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Friday, May 17, 2024

Essay Writing Advice

I always think that essay advice on the bar exam is a bit more subjective than MBE advice, so try out different advice you get from different people. Eventually, you'll hit upon the one that works best for you.

I'd say be wary of anyone who tells you that only their advice is right, and that whatever you've learned elsewhere is wrong. It doesn't seem to me to be so zero sum like that. A piece of advice I'd give (and do give to all my students) goes something like this: If the facts lay out some issue between x and y, try to avoid writing as if you've figured out the answer too quickly. For example, avoid (in the analysis) making an argument as if you're arguing in a closing argument to a jury. "x should win because..." or "y clearly has the better claim here, since..." Rather, get into the habit of: x will claim that.... on the other hand, y will claim that... Wear both hats, be a legal reporter rather than a legal advocate. Both x and y are your clients in a bar exam essay; even though one might have the better case than the other, the other has probably got something. And that "something" is likely to be on the point score sheet. When you're too quick to take a side, it's easy to get into advocate mode, and not only miss issues that would have scored you points, but possibly even try to conceal them because they don't help your case.

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