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TDot’s Tips: “Congratulations. Good luck. Don’t f*ck up.” (or, “I passed the bar! Now what??”)

Posted by T. Greg Doucette on Sep 4, 2013 in TDot's Tips

No, your eyes don’t deceive you — you’re seeing two entries in a one-week period for the first time since I went on a three-posts-in-a-week writing spree way back in January. :D

[Yes, I’m proud of myself. Told y’all I was serious about getting back in the habit of blogging :P ]

Admittedly I’m cheating a smidge on this one (I forewarned you Friday!) since it’s a mostly-copy/paste job of this old TDot’s Tips entry from just after I passed the bar. But I figure it’s a timely rehash since folks got their bar results over the Labor Day weekend, so hopefully you’ll forgive me ;)

So you’ve gone from being a doe-eyed proto-lawyer nurtured in the ivy-covered walls of legal academia for the past three years, and grown into a bona fide at-least-minimally-competent attorney-at-law.1 Now what do you do?

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STEP 1: GET SWORN IN
====================

Oaths are what us lawyerfolk call Serious Business™. For srs. Meaning you need to take one before we’ll allow a non-lawyer to put their life in your at-least-minimally-competent hands.2

To get that done:

  • Grab your ID card and your pass letter from the NCBLE. You don’t actually need your law license to practice law, you just have to meet the qualifications for doing so: passing the bar exam, passing the MPRE, and passing the character and fitness review.3 So as a threshold issue all you’ll need to get sworn in is your letter from the NCBLE showing you passed, and an ID card proving you are who you say you are. Those, and…
  • Grab -3- copies of your oath. You can find the standard oath at this link hosted by the NCBLE; if you’re not comfortable with the “so help me God” part, they’ve also got an alternative oath available here. Why have three copies you ask? Well one of them is going to get time-stamped and filed with the court wherever you get sworn in, and the second is going to get time-stamped and returned to you so you have a copy for your records. The third is optional — but as a stylistic choice I recommend printing that one on nice paper, signing it in blue ink, framing it, and putting it up somewhere in your office as an ever-present reminder of how amazing you are :angel:
  • Pick your county. Now that you’re certifiably at-least-minimally-competent, you can take the oath in any courthouse in the State. Lots of folks pick the county where they’re from so it’s easily accessible for family friends; others pick the county where they’re planning to practice; others like me go where there’s a friendly judge (see below). Some counties will try to push you into participating in their mass swearing-in ceremonies — for example, Cumberland County had theirs today, Mecklenburg has one on September 26th, and Wake has one on September 23rd — but you’re not obligated to do so if you’ve got folks willing to be flexible. Which brings me to…
  • Pick your judge. You can have any judge you want swear you in (as long as he/she agrees of course). In my case, EIC and I got sworn in together in Wake County by our former 2L AAJ trial team coach, the Honorable Judge Vince Rozier. You can go with a District Court Judge, a Superior Court Judge, or if you’ve got high-end connections you can even get someone from the Court of Appeals or Supreme Court. And if you don’t have someone in mind, it’s a great opportunity to introduce yourself to a judge you’ve never met to see if they’d be open to it.
  • Pick your sponsor. Finally, as a matter of local custom, you’ll want an existing member of the bar to introduce you to the court. This is the person who tells everyone how amazing you are4 and how you’re going to use your law license to fight for truth, justice, the American Way, apple pie, mega-corporations, or whatever else suits your fancy. As an example, EIC and I both picked our 3L TYLA trial team coach (the guy in the bottom picture in this entry from the competition in Memphis).
  • Take the oath. You’ll get introduced to the court by your sponsor, given the oath by the judge, then you and the judge will both sign all the copies of your oath document (ideally in blue ink for the framable copy). Take those oaths to the Clerk of Superior Court’s Civil Division, have them file one and return the other two to you, and you’re officially official!

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STEP 2: PAY YOUR TAXES
====================

Being officially official, of course, means you get to pay even more money to various organs of government than you would if you were just some random schmoe trying to start a career.

Specifically, you’ve got a trio to taxes to worry about:

  • Dues to the State Bar. Here in North Carolina, this is a $375.00 fee you have to pay annually to continue practicing law. It’s officially “due” on January 1st each year, but it’s not “late” until July 1st — so basically few first-year lawyers pay it until the summer time.
  • Dues to the District Bar. In addition to your required membership in the State Bar, you’re also required to join a Judicial District Bar here in NC; you can pick from either the District where you live or the one where you work. This is usually $75.00 and whether you get a reprieve before having to pay varies by District. Here in Durham we’re in the 14th Judicial District which, aside from being utterly useless so far as I’ve been able to tell to-date, requires you to pay your District dues before the calendar year is over.
  • My interactions with the Department of Revenue on my "privilege" license/tax

    My interactions with the Department of Revenue on my “privilege” license/tax (click for the full-size version)

    Your privilege license. You’ll generally only need this if you’re practicing law outside of a preexisting firm — basically if you’re going solo, or doing doc review with the inevitable “I’ll only give legal advice to Uncle Bob at Thanksgiving” (otherwise, your employer usually picks up the tab).

    This is a $50-per-year tax levied by the NC Department of Revenue for the “privilege” of being part of certain licensed professions.5 You’ll have to apply and pay for it before you start practicing, otherwise you’ll get hit with a penalty and interest for paying late.

    And honestly you might even get hit with a penalty and interest anyway, just because: that’s the situation I had back in October as part of my long-running “I’m a magnet for every form of government incompetence imaginable” series :crack: Here’s the picture I created for an entry I never wrote. Make sure to appeal in a timely fashion!

There are a few other tax-related items to worry about if you’re planning to open your own firm, but that’s beyond the scope of this entry — for this one I only care about making sure you can practice law without getting thrown in jail for being a tax delinquent.6

I do however, totally coincidentally, have this entry on the cost of going solo where I mention some of that stuff ;)

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STEP 3: GO BACK TO SCHOOL
====================

You didn’t think you were done with classes just because you finished law school, did you?

Now that you’re a lawyer, you’ll have the joy of getting at least 12 hours’ worth of Continuing Legal Education classes every single year for the rest of your practicing life, starting January 1st.

And, just for you as a newbie, there’s a special epically-long CLE called the “New Admittee Professionalism Program” (NAPP) that you’ll need to complete within the first 18 months of practice. Expect to spend $200.00 and two days of your life on that one.

Luckily a good chunk of the material is actually quite useful ( :surprised: ), so I’d recommend knocking it out sooner rather than later. You can find more information about NAPP on the North Carolina Bar Association’s CLE website, and information on CLE obligations in general at the State Bar’s CLE website.

*****

And that’s it! There’s a bunch of other stuff you should do of course — buy malpractice insurance, join some of the voluntary bar associations, sit and observe other lawyers as time permits — but that’s for another blog entry :)

So in the words of one of my mentors after hearing I passed the bar exam: “Congratulations. Good luck. Don’t f*ck up.”

Good night y’all!

—===—

Past TDot’s Tips entries:

  1. *CONGRATULATIONS* by the way! :D []
  2. Random aside: I have no doubt you’re better than minimally competent. At the same time though, isn’t it a little bit scary that minimal competence is all we’re expected by law to provide? More importantly: makes you wonder if the AMA and state licensing boards for physicians use the same minimal competence view of things… :beatup: []
  3. As crazy as it sounds, the NCBLE is the fastest in the nation on delivering bar results but slower than a herd of disabled geriatric snails crawling through peanut butter when it comes to sending out licenses. :crack: You’ll likely get your bar card from the State Bar before your license arrives. The license will be worth the wait though. []
  4. Because no one believes you when you say it yourself. Trust me. ;) []
  5. It’s analogous to City/County-level privilege licenses charged for every other business. []
  6. Just kidding, we don’t have debtor prisons anymore thank goodness. Otherwise I’d have been rotting away in one for a loooooong time… :beatup: []

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2

TDot’s Tips: NC Bar Exam 2012 Postscript (or “Appeals and Oaths and Taxes, oh my!”)

Posted by T. Greg Doucette on Sep 9, 2012 in TDot's Tips

Well now I’m officially official: I got sworn in as a North Carolina attorney Friday afternoon! :D

Taking the oath of office. From left: Judge Vince Rozier, Me (with Eagle lapel pin and Wolfpack Red shirt + silk + socks), Nan, and Hahvahd

The ceremony was put together on short notice (about 20 minutes of text messages exchanged on my way to Charlotte on Wednesday1) but it turned out great, with EIC getting sworn in at the same event, the two of us being presented to the court by our TYLA trial team coach, and our AAJ trial team coach presiding.

Even my grandparents managed to make it down with just a day’s notice :spin:

Amid getting all that set up and executed, I’ve gotten questions from classmates on a few issues and had to find answers to some questions of my own — so I thought it might be helpful to throw it all in this entry in case anyone else needs it.

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APPEALING YOUR BAR EXAM
====================

As some background, last week I noted that NCCU Law’s bar pass rate dropped unexpectedly for first-time test takers to the lowest rate we’ve had in decades. Professors have cited a variety of factors for the drop, some of which are unique to our school2 and others that affect every school to some degree or another.3

One issue I suspect hurt our students more than most was the lack of electricity due to egregiously poor contingency planning by the North Carolina Board of Law Examiners. Here’s why: so far as I know, NCCU Law is the only law school in North Carolina to have a “loaner laptop” program where everyone is issued a laptop as a 1L that they can use until after the bar exam. It’s a great program for a law school whose students skew toward a lower socioeconomic status than, say, our friends over at UNCCH Law.

But after 3 years the laptop batteries can’t hold a charge for more than a few minutes :beatup:

So when the lights went out and laptops started dropping like flies, Legal Eagles were disproportionately affected. The addition of more time helped to mitigate the damage but it’s hard to undo the psychological impact of seeing your electronic work disappear and then having to switch to hand-writing.4

Anyhow, there’s a procedure in place for appealing one’s bar exam results (though you wouldn’t be able to tell from the NCBLE website). If there were ever a set of circumstances warranting an appeal, I think what we went through would qualify. Here’s what you have to do:

  1. Get your scoresheet from the NCBLE. Those are available now, and can be obtained either by calling them at (919) 828-4886 or emailing info [at] ncble.org;
  2. Prepare a letter addressed to Fred P. Parker III, North Carolina Board of Law Examiners, PO BOX 2946, Raleigh, NC, 27602;
  3. Outline the grounds for your appeal, noting for example the impact of the lack of electricity;
  4. Get the letter notarized; and,
  5. Mail it to the NCBLE by September 14th, 2012.5

Bear  in mind, like most appeals, that the odds of success on appeal are very slim. The best appeals will be folks who are at most 1-2 points away from passing and did better comparatively on the MBE than the essays. If they re-review your essays as a result of the appeal there’s an ever-so-small chance you’ll be able to get that last point or two.

If you’re dissatisfied with whatever procedure NCBLE uses for the appeal, your last resort is filing suit in Wake County Superior Court; that process is outlined in the Rules section of the NCBLE website.

***

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GETTING SWORN IN
====================

Information contained on the NCBLE and North Carolina State Bar websites notwithstanding, you don’t actually need your license in order to get sworn in and begin practicing. Judges have judicial discretion to administer the oath if you have met all the requirements for licensure, which will be reflected in your letter from the NCBLE if you passed the bar exam, the MPRE, and the character & fitness check.

If you don’t believe me, consider that Alamance County had a mass swearing-in for their attorneys this past Friday (and you’d have a great as-applied challenge if anyone tried to stop you from doing the same).

Once you’ve got a judge ready to conduct the oath, as a matter of custom you’ll want to find a current member of the bar to present you to the court. Typically your presenter offers a few words about how amazing you are and how you’ll be a great addition to the legal profession. I went with my 2L/3L TYLA coach (who ad-libbed his remarks, noting “I’ve seen the progress in him, from knowing everything, to still knowing everything but being able to work within his limitations to be a successful attorney” :beatup: ).

In addition to having your NCBLE letter on-hand, you’ll also need at least 2 copies of the Oath of Office available from the NCBLE website. And if you’re like me, with a penchant for framing and hanging things, you’ll want at least one (or more) copies of the oath signed in blue ink on nice cardstock for display ;)

After getting the oaths signed by you and the judge, take two copies to the Civil Division of the Clerk of Court’s Office for filing. The clerk should timestamp and file one copy, then timestamp the other copy and hand it back to you for your records.

Once you’ve got that done you’re officially a lawyer! :D

***

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“PRIVILEGE LICENSE” / TAX, MANDATORY CLE, AND INSURANCE
====================

Officially being a lawyer doesn’t mean you’re officially able to practice yet though :beatup:

Turns out being a lawyer is a “privilege” — and the North Carolina Department of Revenue wants their cut. You’ll need to visit the Privilege License / Tax section of the Department of Revenue website, download the form, fill it out, and mail it off to NCDOR with your $50.00 tax payment. You’ll need to renew that license every year before July 1st.

Not to be outdone, you’ve also got a special professionalism CLE you have to complete within your first year of practice. Called the “New Admittee Professionalism Program” (NAPP6), that’ll set you back about $200.00 plus two days of your life.

You’ll also want malpractice insurance, but (thankfully?) I have no clue how much that will cost to include it in this blog entry…

***

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WAIVING IN TO WASHINGTON DC
====================

One last addition for this entry, which is actually one of the few useful snippets of information I retained from the Law Student Division’s “Super Circuit” meeting in Charleston last October: you might be able to get into the District of Columbia Bar without having to take their exam ;)

So far as I know, Washington DC is the only jurisdiction that will let a newly licensed attorney waive in based solely on whether or not he or she scored high enough on the MPRE and the MBE.  You won’t be able to get your actual MBE scores from the NCBLE of course, but you can give them a call and they’ll tell you whether or not you qualify for admission in the other jurisdiction.

First, you’ll have to wait until you get both your physical license from the NCBLE (which should be 4-6 weeks after they mailed your passage letter) as well as your State Bar Identification Number (1-2 weeks after getting your license). Then give the NCBLE a call to see if you qualify for DC admission.

If you qualify, you’ll need to send a written request addressed to Jody Rollins at the NCBLE asking for your score information be transmitted to the DC Bar — along with a $25.00 check for processing :beatup:  You’ll also need to get a Certificate of Good Standing from the North Carolina Supreme Court (which will set you back another $5.00) that you’ll include with your admission packet for DC.

Once you’ve got all that together, go to the DC Bar’s Committee on Admissions website, fill out the application, fire it off and wait a few months for things to get approved.

What’s the point of getting licensed in DC (aside from the cool points for having a multijurisdictional practice)?  Since it’s the nation’s capital, it has reciprocity with more jurisdictions than any other state. So after having an active license in DC for 5 years, you can pretty much waive in to just about anywhere in the country — giving you tremendous mobility for later on in your career. :D

***

That’s it from me for tonight y’all — hopefully at least some of it was useful! Have a great night! :)

—===—

Past TDot’s Tips entries:

  1. Yes I was texting while driving, it’s a very old habit I’m slowly breaking :beatup: []
  2. Efforts to recruit more out-of-state students have led to more of our high-performing students taking out-of-state bar exams not counted in the NC numbers. []
  3. People going in with a defeatist attitude, insisting they weren’t ready for the test, and then proving it to themselves. []
  4. The NCBLE’s dual-score solution — scrapping the afternoon scores and doubling the morning ones — was also of limited benefit when many considered the discarded afternoon topics to be the easier set. []
  5. I haven’t been able to get solid information on when/if there’s a deadline for appeals (the NCBLE got squirrelly when they found out I passed but was still asking questions), but the judicial review portion of the NCBLE’s rules mention twenty (20) calendar days as the timeline for appealing other adverse actions so I can’t envision an exam appeal having to be done any faster than that. Since the NCBLE mailed letters on August 24th, the earliest they could have been received was August 25th — making September 14th the last day to postmark the appeal. []
  6. Surely the homophone was coincidental?… :crack: []

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2

Mission Accomplished (or “T., Esq.”)

Posted by T. Greg Doucette on Sep 2, 2012 in The After-3L Life

It’s a testament to how poorly a job I’ve done updating law:/dev/null that I’m just now posting about something that happened a week ago :beatup:

But I’m officially a minimally-competent lawyer now! :spin:

The North Carolina Board of Law Examiners put folks’ letters in the mail back on Friday 08/24/12 so most people got them last weekend. While mine was in my mailbox, I was at East Carolina University for the August UNCASG meeting where I ran a leadership development workshop I put together a few years ago for student leaders…1 anything to keep myself preoccupied and not thinking about bar results.

I got to the post office on Sunday afternoon, stopped to say a prayer a couple paces before getting to the box, opened it up, and found the NCBLE letter sandwiched in between a fundraising solicitation and a bill. Then I took a deep breath, tore off the right edge of the envelope, pulled out the letter, took a deep breath again, and unfolded it to see…

Unbelievable — I PASSED!

“Congratulations! I am happy to inform you that you have passed the July 2012 North Carolina Bar Examination.”

Right then I had to stop and briefly drop to my knees in prayer, just before following that up with a fist pump and blurting out something that was supposed to sound like “Yeah!” but I’m pretty sure came out more like “yeworilfkjsaszahh!” — thankfully I was the only person in the post office to hear it :beatup:

This also makes it the first year since 2009 that I successfully accomplished all of my New Year’s resolutions. :D

If you happen to be a long-time reader, you might recall back during 1L year I posted this entry with my ’09 and ’10 resolutions — and only managed to accomplish 1 of the 3 for 2010, finishing my tenure as UNCASG President on a high note (while ending 1L year well below the 3.0 GPA I wanted and never even making it to OCS after failing my Physical Fitness Test for the Marine Corps).

I never posted a 2011 entry because I was preoccupied with school at the time, but I only ended up 1 for 3 then too:

  1. “Push my GPA above a 3.0” (which it was, very briefly, before taking an F in ConLaw II);
  2. “Get back in some semblance of shape” (HA! 10 more pounds later…); and,
  3. “Win something” (the only one I finally accomplished this Fall).

Not to be cowed into timidity by my 33% success rate two years in a row, for 2012 I went with the 3 things that were most important to me:

  1. “Graduate with honors” (final GPA: 3.0002);
  2. “Don’t f*ck up my commencement speech” (Yes, that’s actually how I wrote it down. And I think it turned out well.); and,
  3. “Pass the North Carolina bar exam on the first try” (hence this entry).

To say I was surprised would be an understatement. I didn’t think I did bad enough to fail, but I also wasn’t sure I did well enough to pass (especially on the MBE). It’s a huge weight lifted off my shoulders — especially knowing I didn’t disappoint my grandparents.3

The whole occasion has been unexpectedly somber because a good chunk of my friends didn’t make it — NCCU Law‘s pass rate for NC first-time takers dropped to 60% this time :surprised: — but that just means I need to work harder on getting NC SPICE off the ground so I can help support them in February :)

At the very least they too can become big-time real estate lawyers while I toil away in the low-paid non-profit world :beatup:

More to come in the week ahead. Have a great night!

  1. The content and presentation both get good reviews, so if you happen to know anyone interested in hearing it let me know — I love that stuff! :) []
  2. Yes, I quite literally tied the cutoff for graduating cum laude. How incredibly epic is that?? :D []
  3. Nan’s brother’s son (my great uncle I guess?) is a big-time real estate lawyer, a point that apparently has been getting raised fairly regularly over the years as my side of the family has pursued far less lucrative occupations. But said big-time lawyer also failed the bar the first time, saying “Everyone fails North Carolina the first time they take it.” Needless to say Nan is quite tickled that she has a lawyer on her side of the family now and without hitting the “everyone fails” speed bump. ;) []

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8

NC Bar Exam 2012 Postmortem

Posted by T. Greg Doucette on Jul 25, 2012 in The After-3L Life

[CORRECTION (07/28/12): Madame Prosecutor informed me that the +$125 extra that computer users get charged is actually the ExamSoft licensing fee, and not extra cash going to the NCBLE as I surmised near the end of the Day 1 rundown. I’ve left the original blog entry as-is for posterity but wanted to ensure the wrong info was corrected. :) ]

***

And that’s a wrap: after 3 years of law school — including extra summer sessions both summers, plus bar prep every day since graduation — I’m officially done with the 2012 North Carolina Bar Examination! :D

It was also apparently an unprecedented clusterf*ck :beatup:

 

DAY 1: “Electricity? You mean, that’s important?”
Things started out pretty well on Tuesday morning. I had taken Samson down to a pet-sitter in Raleigh on Monday night, checked in to a hotel a few minutes away from the test site, and took the evening to relax.1 As I left my room the next morning2 I saw a guy all the way down at the opposite end of the hall getting ready to leave as well.  I hate waiting for the elevator myself, so I decided to hold the elevator for him. He got on, asked if I had any exciting plans for the day, and when I told him I was taking the bar exam he goes “Just remember, there is no failure. The only failure is not doing it.”

It was a random encounter, but good vibes heading over to the test site. :D

When I got to the NC State Fairgrounds around 7:15am there were already hundreds of other test-takers already lined up at various entrances to the Jim Graham Building, sorted by starting letter of everyone’s last name. I wandered around until I saw some NCCU Law classmates and we waited in line for an hour or so as folks eventually got checked in. Most of our professors were there talking with Legal Eagles in the different lines, including The Chief and our new Dean,3 encouraging all of us not to stress out and to do well. :)

After checking in — and getting fussed at because I had inadvertently kept my NCCU Alumni hat on4 — I found my seat near the back side of the Jim Graham Building and waited through nearly an hour of instructions on the documents we were being given, what needed to get filled in where, and all the other oodles of stuff the NCBLE is required to announce to ensure everything is done fairly (even though most of it was in printed material sent to us before we showed up). Then we got to open our essay packets and get to typing.

The essays were split into four parts, with two parts per session (AM and PM). For the morning session we were tested on:5

  • Civil Procedure:  π files a wrongful death suit against a company on the day the SOL expires, then later amends to add that he’s suing as representative of the estate and names two additional ∆s; lawyer for ∆ company opposes arguing they’re futile due to SOL lapse. Which, if any, of the 3 amendments should be allowed?
  • Contracts:  Underage ∆ (claiming he’s 19) enters into referral agreement with temp employment agency π, who gets ∆ a job as a photographer for a child porn syndicate. Can π recover the referral fee ∆ was due to pay?
  • Evidence (2-part):  ∆ charged with second-degree murder following accident while intoxicated says during interrogation “I’m not drunk”; ∆’s lawyer tries to get the statement in during cross-examination of the police officer, and prosecutor follows up by trying to introduce ∆’s prior DWI to prove malice. Which, if either, of these two items should be excluded?
  • Family Law (3-part):  ∆ and wife separate; wife has 1 child not adopted by ∆ from prior marriage, 2 more children with ∆, and doesn’t work because she and ∆ agreed at time 3rd child was born that she’d be a housewife until child starts kindergarten.  Does ∆ owe support for unadopted child, can he force wife to go back to work to support kids, and what of ∆’s various items of income will be used by the court in determining child support?
  • Professional Responsibility (2-part):  Prosecutor loses bond hearing against defense counsel; within minutes he finds a state statute (partially quoted) after returning to his office, then approaches judge ex parte to ask for new hearing under the statute, and gets original bond reinstated. Did he violate the RPC in asking for the new hearing and/or getting the bond reinstated?
  • Property: Easement on parcel of land recorded 75 years ago; BFP acquired parcel with no mention of easement in deed. Can successors in interest of owner of the dominant tenement enforce the easement?

I finished the first set of essays about 45 minutes ahead of time, then we had a break for lunch until 1:45pm. The law school had a particularly tasty selection of deli sandwiches, sweets, fruits, drinks, and so on. It was unexpectedly good, and filling — I’d been expecting something low-budget in light of the state’s budget cuts but was pleasantly surprised. :spin:

After lunch we all filed back into the warehouse for the afternoon session. In that one we were tested on:

  • Criminal Procedure: DV victim consents to search of apartment for abuser boyfriend; officer discovers marijuana in cigar box under the bed and charges DV victim with possession. Should the cigar box contents be suppressed?
  • Torts: π loses medical malpractice case against doctor. What does he need to prove to succeed in a legal malpractice claim against ∆ lawyer?
  • Constitutional Law: Kelo v. City of New London question; city condemns π’s property under eminent domain as part of economic development project getting turned over to private developer. What are π’s odds of successfully enjoining the condemnation?
  • Agency: President of ∆ corporation enters into contract to buy expensive equipment from π, even though bylaws prevented her from doing so, π knew of bylaws restriction, and Board voted to defer all equipment purchases until next year. Is the contract enforceable?
  • ZombieLaw: Pastor owns rental properties as tenants by the entireties with mentally incompetent wife, joint checking account with right of survivorship with one son, life insurance policy naming both sons as beneficiaries, and modest home; son holding durable power of attorney changes life insurance policy to name himself as sole beneficiary; pastor’s will splits estate between both sons; pastor dies with mountains of debt. Who gets what?
  • Secured Transactions: Creditor 1 finances ∆ company in exchange for security interest in all of ∆’s after-acquired personal property; Creditor 2 finances piece of equipment in exchange for Purchase-Money Security Interest, but doesn’t file a UCC-1 until months later; ∆ defaults on both loans. Who has priority over the piece of equipment?

It was in the middle of this second session when things went to hell in a handbasket testing-wise.

You see, this part of North Carolina has a long-standing history of late afternoon summer thunderstorms — even confirmed scientifically by my alma mater NC State and the State Climate Office back in 2001.6 The day starts out great, then around 4pm the clouds form, you have 20 minutes of the worst rain, wind, and lightning that you’ve ever seen, and then the sun’s out again.

Well in the middle of my ZombieLaw essay the power went out the first time. It lasted for about 7 minutes before things came back on, and the proctor announced that everyone would get an extra 7 minutes of time. I’d ensured my MacBook Pro battery was fully charged the night before the exam so I wasn’t phased by the outage and just kept on working.

Then, as I’m a paragraph away from finishing my Secured Transactions essay around 3:30pm, the power goes out again. And stayed off this time :beatup:

I finished my essay and turned in my forms about 5 minutes later, but found out that night that power stayed out for nearly an hour and folks were given an extra 45 minutes to finish; the essay portion that was supposed to end at 5:11pm stretched out until just before 6 o’clock. Bear in mind no electricity also meant no air conditioning — on a summer day, in 90º+ heat, housed in what is essentially the livestock barn for the State Fair each year. :crack:

Maybe it’s just because I was a computer scientist before I was a law student… but contingency plans for a loss of electricity seems like something you’d have for an event like this. I can only imagine the number of threatened lawsuits that are going to crop up when results are released and people who failed the test argue it was/is because of the stressful testing environment.

Did I mention that the NCBLE makes us pay an extra +$125 to use our laptops? Multiplied by the number of laptop users, that’s well over $100K going to the NCBLE just from laptop users alone. Surely they could drop $5K (or more) on a durable industrial generator. :roll:

After leaving the building I continued my non-diet indulgences by getting Zaxby’s for the first time in ages, went back to the hotel and swam for a bit, then did a hundred practice MBE questions while watching television.

 

DAY 2: “What the hell is that sound? And did that rat just piss on your foot?”
Wednesday was the Multistate Bar Exam multiple choice questions, covering ConLaw, CrimLaw/CrimPro, Evidence, Ks, Property, and Torts in two 100-question chunks. Things started around 8:15am and it was as dull and mundane as 100 multiple-choice questions sounds.

I’d been averaging around a minute per question practicing all summer, and did about the same on the exam wrapping up a couple minutes after 10am. The lunch break was absolutely dreadful the second time around because it was so… @#$%ing… long. It was already slated to last two hours, and me finishing an hour early added to it. Most of the time I was debating whether or not I should do more practice multiples, and didn’t eat lunch until the tail end of the break because I was still full from breakfast.

Oh and I forgot to point out there was a rat running around a quadrant of the testing area in the morning session, that staff captured on the lunch break by throwing a trash can over it :beatup: One of my classmates had the misfortune of it running across (and peeing on) her foot.

Things got back under way just after 2pm for the next batch of questions. Throughout most of the afternoon I kept hearing a loud noise outside, wondering if there was another thunderstorm going on — and turns out there was a wood chipper running full blast for hours. :surprised:

I tuned out the noise and kept grinding on the questions, finished about 3:55pm, then picked up the dog and headed home.7

 

So how did it go?
I have no clue :(

On the essays, I thought they were a lot “easier” than I expected. That word’s in quotes because I have -0- clue if I actually got the answers right; it just wasn’t nearly as difficult coming up with words to put on the paper as it had been during bar prep. I know for sure that I railed the Agency, ConLaw, and CrimPro questions, had only a partial clue on the CivPro and Prof Resp questions, and was somewhere in the middle on all the rest. NCCU Law has a supplemental bar prep program called “Invest in Success” that exclusively focuses on the essay portion of the exam and I’m thinking that was instrumental in getting me prepared.

The MBE, on the other hand, was inordinately difficult across the board.

My practice scores jumped, but the MBE was still far more difficult

My scores had improved dramatically on the practice multiples I’d been taking from BarBri so I went into Wednesday expecting it to be a piece of cake. But wow. I could narrow most questions down to two choices fairly quickly but would have no idea which of the two was correct.

Taking everything overall, and the 60-40 split NC uses on the essays-vs-MBE, if I were a gambling man I’d put my odds of passing somewhere around the mid-60% range. I feel OK but not comfortable. And now I have to find a way to put the test out of my mind for five weeks until we get the results…

That’s it from me for tonight y’all! Now that I don’t have class or studying I’m going to try to get law:/dev/null up-to-date (seriously!) and work on getting NC SPICE off the ground. Thanks to all of you for your support the past couple months, and have a great night! :D

  1. Dropped my diet for a 72-hour window by eating McDonalds, then sitting in the bathtub for an hour reading through some essays and collecting my thoughts, then sleeping. []
  2. After indulging on a delicious breakfast from room service :spin: []
  3. I’ll come up with an adequate nickname for her at some time down the road :) []
  4. Trying to make sure my bald scalp didn’t get sunburned! :beatup: []
  5. I’m using the delta symbol and pi symbol for defendant and plaintiff respectively; these should show up regardless of your browser and operating system, but if they don’t let me know and I’ll revert to D and P. []
  6. They suspect it’s because of the geological makeup of the region. []
  7. Didn’t get to celebrate being done though, because Samson puked shortly after dinner which prompted me to take him to the 24-hour emergency vet. :cry: Instead I got home just after 11pm, ate Bojangle’s for dinner, and working on this blog entry. []

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