Five days later, I'm finally ready to publicly discuss my second journey through hell and how I've emerged on the other side just a little more confident than I was last July.
Although I couldn't bring myself to tell any of the kind folks in my BarBri class that this wasn't my first attempt at the agony that is the California bar exam, I'm finally able to use the f-word (failed) in a sentence without my eyes welling up with tears. This new-found ability to admit my shortcomings has less to do with acquiring a sense of humility and more to do with feeling like I worked my ass off for this bar exam and being able to understand where I went wrong the first time. It's a lot easier to admit that you failed when you're also in the position to assure people that you did better the second time around. The question that remains, however, is whether I did well enough to pass.
Most of my loyal readers (i.e. my friends and family) know the road I took to get to this place and don't need to re-read the journey. But because I know this post will be read by many a California bar-taker who googles the subject, I feel obliged to give a little background. In 2005 I graduated from a Top 25 law school. That July I took (and passed) the Missouri bar exam. The following February I took (and passed) the Illinois bar exam. I, of course, took BarBri before Missouri but truthfully spent only about five days studying for Illinois, with no outside help at all. Given my success on so little preparation, I didn't fret too much over the fact that I had exactly 18 days to study for the July 2007 California bar or that there was no possible way I could do a bar review course. My summer of '07 was spent getting married in another country, interviewing for jobs, planning and executing a cross-country move. So it wasn't until we landed in San Diego on July 6th that I even started to study. Given that those 18 days were equally devoted to unpacking, calling home to talk to the family and friends I was missing, starting this blog and generally getting settled in, I would estimate that I studied about 10% as much as most examinees. Nevertheless, I marched into the July '07 bar cocky and confident and believing I was wonder-woman. But as I came to learn in November of last year, um, I wasn't.
When you fail the California bar, they send you your answers and your scores (those who pass simply get instructions on being sworn in). A cursory review of my July performance told me that I needed only 22 more points (out of 1000) on the essay, and 5 more points (out of 200) on the multi-state multiple-choice exam to have passed. Those numbers sickened me.
After crying until my body was dehydrated, puking until there was no more vodka in my bloodstream, breaking the news to my firm and subsequently gaining ten pounds just to make sure I felt as miserable as possible, it was time to gear up for round two. On January 2, 2008 I started BarBri. My firm was kind enough to give me a low billable requirement for January and paid leave for the entire month of February, and so for the past two months I have done nothing but eat, sleep and breath California bar exam. In that time I did well over 1000 MBE questions. I outlined and/or practiced nearly every sample essay I could get my hands on. I made notecards of the questions I missed. I reviewed outlines. I spent 14 hours at a time in the UCSD med school library. And on the last night before the exam, I pulled out the questions from the July bar and gave them another try. I just needed to test myself to see if I'd improved. And with two months of studying under my belt, it was painfully obvious to me why I'd failed the first time around. My answers were wretched and that little thing they call the "California method" (underlined subject headings throughout your essay and IRAC-ing everything to death) was nowhere to be found. If nothing else, I was smarter and more prepared than I had been in July, and that was going to have to carry me through.
I marched into the exam last Tuesday feeling confident yet petrified. Strangely enough, I was seated in almost exactly the same spot as I was in July (one row forward, and one seat over) so the whole thing was eerily familiar. This time around, however, I was ready. A hell of a lot more ready than I'd been in July, at least. And for no good reason, as I looked around the room, I felt that I was more prepared than a lot of people there. Perhaps it was just the despair that comes with having failed it before (possibly more than once), but there was a vacancy behind a lot of eyes. Many of those seated near me walked in on Tuesday with a pervasive sense of defeat, and it showed in the way they carried themselves and in the way they interacted with the people around them. I instantly recognized that the vast majority of the hundreds of examinees in my test site had not been in my BarBri class and deduced that unless the lesser known prep programs were just heavily attended this year, many of these people hadn't done any commercial preparation at all.
The first three essays were straightforward and made sense to me. We had torts (landowner's liability and negligence), professional responsibility (confidentiality and conflicts of interest), and then crim/crim procedure (5th and 6th amendment rights and murder). I took entirely too long on the first essay, which ran me short of time on the crim problem (I had to stop mid-sentence), but following the BarBri/California method I at least got everything on the page. I could have used five more minutes to really nail down the facts in the last answer and give it a more in-depth analysis, but at the very least the salient points of law were in there and a cursory analysis was worked in. The performance test that afternoon was, however, abysmal. I felt the question and file were poorly written and difficult to follow. One of the cases seemed to have little applicability and it was hard for me to get in my groove. I'm concerned about my score on that PT. And, as each performance test makes up 13% of your total score, it's a big thing to worry about.
Day two is the MBE. Two-hundred multiple choice questions on six substantive areas of law. A perfect score is unattainable. To pass you need to generally get about 130 out of the 200, or roughly 60% correct. On the last two complete practice exams I took, I was averaging about 145 out of 200. The exam is scaled to make up for discrepancies that occur from exam to exam that might make one administration tougher than another, so if I was able to pull out a performance even marginally close to where I was on the practice exams, I should be okay. I really had no feelings one way or another at the end of the MBE. I felt confident about a lot of my answers and had time left over to go back and re-read the ones that seemed like really close calls to me. I admit that by the time I got to #190 I was mentally exhausted and all the answers seemed right, but I pushed through and made the best of it. I do not feel that the MBE will be my downfall. In fact, in some ways I wish it was weighted more heavily than just 35% of the total score. But hell, what do I know, anyway?
Going into day three, I had all the determination and clarity I could muster. I made the mistake of looking at the pass rates on Wednesday night, so in the back of my mind I was scared shitless. But I set all that aside, put on my game face and vowed to give it everything I had in me. When I opened up the essay packet and saw that we'd been given a wills/trust crossover, community property and corporations, I was elated. I'm a divorce attorney so community property is what I do. Wills and trusts are a logical connection to community property and were something I had a feeling would be tested so I was well-versed on the law. Corporations was just one of the subjects I remembered easily. These essays must have been a gift from the gods.
Or not.
I coasted through the wills/trusts question, spending too much time (again) but really doing a deep and thorough analysis with solid, accurate points of law. I inadvertently omitted the pretermitted child argument (you exam takers know what I'm talking about) but felt very "on" with everything else. I strutted into the community property essay with all the confidence of a seasoned family law attorney, certain this was going to be my cash cow. Instead, I quickly realized the question dealt with a bigamous relationship (something I've never seen in practice); a putative spouse (again, never come across my desk); quasi-marital property, quasi-community property, and separate property issues; and a third-party tort recovery from one spouse, during the marriage. Wha??? Where I should have been confident and smooth, I was flustered and unsure. I made up some law (which turned out to be RIGHT!) but because I didn't know how off my Rachel-created legal doctrines really were, I didn't apply them with nearly the clarity and force that I should have.
With no time to spend second-guessing myself, I hastily moved on to the last essay with about 45 minutes until time was called. What appeared on its face to be a corporations question seemed to also have notes of agency, partnership, contracts and professional responsibility (which was already tested on Tuesday). The California bar is notorious for including one question that leaves everybody guessing what they were testing. For the February 2008 bar, it was essay #6. I crammed as much analysis in as I could, rejecting any partnership doctrines and arguing strictly corporations, agency, contract remedies (sort of), and professional responsibility. When I closed that exam and walked out to my car, I called my husband and said simply, "I'm fucked."
However, God was shining down on me in the last performance test. Because each PT carries the weight of two essays, I was beyond determined to kill this one dead in its tracks. Somehow the stars aligned and I instantly saw the outline, the analysis and a killer answer in my head. I rejected BarBri's suggested 90 minutes for reading and outlining and then 90 minutes for writing in favor of a 60/120 approach. In my gut I believe that those who left themselves less than two hours to write were probably left with an incomplete answer, a shallow analysis, or at the very least a really sore hand. This was an endurance test, to say the least. And it made me very thankful that, unlike the July '07 administration, I did not suffer a computer meltdown that forced me to handwrite the entire PT.
I left there on Thursday evening feeling nothing but numbness. I didn't feel like I passed, but I didn't feel like I failed. When I walked out of the July exam, I knew that I'd failed but I wasn't well-enough prepared to know why. This time, I couldn't gauge how I did, but had perfect hindsight to know what issues I missed and what small things I could have done to make my answers better.
At least once a day (if not more) since the conclusion of the test, I break out into a cold sweat and have a full-blow panic attack about the exam. For me, it seems the whole world is riding on the outcome of this test. If I failed again, I will lose the amazing job I have at an amazing law firm. Without my employment, we cannot afford to live in San Diego. If we cannot afford to live here, I will have to move back to MO or IL (where I'm licensed) and Jack will have to stay here to finish out his time at UCSD. Our marriage will suffer, our finances will be shot, and my career will take a serious blow. There is nothing more I could have done to study or prepare for this test, so taking it a third time isn't an option. Thus, in my mind, the world as I know it is resting on the words that pop up onto my screen at 6:00pm PST on May 16, 2008.
Reading what other bloggers have to say about the exam sometimes reassures me, and other times sends me into a dangerous tailspin. I take comfort in knowing I'm not the only one who wasn't sure what PT-A was talking about or what bodies of law should have been applied to essay #6. I feel good when I see that some people didn't catch the putative spouse/quasi-marital property issue, but then I freak out when I see that a lot of people did a Marvin analysis or included things I never even considered. On more than one occasion I have pulled out my exam from July to assess how it was scored, and then attempted to gauge how many points I feel I earned on this round. I keep telling myself that two months of preparation has to have garnered me the extra 22 points I needed in July, but that 33% pass rate for the February administration cautions me not to have any abundance of hope. I can pick out two (if not more) people seated around me that I know I have beat (like the dude who stopped writing and began braiding his own hair, or the girl who sat where I did in July who wasn't even sure what topics of law were being tested), but in the end all my suppositions mean diddly squat.
If I do end up pulling it out this time and earning a coveted spot amongst those who call themselves California attorneys, I'm going to have another blog full of the tips and tricks that I employed and believe in. In addition to true blue studying balls to the wall, I put all my loony superstitions to work last week, wore my lucky bra and listened to the same motivational playlist on my iPod before each session began. But more than anything else, I prayed. I'm not a deeply religious woman, but the weight and pressure of this exam brought out a need in me to lay my troubles at the feet of a power greater than I. I prayed more in the three weeks leading up to the exam than I did in the past three years combined. And whether my pleas for clarity and strength were heard is yet to be seen, but if nothing else my frequent prayers gave me an outlet for the anxious energy with which I was surrounded.
When I went in to see my wellness guru the night before the exam (yes, it's a very SoCal thing to do, and no, I don't care whether you think it's stupid), he told me I had a very positive energy. And while I'm not much of a believer in that hokie-pokie most of the time, I took it as a good sign. It was just the affirmation I needed to stride into the exam with confidence and pep in my step.
So do I think I passed? Yes? Possibly? Maybe? I don't know? I'm a strong believer in the fact that people who think they failed might just pass, and those who think they nailed it are doomed to fail. Rereading my recap from the July exam, I can't say that I feel that hopeless and discouraged, but I'm far from believing I killed it. People keep telling me that they're sure I did it this time because I was prepared, because I needed only a small margin of points to pass, and because I've done it twice before. And while I appreciate your sentiments and confidence in me, I have to admit that you're not persuading me one bit. At this point in time, I'm finding little consolation. Instead I'm obsessing and acting like a neurotic, traumatized nutso. If this insanity keeps up for the next 73 days I'm going to have to be committed. I just don't know how I did and unfortunately I haven't found a single person (who actually seems to have any authority on the subject) who can offer me any solace.
What I do know is that I'm a smart chick and a good lawyer. And if the California board of law examiners can't see that, then I suppose it's only their loss.
At least, that's what I'm going to keep telling myself for the next ten weeks while I await my destiny. Chin up, Rachel. Nothing you can do now but wait.