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

Don’t Be Afraid to Ask For Help!

If you have failed the bar, don’t despair. OK, you can despair a little. But you need to do a couple of things:

1. Order Your Results: No matter how bad you did, get the results and get some feedback.

2. See if You Have Some Other Options: Maybe you can appeal. Maybe you’re held up by Character & Fitness. Look at your letter close and see what the Bar’s hang-up is.

3. Plan to Take The Bar Again: You have far too much invested in school and in your future. If need be, take the Exam again. If you do, make sure what ever you are doing is going to work.

Easy? . . . . No . . . Necessary? . . . . Yes. Call our office for a read through of your test, your preparation for the test or other issues on your mind.

Tim Dinan, November 1st 2009 | Tags: , , , , ,
Posted in Michigan Bar Appeals, 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

How Michigan Bar Examinations Are Graded

The Michigan Board of Law Examiners promulgated, administers and grades the Michigan Bar Examination. It is offered twice a year. Each time it is administered, a company of legal professionals is enlisted to get you your grade.

The Multistate Bar Examination

The Multistate Bar questions are graded by the National Board of Law Examiners. That part of your exam is automatically graded and available to the Board soon after the Bar Exam is administered.

The Michigan Essay Examination

The Michigan Board of Law Examiners is made up of 5 members.  Each member is responsible for 3 of the 15 essay questions.  To assist in the grading, the Board member hires three graders to assist in the grading. Each grader is responsible to grade one question.  The Bar Examination blue books go between each grader where the initial grades are assigned.

After the initial grades are assigned, these scores are paired with the MBE scores to determine who passed and who did not. If the score falls between 130-134, those papers are re-graded by different graders to see if any more points will be awarded. After the regrading process is complete, the Board of Law Examiners ‘curves’ the test according to an unpublished formula.  In the February 2009 Bar Examination, this added, on average, 5.66 points.  Once the adjusted scores are recorded, the official letters are sent out to the bar candidates.

How The Answers Are Graded

As to grading individual answers, the graders are looking for answers that are 1) responsive to the question asked, 2) citing the correct law, 3) analytical as to key facts and 4) come to the right conclusion.  As the grader reads over 1000 versions of the answer, they usually spend no more than 60-90 seconds to grade the answer.  They’re looking for terms of art applicable to the question, organization comporting with the Call of the question and readability.  The graders do not use the Model Answer as a grading rubric, but a ‘checklist’ or ‘tally sheet’ published in-house to speed the process.  In as much as the grader reads the same question over and over, they are quite familiar with what should be present in the answer.

No one claims to get it right each time.  Subjectivity, fatigue and misreading an answer are all possibilities why an answer may not get the credit it deserves or gets greater credit than would be warranted.  The graders are trying to find the credit you deserve but more importantly they are upholding the integrity of the test.

Tim Dinan, October 8th 2009 | Tags: , , , ,
Posted in 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

How Much is Enough Bar Prep?

For some, Bar prep is a monantic pursuit: isolated from others; living on MBE questions and Red Bull.  12 hours a day is just not enough time for them.  They will do more reviewing and reading than they even thought they could do.  Others claim two weeks was enough for them.  Intense, focused preparation, take the test and go back work.  No biggie, just a long quiz.  There is even a sizable minority that procrastinates to the end and then turns to prayer hoping for divine intervention when trying to remember the elements of a unilateral contract.  I am sure you fall somewhere in between these different extremes.  Probably you’re a little worried, not sure where to start and dreading the continuing drudgery or reviewing the law again and again until your dreams are a series of tort fact patterns featuring Wile E. Coyote and the Road Runner (I’d sue Acme for every crazy anvil/rocket/bear trap I ever bought if I were Wile).

To me, it is situational.  You have to find your way to bring together 3 or more years of law school together for a 2 day test.  Even those who feel they could get away with only studying for two weeks, they wouldn’t do it; they’re too risk adverse.  On the other end of the spectrum, some candidates feel as if they’re cheated out of life’s sweetness by spending ANY more time than they have to on studying.  I am from the risk adverse school for Bar prep; I planned great things only to not always complete them.  But I tried hard to meet my study goals and always felt bad when I did not meet them.  I passed (not by much) so obviously it was enough.  Your situation is unique as you are unique.  You need to plan ahead to meet your preparation needs:

If you have to work during Bar preparation:  12 weeks, six days per week, 4 – 5 hours per day.  This early start should give you time to review the law, make your outlines, practice questions and make your own study guides.  Just make sure the 4 hours is quality time where you are not interrupted and you stick with the program.  Slow and steady wins the day.  This is an easier pace than more intensive studies.

If you’re not working during Bar preparation: 8 weeks, six days per week, 8 -10 hours per day.  This gives you a little more wiggle room for missedor partial days.  Same program as above.  You want to set weekly goals to make sure you’re getting in all of your study time.  Every week you meet your goal, do something nice for yourself.  Think triathlete style of study.  The advantage here is you can focus more practice on individual subjects as well as spend more time preparing outlines in a single day.

Quality v. Quantity:  I always vote for quality.  Better to do quality studying versus the false satisfaction of sitting through 8 ours of lectures and claiming to have studied all days.  It’s better that you spend two hours writing your own summaries of the substantive law than sit through lectures where you’ll ‘hear & forget’ what’s being presented.

Bottom Line:  Know thyself.  Set modest goals and go beyond them.  Own the law you’ll be tested on.  Study enough for this test and you’ll know you’ll be prepared for the real test – practicing law and making a buck at it. 

Next Time: Waht Qualifies as Quality Studying?

Tim Dinan, September 7th 2009 | Tags: , , ,
Posted in Michigan Bar Examination