Thank Gawd for this discussion topic!!! I was worried that my fellow law students/grads screwed by the CA Bar Association (and their apparent desire to keep their current members from facing competition from new law school grads) were perhaps apathetic to the complete and utter BS being thrown at us by this seemingly unethical association. If CA’s Bar Exam truly protected clients from incompetent lawyers (new or otherwise) then I would have no problem with its harshness. However, what I observed in July was that many of my MOST QUALIFIED colleagues failed. (Not to bash those who passed…cuz I know several great new lawyers who did.) What’s even more infuriating to me, is that their failure may incorrectly be attributed to the caliber of law school they attended. When I first started interning at PDs Offices and Legal Aid, I quickly noticed how incredibly talented my fellow interns were at schools sometimes bashed (especially by arrogant law students in chat rooms). I admit that I compared their trial skills, motion writing, and ability to effectively communicate with clients, to students at my own law school, and found myself cringing at the fact that the quality of lawyer being produced at my own school to be far inferior. I looked at the curriculum at lower tier and nonABA schools and saw that the classes offered were, for the most part, geared towards teaching students practical skills to PREPARE THEM to PRACTICE LAW (as opposed to preparing them for academia). What sucks about the bar exam, is that it doesn’t really establish who is ready to start working for clients. I have become a better test taker from my second round of the Bar this Feb, but don’t see how it will transfer into practice given that the writing style demanded by the exam is, in many ways, in compatible with motion writing and/or arguments via oral advocacy. I wish I had known what I do now about the absurdity of law school and the bar exam, because I would have 1) gone to law school in a different state…one w/ a reasonable bar exam, and 2) gone to a law school that offers more classes geared towards the “practice of law.” Sigh…wish I had a time machine (of course I would use it to kill Hitler first though LOL).
In response to the original posts concern about hiring practices at PDs Offices, I totally agree at how heartbreaking it can be to contemplate working for free after graduating law school with so much debt. But, that’s the field I want to go into too, and it seems like the majority of the qualified volunteer attorneys get hired eventually…so long as the County isn’t experiencing a hiring freeze. Their are some excellent PD hiring guides for CA I found online and I would be happy to post links if anyone interested.
To all of my heartbroken comrades, stay strong. If there is another nightmarish set of bar results for this Feb’s exam, then I think that we need to organize and DEMAND transparency from the CA Bar. For example, it wasn’t revealed until a few months back (to my knowledge) that CA had an “MBE cut score” (please correct me if I’m wrong). Also, it doesn’t seem like the CA is being intellectually honest about its grading process: for example, the CA Bar states repeatedly that they do not take off points for spelling errors, yet they leave the grader discretion to grade higher for “style and presentation”…so, if the graders are giving MORE points for perfect spelling, then they really are marking other exams down for spelling mistakes, lack of underlined headings, etc… given that they grade each exam in comparison to others (reports have said it could be a group of ten other exams ranked from best to worst…but don’t think that’s set in stone). They aren’t honest about the fact that handwritten and typed exams are not going to recieve the same treatment. And…graders have reported spending about 30 seconds to 2 minutes on each exam (yes, I know that’s similar to the time judges may take to read a motion, but different writing style there I would argue).
Lastly, in my list if admittedly bitter complaints, is that many of the “model answers” ARE WRONG ON THE LAW! Providing the wrong legal standard on which to base your argument gets you ZERO points in the courtroom! I argue that this provides an example of the “real standard” used to give a high score on the bar, which is how the exam “looks.” Anyways…I admit that I could be wrong on some or all of my above speculations. But, I think the bar exam should have a lower bar to pass the exam BUT that the bar should reallocate resources to ensuring greater quality control of its members…the focus should be on protecting CLIENTS, instead of protecting Bar members from outside competition. I also think they should dump the following subjects: Businesses Associations, TWE, Community Property, and professional responsibility (since we already get a separate test for PR). Like Intellectual Property (with the Patent Bar) the aforementioned subjects could either have their own exam for those wanting to practice in those areas, it could be switched to multiple choice, or made a mandatory class requirement during law school. So, yeah…