If you think “success” means never failing, think again: success includes serial “failures”

If you think “success” means never failing, think again.  Learn from your so-called “failures,” and far from failing, you actually give yourself the power to transform the past into steps on the path to future successes.

What are you battling?  Where are your struggles?  Do you have defined goals?  Are you getting the help you need?  Is the day sometimes just too much to handle?  You might think these are questions to ask someone who is falling apart.  No.  All of these are questions we might ask successful people.

In other words, successful people still struggle, stress, and fail.  Often, they fail repeatedly.  But what makes someone successful is that he or she gets back up after falling down, problem solves and tries again; no falling into the traps of self-doubt.

Why is it so hard?   It may look like other people have it so much easier than you do, like they never fail or stress.  If that’s what it looks like, you may not know the person that well.  You may just be looking at their social media and inferring from the stories they are sharing that all is perfect.  Dig a little deeper.  Everyone who has ventured to achieve falls down from time to time.  Usually, people who think a lot, people who are movers and shakers, have deep concerns.  Some worry about family.  Others about money.  Some stew about co-workers and work politics. Some have health problems.  Others obsess about fitness.

Some measure of worry can be empowering: plan for the worst and hope for the best. Knowing what you will do in worst case scenarios, and knowing you will be OK, can be tremendously empowering.  The key is to use failures and stressing about failures as tools to empower rather than obstacles that weigh you down.  An excellent book that stands the test of time and helps readers control what the author called “worry” and what we might today call “stress,” is How to Stop Worrying and Start Living.

If you are dealing with school stress, professional stress, exam stress, parenting stress, or just battling generally to succeed while achieving peace of mind, give it a read or re-read.

On Not Quitting: Students Look to Athletes for Inspiration

Ask a college or professional ball player what he or she does after a bad game, or a losing season.  Unless the person suffered a serious injury, likely the answer will be:  I went back in and did my very best at the next game. I practiced, and practiced, and practiced more.  I looked at what I did before and found ways to play better, stronger, harder, and smarter.  As the late John Wooden put it, “Failure is not fatal, but failure to change might be.”

Students, whether in high school, college, or graduate school, can take a page out of this sports book.  When your grades are not what you know they could be or your scores on the SAT, LSAT, MCAT, or other standardized tests are not as high as you know that they could be, figure out a new game plan.  (Same strategy if you fail the bar exam, get back in the game!)

Don’t quit and don’t wallow in frustration or self doubt. Channel your energy into effective practice.  Read more.  Take practice exams.  Talk with professors who can help you see how to learn what you need to know.  Find ways to study better, stronger, harder, and smarter. Another John Wooden reflection, “Don’t measure yourself by what you have accomplished, but by what you should have accomplished with your ability.”

There is an analogy between high stakes exams and high stakes sports competitions.  Let us as students and educators, learn from great sports lessons.  And, let us soar to success with hard, smart work.  A third and final Wooden quote for the day: “Success comes from knowing that you did your best to become the best that you are capable of becoming.”

Organize and Outline Before Writing

http://www.passlaw.com/organize-and-outline-before-writing

Organize and Outline Before Writing

Here’s an example of why it helps to organize and outline.  Version A below shows how you might “tell” a friend about your dinner, bouncing from appetizer to dessert then back to main course, throwing in a random note about the server, the company, etc. But if you are writing an exam or a paper to turn in to a professor, Version B is better. The clear organization of Version B shows the reader exactly where your thoughts are starting, heading, and concluding.  The words, “The company was great, the food delicious, and the service superb” tell the grader/reader to expect that you will first discuss the company, then the food, and then the service.  They know what to expect; you deliver.  And, notice the difference in slang and tone in A versus B.  Try hard to use a more professional writing tone when writing for school than you would, for example, when texting with friends.

Most of us do not “talk” like Version B.  So, we have to take extra time before writing, to plot out (brainstorm about) everything we want to say, put it into a logical order (outline), then write using your outline as your “road map.”

Practice with topics you like and are comfortable talking about, such as food, and see if you can transfer the organizational process to writing for your courses and/or exams.

 

Version A

We ate at Chic.  It was so good!  Steak was awesome.  It should get a Michelin star. Waiter was so cool, nicest dude ever, came back after every course asking how we were. He killed it.  Chic is new restaurant.  My soup was yummy.  The strawberry shortcake rocked. Fresh tomatoes from vine and strawberries like they were picked just before dessert.  Oh, the bread on the soup, actually on the side of the soup –appetizer was a soup and grilled cheese combo thing. That bread was freshly baked deliciousness. Waiter brought soup out in a kick-ass ceramic bowl and told us all about the origins of every food on the table.  Steak was perfectly cooked, served on a cedar plank.  Bill is doing well.  So are Susie and John.  We all picked up right where we left off.  I used to work with them every day and haven’t seen them for ages, but we still have so much in common.

Version B

I went with Susie, Bill, and John to Chic Restaurant last Tuesday.  We had a wonderful evening.  The company was great, the food delicious, and the service superb.

The company: Susie, Bill, and John

Susie, Bill, and John are former co-workers. They are each funny and bright.  We used to work side-by-side every day, and it was heart-warming to catch up with them and realize we still had so much in common.

The food: stylish comfort cuisine

This new restaurant served “comfort foods” in truly a chic manner.  (They earned their name as Chic Restaurant.)  For my appetizer I ordered a mouthwatering tomato bisque garnished with rustic grilled cheese.  It was presented in beautiful ceramic dishes with a garnish of fresh herbs. The cheese, a sharp cheddar, was perfectly melted in between two slices of a right-out-of-the-oven sourdough delight.  That bread was amazing.  It reminded me of the safety and security of Mom’s after school snacks with the exquisite flavors of gourmet bread, cheese, and vine-ripened tomatoes. My main course was a perfectly cooked and seasoned steak, served on a cedar plank.  And, my dessert was an outrageously whipped cream covered strawberry shortcake.  I shared it, but could have eaten the whole thing myself it was so tasty.

The service: 5 Stars

The fellow who waited on our table, it seemed, knew every item on the menu. He not only described in detail how every dish was prepared but told us the origins of all the ingredients, where the produce was grown, where the meats were raised, and more. He made us feel welcome, and continued to be attentive throughout our entire meal. The graciousness and knowledge of the server helped make the entire dining experience a truly lovely one.

I am not sure what the newspaper reviews of Chic Restaurant will look like, but in my book it should definitely get a Michelin star.

Great article for College Students!

How to Live Wisely, by JULY 31, 2015 

This is a must read for college students, but could also be tremendously useful to law students and others figuring out their path in life.  A particularly useful exercise for many could be the first exercise suggested, matching how the time you actually spend (your commitments) compares with what you value (your goals).

Many of us find our time is consumed by much that we really don’t value…. What to do about that is one of the greatest of questions!

IRAC or IRPC?

WHAT IS IRAC?   An acronym for Issue, Rule, Analysis, Conclusion.

HOW IS IRAC USED?  IRAC is a template for logical writing, most helpful on law exams, specifically on bar exams. But the IRAC terminology often confuses people, particularly the word “analysis.”  A better term for many may be IRPC: Issue, Rule, Proof, Conclusion.

Some people hear the word “analysis” and think of the complex and varied wrinkles in legal theories and reasoning; they picture lengthy, detailed exchanges in law school classes, breaking apart and trying to understand case law.  Others hear “analysis” and think of a layered literary analysis in a college English class, reflecting on the meaning, style, and value of a novel or poem.

As you will see below, a more useful mental picture for effective bar writing may require a flashback to geometry in middle school (or “junior high”) and the simple logic in a basic “proof,” rather than thinking of college or law school.  Why?  The term “analysis,” for many, conveys a more complex and often longer written discussion than is required for most passing bar answers. However, the word “analysis” may well represent what law professors expect on law school midterms and finals. Many law professors wish to see students weave relevant cases into their discussion, analogizing and/or distinguishing the facts in the exam to facts from cases and/or hypotheticals studied throughout the term to reason to thoughtful conclusions. Your professor may also expect a rich policy discussion in your law school exam answers, possibly noting relevant implications the issues you are discussing might have on third parties, society at large, past precedent, or future evolution of the applicable law. Bar writing is often much simpler, and heavily dependent on straightforward logic.

Let’s look at the following example as an albeit over-simplified but useful analogy to bar writing style, what I call and will explain below as “IRPC.”

       An IRPC example in math

Picture a triangle, then read the passage below:

  • What sort of figure does the shape above represent? ISSUE
  • Three sided figures with sides coming together in three corners are generally known as “triangles.” An equilateral triangle is a three-sided figure where all three sides are equal in length and all corners have the same degree angle. RULE
  • Here, side A measures x inches, side B measures x inches, and side C measures x The three sides are touching and meet respectively in three corners. And, each angle measures y degrees. PROOF (or “analysis”)
  • Therefore the figure represented above is an equilateral triangle. CONCLUSION

This logic may sound more mathematical than legal but it is highly instructive for bar writing. Let’s consider another IRPC example, this one using an everyday driving scenario, and you will see the same sort of logic but in a situation that more closely resembles a law-type fact pattern. Note here we will also add a policy consideration to our logical writing (“IRPPC”). Policy concerns, while not essential in bar writing, can be helpful in improving your score. As long as you have written about all the discussable issues, using the basic components of an IRPC correctly for each, and you finish answering the entire question, adding policy considerations may indicate a further mastery of the application of the rule of law that a grader may appreciate.

The defendant and his passenger, Witness X, both testified that the defendant’s car was in the left turn lane, the green arrow was blinking and it was 3:00pm when the turn was made. Did the Defendant’s turn from Elm Street onto Main Street on December 1st violate traffic regulations?

Now let’s say you know (because you have learned the relevant rule of law) that left turns are permitted at the intersection of Elm and Main from the left hand turn lane, when the green left turn arrow is blinking, at times other than 4pm-7pm weekdays. (From 4pm-7pm weekdays such turns are not permitted even if the arrow is green.) How would we logically deconstruct the validity of the turn in question?

       An IRPC example in law and daily society

Did D’s 3:00pm left turn at Elm and Main violate any traffic laws? [ISSUE]

Left turns are permitted at the intersection of Elm and Main from the left hand turn lane, when the green left turn arrow is blinking, at times other that 4pm-7pm weekdays. [RULE]

D was in the left turn lane (so in the proper location for the turn). D saw the turn arrow blinking (so D had a signal that it was safe to make his turn). D made the turn in question at 3:00pm (thus the timing was appropriate for this type of turn). Note: since it was 3pm, it did not matter which day of the week as the only bars to turning are from 4-7pm. [PROOF or analysis] Last but not least, policy would dictate that even if D had followed the technical requirements for turning, D must also confirm that it was generally safe to make the turn –i.e. there were no other obstacles, emergency vehicles or unanticipated conditions that would make the turn unsafe. Assuming D did so confirm there is no reason to indicate that the turn was unlawful. [POLICY]

Therefore, D’s turn from Elm onto Main appears to have been lawful.[CONCLUSION]

      IRPC works!

Are you starting to see why IRPC makes sense?  If IRPC is clearer and more helpful for you than IRAC, think IRPC.  They mean the same thing, but IRPC may just make the idea a little clearer.

One of my professors once explained bar exam writing something like this: “Many of you came to law school from lofty colleges where you theorized, you studied literature and history and the like. You read poetry and wrote beautiful essays. You sought to include metaphors and alliteration in so your words would flow. You want to continue that sort of writing now, in law school. Your minds are creative. You want to think, ‘Well, I’ll start by discussing A, but then let me foreshadow Z, then I’ll get back to B, maybe then toss in a bit of H and J to make things more vibrant.’” He then hollered, “No!” Everyone in class jumped. “Cut that out right now! From here on, instead of flowery prose, it’s “A+B+C=D. Period.”

Bar writing, in many ways, is indeed A plus B plus C equals D.

IRPC for bar writing is straightforward.   IRPC makes sense. It is not mysterious or intriguing. IRPC is not eloquent. It is simple and direct.  It is mathematical, likeA+B+C=D.  IRPC works!  Try IRPC as you write practice bar exam essay answers.

This page is excerpted from:

Pass the Bar: A Practical Guide to Achieving Academic & Professional GoalsPassTheBar_COV2

For more on IRPC and all sorts of tips on bar exam and law school success, read PASS the Bar Exam.

This is Your Bar Exam to Pass!

This February is your bar exam to pass. Just do your best. And, “break a pencil!”

If any of you have seen The Producers, you remember the scene where they warn that it’s bad luck to say “Good Luck” before a theatrical performance.  Instead, you say, “Break a leg.”

Before a recent bar exam, I spoke with one of my former students just before her bar exam, a student who happened to have a strong theater background.  When I told her, “I won’t say “Good Luck,” she knew why!  She laughed out loud and suggested that instead of “Break a leg,” I tell her to “Break a pencil.”  So, the morning of her first bar exam day, I texted, “Break a pencil!”  She passed the first time, of course!

What I want to tell all of you, any of you who might be reading this blog post now for extra inspiration, is that you do not need“luck” anyway.  You need to go in there and do your best, just like you have done each and every day now, day in and day out, some of you for three years, and those of you who were part time students for four full years.

Law school transitions right into the bar success.  The bar exam and law school differ, of course.  And, I have dozens of blog posts here, and pages in Pass the Bar Exam (ABA Publishing 2013), illustrating those differences.  But hard work in law school lays the foundation for success on the bar exam.

And, you are not going to go in there, to your bar exam, and find something completely different than what you have been studying, assuming you took a reputable bar review course.  You practiced with real exams, you did the actual kind of work you will be doing on this test. They release past exams. The National Conference of Bar Examiners publish Subject Matter Outlines that say what areas they test on.  You should not have big surprises if you studied comprehensively.

So, hang in.  Relax.  Breathe deeply.  Concentrate.  Read carefully.  Stay calm, confident, and focused.  This February is your bar exam to pass.  Just do your best.  And, “break a pencil!”

About Sara Berman

Professor Berman serves as the Assistant Dean of Academic Support and Bar Support at Whittier Law School and concurrently as Professor of Law and Assistant Dean of Bar Support Programs at Concord Law School. She has lectured nationwide for commercial bar reviews for more than two decades, preparing students for both substantive and skills portions of bar exams nationwide. Berman is the author of the recent ABA publication: “Pass the Bar Exam: A Practical Guide to Achieving Academic and Professional Goals” as well as a companion teacher’s manual for the same. Professor Berman is currently writing a second title for the ABA on the use of performance testing in law schools. Along with UCLA Law Professor Paul Bergman, Berman co-authored “The Criminal Law Handbook: Know Your Rights, Survive the System,” and “Represent Yourself in Court: How to Prepare and Try a Winning Case,” both published by nolo.com and both excellent introductory resources for law students. Berman has also published numerous articles and study guides and blogs regularly about law school and bar exam success.

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.