Author: Sara Berman

Sara J. Berman, a graduate of the UCLA School of Law, is a Professor of Lawyering Skills and Director of the Academic Success Program at the USC Gould School of Law. She formerly served as a Director at the Washington DC-based AccessLex Center for Legal Education Excellence.

Teaching with Performance Tests during law school.

Just published, “Getting Extra Practical Training out of Performance Tests with Spin-Off Exercises,” from The Learning Curve, September 2015 at 13, (A publication of the AALS Section on Academic Support). Looking forward to the publication in 2016 of my ABA book on teaching and learning with Performance Tests during law school, and, most important, looking forward to engaging in a wider discussion about teaching with performance tests during law school.

Do you have a five-year plan? A one-year plan?

In Chapter 2 of PASS The Bar Exam: A Practical Guide to Achieving Academic & Professional Goals, I wrote about developing your Plan for Success.  That plan for success, I said, starts with looking at the timeline of what must happen between where you are now and your goal in order to achieve what you desire.

I wrote about how to get the most out of every step on your way to achieving your goal –sorting out what is critical and what may be distracting.  The choices you make along the way can make achieving your goal much easier or much more difficult.

Then, after looking at that big-picture timeline, I recommend drilling down and looking at two months prior to achieving your goal, and taking a week-by-week snapshot. Often times where people get derailed or give up is just prior to achieving success.  Those last few weeks are critical.

 

A mentor of mine once suggested that at all times, one should have a one-year plan (with one or more goals), and a five-year plan.  I have taken this advice to heart myself and talked with many of my students about the same.

As a college student, law student or graduate student, it’s fairly easy to develop these plans around your curriculum while you are in school.  At the beginning of school, when you start in your first year, your longer term plan may be to graduate from the program of study doing your very best. But, do you stop and look at each year, one year at a time?

If not, I urge you to give it a try.  What do you want to accomplish each year of school?  (If you are having difficulties setting these goals, picture yourself one year from now talking with someone who asks you how last year when and what you accomplished.  What will make you happy to look back on and describe for that person?)  Do you want to be able to say:

  • You got good grades,
  • You were accepted for a certain internship,
  • You volunteered for a cause you believe in,
  • You networked (made lifelong friends with classmates, got to know professors, met professionals in the field you intend to pursue).

Then, consider a five-year plan.  Where would you like to be working?  What work environment would you like to be in?  What would you like your personal life to be like?  Do you have health or fitness goals?  Do you have community service goals?

A well-known driving safety tip is to keep your eye both on the immediate road ahead and at the same time on what is in the distance and surroundings ahead.  The same principle applies in goal-setting and achieving success.  Focus on today.  Knock off as much as you can on today’s To Do list.  But develop both a one-year and a five-year plan.  Even if they change radically (which is fine as unforeseen opportunities may come into your path at any moment!) it will still help you steer the vehicle that is you safely and successfully toward your destination.

 

Brevity is the soul of wit!

Brevity is the soul of wit, a saying taken from Shakespeare’s Hamlet and adopted by many since.  I grew up with brothers and was often reminded of this saying when I went on, even slightly too long, in making any sort of point at the dinner table.

A student in a recently wrote me and asked how to speak in a concise and yet powerful manner, saying, “I’ve struggled with being able to get my point across, and do so in a very basic, and simple manner. I have all of these great ideas in my head but they seem to get stuck in translation from ideas to words. Do you have any advice on how to hone those communication skills and become a more concise and eloquent speaker?”

Among the advice I shared with this student, a college student, was to:  consider taking a public speaking course.  I took one in college and it was not only fun but one of the most helpful classes I have ever taken.  If you can’t fit in time for a class, or your school does not offer one, take a theater class (that involves performing), or join Toast Masters.

As to consolidating ideas, I suggested writing them out (in as long a form as necessary), then re-writing and condensing over and over until  you have something concise that still conveys your thoughts.  It may be helpful to keep a journal, and or write a blog.

For law students, speak up in class.  Responding to professors’ questions in class is a superb way to gaining practice in public speaking. Go to office hours and ask your professors questions.  (Even articulating your thoughts to one person will help you learn to speak concisely.)  And, participate in Moot Court.

There is no doubt that speaking is an important “power tool” for any leader.  Hone your skills now, while in school  And, then continue working on them forever.

 

Goal Setting: Freeing or Oppressive

I gave a talk last week at GW University to a group of the most amazing an accomplished freshmen imaginable. I will post a series of reflections on the talk, and share some of the responses I have gotten back since then. I would like to start with this idea that goal setting can be freeing:

Reflecting on the talk…and wanted to take this as an opportunity to reach out and say thanks. I had never considered goals as freeing, they really do seem like binding contracts from the start …. Having the perspective that goals are just an opportunity to prioritize opens up your life to focus on what’s important to you not just what you think you have to do. It is so freeing!

How do you view your “goals” ??

Starting Law School? Read this week to help you get an edge!

So you are starting law school this month?  Congratulations!!  You are about to embark upon a trying and most rewarding several-year journey, a step in a life path filled with potential and power. When you graduate and pass the bar exam, your license will allow you to speak for people who have no voice, to skillfully navigate waters clouded with rules and regulations and lead the way, to change and improve lives and society.  You will be poised to not only earn a living but also to live an endlessly meaningful life.  Be proud of your choice to study law.

Here are a few of the many books my students have found helpful as they begin the law school process, with some thoughts on why each is particularly useful.  Please write in and tell me if you have other suggestions!

Bridging the Gap Between College and Law School: Strategies for Success by Ruta K. Stropus and Charlotte D. Taylor, 3d ed. 2014 Carolina Academic Press, ISBN 978-1-61163-224-8 

This book is like having your own tour guide to law school. It tells you what to expect and how to make sense of the process, and thrive!  A must have for new law students!!

Reading Like a Lawyer: Time-Saving Strategies for Reading Law Like an Expert, By Ruth Ann McKinney, 2d ed. 2012 Carolina Academic Press,  ISBN 978-1-61163-110-4

Arguably, the most critical skill for success in law school is reading comprehension.  With tweets having largely replaced novels, we are in a time when mastering critical reading skills is more important than ever. Lawyers work with words; they are our power tools. This book’s text and exercises will help you get a firm foothold on reading for law school.

Pass the Bar: A Practical Guide to Achieving Academic & Professional Goals, By Sara J. Berman, ABA Publishing 2013, ISBN: 978-1-62722-238-9

This book may seem like you don’t need it until you are ready to take the bar.  No!  Read it now.  It will help you see the light at the end of the tunnel and set the stage for success from Day #1.  This book demystifies the bar exam and how to pass it the first time around.  Reading it as a 1L will train you lay the critical groundwork to develop the skills and confidence you need to succeed.

Reel Justice: The Courtroom Goes to the Movies, By Michael Asimow and Paul Bergman, ABA Publishing 2013, ISBN-13: 978-0740754609

Watch some movies, before you start law school!  And, read Reel Justice while you watch so you can learn what is “real” and where the entertainment has replaced reality.  Learn what courtrooms and lawyers really do, with fun and clear examples from film.

Represent Yourself in Court: How to Prepare and Try a Winning Case, By Paul Bergman and Sara Berman, Nolo.com 2013, 8th Edition, ISBN 9781413319446

This books helps you get the “big picture” –civil litigation in an easy-to-understand snapshot, explaining the process from pre-trial discovery through appeal.  It will help you put into context all the cases that you are reading all year, to truly understand who has the burden of proving what and why.   A quick and essential read for law students to help you put the world of law into context.  At the same time, this is a down payment for success on the performance test portion of the bar exam.

The Criminal Law Handbook: Know Your Rights, Survive the System, By Paul Bergman and Sara Berman, Nolo.com 2013, 8th Edition, ISBN 9781413319484

Read this alone to understand criminal law and criminal procedure in plain English, and/or as a companion to Represent Yourself, to understand the civil and criminal justice systems.  This book gives you a clear picture of criminal law and procedure, an overview of the process from arrest to appeal.

 

 

Congratulations to all who finished the bar exam and did their best!

Big big smile for you.  Very proud of your finishing, and doing your best!

SB 2015

Now what?  What are you doing to unwind, and congratulate yourself on having done your very best?   There will be a long wait between now and results. (And, though he was talking about something else entirely, Tom Petty was right when he said, “The waiting is the hardest part.”

Here are some thoughts:

-Take some time off now, if you can, to replenish the well, recharge your batteries and all that.

-If you have a job, congratulations, and good luck with it.  Do your very best.  Learn a lot and ask lots of questions.

-If you don’t have a job lined up, make an appointment with your career services center, volunteer somewhere, and work on your resume and cover letter. Check ads for legal employment.

-Read everything law related, especially local bar association publications.

-Write an article.

-Join a local bar association, or the ABA Young Lawyer’s Division (or some other legal organization), and sign up for a committee.

-Volunteer for a non-legal community organization (especially if you are thinking of hanging out your own shingle).

-Shadow a local attorney.  Or, invite an attorney to lunch.  Get to know the lawyers in your community, and let them get to know you.

-Attend any sort of “Bridge the gap” or other new lawyer CLE type courses. Even if it’s not in the exact field you are interested in pursuing, you may gain experience and job leads.

Good Luck on this Week’s Bar Exam!!!

The following is an excerpt from Pass the Bar: A Practical Guide to Achieving Academic & Professional Goals.

You may not feel it, but you are ready.

“Come to the edge,” He said. They said, “We are afraid.” “Come to the edge,” He said. They came. He pushed them…and they flew.” –Guillaume Apollinaire

The exam is your time to push off that edge and fly, to soar to success. Keep in mind not just the fears you may feel when you’re poised to jump, but the excitement and empowerment that comes with meeting the challenge. You are close to that edge now. You are ready to go. Sure it’s scary. It’s supposed to be. But you are ready. You can fly.

Some things to remember when you go in. The fact patterns that will be placed before you are all stories. They may be about contractual agreements entered into and broken, marriages fallen apart with assets left to be divided, crimes of passion. Read them like puzzles, every fact is there on the paper for you. Let it be interesting!

Think of yourself as walking through the ultimate cocktail party where each cluster of people tells you stories and problems.  (Have you ever thought about the bar exam as a “cocktail party?” I know there is an alcohol pun there. Unintended. What is intended is something I have been reiterating from page one. You can view this experience as “punishment” if you so choose or you can see it as a welcome challenge. You can grow and learn from every aspect of preparation and performance.)

For each person at the cocktail party, you have advice –good, solid, sound, and rationally reasoned answers!   In your mind are rules that help unravel how each of those stories can play out. If they might well go one way or another, say that. (“Defendant will argue; plaintiff will argue; and the likely conclusion will be….”)

Read your exam questions, your “bar stories,” and feel the incredible power that comes with knowing you can do that unraveling. You can and will pick each fact pattern apart and put it back together in a logical way that answers the questions asked.

Take in and appreciate that feeling of richness that comes from having this many rules at your command. It’s like being ready to run a marathon knowing that all your muscles are strong. The intellectual flab has melted away these past two months, through the long hours of mental work out.

There are few if any times in your life when you will have this many rules in this many subjects, memorized, at your fingertips, and ready to go. Enjoy this.  Appreciate yourself and how hard you worked to get to this place.  In daily work as a lawyer, one may almost always look up information.   Here, all the rules you need will be packed into your memory –in a usable place, ready to be called upon.

Appreciate how strong your wings are. When Day One of your bar exam approaches, push off despite the fears. Push off with as much confidence as can muster. You are ready.

 

If you cannot “study” any more, but cannot relax and are looking for something productive to do in the last hours before the marathon begins, read on….

A Walk through your bar days.

The famous race car driver Bobby Unser once said, “Success is where preparation and opportunity meet.“ Your “opportunity” comes when you walk into that exam room and stays with you until the last “time” is called. When you start your engines, be ready to succeed!

Exercise: Notes to yourself for bar days

Alright, let’s say it’s Tuesday, Day #1 of your bar exam. What is your POA (plan of action) this morning? You have your timing down, you have your approaches and your systems for reading and answering the types of questions that will appear on this session. What do you want to remember before going in to your first segment of your exam: ________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

What will lunch look like? Who do you want to lunch with? What will you try to eat?

________________________________________________________________________

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What about the afternoon session? What might appear here? What would you want to look at or listen to at lunch to get you pumped up for the afternoon?

________________________________________________________________________

________________________________________________________________________

 

Have a great dinner. Do not experiment with any foods that might make you ill. Do not drink excessively. And remember, no matter how you think you did, the first day is over. (I always think of the Cat Steven’s song, “Tuesday’s Dead,” on Tuesday evenings of the bar exam. Bar exams often start on Tuesdays.) It’s all about the future now. Do not look back. Do not second guess yourself or allow in any doubts. I have seen far too many students fail because of a perceived “defeat” early on that they carried into later session. Let go of whatever is done and do your very best on each and every minute of what follows, until the last time is called. Success on this exam is not about perfection. It’s a pass/ fail test. This is your Olympics; but in this competition, winning the bronze is every bit as good as gold.

 

What will you do this evening?

________________________________________________________________________

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Now Day #2. Wednesday, MBE day. What do you want to do this morning? (Look over your one sheets for MBE subjects, do a few MBEs as warm ups over breakfast?________________________________________________________________________

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Day #2 Lunch?

________________________________________________________________________

________________________________________________________________________

 

Afternoon? 100 more questions.

________________________________________________________________________

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Day #2 Dinner?

________________________________________________________________________

________________________________________________________________________

 

Day 3, if you have one on your bar (truly the home stretch)

What will the morning of Day #3 look like? What do you want to remind yourself?

________________________________________________________________________

________________________________________________________________________

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Day #3 Lunch?

________________________________________________________________________

________________________________________________________________________

 

Day #3 Afternoon? The very last lap. Keep that energy high. Just being fully awake and focused will give you a great edge because others around will be dragging. What do you want to tell yourself going in?

________________________________________________________________________

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CONGRATULATIONS!!!!!   YOU DID IT!!!  After the bar, maybe head to a bar, one that that serves drinks! Or go to a nice dinner? Or sleep? Or….

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NOTE: The excerpt above is from Pass the Bar: A Practical Guide to Achieving Academic & Professional Goals and may not be reproduced without the author and publisher’s permission.