Once again, the CA Bar Exam results are out and once again, the overall pass rates are awful. The overall pass rate was 54.8%, by far the lowest in the nation.
While we at Celebration Bar Review had much higher overall pass rates (close to 70%) that's still a significant number of failures and it's caused me to spend some time trying to analyze the bigger picture of what's going on with the California exam, and more specifically the scoring.
Here's my theory:
The most important score in California has apparently become the MBE number. If it is not a passing equivalent (approx 128 raw or 1440 scaled) it doesn't appear that the written part of the exam is being graded in such a way as to be truly "compensatory." In other words, in some jurisdictions (such as Georgia) if the applicant's MBE score is not high enough, the essays are not graded at all and a failing result is applied. In California, the same result is achieved but without quite as much candor. If the MBE score is not at a passing level, I think the essays and performance tests are only read in a perfunctory manner and assigned a relatively narrow range of scores. This quick scoring level (50-65) is simply not enough to overcome the lower MBE score and so the result is a nearly "automatic" failure.
What I'm seeing from those of our students who failed is that when their MBE score is below passing the written Raw scores are nearly uniform at 570-580 total. I don't think this is a coincidence, particularly since the quality of the practice essays of these students varied by far more than the 10 points shown in the official score results.
If my theory is incorrect, we should see a lot of results from applicants with a "passing" MBE score but a failing written score and an overall fail. In my experience, that is not happening now. If you had such a score, I'd love to see your score sheet.
Otherwise, I think what we're really seeing is a de-facto non-grading of the written part of the exam based on the applicant's MBE score. In a perverse way, it makes sense for the examiners to do this since it minimizes grader resources on those exams that statistically have a much lower or nearly impossible chance of becoming an overall passing test. This would allow graders to spend more time on written work that could in fact tip the compensatory balance in favor of passing or failing.
Still, I think it would be far more forthcoming to simply acknowledge this process or to require a minimum MBE threshold before the essays are read and graded. Until that time, I plan to focus on the MBE score first for our California students and the written work secondarily.
Tuesday, November 22, 2011
Monday, November 21, 2011
Why the big bar reviews fail...
I've just finished reading Walter Isaacson's wonderful biography of Steve Jobs. Near the end of his life, Jobs makes a statement about why the large tech companies have gone into decline:
"The company does a great job, innovates and becomes a monopoly or close to it in some field, and then the quality of the product becomes less important. The company starts valuing the great salesmen, because they're the ones who can move the needle on revenues...So the salespeople end up running the company."
I think the same analysis holds true in the bar review. The early pioneers in the bar review field were innovators at one time, but as they gained near monopoly strength, they stopped innovating. Indeed, they stopped teaching and began to simply put their energy, their resources and their focus on selling rather than on helping students learn how to pass the bar.
Compounding the problem is that the large bar reviews rely on law schools who simply don't hire professors who can teach. In a NY Times article this week, the point was made that law schools don't teach lawyering. One reason, according to the article: "there are few incentives for law professors to excel at teaching. ... it won't win them any professional goodies, like tenure, a higher salary, prestige, or competing offers from better schools." In other words, the schools don't teach, the big bar reviews hire the professors who don't teach and the student is woefully prepared for the bar and for a life of practice should they ever get past the exam.
Into this mess comes the law student with a six figure debt and no clue about how to get through the exam and to find a job. That's why I take our task at Celebration Bar Review so seriously. Instead of focusing on marketing, we focus on teaching. Over the last 20 years, education has made huge strides and we have attempted to implement them to our students' advantage through the use of technology, stress management, multiple intelligences, directed personal feedback and more.
The big bar reviews, and their companions, the big law schools, still live in the world of the Harvard Law School of the 70's - the 1870's - and Christopher Langdell's case method. It is just now being understood by the consumers of legal education that they are being cheated by their school - and their big bar review - when those institutions and corporations fail to adapt and integrate substance with effective teaching pedagogy. A system of education based on the assembly line "stand and deliver" model of Dean Langdell is doomed in our fast and competitive world. But don't tell that to the big bar reviews. They've invested millions in classroom settings, canned lectures and ponderous books that haven't changed more than an iota since they were created. And why should they? As long as the "salesmen" run the process, it's all good - at least for the companies.
But it doesn't have to be that way. Change can happen. #OccupyWallSt can become #OccupyBigBarReview. It can be done. At Celebration, we continue to have pass rates that far exceed the state averages, and often with a student base of repeat takers and foreign attorneys who are often the least likely to succeed. How do we do it? By continuing to innovate, research and employ the best technology and teaching methods with a passion for our students and not just our bottom line.
Something that the others should think about...
"The company does a great job, innovates and becomes a monopoly or close to it in some field, and then the quality of the product becomes less important. The company starts valuing the great salesmen, because they're the ones who can move the needle on revenues...So the salespeople end up running the company."
I think the same analysis holds true in the bar review. The early pioneers in the bar review field were innovators at one time, but as they gained near monopoly strength, they stopped innovating. Indeed, they stopped teaching and began to simply put their energy, their resources and their focus on selling rather than on helping students learn how to pass the bar.
Compounding the problem is that the large bar reviews rely on law schools who simply don't hire professors who can teach. In a NY Times article this week, the point was made that law schools don't teach lawyering. One reason, according to the article: "there are few incentives for law professors to excel at teaching. ... it won't win them any professional goodies, like tenure, a higher salary, prestige, or competing offers from better schools." In other words, the schools don't teach, the big bar reviews hire the professors who don't teach and the student is woefully prepared for the bar and for a life of practice should they ever get past the exam.
Into this mess comes the law student with a six figure debt and no clue about how to get through the exam and to find a job. That's why I take our task at Celebration Bar Review so seriously. Instead of focusing on marketing, we focus on teaching. Over the last 20 years, education has made huge strides and we have attempted to implement them to our students' advantage through the use of technology, stress management, multiple intelligences, directed personal feedback and more.
The big bar reviews, and their companions, the big law schools, still live in the world of the Harvard Law School of the 70's - the 1870's - and Christopher Langdell's case method. It is just now being understood by the consumers of legal education that they are being cheated by their school - and their big bar review - when those institutions and corporations fail to adapt and integrate substance with effective teaching pedagogy. A system of education based on the assembly line "stand and deliver" model of Dean Langdell is doomed in our fast and competitive world. But don't tell that to the big bar reviews. They've invested millions in classroom settings, canned lectures and ponderous books that haven't changed more than an iota since they were created. And why should they? As long as the "salesmen" run the process, it's all good - at least for the companies.
But it doesn't have to be that way. Change can happen. #OccupyWallSt can become #OccupyBigBarReview. It can be done. At Celebration, we continue to have pass rates that far exceed the state averages, and often with a student base of repeat takers and foreign attorneys who are often the least likely to succeed. How do we do it? By continuing to innovate, research and employ the best technology and teaching methods with a passion for our students and not just our bottom line.
Something that the others should think about...
Thursday, November 17, 2011
NJ Results have been released...kind of
Go figure. The NJ results were released this morning without comment or explanation from the Examiners. At least they are out and good luck to everyone who took the exam!
...and NOW it just gets weirder...
Apparently about 400 applicants have been told that their results are not yet available and no further explanation has been given by the Examiners. This is consistent with our previous information that approximately 400 exams were missing, so it is entirely possible that there was in fact a problem and it has not yet been resolved. Go figure...
...and NOW it just gets weirder...
Apparently about 400 applicants have been told that their results are not yet available and no further explanation has been given by the Examiners. This is consistent with our previous information that approximately 400 exams were missing, so it is entirely possible that there was in fact a problem and it has not yet been resolved. Go figure...
Wednesday, November 16, 2011
NJ Bar Results
Here's what we know as of now...
Normally, NJ exam results come out at about the same time as NY results. Those came out a couple of weeks ago. July results typically arrive for NJ applicants by Nov 10 at the latest and we're obviously beyond that point now.
We have made contacts with the Examiners and with some of our other sources to try and find out what's happened. As is often the case, when (and if) there is a problem, the Examiners go into a "lockdown" mode until a resolution has been decided upon. As a result, there is no "official" information to report.
As you probably have heard, there are unconfirmed rumors that essays may have been lost. We think that's probably the case since absent a problem the results would typically be released. We know that there was not a problem with the MBE and so that leaves only the NJ essays as the source of any difficulty.
We should point out that this is not an unprecedented situation. It has happened in other jurisdictions and other test administrations and if true, the NJ Examiners have several options. They can simply erase that question (or perhaps questions) for everyone, or they can impute the equivalent of a passing score on that question(s) for those applicants whose answers were lost. It has NOT been our experience that the entire test would be invalidated or that applicants would be required to retake the exam, however, that decision is state-specific and will be made by the appropriate bar authorities when and if it is necessary.
When will results come out? The NJ Examiners have continued to say it will be the end of this week and we hope that's correct, however, we would not be surprised to see results held until as late as the middle of December.
We'll let you know when we find out anything further.
Normally, NJ exam results come out at about the same time as NY results. Those came out a couple of weeks ago. July results typically arrive for NJ applicants by Nov 10 at the latest and we're obviously beyond that point now.
We have made contacts with the Examiners and with some of our other sources to try and find out what's happened. As is often the case, when (and if) there is a problem, the Examiners go into a "lockdown" mode until a resolution has been decided upon. As a result, there is no "official" information to report.
As you probably have heard, there are unconfirmed rumors that essays may have been lost. We think that's probably the case since absent a problem the results would typically be released. We know that there was not a problem with the MBE and so that leaves only the NJ essays as the source of any difficulty.
We should point out that this is not an unprecedented situation. It has happened in other jurisdictions and other test administrations and if true, the NJ Examiners have several options. They can simply erase that question (or perhaps questions) for everyone, or they can impute the equivalent of a passing score on that question(s) for those applicants whose answers were lost. It has NOT been our experience that the entire test would be invalidated or that applicants would be required to retake the exam, however, that decision is state-specific and will be made by the appropriate bar authorities when and if it is necessary.
When will results come out? The NJ Examiners have continued to say it will be the end of this week and we hope that's correct, however, we would not be surprised to see results held until as late as the middle of December.
We'll let you know when we find out anything further.
Monday, November 14, 2011
Studying for the bar exam on an iPad
One of the things I hear a lot lately are happy, surprised students who are discovering how much they really, REALLY like studying on their iPad with Celebration Bar Review's iBar program. So, when I saw this article last week about why people are excited about learning content on an iPad I wanted to share it with our readers.
I absolutely agree with the author about the novelty, portability and ease of use with tablets but I would add this about the use of an iPad for the bar - it just makes it all manageable.
Anyone who's received the stacks of bar review books and (in the old days, tapes or CDs) knows how overwhelming the process could be. I'm sure that many people took one look at the box and mentally gave up on their studies. The same for those in classroom courses - too much information, too fast and too many distractions. Not a good way to study productively.
Instead, today with our iBar program, everything you need to study for the test is in the palm of your hand. There's even a study guide book built in to the device!
We were the first bar review to put our course online, the first to use iPods, the first to offer tablet apps and of course, the first to put our entire course catalog on the iPad. We're proud of those firsts because they each represent a focus on the student and the learning rather than the marketing and the hype. If you're looking for a course that knows how to integrate technology and teaching, take a look at our offerings. Like our current students, we think you'll be impressed!
I absolutely agree with the author about the novelty, portability and ease of use with tablets but I would add this about the use of an iPad for the bar - it just makes it all manageable.
Anyone who's received the stacks of bar review books and (in the old days, tapes or CDs) knows how overwhelming the process could be. I'm sure that many people took one look at the box and mentally gave up on their studies. The same for those in classroom courses - too much information, too fast and too many distractions. Not a good way to study productively.
Instead, today with our iBar program, everything you need to study for the test is in the palm of your hand. There's even a study guide book built in to the device!
We were the first bar review to put our course online, the first to use iPods, the first to offer tablet apps and of course, the first to put our entire course catalog on the iPad. We're proud of those firsts because they each represent a focus on the student and the learning rather than the marketing and the hype. If you're looking for a course that knows how to integrate technology and teaching, take a look at our offerings. Like our current students, we think you'll be impressed!
Monday, November 7, 2011
20 Hours a Week
We're now less than 4 months from the Feb 2012 exam and this is a time when I encourage students to actively begin their studies. My suggestion is that a Feb student starting now spend between 10-20 hours per week in study at this point.
"I have heard numerous people say the couldn't do law school because
they couldn't "memorize all the cases." When I said that you could sail
through lawschool at the top of your class without knowing the name of more
than a few cases -- Palsgraf, Miranda -- and that you never had to cite them
by name in a test, they probably thought I had smoked my lunch. It is all
about thinking like a lawyer, I tell them, and it is that style of thinking
that makes people hate lawyers."
Why an upper limit of 20 hours? Shouldn't you spend more, cram more, memorize more, stress more? Isn't that what the bar exam is all about?
Not really. It makes for good drama and a few "sympathy rounds" from friends and family but it's really not necessary to spend more than 20 hours a week studying.
And why that top limit? Well, in my experience, most people can manage up to 20 hours of study time ON TOP OF work, family, church, social commitments and such. Go much beyond that number and you're into full time study mode (which is fine for those just graduating from school but unnecessary and unlikely for everyone else). Above 20 hours a week and you'll burn out or something else will have to go (not a good option for children, spouses and employers!).
The good news is that 15-20 hours right now is plenty of study time if you know WHAT and HOW to study. As one of my current students who has passed three other bars wrote to me today:
"I have heard numerous people say the couldn't do law school because
through lawschool at the top of your class without knowing the name of more
than a few cases -- Palsgraf, Miranda -- and that you never had to cite them
by name in a test, they probably thought I had smoked my lunch. It is all
about thinking like a lawyer, I tell them, and it is that style of thinking
that makes people hate lawyers."
He's right. You don't need to memorize for the bar exam either and that's why a "smart" course won't push you to memorize and recite and spend more than 20 hours per week trying to cram it in when it's not necessary. Just something to think about today...
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