yourself in the position of having issues in your past that are not your proudest moments but you are obligated to disclose and discuss, do so completely, honestly and with integrity based on any record of which you are aware.  How you dealt with the issue afterwords says more about your good character than anything else.  The standard is, in my opinion, how well you understand yourself, including your flaws, in a manner that you can conduct yourself as a professional and look out for the needs and priorities of your clients above your own.

A lot of it has to do with the wording of the application.  Remember, you are a stranger to the investigator.  They are trained to look for normal applications and anomalies that might be of interest to the State Bar of Michigan or the Michigan Board of Law Examiners.  If your application is not defensive or vague, it does not raise a direct issue of lack of disclosure but rather the past conduct itself.  You are better off explaining the past rather than explaining your cover up of the past.

I am sure you are a good person.  You are human so I expect that you have made one or two errors in your life.  These are not reasons to deny you a license.  Embrace who you are, faults included.  If you can do that, you are a long way towards meeting the standard.

Tim Dinan, October 4th 2009 | Tags: , , , ,
Posted in Bar Applications, Michigan Bar Examination

Should You Do Your Own Bar Appeal?

If you are reading this before the results are released, you’re are too worried or just morbidly curious.

The release of Michigan Bar Examination results is a time frought with joy and anguish.  Not everyone gets the news they want.  But before you start reading though your study materials again, you need to consider your choices.  The Michigan Board of Law Examiners has a procedure that allows those candidates who did not pass the Michigan Bar Examination to appeal the results of their essay scores. This procedure is found in Michigan Court Rules 9.1 et seq. See http://coa.courts.mi.gov/rules/documents/7RulesForTheBoardOfLawExaminers.pdf  for the exact rules and procedure.  As of the publication of this piece, Michigan’s passing score is still 135 out of 200 (67.5%).

Assuming that you did not pass the bar, you first need to consider whether you should do an appeal or not. As a rule of thumb, if you need more than 10 raw points, a successful appeal will difficult. Raw points are the points derived from the essay scores before they are calculated with your MBE score. The formula used to equalize the MBE and Essay scores is as follows: Raw Score from all 15 essays x 4/3 = adjusted score. The adjusted score is then modified by the ‘curve’ determined by the Board of Law Examiners. In February 2009, this curve added approximately 5.66 points to the adjusted raw score. By the way, that formula is not disclosed to the public.  By calculating your adjusted score, you should be able to determine how many raw points (i.e. extra essay points) you need to boost your score to an overall score of 135.

If you are within 10 points, then you need to look at your individual answers to see if you were undergraded on any of them and, if so, by how much.  This requires you to objective review your own scores and determine whether you addressed the question and how well you did so.  You have to be critical and objective to do this best.

The next part is tougher. Now you need to look at the Model Answers from the Michigan Bar Examination to see what it was the graders were looking for. This is tough because sometimes, the model answers are not entirely clear on how points are awarded.

With your questions identified and your arguments ready, writing the appeal is more about substance than form. If you feel strongly about the questions you are appealing, make the best argument you can. Don’t make it personal, but focus on the objective arguments.
(Read more…)

Tim Dinan, September 30th 2009 | Tags: , , , , ,
Posted in Bar Applications, Michigan Bar Appeals, Michigan Bar Examination

Quality v. Quantity Bar Exam Studies

No doubt: The Michigan Bar Exam is a challenge.  Even the most accomplished student is daunted by its size and scope.  Determination, fear and intimidation are just some of the feelings this test gives to its candidates.  It is a huge project; the ultimate final exam.

How should you approach your studies?  How much time do you need to put into it?  What should I study?  Do I study everything?

All excellent questions . . . but the real question you need to ask is, “What is the most efficient way for me to study?  How do I get the most out of my time?”  The answer is simple.  You want to devote as much as your time as you can to Quality Studying.  The Michigan Bar Exam favors those who are organized, those who can work quickly and demonstrate their knowledge clearly.

To build those skills, you need to engage yourself in Quality Studies.  Quality Studying is characterized by 1) engaging more than one sense (e.g. hearing and writing; seeing and rewriting, etc.); 2) making your own study materials; 3) practicing essay and MBE questions; 4) condensing longer outlines into shorter outlines; and 5) planned activities for every day with extra exercises available if necessary.  Notice that I did not define the length of time.  Quantity Studying is more concerning with the ‘clock hours’ spent on bar studies whether it is really helpful or not.  This includes 1) attending lectures without taking notes or reviewing anything prior to the lecture; 2) reading old tests and model answers without actually practicing; 3) justifying not following your schedule by saying you’ll ‘make it up later’ but not putting the unfinished tasks in your study schedule; 4) failing to schedule your studies and just doing what you want; and 5) only engaging one sense when studying.

How Quality Studying Makes You More Efficient

1.  Planning- Planning while your not under the pressure of the test gives you a roadmap to success.  Do it in as detailed a manner as possible. The better your plan, the more likely you’ll follow it and profit from it.  By the way, you can modify and change your plan as your needs/style/progress dictates.  Make sure to include test practice, outline preparation time, review time and schedule plenty of breaks for meals, stretching and coffee (or whatever other vice you engage in).  Also set goals to reach each day and have a reward for yourself at the end of the week (generally on Sunday when you deserve a break and a treat).

2.  Practice Old Questions – The Michigan Bar essays are given to you to keep after the test.  All the tests are published as are the Model Answers.  Going back 5 or more test cycles gives you a good idea of what to expect.  By practicing the questions, you get a better idea of timing and strategy for issue spotting and an eye for detail.  The MBE has official released questions and many commercial bar prep services have thousands of their own questions.  In short, there is plenty of materials

3.  Make Your Own Outlines- Making your own outlines forces you to learn the law.  It focuses you on big concepts rather than drowning you in minutiae.  You are more likely to understand the concepts and ideas behind the law rather than trying to master every rule, sub rule and exception.  By learning bigger concepts, you are really drawing out the problem-solving aspects of law (and lawyering).  Yes, it is time consuming and boring at best.  However, my experience in teaching students is that those who took the time to create and perfect their outlines did much better than those who did not.

4.  Think Long Term – Studying for the Michigan Bar Exam is a marathon, not a sprint.  Know some days will be better than others.  If you plan your studies, make your own outlines, practice old exams and do so with regularity and focus, you will pass the Michigan Bar Exam and lose the last vestige of your student identity.

Good Luck Future Lawyers!

Tim Dinan, September 26th 2009 | Tags: , , , , , , ,
Posted in Bar Applications, Michigan Bar Examination

Take The Bar Exam Once

I have spent over 15 years in practice helping others pass the bar and over one year prior to that helping myself pass the Bar Exam. The question that always amazes me is, “Am I spending too much time studying?”  I was far too insecure to feel I was doing enough.  I felt guilty taking even an evening off.  My mistake: not planning ahead.  I only had a vague idea what I was doing day-to-day.  Even with a commercial service available to me, I needed more structure.  I have found this true among my students as well as among my clients.

Hmmm, too much time studying? Are you eating too many vegetables? Working out too much? It is pretty hard to over-study for the Bar. Rather, ask yourself, “Am I prepared for the challenge of the test, a test that will make a difference in my social, economic and professional status?”  You know you need to work hard; that’s a given.  How do you ensure that you take the test once?  Hard work + Organization = True Preparation.

What other test has been that important to you? I would venture to say that there is no other test that can have so much impact on your life. It needs to be prioritized. Take it once and be done with it. Get your ticket and start lawyering.  You’ll do it by being prepared.

To ensure you take it only once, here are some simple steps:

1. Plan Ahead: Start scheduling your studies as much as three months ahead. This doesn’t mean studying everyday all day. Rather, you want to anticipate everything you can (personal needs, bar prep class, graduation, etc.) and make sure you get the study time into your schedule.  Balance elements in your life such as work, family and recreation when you set your plan.

2. Plan in Detail: Once you have allocated the time to study, know what it is you are going to study. Select individual subjects to study on each day. Write those in your planner. There are plenty of suggested courses of review you can follow. Whatever you choose to do, commit it to paper and follow the plan.  Don’t be a slave to your schedule but let it provide the wise guidance you need.  By the way, plans and schedules can be changed.  Do so as circimstance dictates.

3. Use Your Time Wisely: All time spent on bar prep has value. However, any study technique that engages more than one sense is deemed ‘Active Studying’. Active Studying means taking notes at a lecture, re-writing those notes later, making your own outlines and not just reviewing commercial outlines, practicing essays and not just MBEs.  Active studying has been repeatedly proven to increase retention of the matter studying.  Don’t Mail it in:  in other words, don’t avoid active studying.  This is the work part of the job.

4. Keep Moving Forward: Remember you will have bad days studying. Your scores may go up and down. So what? Every day that you practice is a good day. If you are doing well, you’ll feel good about your work at the end of the day. If you did not do well that day, you have now discovered a weakness; it can corrected BEFORE the test. This type of day will save you on the test later on.  No matter what, keep working through the materials.  You will feel better after the exam.  That feeling is priceless.

As you prepare to take the Bar, plan ahead. By planning, you will not only get ready for the test, but you find yourself feeling better in your day-to-day studies. You’ll see what has been done and what you still have to do. It is the difference between a boat with a rudder and one without one.

Take the Bar Exam once. You’ll never be happier putting it in your past.

Tim Dinan, September 13th 2009 | Tags: , , , ,
Posted in Bar Applications, Michigan Bar Examination