Pfau talks about the bar's new subject matter and why candidates who know the law, still fail the California bar exam.

 

LSJ: First, a little bit about the new subject matter having been added. Many students are saying "Oh no! Three new subjects!" Is that really the case? Three new, full subjects?

PFAU: Well, the three new subjects that were just added are not entirely three full subjects. Part of the subject matter enhances some of the subjects that are presently on the bar exam. For Evidence, you now also need to know California Evidence. There are many similarities between the two. But there are some areas that are a little different. For example, in the area of privileges, there are typically many more areas in California than as is generally the case under the Federal rules of Evidence (FRE). And there are some other differences. But it isn't an overly tremendous burden in order to learn the differences involving the new California subject matter.

With respect to Civil Procedure, like Evidence, you need to now know the federal rules and the new California rules. Once again, there are many similarities. For example, you need to know subject matter jurisdiction, personal jurisdiction, and so forth. But those rules will vary from the federal to the California jurisdiction. The same overview, however, in terms of how Civil Procedure is organized, is generally the same. If you think about Civil Procedure as a subject that impacts the prosecution of a civil case, beginning with what court to bring the case to, what law to apply, choice of law, pretrial, trial, appellate, and final judgement issues, you can organize both the federal rules and California rules around those basic themes. Then, just know the variations on those themes as they relate to both the federal and California rules.

The only subject where new information, or where completely new subject matter is required, is the area of Business Associations, where, now, one needs not only to know Corporations, but also Agency & Partnership. However, many of those concepts will probably be familiar to students in other areas, such as respondeat superior, vicarious liability, and so forth. So, yes, there are "three new subject areas" -- with quotes around it, but all if it can be easily digestible depending on your approach to learning and understanding both the similarities and the differences.

 

LSJ: Will the new subject matter impact pass rates?

PFAU: Well, my comment, at best, will probably be anecdotal. There is some evidence that when the bar adds new subject matter, the par pass rates for the initial administration may at least be the same, if not a little better. So, in that regard, it can offer an opportunity to students who take the time to integrate the new subject matter with the current subject matter. Other than that, the new subject matter implicitly will affect pass rates if students don't learn it. So, it is important to begin to integrate that into the preparation process as soon as reasonably possible. But, once again, the subject matter does not create an unreasonable burden, given the similarity to the subject matter that is presently required on the exam. Keeping in mind, however, that part of an applicants grade is impacted by their competition through the "scaling process" - the new subjects can add an opportunity for those applicants who emphasize them in their preparation.

 

LSJ: The end of November is when bar results publish again. To me, many students are foolishly waiting for that day to start studying again. Any thoughts?

PFAU: Well, the culture of the bar preparation process, rightly or wrongly, generally causes students who are awaiting results to being studying once the results come out for those students who are unsuccessful. And part of that is understandable in terms of the tremendous amount of work that students undertake in getting ready for a bar and the need for some rest. From a logical standpoint, though, it is very prudent to start studying again as soon as possible. For example, if there is a month left until results, the student, even at a light duty standpoint, should begin to recalibrate there substantive understanding and memory of subjects and being to learn some of the new subject matter, so, that in the event they take the test again, they can have a running start. You don't have to give it the same intensity necessarily that you will in the weeks after bar results, but, if you can begin to integrate it on a casual, or even gentle basis, before hand, it can work to enhance one's skills in getting ready for the examination, and certainly won't do any harm if you pass the bar and you go off to practice.

 

LSJ: Any wisdom for students who do not see their name on the pass list? Simply studying more and memorizing more rarely is the cure next time around. Unfortunately, that is what many students do, however.

PFAU: Well, first, my empathy to all of those who are unsuccessful There is a tremendous amount of work involved in getting ready for the bar, and often in life we don't get what we want right then we want it. But, the prize will always go to those who are persistent in pursuing this great goal of passing the California bar exam.

 

In getting ready for the next bar exam, it is always important to try to learn from those lessons from a preceding exam in terms of how one might have prepared and performed on the test. And, whatever the course of action a student takes to get ready for the next bar, it is important to remember that you are getting ready for bar that requires very precise skills to be able to solve a problem under timed conditions. That is the essence of the California bar exam, and what is what makes it one of the most difficult in the nation.

And, so often going back to emphasizing a review of the substantive law, while it can put one a comfort zone in terms of thinking that maybe they didn't know enough law and that significantly more than anything else contribute to now passing, learning the other sills that will compliment ones substantive understanding and memory are as, if not more, as important. Learning how to organize better, learning how to write under timed conditions, learning how to see issues as they have a tendency to cluster, and learning how to organize a performance test, learning how to select the best answer a little bit better on the multistate. There are very definitive sills that can be added to one's substantive knowledge, which will tend to get one more precisely prepared and ready for the bar given its nature as a timed test. However one goes about it, all bar candidates should try to add those skills to their test-taking regimen. An, all the best. It's easy to empathize, having worked at this for many years, on success the next time around, however that occurs.

PAUL PFAU
Paul Pfau is a Los Angeles County deputy district attorney and the owner of Cal Bar Tutorial Review, which has been customizing bar review programs for 33 years. For more information about Cal Bar Tutorial Review, call (800) 348-2401 or (800) 783-6168. Web site: www.cbtronline.com