Understand the methodology behind the exam, don’t just memorize past exam answers – By Brian Herbert Wilson Jr., Esq

Exams have one thing in common, they test some form of knowledge or skill.  From the start, the Bar Exam has always been a “rite of passage” meaning that, it is not as much about knowing the law, as knowing how the Board of Bar Examiners is testing on the law. In the big scheme of things, the knowledge of how to take the exam is probably more important than the pure substantive knowledge.  Proof of this can be found with every person who passed law school but failed the Bar Exam.  NILAS believes that unlocking the mystery of the method can really be a make or break issue for both the study of law and the Bar Exam, in particular for those who may be at risk for failure. 

What is a “Standardized” Test?  Sometime in the 1980s education on the whole went toward “reform” in education trickled down to the Bar testing procedure by way of the Bar Exam.  Prior to the early 1970’s there was no single standardized multiple choice test.  Over the next two decades, the National Board of Bar Examiners would develop what is commonly known as the standardized Bar Exam.[1]

In an effort to standardize the educational process, test writers have sought to define the scope of the Bar Exam to be a more realistic set of testing indicators, meaning, tied to a more realistic set of skills needed to be practitioner of law.  Accordingly, over the years, the Exam has undergone subtle changes in questions, typology and doctrine to help make the test more realistic. 

First, standardized tests have several things in common, for example there are at least three components every standardized test will have.

1. The Clock
2. The Answer set (Fixed Component)
3. The Essay, (Variable Component)
4. The Clock

The clock is not your friend either in real life or on the Bar Exam. Many students have complained about simply running out of time on both the study for the Bar Exam and on the MBE[2].  Being able to manage your time will help you relax and focus on the test, rather than the lack of time.  At NILAS, we use techniques to help our students learn time management.  Here are some excellent tips that help:

• Play to your strengths - If you have a weakness for something, you need to recognize it and avoid it if possible. If you are better at night, stay up late, better in the morning, get up early. On the exam, if you have a reading comprehension issue, then work on developing skills that help you focus on key words.  
• Set your own schedule and don’t let others barge in – Non law people don’t really understand the tremendous strain on your time, so don’t give them the chance to micro-manage it!  Set clear boundaries for your loved ones and ask them to respect the time you have.  We have learned at NILAS that study for the Bar Exam is about quality, not quantity in most situations.  Remember, if you are studying for 8 hours for example, you probably got 3 good hours.  The other hours were less then helpful. 
• Be realistic about how much time it will take – Studying for the Bar is a time consuming ordeal.  Remember reading cases and briefing for law school, took time too.  At first, when you are still at the beginning of your study, it will take longer, but take heart! You will get faster.  In section 1 we talked about your study plan, create a schedule that makes sense, and then stick with it.

1. The Answer Set

Over the years, the staff at NILAS has invested hundreds of hours pursuing the art of the standardized test and what makes an answer set worthy of making it into the Bar Exam.  As we said above, there are several things in common with all standardized tests; the answer set is one of those consistent items.

In your study program, be sure to devote a certain amount of time to the understanding of the answer set and the way the test writers develop the answers.  For example, the LSAT (Law School Aptitude Test) has a series of free sample exams you can use to go over and test your knowledge of the material.  One way you can improve your score is to unlock the previous exams and understand the methods the test writers used in the creation of the exam answers.

NILAS uses a similar process.  Check out our class’s page, to learn more about workshops dedicated to understanding the Answer Set.  You need to know how the answer set can impact your approach to any given problem. 

1. The Essay

When you are weeks into the semester, burn out is not only possible, but probable. Often, the last thing students do in the first and second year of law school is to practice writing.  You will see a recurring theme here.  Essays are a variable component of any given standardized testing and for the most part, students don’t really practice the writing component.  Rather, the typical student opts for understanding the legal principal and then “shooting” from the hip on the essay part, because let’s face it; they know how to spin yarn. 

Good reason exists for this approach.  For the most part, law students excelled in undergraduate in the writing category, finding it easy to scribe prose on the fly, with little or no advance warning, linguistically, Law students excel at the “making it up” part.  Ironically, so do the test writers.  As a result, they already know your game and have a trick or two up their sleeve. This includes the variable component specifically intended to beat those who think they can just wing it and be OK.

We at NILAS understand this dynamic and offer some real time tips on getting over this hurdle.  At NILAS for example, we have created pedagogy to combat the propensity to just wing it by forcing the student into specific exercises designed to increase your variable writing skills.  NILAS suggests, that in your specific learning program, there must be a component that not only teaches you how to write, but what to write for the greatest number of points.

In closing, remember working harder is good, but smarter is better. Find a program like NILAS that teaches you a methodology to passing the exam.  Memorizing past essays or MBE questions won’t get you there, but a good method will.  At NILAS we offer one method, there are others out there, but in any event make sure the one you go with is a fit for you.