Woke up at 6AM on Tuesday morning, feeling pretty good about my prospects for passing the bar. I popped in the DVD and watched the best scene from my favorite movie, Glory.
Prayer Circle as the Massachusetts 54th prepares for their final battle of the Civil War. Campfire burns in the midnight air, each soldier singing in unison
Soldiers: “Oh my Loooord, Lord, Lord, Lord…mmmmhhmmmmmm….”
Morgan Freeman: “ If tomorrow should be our great getting up morning, if tomorrow we should have to face the judgment day, let our families know that we went out fightin men…let em know that we went down standing up!”
Soldiers: “Oh my Loooord, Lord, Lord, Lord…mmmmhhmmmmmm….”
Denzel Washington: “ Don’t too much matter what happen tomorrow, cause we men. We men, ain’t we?
Soldiers: “Oh my Loooord, Lord, Lord, Lord…mmmmhhmmmmmm….”
Great Scene. And with that, I was ready. Something in the back of my head kept telling me to review the brief Family Law outline even though I was playing the odds. (See THE RECAP Part I). I gave in, and spent about 30 minutes reviewing the topic, concentrating on maintenance awards and child custody issues. Alright, NOW I’m ready.
Got to the Capitol Plaza, Jefferson City. The lobby was buzzing. With folks getting ready to do the same thing I was. Sea of white, with their sweats and tees shouting out their schools (none as good as mine). Patch of brown in the corner. Them with theirs, us with ours. Even on our biggest day, ain’t nothing changed.
After long instructions, we are underway. Morning session: four Missouri essays at 30 minutes each, then a multistate practice essay at 90 minutes. And we’re off
Essay 1: Administrative Law
I had just reviewed admin the previous weekend, and pretty thoroughly I might add, so this wasn’t too bad. Why is everybody in the widget business? And what the heck is a widget any-dang-way? Four questions to the essay. Notice and comment, rulemaking procedures, and a little delegatory authority issue, and the thirty minutes are over before I know it. I feel good.
ATTICUS: 1, BAR EXAMINERS: 0
Essay 2: Family Law
Ain’t this about a bitch. The one out of ten chance comes to life. Damn. (See: THE RECAP Part I). Well, lets give it the ol’ A&M try…OH HELL NAW…this question isn’t even about the family law topics that I did briefly review…this shit is asking about the dispensation of property according to the transmutation theory, and then do it again based on the source of funds theory. Atticus takes a real bad beating. Real bad.
ATTICUS: 1, BAR EXAMINERS: 1
Essay 3: Missouri Civil Practice
Not too bad here, nothing too serious. Date of filing v. date of service issue; of course date of filing controls. This seems kinda easy, unless I’m missing something here. Oh, here it is, statute of limitations issue. Good stuff, almost missed that one. I regain the lead.
ATTICUS: 2, BAR EXAMINERS: 1
Essay 4: Conflicts of Law
Studied this area comprehensively. Missouri is a most significant relationship state; I’ve been all over this from the beginning. Knocked it outta the yard. These Missouri essays weren’t so big and bad.
ATTICUS: 3. BAR EXAMINERS: 1
Multistate Performance Test
This was pretty straightforward, free points for the taking. I clean house.
ATTICUS: 4, BAR EXAMINERS: 1
Lunch break. If this were a marquee boxing match on HBO, Harold Lederman would break in now and say something like this:
HL: “Okay Jim, I got it like this: Young Atticus four rounds, Missouri Board of Bar Examiners one round. Lemme tell ya something Jim, Young Atticus has looked sharp and he has absolutely dictated the course of this fight. His jab is sharp, and he is outpointing the Board at will, just beating them to the punch, with the exception of that disastrous second round, when Atticus got hit with two, count em two standing eight counts. But Jim, that round was an anomaly, cause we saw Atticus completely abandon his fight plan. But I don’t expect to see that kinda round again, and Atticus should be able to cruise to victory in this fight.”
Jim Lampley: “Thanks Harold, that seems to be the way that I see it as well, what about you two?”
Roy Jones: “Uh…well Jim, it is clear that Atticus is ahead on the judges cards, but I tell you, the Board is still verrry dangerous, cause Atticus ain’t really done a whole lot of devastating damage to the Board, even though he has outpointed the Board. If the Board can catch another big round like it did in round two, then Atticus will be in big trouble.”
Larry Merchant: “Jim…it looks as though…there is a coronation on the horizon…and Young Atticus is set to become the reigning king in his division…if indeed he can refrain from imitating Young Icarus, and resist the ever growing temptation to thrown caution to the wind…that has befallen so many neophyte warriors before him…”
JL: “Uh…thanks…Larry… back to the action!”
Lunch break over, let’s get back to the festivities. Six afternoon essays, three hours, thirty minutes per essay.
Essay 1: Wills
A few weeks before the test, I was the wills master. In fact, I got a great score on the wills practice essay graded by the examiners. But I haven’t looked at it in a few weeks, so a lot of good that does me now. I get a good amount of the problem, and I get touched on a good amount of it. This one could go wither way, but I think that I got em. Round scored a draw.
ATTICUS: 4.5, BAR EXAMINERS: 1.5
Essay 2: Corporations
Killed this one. Novations and promoter liability. Corporation by estoppel. Young Atticus rolls.
ATTICUS 5.5, BAR EXAMINERS: 1.5
Essay 3: Equity
Thought I killed this one, until afterwards, I realized that there were some things that I could have included, one of which was extremely basic. I think that I still win this round by giving a good discussion of preliminary injunctions, TROs, and when equity is feasible. Good. Not great showing, but good takes the day.
ATTICUS: 6.5, BAR EXAMINERS: 1.5
Essay 4: Secured Transactions
I read this last night, so I think that I can handle this. I get off a respectable amount, but in reviewing the questions with others, I realize I got touched up. Didn’t include all the proper procedures for foreclosure of collateral. Good faith effort by me, but they got me this time.
ATTICUS: 6.5, BAR EXAMINERS: 2.5
Essay 5: Commercial Paper
Checks and such. But this one is a note. I verbally vomit on the page; just put everything I know. Throw it all against the wall, and hope something sticks. My conclusions here may be wrong, but I think that I justified it somewhat respectably. Still, I know that they got me here. Got me with the whole partial payment thing.
ATTICUS: 6.5, BAR EXAMINERS: 3.5
Roy Jones: "See Jim! I told you Jim! The Board of Bar Examiners is still vurrrrry dangerous, and Atticus can still lose this fight! You can never count a man out Jim, 'specially not a vet'ran with as many tricks up in his sleeve as the Board got!"
Jim Lampley: "You are right Roy, and Young Atticus is in a world of trouble entering this eleventh and final round! This one may have to go to the scorecards!"
Essay 6: Trusts
Like wills, I was once the master of all I surveyed when it came to trusts. That does me not much good now, as I haven’t looked at it in a few weeks, and they are asking about some pretty specific nuances. This almost looks like a wills/trusts hybrid. Man, this sucks. I put up a decent fight, but they beat me to the punch and win the round.
ATTICUS 6.5, BAR EXAMINERS: 4.5
At the end of day one, it’s not he decisive victory for me that I thought it would be. But all things considered, I think that I came out on top. There was only one time that I was completely lost, and I think that I may have gotten a point or two on that one. So, I won the day overall, but there is another day coming, and to say the least, my strong points are now behind me.
DAY TWO
MULTISTATE BAR EXAMINATION
Day two: 200 multiple choice questions. Three hours per hundred questions. Seven topics evenly distributed: property, torts, criminal law, criminal procedure, evidence, constitutional law, and contracts. I know that I need 118-120 to get it done. I think that on this one, I got the same 57-59% that I always get. Felt no better, and thankfully, no worse about this one. Afterward, my buddy Terbell gave me a refreshing breakdown, and I hope my score follows suit. It goes like this:
If anyone off the street, picking at random took the test they would get 50 right.
50
There were at least 100 which could be narrowed down to two reasonable and debatable answers. Odds are I got half of those right, giving me 50.
100
There were probably ten gimmes.
110.
And ten that I had probably seen before, to know what the deal was with them.
120.
I know that this is faulty reasoning, but hey, I’ll take that too. Gracias, Fuser.
ENDGAME
I walk out of the MBE dazed and confused, but happy that it’s over, and with abiding faith that I found success. Two stiff Hennesseys with just a splash of Coke in each, and it’s done. Content, the kid exits into the mid-Missouri heat. Game over. Mission complete. Bar passed.