Curricular Bar Support

• Author: Sara J. Berman
• Profession: Concord's Assistant Dean of Bar Support Programs and is also the Assistant Dean of Academic Support and Bar Support at Whittier Law School in Costa Mesa, California
• Pages: 35-52

35

5

CURRICULAR

BAR SUPPORT

I will discuss two types of curricular bar support: (1) exposure to bar exams in doc-

trinal and/or legal writing courses and (2) bar success courses that emphasize MBE,

PT, and/or essay skills. is guide focuses primarily on the latter, bar support courses.

However, I will speak briey to something I strongly encourage: looking across the

curriculum to include at least one performance test in a number of doctrinal and/or

legal writing courses—from rst to third year.

Early exposure to performance tests has a host of benets for students, including

experiential learning during law school and setting the stage for success in an unfa-

miliar testing format. Most students have extensive essay testing in law school, and

exposure to some multiple-choice testing, but many never see a performance test until

bar review.

For years, in both my criminal procedure and my corporations classes, I used PTs

that students wrote in class under timed conditions, which I then critiqued and used as

a springboard for discussion. Often, I would make the assignments mandatory but not

count them against the student’s nal grade in the course as they were a “new” type of

testing. I am now working with doctrinal faculty to update curriculum to include this

same exercise in community property, wills and trusts, and remedies courses—includ-

ing one PT in each course.

Because every performance test puts students into a rich role-play environment

(with a File and Library), including even one performance test can provide a exible

and adaptable experiential learning component in a doctrinal course. You can also spin

o any number of additional exercises and/or discussions using one PT to illustrate

key points relating to the subject area, ethical concerns, and/or practical skills training.

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36 PASS THE BAR EXA M—TEACHER’S EDIT ION

A. BAR SUCCESS COURSES

I have written the sample syllabus below for a single course that provides exposure

to all three common types of bar exam testing: essay, PT, and MBE. You can cer-

tainly design distinct courses that focus on each type of testing separately. Both have

advantages. On the one hand, in a PT class, a professor can drill down much deeper

into that type of exam, training skills (factual analysis, legal analysis, problem solv-

ing, and awareness of professional responsibility) more extensively and providing the

students more exposure to practice tests under timed conditions and assessment to

improve performance. On the other hand, a class that combines all three types of test-

ing allows the professor an opportunity to compare and contrast the dierent types

of testing. is can be most helpful to students in developing a deeper appreciation

for and understanding of how to approach and successfully answer each type of exam

question.

One combined class presents a more realistic workload in schools that only have

one ASP/bar support faculty member. e professor can show students how the skills

needed to excel on one part of the bar exam are transferable (helping students see how

to adapt to succeed on other parts of the exam). Students tend to view the greatest

bar exam challenge as mastering vast amounts of substantive law. It is true that there

is a lot to cover. But the quantity of material is not the only stumbling block. Stu-

dents must gain a comfort level in switching between substantive subjects. Unlike law

school, where subjects are isolated, bar exams cover and sometimes combine numerous

subject areas. Yet another challenge is switching from one type of testing to another.

What is required to pass MBE questions diers from what is needed to write a pass-

ing essay or PT answer. erefore, it is critical to provide students distinct strategies

for mastering each portion of the exam and to motivate them to practice extensively

with every type of test question.

us, the sample syllabus below also combines essay, PT, and MBE testing into one

course in part because many law school budgets only allow for one course.

I have based the course described below on exams in two subjects only: torts and

contracts. With this model, the focus is clearly on bar skills and support rather than bar

review. If the sole purpose of the course were to review the law, you could accomplish

this goal with fewer resources by creating an online course, or having students review

a recorded lecture or read an outline. (You can also create a blended learning situa-

tion, “ip” the classroom as it is frequently called, to include an online law component

giving you more time in class for writing and skills training. See Chapter 6 below on

Online Learning.)

Many students do benet greatly from a “pre-bar review” review of the substan-

tive law. If you have the resources to do such a review internally in your law school,

you might oer some “cram” courses as a “pre-bar review” in a 3L winter or spring

intercession. Otherwise, this may be something to either do online or outsource to

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