Adam Ferber is the former Examinations Director for the State Bar of California and grader of 40 California Bar and First-Year Law Students’ Examinations. He provides intensive, individualized tutoring and coaching to applicants for both exams at www.ferberbarreview.com
“Truly successful decision making relies on a balance between deliberate and instinctive thinking.” Malcolm Gladwell: Blink: The Power of Thinking Without Thinking
Say you’re an experienced California Bar Examination grader, as I was. You’ve graded essay answers for ten examinations – at least 7,000 books. You’re grading Essay #5 on the February 2009 examination. You’re calibrated to the 11 or so other graders on your team – meaning that you consistently stick to the grading standards the team reached following a day and half of deliberations. You read every word of every answer, often twice, before you assign it a grade. You take your job seriously.
Do you honestly think you can ignore your first impression of each answer, or even of pieces of the answer, when you’re grading?
I graded bar examination answers – essays and performance tests – for ten years before I went on to membership on the Committee of Bar Examiners and then to becoming the State Bar Examinations Director. To each answer I graded, I almost always had an immediate and instinctive first impression, a “Blink Moment.” Malcolm Gladwell describes this phenomenon as “…[R]apid cognition … the kind of thinking that happens in the blink of an eye. When you meet someone for the first time, or walk into a house you are thinking about buying, or read the first two sentences of a book, your mind jumps to a series of conclusions.”
I didn’t assign a grade based on that impression – I always read every word before I decided. But I couldn’t ignore my instinct either – it was my introduction to that answer – a handshake with that applicant..
If what I’ve described makes sense to you, how are you going to write an answer that makes your grader’s instinctive reaction a good one?
Further installments on this topic will give you some tips – some easy, some more difficult on exploiting your grader’s “Blink Moment.”
Copyright 2010 Adam Ferber and www.ferberbarreview.com. Reprinted by permission.
