Tag Archives: legal

Is the UBE easier than other Bar Exams?

30 Jul

Since the Uniform Bar Exam (UBE) was established, several people have asked me whether the UBE is an easier exam to pass — should they wait until the UBE to try taking the exam.

I’ve been rather curious myself, so I started keeping track of the passage rates before and after UBE implementation.

For those of you unfamiliar with the legal practice, each state requires passage of the state bar exam as part of the qualifications for legal certification. Although in the past, each state offered its own unique exam — the UBE is a standardized legal test with scores easily transferred across jurisdictions.

States are not obligated to implement the UBE, and many have chosen to continue using their own exam. Those who do do implement the UBE may also choose to add a state-specific component requirement. But the bar exam itself is more or less consistent across the member states.

The question is whether applicants are finding it easier to pass the UBE than they were the original state exam.

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Falling Rate of New Lawyers in the United States (since 2013)

28 Jul

Bar examiners blame the schools. The schools blame the students. The students blame the bar AND the schools.

Whoever bears the responsibility, the facts are clear — each year fewer and fewer lawyer hopefuls are passing the state bar exams. With the bar exam a prerequisite for entry into the legal profession, the consequences are obvious . . . the United States is watching the slow but significant decline in new entrants into the profession.

National Passing Statistics as recorded by the NCBE
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February 2019 Bar Results are Coming Out!

5 Apr

Good luck to Everyone!

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Some Latin Phrases Use in Law (A-D)

10 Jul

Latin Phrases for Law (A – C.jpg

If you failed the bar. . .

7 Apr

For anyone interested, I thought I’d mention a couple things I’ve learned from experience.

1. Studying for the Bar
Granted, I studied for the bar a couple years ago. But still, I think the way I studied for it worked out pretty well, and might help some of you. First, I was working for a law firm at the time and packing up for my move to China, so I had WAY limited time to study. I started by watching all of the Barbri videos and making a detailed outline (like 56 pages for one class, no lie). Which got me a great outline, but I didn’t really learn anything. I’m actually part visual part kinesthetic learner, so just hearing someone talk about it does absolutely NOTHING for me. So I changed my approach about 6-7 weeks before the exam. I started with the legal SPARKCHARTS. They are awesome, amazing, and all things good. They contained all the basics of what I needed to know, a great foundation. So I spent about a week learning them by heart for all the subjects on the test – MBE or Essay (I think there were 2 that it didn’t include — UCC and Commercial Papers). Once I understood the basics, I followed up with Emanuel’s books. I started with the brief outline at the beginning, filling in the gaps in my foundation. Again I spent about 3 weeks making sure those were well memorized. I just went over them, and over them. For the next 2 weeks, I studied the more in-depth reviews. Adding the odd exceptions in here and there where I needed them. If I were you, I’d probably try to spend more than 4 weeks on exceptions if that’s where you get stuck a lot. I just didn’t have time. I spent about 2 days reviewing the Barbri outlines. By this point, I actually knew most of the stuff in those outlines, but there were a few things Emanuel and Sparcharts hadn’t covered, so I’m glad I did the review. Finally, the last few days before the exam, I just did questions. Questions from Emanuel, Questions from the Barbri books. I did questions over and over and over. When I took the exam, my essays were my lower score (UCC and Commercial Papers showed up, so that sucked). But I still passed!

2. I didn’t do any practice essays. Once I figured out the MPT it was a piece of cake. That was actually really easy for me. I didn’t have to know about the law – I just had to write a good essay. For that, I would read the question – write down all the laws. Then I would re-read the question and add all the facts under each law. Then I spent a little time (10 min. or so) writing an Introduction and Conclusion. Last I spent a little time making sure my law and facts actually formed complete sentences in a logical pattern. This gave me the intro, each law was a paragraph, and a conclusion. For the other essays, I figured I knew how to do a good essay. I always get top scores on essay writing in general, and as long as I knew the law I knew I could do the essay. This turned out to be true for me. I know a lot of people who aren’t as good at writing or who go blank on essays who need to write the essays. I’d say that’s up to your study style.

3. For Civil Procedure, I found that making an outline wasn’t helpful since I’m so visual / kinesthetic. So I took out giant poster-boards and used colored markers to make charts. I showed with different colors all the “If yes x” and “If no y” and made a map. It really helped me to see how things were connected and the flow of thought.

4. I’ve since become a law professor and found some other ways that helped me learn the law. The first is to make powerpoints for each subject. Pretend you are teaching students who cannot speak the language and have no background. Then create a powerpoint slide for each rule. It forces you to simply and make the connections more easily. Breaks everything down. Then allows you to re-organize the flow of the slides into something logical pattern that works for you. The second thing I find helpful is making up your own questions. Instead of just answering questions from other people, as you learn a rule and/or exception try creating your own multiple choice question on it with a fact pattern. You’ll find it’s more difficult, but it also gets you thinking how the Bar Testers think. I’ve found going back and reviewing the Barbri books and stuff that some of the questions I create for my students are basically the same as those they ask. But because I created it, I remember it better.

5. Don’t forget there are plenty of jobs you can do even without the bar exam. I know some people who fail it once, are quick to pass it the second time. But a lot of people struggle with test anxiety or other problems that keep them from getting over that hump. A lot of us simply cannot afford to keep taking it. Or maybe you figure out that anything this difficult or boring (after studying it forever, it gets boring) isn’t something you really want to do. There are lots of other options available. Some of my friends have gone on to become Court Clerks, Paralegals, School Librarians, University Department Heads, Government Teachers, Social Sciences Teacher, Legal English Teachers, and more. You can teach legal studies to undergraduates and the like. Others went back to school, got an alternative masters, and did something else. Or they became CPAs or Auditors or Business professionals. You can become a writer – did you know many of the crime shows are written by ex-criminal law lawyers? It’s because they can see the story and how it developed. I passed the bar exam, but knew really quickly that it wasn’t where I wanted my life to go. I went to law school to study Cultural Heritage Law. I had NO interest in being a family lawyer (tried that, got a corrupt / chauvinistic judge), criminal lawyer (tried that, got abused, called all hours of the night, and was never paid by the clients), guardian ad litem (tried that, saw more corrupt cops and judges and got depressed being around all the abusive families). You see a pattern? Let’s just say it wasn’t my cup of tea. That’s why I’m now a law and business professor in Asia. I teach international students and I love it! I use what I learned in school and work hard, but I get good pay and fine vacations. The students are a lot more fun to work with, and I get to travel around. I’m not telling you not to try to take the bar again, just know that you have options if you decide it isn’t what you want to do. Even if you passed, but aren’t looking forward to the normal line of work.

As my students say, “Fighting!”

#LawSchool ~ Ruining #Books since Forever

25 Feb

myfairlady01

How Law School Ruins Your Life #3billion – You suddenly realize that every great library in movies is actually filled with law books (you can tell from the bindings). And suddenly the library seems just a little bit less fun and more like school 0_0 SADNESS!!!

library.gif

 

#LawSchool and #BarExam Study Aids!

17 Feb

LAW SCHOOL & BAR EXAM STUDY RESOURCES

A few people have asked me for a list of resources for studying. For those of you still in Law school, still studying for the bar, or who need to try again, I tried putting together a comprehensive list (sorted Alphabetically and by Series) of the best Study Guides for the bar based on what I used, what my friends recommended, and what other lawyers I’ve spoken with advised. I’ve used all of these, and I think they really helped me with both Law School itself and the bar exam.  In fact, If I were taking the exam in again (eg in different state), I’d probably use Sparkcharts and Emanuel all by themselves.  You can find the list HERE (or click on one of the images below).

law-2law-3law-4law-1

law-5law-6law-8law-7

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I’ve Met This Judge!

27 Nov

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Art Forgery Trial Asks: Were Dealers Duped, Or Did They Turn A Blind Eye?

11 Feb

“Art Forgery Trial Asks: Were Dealers Duped, Or Did They Turn A Blind Eye?”

by Joel Rose via “NPR

The Knoedler & Company art gallery, shown here in 2010, had been in business  since before the Civil War. The gallery permanently closed its doors in 2011.

The New York art world was shocked when the city’s oldest gallery abruptly closed its doors more than four years ago. A few days later, news broke that Knoedler & Company was accused of selling paintings it now admits were forgeries for millions of dollars each. The gallery and its former president face several lawsuits by angry collectors and the first trial began this week.

The forgeries at the center of the scandal look like masterpieces by Jackson Pollock, Willem de Kooning and other prominent abstract expressionists. They were good enough to fool experts, and even Ann Freedman, then-president of Knoedler & Company, says she was duped.

Her lawyer, Luke Nikas, says, “Ann Freedman believed in these paintings. She showed them to the whole art world. She showed them to experts. And she has piles and piles of letters from all of these experts informing her that the works are real.”

Nikas says Freedman even bought some of the paintings for her own personal collection. But the plaintiffs in this case and other pending lawsuits say Freedman overlooked glaring problems with the paintings’ backstories. The art dealer who sold the paintings to the gallery, a woman named Glafira Rosales, pleaded guilty to fraud and money laundering charges in 2013. According to Freedman, Rosales told an elaborate story involving a European collector (known only as “Mr. X”) who bought the paintings with cash in the 1950s, when he was having an affair with an assistant at two top New York galleries.

“It’s quite a tale, and people bought it,” says Amy Adler, who teaches art law at New York University. “I suppose the temptation would be there — not just for buyers, but, yes, even for sellers — to think they’d happened upon these magnificent, undisclosed masterpieces.”

In the end, Rosales admitted to selling Knoedler 40 counterfeit paintings over more than a decade. The plaintiffs argue that Freedman knew — or at least should have known — that something was amiss. It’s hardly the first time an art dealer has been accused of deliberately looking the other way.

Ken Perenyi is a professional art forger who wrote about his career in the book Caveat Emptor. “From over 30 years’ experience with art dealers,” he says, “I would say there most certainly are individuals out there in the trade that will turn a blind eye.” . . .

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Copyright v. Trademark v. Patent

22 Jun

abstract art idea

“The Sleeping Virtue” by MissNickiPink

To Be in Copyright or Not To Be in Copyright. . . That is the Question.

Here in China, I’m currently teaching my darling students Business Law, which includes a healthy dose of Art and Cultural Heritage law surprisingly enough.  Although, if you think about it, Businesses deal in Art and Words as much as anyone–and I’ve discovered the rules for them are often similar to those for individual artists.  

But one of the most basic questions my students get stumped with is what is the different between a copyright, trademark, and patent?  Many of them have created their own companies on the side and are trying to figure out how to protect their resources.  

Lawyers like to throw around those words like they mean something, but it’s a big pile of nothing for anyone else.  Still, many of your rights and protections are caught up in the relevant Copyright, Trademark, or Patent. So if you want to adequately protect yourself (in business or in art), you need to know what to do and what laws are on your side.  

As I help my students, I thought I would share some information here as well.  I’m teaching basic overview of the law, so this is all simple information 🙂  Please Note: This is not intended to be Legal Advice! Every situation is different, and if you have a situation you need to speak with your own Attorney! Continue reading

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