You Might Be Studying For The Bar If . . .

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You still had the energy and humor to compose this list on July 19th ~ no kidding, JULY 19th!!! I may never get around to another blog entry, yet this guy was still in full force just days before the exam. Astounding. And now for one of the best bar blog posts [including commentary] ever ~ (drumroll) . . . may I present 'Open & Notorious' :

http://openandnotorious.blogspot.com/2005/07/you-might-be-studying-for-bar-if.html

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Wouldn't You Prefer Porn?

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Doing a final email check before shutting down the computer last night, I found several windows open - Google, Ebay and a link to an article by Randy Wakeman. The search terms caught my eye first:

"winchester model 12 16 gauge value"

????

Then the article:

What Is the Best Type of Shotgun for Me?
(Randy Wakeman, Senior Contributing Editor, Guns and Shooting Online)

No one here is into hunting or recreational target practice ~ no one!
And while Texas may license concealed weapons, we live in a tiny - and safe - rural community where there's just no need to conceal and carry. Even if there were, it wouldn't require a shotgun!

Dear Significant Other:
I know I may have been a little difficult to live with lately ~ okay, maybe even impossible, but you know it's not really like me to be so remote, critical, and condescending. And unappreciative. And angry. And demanding (well, perhaps a little demanding). I know how hard you've been working to keep things going around here, listening to me rant and complain, cleaning, cooking (oh, by the way, please don't use water under the baked chicken breasts anymore - they need to be crispy, not soggy, capisci? I don't need that kind of thing right now, I really don't!)

Look, I know it's easy to go looking online for solutions when you feel misunderstood and abused. It's just this darn bar exam! And BarBri, and Trusts & Estates. You know how well that law school class turned out (sidebar: you didn't tell your cousins that I would do a will for them, did you? You promised you wouldn't. So help me, if I get another call while I'm timing the MBE . . . ). Anyway, I just wanted to let you know that it will all be over soon, and things will get back to normal. Maybe not the 'normal' we had before the 3-year senseless beating and the incredible student debt load, but still, some kind of 'normal.' I think. Maybe. That's all for now. Oh, and about "The Rules" ? You know they were really more like, umm, suggestions, right? You do know that, right, Sweetie? But just as a precaution, I've temporarily suspended our Ebay account until August, okay?

p.s. And since we're all loving and understanding now, you wouldn't mind staying out of the house this weekend, would you? Call your customers on your cell, transmit orders from your brother's place? Starbucks has Wi-Fi. Or play golf, you know how you love golf - just go enjoy ~ all weekend. The weather, what about the weather? http://www.nbc5i.com/news/13615542/detail.html?subid=10101601
I'm sure you'll be able to work something out. Maybe grocery shopping, or the laundromat. I've made a list . . .

The Rules

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1. Don't talk to me.

1(a) Only talk to me if I talk first, & only on limited topics (never the bar)

1(b) Unless I want to talk about the bar; do not comment except to agree

2. Do not ask me questions. Ever. About anything.

3. If I ask questions, please answer them.

3(a) Answer only the question asked.

4. If you have questions, go read other blogs & realize this is all normal.

Slipping Away

That's all.

Magnetic Poetry

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Out of the house again ~ this time to the bookstore/coffee shop for the day while work was being done on the house. Not a bad place to study: well-lit tables, comfy couches and sparcely populated. Quieter than the average bookstore with a non-intrusive sountrack playing in the background. The only interruptions were 2 inquires about the book-stand ("where can I get one of those") and 2 comments on my 'where fun goes to die' t-shirt. Otherwise, very effective study day.

Other than a Subway sandwich shop and a check-cashing storefront, there were no other businesses nearby, so my breaks were spent wandering randomly through the bookstore. Searching for fresh highlighters on one trek, I came across a game and gift section with an entire row devoted to magnetic poetry kits. With my brain full of Convisor and perplexing procedural issues, I pondered the array. We have a few magnetic words on our fridge - but too few to make much of a statement. What should we add?

'romance kit' -- unlikely

'love' -- not feelin' it

'original' -- maybe. can't decide whether seeing the inclusion of "drool" and "elaborate" through the cellophane attracts or repels me.

'pick up lines' -- yeah, right

'dog lover' -- no. we have a wonderful family pooch, but nothing to write poetry about (although the block words arranged on the box did make me smile - dog says - me like to roll in stink y thing s

'activist' -- not

'genius' -- definitely not

'healing words' -- maybe later. say, in several weeks, or perhaps November.

'put-downs' -- hardly necessary these days. seem to come to mind easily enough without any help from a magnetic dictionary.


Then I notice the Unemployed Philosophers shot-glass collection. http://www.philosophersguild.com/index.lasso?page_mode=home&bandwidth=0

Given the number of recent alcohol-related posts on various bar exam blogs, I thought this definitely had possibilities. By the way, thanks guys - all those posts on one day! Just happened to be the night that SO observed, 'You seem to be drinking more lately' - meaning that 3 nights in a row I chose a [single] bottle of Shiner to go with dinner rather than tea or water. Immediately after the ensuing discussion and while the issue of 'to have or not to have' was still up in the air and dinner was rapidly cooling, we took a few minutes to look up the AA definition of 'alcoholic' (his contention was that having a drink 3 days in a row could be a problem) and then we perused the daily bar blog collection . . .

. . . drinking . . .

. . . drinking . . .

. . . drinking . . .

SO didn't know whether to be more concerned given the online company I keep or feel reassured that I'm 'normal.'

Support

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Main Entry: sup·port
Function: transitive verb
Etymology: from Latin supportare, from sub- + portare > to carry

(1): to endure bravely or quietly : bear
(2): to promote the interests of; assist, help
(3): to hold up or serve as a foundation or prop for
(4): to maintain at a desired level
(5): to keep from fainting, yielding, or losing courage : comfort
(6): to take care of everything non-bar; NOTICING what needs to be done


Every experience is different, but just as 1L was its own special hazing whether you attended Harvard, State U, or Cousin Vinny's School of Law, your real-life v. bar-life might go something like this:

W explains the time & focus needed to prepare for the bar exam.

H understands & agrees to do whatever is necessary for W to pass.

Knowing H doesn't truly understand, W attempts to list/detail 'necessary'. H nods in agreement, but does not really share W's definition of the word.

Melt-down #1.

Draw the next scene using your imagination. Color the picture 'not pretty.'

W (with increasing frustration) reiterates bar-prep-support requirements.

In between licking his wounds, H is 99% perfect for precisely 4.2 days. During this time, W accomplishes much effective study. Confidence rises.

Life now reverts to "normal". Not good. W notices - a little more each day. H subtly changes degree of effort exerted - a little less each day.

Bar study diminishes inversely proportional to the rising level of tension. W notices both. H recognizes neither.

Melt-down #2.

And #3.

Slight increase in support-level and bar-focus. Not nearly enough to pass. W knows this all too well - enough to be afraid. H still does not understand.

Stay tuned.

More Mustard

SO surprised me this morning while moving a couple of boxes. Seems one big box taking up space contained misc. items still packed from my law school apartment."Look what I found!"

Yep. The TWO unopened bottles of Beaver Deli Mustard that had 'gone missing' during the move. Wonder what he'll think when he finds out that my unreasonable dissatisfaction with a lesser-condiment resulted in a bulk order that Amazon now cheerfully advises they "are preparing for shipment and this portion of your order cannot be canceled or changed. Need information on returning an item?"

In my defense, we do have a romantic history with said mustard (an anniversary picnic at a Calif. winery, for goodness sake - we're not that strange!) . . . there were no single bottles available, other web sites proclaimed it to be unavailable and even Amazon commended my ingenuity in thinking beyond a single jar: ("Only 5 left in stock--order soon!) . They'll make lovely gifts if the recipients aren't overly finicky about plastic 12oz. squeeze bottles. It is good stuff. Bratwurst, anyone?

Bob Loblaw

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http://barblogjuly2007.blogspot.com/2007/06/stories-are-boring-and-stuff.html >> Wednesday, June 13th.

YES! Someone I can identify with!! Tired, lazy, haggard-looking, chubby(+ in my case), although my spending is all online. Sure, there must have been a good reason for the two oversize gazillion-pound exercise mats. The order of organic crystallized ginger (http://gingerpeople.com/order_organiccrystallized.html) was a must because I MUST always have my ginger. Harder to explain was today's sudden order for Beaver Deli Mustard (yes, it really IS good mustard, but come on! Mustard?!??!??).

Today I decided to actually leave the house on a must-do errand ('do any clothes still fit? check.' 'will the car still start?' check.') and it also happened to be a Target-run. Caught sight of myself passing a full-length mirror under fluorescent bulbs and SO had to drag me away as I puzzled over the image in bemusement.

Have I mentioned that I hate BarBri and all things bar-exam related?

Or Did She Just Attend an MBE Workshop?

Speaking of ethics and the law ~ okay, you weren't, but it's an ongoing converstion here. Somehow SO and I have fallen into a steady diet of The Practice via our good friend, Tivo. While other bloggers are identifying various instances of tortious conduct and common law crimes in their t.v. viewing, I find myself noticing (and commenting on) gross ethical and procedural violations - on both sides of the docket. My family has long since gotten used to my Law & Order "that was not a 'statement against interest!" rants. More though-provoking are the ethical slippery slopes - especially the ones that are not in direct violation of the rules. I remember watching an episode of Boston Legal last season (a show that should rarely be taken seriously) that ended with Alan saying to his friend, "You will recall that I once advised you to flee the practice of law. It's an ugly occupation which calls upon its participants to do ugly things. I am very accomplished in the practice of law."
And (in the context of that episode) he was right. He was a 'good lawyer.' Very depressing realization, and not all that different than I was advised by a local attorney as I left for law school.

I was always a Law & Order fan until the evidence and procedure portrayals did me in. I like that a prosecutor's ethical obligation is the truth. While I'm not naive enough to think it is always true for every ADA, I probably am naive enough to want to believe. Nothing bothers me more than to see a slippery slope there - on t.v. or in real life. In law school, a negotiation class divided into pairs - prosecutors & defense attorneys - to deal with a plea negotiation where the defense facts clearly stated that the defendant was innocent. Possible pleas ranged from a minor violation with a fine or probation on up. The 'prosecutors' were under pressure from the DA, etc., to secure a plea or conviction on every arrest (vandelism). After each team reported the results of the negotiation (almost all ended in some kind of plea), the professor asked the class, "Did the fact that the defendant didn't do it influence your negotiations?" I expected to hear defense attorneys say that it mattered, but that in their opinion, a plea to a reduced charge would be better for the client in the long run v. a more serious conviction (still worrisome, but at least understandable. Maybe.) But the class response completely blew me away - no one who had negotiated a plea thought his innocence mattered! And this came from both sides! 'Nah, it didn't really enter into it at all . . . ' 'Not really . . . ' 'It was easier to just deal with the other side to get something worked out . . . ' omg. Does this worry anyone?

Watching a defense-oriented show now has it's ups and downs. It reinforces my belief that I probably could not do that job. I absolutely believe in the value and importance of a good defense attorney - I just don't think I want that level of potential conflict for myself. But then, I've seen real-life ADAs instructed to prosecute cases left over from 'a prior regime' that never should have been charged in the first place. Not life or death ~ not even serious (if any) jail time. But while everyone could look at the facts and wonder 'why did they even take this case ~ there's nothing here!' . . . the political climate was 'dismissals look weak and are closely scrutinized - can't be weak on crime'. And another where cases that should have been prosecuted, but weren't out & out 'slam dunks' were bargained down to nothing just to keep the conviction rate up.

How are we supposed to find our way and be true to ourselves, our clients, and the oath that we all hope to take in November? Being able to pass the MPRE isn't nearly enough guidance.

Maybe It's Not Really The Bar . . .

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but life and relationships that suck.

Best Product For Reading Ease

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Public Service Announcement:

Holds even large books. Why do you need or want a book stand if you have hands? Because you also have a neck that is really tired of supporting your head for hours while you look down at your books. (Random factoid: the human head weighs about as much as a bowling ball)

I know there are other brands and styles, but can be flimsy or hard to use. This is the only one I've owned that holds my law (and Bar prep) books and is actually useful. It's perfect on a table, desk or T.V. tray. A little more awkward, but still do-able in a recliner (place a couple of couch pillows on your lap under the stand). The benefit is that when you read, you look straight ahead instead of down and adding strain on your neck. If you're going through as many headache relief products as I am, you'll appreciate any help you can get.

I bought mine a couple of years ago at the Container Store. Didn't see it on their web site today, but did find this option:

http://www.backdesigns.com/AB1921000Store/product1.asp?SID=1&Product_ID=130 .

I have the 14" version, but the 18" might be even better.

PROPP(erti)ED Up At 4:00 A.M.

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Don't try this at home.

Awesome Blog Post

http://lawwithgrace.blogspot.com/2007/06/how-to-talk-to-someone-studying-for-bar.html

Why Am I Doing This?

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I am getting further behind on a daily basis. I feel like I have been stuck in Property forever. Doing BarBri lectures on my own (the 'more than 50 miles from a class/pay more $/MP3' version of bar prep) allows me to pause, think, make notes, work the hypos myself before continuing the lecture . . . but also allows me to get distracted. Mixed blessing or curse - I'll let you know which prevails when mid-July rolls around and I'm either very competent for having spent quality and quantity time on each subject, or completely screwed because I've only covered half of the 12 Texas Essay subjects when the 24th rolls around.

Today my distraction and reason for falling further behind was taking time out to post a trip report on a Zihuatanejo message board. Before I hit the books every morning, I have tea and toast and either skim through the Dallas Morning News or peruse the latest bar blog postings. This morning was blog day, but as there was not much new online, I moved over to a Zihua message board I used to read and found a thread about another traveler's bad experience with a particular condo and property manager - a person who went far out of her way to assist SO and I when we visited there in March.

I spent far more time than I should have composing an account of our experience, but when I finished I thought about how much her extra effort had meant and my internal stream of consciousness led me to this question about bar prep: why am I doing this??

Stream-of-consciousness: usually regarded as a special form of interior monologue; characterized by associative (and at times dissociative) leaps in syntax and punctuation that can make the prose difficult to follow, tracing a character's fragmentary thoughts and sensory feelings.

Thought process:
Carmen the property manager was in a position to do whatever she needed to do to take care of the owner, the condo and the guests. [which led me to this unrelated event->] Last year I had a serious health scare while I was away at school, but as now, really didn't have time to deal with it. Then, as now, I handed everything over to SO to handle for me. SO contacted a doctor in the area who agreed to see me the next morning. Doc1 decided I should see a specialist, and while I waited in his office, called Doc2 and asked him to fit me in that day, which he did. Biopsy a few days later revealed that all was well, so the story ended quickly and well.

What exactly does this have to do with a Mexican property manager or the beating we're all getting from the bar exam [see above re: associative and dissociative leaps]?

They were all professionals in a position to make things happen; two with professional degrees, one without, but all in a position to make a difference by how they approached their job. And all three made a significant impression - think about the doctors who, after all, have entire staffs dedicated to playing gatekeeper and arranging their schedule just so - yet both took the time to fit in a complete stranger and offer professional assistance. After the medical episode, I told SO that "I want to be the kind of attorney that they (docs 1 & 2) are physicians."

That is why I haven't left the house in over two weeks. The reason that I continue to read things I hate and work tedious (often demoralizing) MBE questions. I want to be in a position to do the things that are important to me, whether at any given time that means supporting my family, winning a case for someone who needs help, the thrill of beating the pants off an unethical jerk of a lawyer, putting away a bad guy - or defending a person accused . . . whatever it is - I wanted to be THERE, so for now, I am HERE, doing this - getting back to that damn Convisor.

Then Life Rears It's Ugly Head

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I've been operating under the philosophy 'all bar all the time' as evidenced by my sporadic and less than scintillating posts of late.

A friend of SO's called yesterday to relay news of the sudden death of a mutual friend. I listened to this end of the conversation, and the follow-up calls to other friends, and waited a respectable time before turning the property lecture back on. Later - hug, caring but not prying question to show interest - more property.

11:00 p.m. Realization that the sudden heart attack and almost-immediate departure into the beyond could happen to anyone, anytime. Self (although, honestly, in this artificial law school-to-bar world, that doesn't really seem like such a bad thing) -- family -- friend -- Significant Other. Suddenly the MBE percentage and the daily grind don't seem all that painful.

Perhaps instead of 'all bar all the time' we should pay attention to the people around us - not forget to love and connect? But this daily, driven focus really is necessary - at least for me. How do we balance it all - do we even try? There is no balance in this world - not for the next 48+3 days anyway.

Sleep On It

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From the June Reader's Digest:

The idea that you can learn while asleep lives at [certain unnamed] websites.

(I know law students - if the links were here . . . )

Not so, says Harvard sleep researcher Robert Stickgold : The only time listening to tapes at night will help you is if they wake you up." But, he says, there's evidence that if you learn something today and sleep eight hours tonight, you'll retain it better tomorrow -- and beyond.

That's a wake-up call.