The Exam

"If at first you don't succeed you're about average" – Unknown

It's over. Done. Finished. Good-bye.

Yesterday I completed the Tennessee Bar Exam. Today I am recovering. My stomach has still not settled. My sleep patterns have not yet returned to normal. However, unlike a great many Bar Exam survivors across the country, I am not hung-over.

I still have specific intent crimes versus malice crimes versus general intent crimes on the brain. I still remember that burglary is the 1) unauthorized 2) breaking and entering 3) into the dwelling house of another 4) in the nighttime 5) with the intent to commit a crime therein. I know that refrigerators and dishwashers are considered fixtures for the purposes of the MBE. I don't know if this knowledge will ever go away. On one hand, I like knowing these facts and definitions. It gives me a sense of accomplishment. On the other hand, these facts and definitions are a reminder of one of the least pleasant experiences of my life.

I have come to the conclusion that the Bar Exam, and its preparation, is the equivalent of puberty for lawyers. It is a maturation process through which every lawyer goes and which very few enjoy. Lawyers look back on studying for the Bar Exam and laugh in the same way that adults look back at puberty and laugh, but no one, and I mean no one (in either instance) ever wants to return to that time.

I went back and read my earlier column and, in retrospect, chuckled at my naiveté surrounding my anticipations and expectations. My well-laid for scheduling my studying slowly went to mush as time progressed.

Studying for the Bar Exam consumed my being. It became my sole mission in life. I felt as if I were Captain Ahab and the correct answers were my white whale. I started out with the best of intentions to maintain my schedule. I even planned on writing another column for this series before the exam. Needless to say it did not happen. In retrospect I ask myself "what was I thinking?"!

My mornings were dedicated to BAR/BRI lectures. Various professors filled my mind and workbook with information dedicated to refreshing me with and, in some instances, actually learning, substantive law. Then I went home to eat lunch and study. For the fist two weeks I tried to study at home – big mistake. I quickly realized that my apartment is too comfortable. The distractions were plenty. The environment was not intense. Lounging on an easy chair sipping iced tea was not an effective method of study for me so I quickly changed my place of study.

As an alumnus of Vanderbilt University I am able to use the university libraries. This, I believe, was my saving grace. I went back to my old undergraduate "studying stomping grounds" and studied. The distractions were minimal. The studying intensified. The concepts started to gel and my level of anxiety fell.

During my six weeks of BAR/BRI classes my days were fairly routine. I went to my 9:00 AM class and listened to lectures until around noon. Then I went to Vanderbilt, ate lunch, and studied at the library until about 6:00 PM. I went home, ate dinner, tried to catch the news, then prepped for the next day's lecture where another professor would expound his or her knowledge of law.

Each professor taught with varying degrees of success. Like everyone involved in my class, I have preferences and learn better from certain styles of teaching than others. Suffice to say that I felt some professors were more effective than others in teaching what I needed to know. I do have a few words of advice, from a student's perspective, to professors giving Bar Review lectures:

What impressed me most with the professors who lectured at my classes was their willingness to make themselves accessible. Each lecturer listed his or her phone number, email, (one even gave his address to which we could send sample written essays!) and encouraged us to contact them should we have a legal question or otherwise. I don't know how many students actually contacted a lecturer. I didn't, but I was comforted with the knowledge that the lecturers were available.

Back to the studying.

The studying intensified as the Bar Exam drew closer. I have a large calendar and on it I had a numbered countdown to the Bar Exam. When I had 54 days until the exam I didn't have a care in the world. When I had 5 days until the exam I didn't care about anything in the world except the Bar Exam. It's amazing what a little stress can do.

There is one thing I recommend to students preparing for the Bar Exam and that is to take a PMBR class. PMBR is a supplement to BAR/BRI that deals only with the Multistate portion of the exam. I took a three-day seminar. I frightened myself into taking the class because I know someone who did not pass the Tennessee Bar Exam because of a non-passing Multistate score. Allow me to explain...

Tennessee's Bar Exam is a "sliding scale" exam where a passing score results from one of three combinations. To pass one must receive a minimum scaled MBE score of 135 and pass 7 of 12 written essays, or receive a minimum scaled MBE score of 130 and pass 8 of 12 essays, or receive a minimum scaled MBE score of 125 and pass 9 of 12 essays. In short, the better you do on the MBE, the more latitude you have with the essays. Even though I went to law school to avoid math, I understood that the better MBE score I receive, the greater my odds for passing the Bar Exam. I decided to take the PMBR course and, for me, it was worth it.

The PMBR course was effective in helping me study on two levels. On one level I was able to learn the six subjects of the MBE (Property, Torts, Contracts, Criminal Law and Procedure, Evidence, and Constitutional Law), which carried over to my studying for the essay part of my exam. This was very helpful. On another level, the PMBR taught me how to take the MBE. I learned tricks and tips and how to answer certain types of fact pattern questions. This, for me, was the real value of the class. I know I did better on the MBE as a result of my PMBR course. The standard BAR/BRI course does prepare you for the MBE. Many people pass the bar without taking the PMBR, but for me the class was worthwhile. It wasn't cheap. My seminar was $310 for a three-day session. But, the old "penny-wise, pound-foolish" mentality again got the better of me.

The PMBR class immediately followed my BAR/BRI Review classes. The day after my last BAR/BRI lecture I returned to the Nashville School of Law for three more days of my PMBR lecture. Once completed, I had exactly twelve days until the Bar Exam. I studied like a maniac. In a twelve-day span I did about 1500 MBE questions, outlined about 24 essays and wrote out in long-hand another 24 essays. My days were long and tiresome. I started studying at about 9:00 AM and studied until 10:00 PM or midnight. Sleep became an afterthought. I wanted to hurry-up and finish my studying on the Saturday before the exam so that I would have three days to "fine tune" my knowledge. That didn't happen. Then on the Sunday before the Bar Exam, something happened. I can't fully explain how or why it occurred, but a sense of serenity descended upon me that day. I realized that there wasn't much more that I could study and retain in the time I had left. I either knew my stuff or didn't. There was not time for me to learn new law. I had been continuously studying (to varying degrees) for almost six weeks. My attitude became somewhat fatalistic as I realized that this was my making, and either I knew my stuff or I didn't. I finished my studying on Monday. I used Tuesday to fine-tune. On Wednesday morning I met my fate.

I left my apartment at 7:30 AM. Registration was to begin around 8:30 AM. I live fifteen minutes from the testing center, which gave me a 45-minute cushion to arrive on time. My foresight proved wise – there was traffic. As the speed of my car decreased from cruising to slow to a crawl to a dead stop I grew tense and anxious. I could not be late! The traffic was not gridlocked, but traffic was the last thing I needed on a day with such importance! I said a quick prayer and like Moses with the Red Sea, my sea of traffic vanished and my journey continued. I was overcome with relief. For those moments where traffic drew to a crawl, my blood pressure rose about 50 points! I was not keen on the idea of becoming another Bar Exam horror story.

The Bar Exam horror story is the urban legend of the legal world. In my BAR/BRI lectures I have heard a number of tales. All are allegedly true and I take no credit for authenticity or accuracy. Here's my favorite:

• An unknowing student took the advice of one of her BAR/BRI lecturers who encouraged students to take a short break about mid-way through each session. Unfortunately for the student, her idea of a short break and the lecturer's idea of a short break were vastly different. What the lecturer meant by a "short break" was to take a moment and collect yourself during the exam. Something to the tune of close your eyes and count to ten or take five deep breaths. What the student throught it meant was get up and walk around, splash some water on your face, get a drink, and go to the bathroom. Unfortunately for the student she was taking the Bar Exam in California. Every year about 5000 people sit for the California Bar. Apparently the test taking sites are often large venues like civic centers or arenas. Well, this poor student got up and took her break according to her understanding of the lecturer's advice. She went to the restroom, drank some water, splashed some water on her face, and stretched. Once completed she proceeded back to her seat. To her horror she could not find her seat! She looked feverishly for about 30 seconds until, finally, terrified and fazed by the time she was wasting, screamed out to the other test takers if anyone could raise his or her hand and let her know if her seat was next to them. To the student's amazement and alarm no one moved. Finally, about five minutes later, with the help of a proctor, the student found her seat.

Back to the exam.

I made it to the testing center without any further ado. The elevator ride to the room was rather somber. I ascended to the Vanderbilt University Stadium Club in a metal box with about ten other students. I did not know any of their names. I did not want to know any of their names. Each was my competition. Each student was someone against whom I was to be judged. I cannot speak to what every other student was thinking, but to me, in the silence of our ascent, each of us had the same understanding – the odds were against all of us passing the exam.

Percentages play a huge role in passing the Bar Exam. For instance, I know that the pass rate for the exam in Tennessee last summer was 77%. That meant that two of us in the elevator were, statistically, poised to fail the exam. The big question was which of us ten were those two?

Another statistic used in the Bar Exam is that the average MBE score is 140. This means that in Tennessee, if I am average I will pass the MBE enough to need only seven essays correct. The big "joke" with the BAR/BRI lecturers was that in Tennessee you can be below average and still only have to pass seven written exams. A professor in a BAR/BRI lecture explained this concept with the following story:

Two friends went camping and were sleeping in a tent when one heard a rustling sound. He woke up and recognized the odor and growls as those of a bear. He woke up 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're not planning on outrunning that bear, are you?!? He'll chase you down!" The other friend continued to be silent and put on his other shoe. The friend again asked, "You do understand that you cannot outrun a bear, don't you?!?" At this point the other friend finished tying his running shoes sat up and with a gleam in his eye said to his interrogating friend, "I know that I cannot outrun a bear. All I have to do is outrun you!" and took off.

The professor explained that we didn't need to worry about the bear. We needed to worry about outrunning our competition. Studying for the exam was our training, and some of us were in better condition than others. Hopefully my level of fitness was enough to outrun my competition.

The testing center sat 233 people. There were about nine rows of tables arranged lengthwise. Everyone was assigned a seat. For six hours I was the proud owner of seat number 20. The pre-exam din that filled the center was a mix of fear, nervous laughter, arrogance and apathy. I did my best to not discuss any law-related issues with a few friends I had made over the course of the BAR/BRI lectures and with two classmates from law school also taking the Tennessee Bar Exam in Nashville.

A last minute question would have been useless because the chances of remembering the answer were futile and the potential of needlessly exciting one of my friends by asking them a question to which they could have been uncertain was equally useless. There was no need to add to anyone's stress. We all tried to talk about something, anything, to take our minds off of that about which we were really thinking. As the nine o'clock hour approached we all took our seats and then spontaneous silence swept over the center. The proctor read directions and instructed us on how to "bubble-in" our answer sheets. Once completed there was a short pause while he adjusted his watch, then the exam began.

I said a quick prayer and took off like a shot. I was reading questions and answering like a madman. When I reached question seventeen in twenty minutes I realized that I could slow down my pace a bit, thus reducing my chances of a wrong answer because of a careless reading error. To keep a pace I aimed to be on question 34 within an hour. By extrapolating from that pace I knew that within three hours I would have completed the first 100 questions. Likewise, I knew that I wanted to be on question 17 after 30 minutes of testing. Once I realized that my pace was fine I was able to relax a little and focus on the questions.

The first 100 questions were a blur. I cannot honestly recall one of the questions. While taking the exam my focus was on the question at hand, because at that moment it was the most important question on the exam. The questions kept coming and before I realized it I had finished the first 100. I checked my answer sheet and reviewed a few questions I had circled in my question book while I waited for time to expire. Once time was called we fled the building like rats from a sinking ship.

I ate a quick lunch and returned for the second 100 questions of the MBE. These were also a blur. I only remember one of the questions because I didn't think that any of the given answers were correct. After I finished answering the questions I spent about five minutes pondering this one question. I finally settled on the answer I thought was the most correct, but I don't really know if it was correct. It my overloaded, stress-ridden mind, I figured that this one question will not make or break the MBE and hopefully my other 199 answers would compensate for this one. At that point my patience was so low it didn't make much difference to me so long as I made a choice.

At the finish of Day One I realized that I was halfway towards being a lawyer (provided, of course, that I passed the Bar). From the sounds of my fellow examinees' voices on the way out of the testing center they too came to this realization. The amount of nervous energy was abundant. Sadly, we all knew that at this point some of us had not passed the MBE and were already eliminated from obtaining our license. I just prayed that I was not in that group.

I went home and ate dinner, tried to watch some television, and reviewed a few sample essay answers before convincing myself to go to sleep. I had made a request to all my family members to not call me on the day between the MBE and Essay exams. Thankfully that request was honored. Although my family's calls would have been made with the best of intentions, I don't think I could have dealt with answering questions about the exam and how I thought I did during the interlude between the two exams.

Sleeping was problematic. It was not meant to be. I awoke six times during the night thinking that my alarm had failed to go off. I tossed and turned all night. I eventually awoke without the assistance of my alarm clock and prepared myself for Day Two of the Bar Exam.

There was no traffic and I quickly made it to the testing center. For Day Two I was the proud owner of seat number 108. We were handed blue books and scratch paper, then instructed to number each page of our books with our examinee identification number, question number, and page number. We then received our essay questions for the first session and the Essay examination began.

My packet contained six questions for which I had three hours to complete. I read the first question, wrote which issues I spotted in the margin of the question, then reread the question, circled the ultimate question or questions asked and went to answering the question. I repeated this for each question. I tried to allot 25 minutes per question, figuring it would take me a little more than 25 minutes to complete each question. Again, I was concerned with pacing myself and running out of time.

When I read the questions I was surprised because I actually understood them! Most of the questions were direct and understandable. My hopes were buoyed by the possibility of actually passing the exam!

The first three-hour segment ended quickly and we broke for lunch. Like the previous day I brought my lunch. Bringing my lunch was smart for four reasons: 1) I could eat it quickly and did not have to wait for someone to serve me, 2) I knew exactly what was in the lunch and wouldn't get sick, 3) I knew that I'd like it, 4) I didn't have to spend any money! I was able to relax in my car, eat a light meal and listen to Jimmy Buffet philosophize on the finer things in life. Thoughts of margaritas, boats, burgers and beaches abruptly ended when I realized that it was time to return for the last segment of the Bar Exam. As I walked toward the testing center, echoing in my head was the famous "And down the stretch they come" call from the Kentucky Derby. The end was near. And then a mere three hours later it was.

Two months of studying and stress was over. I could return to the world! I could see the relief on many of my fellow examinees faces as we left the testing center. Most of us were all smiles. There were a few faces of gloom. The marathon was over and for the time being we were all standing. Many were making plans on where to drown their sorrows and celebrate. A few students had finished the exam early and had a head start. When I asked one of my friends his plans for the evening he told me, "I plan to reacquaint myself with my wife." We were all going home. The ordeal was over.

The results of the exam will not be posted until Friday October 13^th, 2000. We have to wait three months to learn whether we passed. I have resolved to forget about the exam and focus on those things over which I have control. I plan to throw myself into my job and do as much as I can to keep busy. I also realize that whatever I do, in the back of my mind October 13^th will loom. My birthday is on October 26^th. This year I will either receive an early birthday gift or have one of the worst birthdays of my life. In the interim I hope to walk the lawyer walk and talk the lawyer talk as best I can. I have already had some practice.

Glenn E. Plosa
July 26, 2000
University of Pittsburgh School of Law, Class of 2000

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Discussion

JURIST and Glenn welcome your reactions to Glenn's column, and your own views and recollections of the post-law school transition...

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