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Scott Pearce

Jun
3

Scott Pearce is an experienced bar examination tutor in Los Angeles.  He provides bar examination tutorial and home study services for bar students throughout the country.  Previously, Pearce lectured and tutored at Bar/Bri, BarPassers, and PMBR.  For more information, visit Pearce’s Web site at http://passthebar.com.

How can you tutor somebody to get better at a standardized, multiple-choice test?

I’ve been teaching bar exam essay writing since 1988, and I’ve written and produced several video series about every part of the bar examination.  I’ve been a tutor this whole time, too.  Over the years I’ve worked for all the big corporate bar exam companies, and my Master Essay Method has been an academic as well as a commercial success.  And yet, for all of this experience, there’s something mysterious about the Multistate Bar Exam as far as I’m concerned.  I can teach somebody to write, and I can explain all the details from most MBE questions, too – but those skills don’t necessarily correlate to student improvement on the MBE.

My instinct is to tell unsuccessful candidates to just do more questions.  I’m the guy who always says people tend to study too much and not practice enough, so it would follow that I would prescribe more practice to anybody who didn’t get enough MBE questions correct.  And yet, over the years I have encountered many students who worked hard and who did thousands of MBE questions in practice, only to be disappointed on the real MBE.  What’s wrong?  Why aren’t they improving?

One honest answer that comes to mind: maybe the candidate has a learning disability that nobody ever diagnosed, that is causing them to not make progress despite diligent work.  Sometimes that’s true.  Yet in my heart I know that very few people make it all the way to the bar exam without already having any disability recognized years ago.  It’s also clear to me that these folks know the law.  Often they can repeat it to me better than I could speak it out loud without notes myself.  All this tells me that the problem is one of technique, not knowledge or intelligence or ability-vs-disability.

What then?

Over the years, MicroMash has been the solution for many of my students who have had more trouble with the MBE than with the essays, even during the years when PMBR was plagiarizing questions from the real MBE.  I think it’s because the computer algorithm does a clever job of diagnosing the student’s shortcomings and giving them more practice on that point.  This is wholly consistent with my idea that it’s wise to try to study and practice the material you’re weak at, not waste endless hours reviewing stuff you already know.

There are a variety of learning styles.  That’s one reason why it is so important for a student to become familiar with the various options available as they get ready to commit to a long and serious study period.  There are a number of competent programs available for each aspect of the bar exam.  The better you study the market before you get rolling, the more likely it is that you’ll be pleased with the result in the end.

Remember, it is my experience that there’s a significant correlation between the amount of practice a student does, both for the MBE and for the written section, and that student’s chance for success on the bar examination.

Good luck, and keep practicing!

Copyright 2010 Scott Pearce and passthebar.com.  Reprinted by permission.

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May
28

To kick off the start of our MBE Question of the Day, we bring you this article from Scott in which he emphasizes the importance of practice in preparing for the MBE…

Scott Pearce is an experienced bar examination tutor in Los Angeles.  He provides bar examination tutorial and home study services for bar students throughout the country.  Previously, Pearce lectured and tutored at Bar/Bri, BarPassers, and PMBR.  For more information, visit Pearce’s Web site at http://passthebar.com.

It’s impossible to know everything they might test you on.  Most of us have the same reaction when we see the pile of bar exam books with outlines and other study materials -  how am I supposed to be ready to be tested on all this in just a couple months?  The good news is that it’s possible to make well-educated guesses about what’s going to be on the bar exam.  Remember that this test is the product of a bureaucracy, and that by its nature it is standardized.

The Multistate Bar Examination is not going to surprise you if you are prepared, and it is the heart of every bar exam in the United States.  The National Conference of Bar Examiners doesn’t hide the ball, either.  They tell you how many questions to expect from each subject, and they tell you roughly what the internal breakdown is with regard to which issues are important for each subject.

You’re not going to become an expert MBE competitor by studying a lot.  The most common mistake is to study too much and not practice enough.  Get into MBE practice action, and keep track of your mistakes.  One key to the success MicroMash has had on the MBE is the fact that the software becomes aware of your strengths and weaknesses and focuses your attention on your weaknesses.  That’s great, but you should keep track of your mistakes by hand, too, both for the MBE and for the essays.  If you’re making mistakes about, say, breach of duty, that’s more of a concern than if you’ve missed some obscure question about a remote detail from future interests.

All of the MBE subjects are tested on the essays, too.  If you’re missing an issue on both the MBE and the essays, it’s probable you don’t understand the law and you should go study it.  If you’re fine on one part of the exam but not the other, it’s more likely your shortcoming has more to do with technique than law knowledge.  One thing you will observe with time is that all of the major issues are tested in the same way, over and over again, on both  the MBE and the essays.  The more you know about the exam, the less likely you’re going to be surprised by anything you see when you’re actually sitting for the test.

Let your practice fuel your study.  It’s true that many candidates study too much and don’t practice enough, but the truth is that there’s plenty you don’t know.  Once you identify a substantive weakness in your law knowledge, by all means look it up and make sure you understand it.

The key is to appreciate that the bar exam is a test of your knowledge of the exam itself, not just your knowledge of the law!

Copyright 2010 Scott Pearce and passthebar.com.  Reprinted by permission.

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May
14

Scott Pearce is an experienced bar examination tutor in Los Angeles.  He provides bar examination tutorial and home study services for bar students throughout the country.  Previously, Pearce lectured and tutored at Bar/Bri, BarPassers, and PMBR.  For more information, visit Pearce’s Web site at http://passthebar.com.

I graduated from law school at USC in May, 1984, and sat for the July California Bar Exam.  I’d always been an idiot savant at standardized tests and I figured the bar exam was no different.  My study partner and I put in the time over that summer and we traveled to San Diego to take the exam.  We wanted to stay out of the way of the’84 Olympics, which were taking place in LA at the same time.  At the end of the third day of the exam, when the proctor called time, the thought that flashed through my mind as I put my pen down was, “If I didn’t pass this bar exam, I’ll never pass it.”

Back in 1984, the California Bar Examiners mailed out bar exam results the day before Thanksgiving.  We all expected to get our results the Friday or Saturday after Turkey Day.  My 26th birthday was a week before Thanksgiving.  I still felt great about the exam, secure in my heart that I had passed.  I thought to myself, “Too bad the results couldn’t arrive on the 19th.  That would be a great birthday present.”

I was working for a boutique entertainment law firm as I awaited bar exam results.  My office had a nicely framed view of the Hollywood Sign.  The cold and rainy day before Thanksgiving, as the Examiners were mailing out the bar results, the boss took me aside.  “Scott,” he said, “We have every confidence in you.  We’re sure you passed the bar exam…but just remember, at this firm, we don’t tolerate failure.”  Somehow this did not reinforce my good feelings about the test.

It was cold and wet on Thanksgiving.  I didn’t feel like eating, however, I did find some solace in a shot glass, which I repeatedly filled and emptied during the evening.  On Friday my phone started ringing early in the day – with bad news.  It seemed everybody was failing the exam, except for my study partner.  I was nervous and hungover, and disgusted with the cold, wet weather.  When I checked the mail I found that the mailbox was wet and empty.  No bar results!  I got even more nervous and unsettled.  I thought to myself, “Oh great, I’m going to kill myself accidentally by alcohol poisoning before I even know if I passed or not.”

Saturday arrived, and I wasn’t looking or feeling very good.  Many of my other classmates got word that they had failed.  I was standing at attention when the mail carrier showed up, and I came outside to let him hand me the large pile of mail that had arrived.  I went through it as he drove off.  No bar exam results!  I thought to myself, “I’m going to have to go to work on Monday, call the State Bar when their office opens, and learn if I’m a new lawyer or newly unemployed!”

I don’t remember the rest of that Saturday or most of the following Sunday, but I caught a glimpse of my reflection in a mirror on Sunday evening and I looked like a cross between Keith Richards and Yasser Arafat. Monday was trash day, so I went out to the garage late Sunday night to take out the cans and make sure everything was in order.  As I wheeled the trash to the curb, I noticed a neat pile of mail just inside the garage, on top of a little table adjacent to the door.  Apparently the rainy weather had flooded the mailbox and the mail carrier had left the Friday mail on the table instead!

The envelope from the State Bar was there.  I opened it and saw the computer-generated form letter.  “The Committee of Bar Examiners is pleased…”

I don’t think I’ve ever been more relieved in my life.  I phoned a couple of friends and went to bed.  The next morning I woke up with a nasty cold – and a date to the swearing-in ceremony!

Copyright 2010 Scott Pearce and passthebar.com.  Reprinted by permission.

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