Essay Writing Tip

On bar exam essays, don’t give yourself too much of a burden in figuring out how these made up legal issues should ultimately be resolved. If you find yourself taking time to ponder that question like a juror deliberating a case, you’re not strategizing in a way that will earn you maximum points.

Rather, think of yourself as a legal analyst with the job of explaining to the grader how each side will use the relevant legal rule(s) to further their own claims. “X will claim that…” “Y will respond, however, by claiming…” You’ve got to wear both hats in the analysis, as if both sides are paying you to advocate for them. The points will come pouring in. There may be exceptions to this. You can’t make nonsensical arguments just to make them. There are some legal issues (in a subject like Civ Pro, or Evidence, or etc.) that are too straight forward to employ this technique. Can’t argue that y will claim that 1 + 1 = 11. But the secret here is that most bar exam issues are written like moot court arguments. Testing whether people will advocate when appropriate, but also spot and state the weaknesses of their own positions when warranted. Those who do that well knock it out of the park.