<?xml version='1.0' encoding='UTF-8'?><feed xmlns='http://www.w3.org/2005/Atom' xmlns:openSearch='http://a9.com/-/spec/opensearchrss/1.0/'><id>tag:blogger.com,1999:blog-20121008</id><updated>2007-12-07T15:29:35.446-08:00</updated><title type='text'>Phubar</title><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/'/><link rel='next' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default?start-index=26&amp;max-results=25'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default'/><link rel='http://schemas.google.com/g/2005#feed' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml'/><author><name>cd</name></author><generator version='7.00' uri='http://www.blogger.com'>Blogger</generator><openSearch:totalResults>120</openSearch:totalResults><openSearch:startIndex>1</openSearch:startIndex><openSearch:itemsPerPage>25</openSearch:itemsPerPage><entry><id>tag:blogger.com,1999:blog-20121008.post-114808756033276299</id><published>2006-05-19T18:12:00.000-07:00</published><updated>2006-06-11T23:45:13.463-07:00</updated><title type='text'>Suck It, California State Bar Exam</title><content type='html'>&lt;a href="http://www.phoblographer.com/uploaded_images/passedbiatch-777381.JPG"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;" src="http://www.phoblographer.com/uploaded_images/passedbiatch-775331.JPG" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;That's false bravado - 30 seconds ago I was about to shit a brick.  Sorry, shouldn't use words like that.  30 seconds ago, I was about to shit a rock.&lt;br /&gt;&lt;br /&gt;To everyone who has stayed with me through this process - though all of law school and the bar - thank you. I know it wasn't pretty and I wasn't pleasant. But now we can put the whole mess behind us and we never have to worry about it again.&lt;br /&gt;&lt;br /&gt;Unless the website was mistaken and my letter says I failed.  Shit. I want that letter . . .&lt;br /&gt;&lt;br /&gt;I also re-read the screen about 50 times, OCD style, because suddenly I'm not sure I can still read.&lt;br /&gt;&lt;br /&gt;But it's over.  It's over, it's over, it's over.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_05_01_cdsphubar_archive.html#114808756033276299' title='Suck It, California State Bar Exam'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114808756033276299&amp;isPopup=true' title='5 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114808756033276299'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114808756033276299'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114772101810142371</id><published>2006-05-15T12:23:00.000-07:00</published><updated>2006-05-15T12:23:42.310-07:00</updated><title type='text'>The Homestretch</title><content type='html'>[Cross posted from the main page]&lt;br /&gt;&lt;br /&gt;Or continues, depending on how you look at it.&lt;br /&gt;&lt;br /&gt;As of this posting, &lt;a href="http://members.calbar.ca.gov/exam/"&gt;approximately 101 hours and 50 minutes remain&lt;/a&gt; until the Attorney Idol results show.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_05_01_cdsphubar_archive.html#114772101810142371' title='The Homestretch'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114772101810142371&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114772101810142371'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114772101810142371'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114163878528429656</id><published>2006-03-06T01:46:00.000-08:00</published><updated>2006-03-06T01:53:09.730-08:00</updated><title type='text'>Coming Soon: Phubar, The Results Show</title><content type='html'>Well, not too soon, actually . . . .&lt;br /&gt;&lt;br /&gt;Unless especially bar-y things come up between now and the Big Reveal on May 19th, or I suddenly remember anything super-useful or entertaining to share with you about BarBri, PMBR, the exam, or the process generally, and feel like writing it down, I don't expect to post here for the next few months.  I also don't want to rush the results or dwell on their release because that would rush my vacation which would spoil the fun.&lt;br /&gt;&lt;br /&gt;If you're curious about what I'm up to for the next few months, drop me a line at christiana at phoblographer dot com and I'll let you know.&lt;br /&gt;&lt;br /&gt;Otherwise, the last word here for awhile is this: I've read several other sites where bloggers have received good news on the day their results were released. I've also read a few where the bloggers had to suck it up, post that they failed, and discuss their next steps.  I'd really hate to write the latter post.  In fact, I dread it.  So let's just hope I never have to.&lt;br /&gt;&lt;br /&gt;Thanks for reading - we'll see you back here on or about May 19, 2006.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_03_01_cdsphubar_archive.html#114163878528429656' title='Coming Soon: Phubar, The Results Show'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114163878528429656'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114163878528429656'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114102331417226902</id><published>2006-02-27T22:23:00.000-08:00</published><updated>2006-02-28T10:29:04.426-08:00</updated><title type='text'>Plans: things that go according to them, things that go against, and things that aren't</title><content type='html'>So, the plans were simple.  Post-bar, there would be a party, a day off, a party, a bubbly brunch, and back to SF.&lt;br /&gt;&lt;br /&gt;There was a post-bar party - which was great. And a good day off as well.  Then on the way to the next party, my car turned wheels up in the middle of the street, at night, with no lights.  It was FANtastic, let me tell you.  I hoped against hope that it was just a battery thing, but no.&lt;br /&gt;&lt;br /&gt;Guess who's the proud owner of a new alternator and battery?  THIS girl, right here.  Fan-f*cking-tastic.&lt;br /&gt;&lt;br /&gt;Brunch was fully of bubbles today, though.&lt;br /&gt;&lt;br /&gt;At any rate, I'm going to do my best to get back to San Francisco with all my cylinders intact and then be both efficient and relaxed while I'm there just long enough to get my messy belongings under control and myself packed and down to LA to spend time with the fam before leaving for Europe.&lt;br /&gt;&lt;br /&gt;Steve &lt;a href="http://phoblographer.com/phubar/2006/02/i-am-nothing-but-in-good-way.html#comment-114098571034522279"&gt;asked&lt;/a&gt; if this site gets jettisoned now or after the results come back.  I think those are two, too narrow options. Plus, I don't like to think of jettisoning any of my writing.  And the net never forgets anyway, so it'd always be cached somewhere (which is very scary, yes).  This site will be around for awhile, but I would guess at this point that it will be all but silent except for infrequent law/bar related updates.  There may be more Spawn of Phoblog launched soon.  Or there might not.  &lt;br /&gt;&lt;br /&gt;In the meantime, here are some questions I'd love not to answer anymore.  Others who have taken the bar or faced similar challenges will understand why I say this.  I don't want to be a bitch about it, no slinking off murmuring "I vant to be alone."  But I would guess everyone hits these transition points wishing they had a tear-off pad on their chests that would give inquisitors the highlights.  Here, then, are the answers to the top 5 questions I don't feel like answering anymore.  Because there are no answers:&lt;br /&gt;&lt;br /&gt;1.) I felt good about the exam. As good as you can after you block out the MBE.  I felt good enough about enough essays and PTs that, should I fail the bar based on my performance on two essays - or even just one essay - I will be crushed because all that hard work and possible accomplishment on the others was for nothing and will mean nothing at all.  On the other hand, should I fail outright on many essays and the MBEs, I will be equally crushed because it felt okay and if it felt okay and I got mostly questions that felt strong to me, then what happens when they seem hard.  I don't want to fail. I don't want to do it again.  So don't ask how it went, because you'll find out when I do, give or take a few days.&lt;br /&gt;2.) I don't have a job and I don't know what I'm doing.  I believe I will return to Sacramento and look for work like I used to do, because it made me happy and life is too short and too uncertain to waste time doing what you think you "should" be doing.  And yes, I am living in a bubble of my own creation in which I come home and get a job in short order because that's the way it's going to have to work. It just has to.  Student loans start coming due in June.&lt;br /&gt;3.) I don't know.  I'm going and we'll see.  As with points 1 and 2, this is out of my control.&lt;br /&gt;4.) Yes, I'm going for that long.  I know it's unnatural for Americans, but seriously, don't you wish we operated that way?  I do.&lt;br /&gt;5.) Phoblographer* will still exist.  As for this site, it will stay up until the bar process is complete and then we'll figure out what might happen to it next.  And, by way of a teaser, in the words of a great old Jedi: there is another . . . .</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114102331417226902' title='Plans: things that go according to them, things that go against, and things that aren&apos;t'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114102331417226902&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114102331417226902'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114102331417226902'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114102387650463103</id><published>2006-02-26T23:04:00.000-08:00</published><updated>2006-02-26T23:04:36.523-08:00</updated><title type='text'>Applying law to facts</title><content type='html'>This is true: &lt;a href="http://www.dailybreeze.com/news/articles/2371796.html"&gt;'The law of the sea is finders keepers'&lt;/a&gt;.&lt;br /&gt;&lt;br /&gt;But not in all countries, mind you.  I think it's an excellent summary of the American ideology.  In most other countries, what you find in the sea is the queen's or the state's.  Here, it's all mine mine mine, just like those seagulls in Finding Nemo.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114102387650463103' title='Applying law to facts'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114102387650463103&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114102387650463103'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114102387650463103'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114074409793321503</id><published>2006-02-23T17:19:00.000-08:00</published><updated>2006-04-18T08:25:00.290-07:00</updated><title type='text'>Well, that's over</title><content type='html'>Fin.&lt;br /&gt;&lt;br /&gt;This afternoon's PT assignment was to draft an appellate mediation brief.  No big thang. Except the facts were really ungood for our client. So it was an exercise of how well can you bullshit for your client.  Hopefully, I can bullshit well enough.  &lt;br /&gt;&lt;br /&gt;It's all in someone else's hands now.&lt;br /&gt;&lt;br /&gt;The only thing I want in my hands is a brandy manhattan. Then a cosmo.  Then a beer. Then some more . . . .&lt;br /&gt;&lt;br /&gt;Off to chops.  And the rest of my life.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114074409793321503' title='Well, that&apos;s over'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114074409793321503&amp;isPopup=true' title='2 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114074409793321503'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114074409793321503'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114072670593266574</id><published>2006-02-23T12:21:00.000-08:00</published><updated>2007-02-02T06:27:10.486-08:00</updated><title type='text'>Lucky Was A Lady</title><content type='html'>Question 4: Civil M'F-ing Procedure!  Personal Freakin' Jurisdiction and Res Judicata and Collateral Estoppel.  Booyah.  My knowledge of nonmutual offensive collateral estoppel buzzwords might still have been inadequate, but all in all, absolute best thing to face first thing this morning.&lt;br /&gt;&lt;br /&gt;Question 5: the fabled Contracts/PR crossover.  Better than a straight PR question in some regards, but the first contract interog, usually one of my stronger subjects, was a bit of a head-scratcher today.  If I lost here, it will be for lack of proper answer organization and a unwarranted bungling of the law. I may have pulled enough out of my ass and tossed in enough headings to salvage.  The PR component? Well, despite re-reading those outlines many times, still never really stuck or grasped the best plan of attack with a K crossover.  Here, a lawyer represented his client's business legal matters and then contracted with her - maybe - to sell some goods via his independent surplus sales business.  The agreement gets all mucked up, he pockets some profits he probably shouldn't have.  Discuss.  I did, to the best of my abilities. But only time will tell if I'm ethical enough for their purposes.&lt;br /&gt;&lt;br /&gt;Question 6: Criminal Procedure with a dash of criminal law (imperfect defense of others - hmm, I didn't use the word "imperfect" come to think of it.  And I think it was imperfect, anyway, whatever).  Deft assaults and batters a cop arresting his friend.  He gets nabbed the next day by cop acting under a precise description from the assaulted officer. She arrests and finds coke in his pocket (the kind in a baggie, not a bottle, natch).  Suppressed or in?  Then she Mirandizes and he says no lawyer no talkie.  He's stuck in a line-up, no counsel present, but THEN is charged.    ID in or out?  The next day cop re-Mirandizes, gets waiver, and interrogates. He cops to cop beating.  In or out?  So on parts 1 -3 we got your 4th, 5th, 6th, and 14th Amendments and the exclusionary rule and the exceptions to warrantless searches, etc.  Part 4 was whether he got that defense of others thing right.  My answer: I don't know, but I filled two grafs with my best guess.&lt;br /&gt;&lt;br /&gt;So for those keeping score at home:&lt;br /&gt;&lt;br /&gt;Good: Questions 1, 4, and 6; PT 1&lt;br /&gt;On the fence: Questions 2, 5&lt;br /&gt;Icky feeling in the tummy: Question 3, MBEs&lt;br /&gt;&lt;br /&gt;The worst thing would be to feel amped now but fail in the end because it means even when things break your way, they don't.&lt;br /&gt;&lt;br /&gt;One more session left, nothing to do for it but show up and bring the 1440 game.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114072670593266574' title='Lucky Was A Lady'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114072670593266574&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114072670593266574'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114072670593266574'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114071177881963963</id><published>2006-02-23T08:16:00.000-08:00</published><updated>2006-02-23T08:22:59.640-08:00</updated><title type='text'>A: Flap flap flap</title><content type='html'>Q: What is the sound of one girl winging it?&lt;br /&gt;&lt;br /&gt;It's 8:19am.  Across the street, they've just opened the doors to the examination hall.  I'll leave here in a few minutes, get set up, and breathe deeply until it starts.  And then until it finishes.&lt;br /&gt;&lt;br /&gt;The rooms in which the exam is administered are the very same in which John Kerry spoke all those conventions ago, before he was the nominee.  I remember thinking that I liked him.  He was funny enough. He made a joke about his prostate.  Gotta love prostate jokes.  I thought, yeah, okay, I could back this guy.&lt;br /&gt;&lt;br /&gt;The next day, Howard Dean spoke in front of general session and I had found my pony.&lt;br /&gt;&lt;br /&gt;I find myself wondering each day if it's a good omen or a bad omen that the test is held where it is.  Kerry lost, but overall, I won by leaving school and working for him.  Leaving school is what landed me in Sacramento for this particular sitting of the Bar anyway - so I guess there's some kind of circular harmony there.  Or something.&lt;br /&gt;&lt;br /&gt;That or the room has a loser's aura and we're all doomed.  Do they report passage rates by city?&lt;br /&gt;&lt;br /&gt;It's 8:22am now.  It's time to go.  Best case scenario: Civil Procedure (PJxn and/or SMJxn, but no preclusion issues, please); Evidence; Crim Law/Pro (even though I don't feel solid on it).  Worst case: CP again, PR on two questions, and Corp because it's the issue I know most thoroughly and thus am least capable of answering in Barese.&lt;br /&gt;&lt;br /&gt;8:24am.  Almost there . . . .</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114071177881963963' title='A: Flap flap flap'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114071177881963963&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114071177881963963'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114071177881963963'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114067709011136412</id><published>2006-02-22T22:43:00.000-08:00</published><updated>2006-02-22T22:44:50.113-08:00</updated><title type='text'>Ding!</title><content type='html'>Law &amp; Order really does help:&lt;br /&gt;&lt;br /&gt;Judge: Doesn't res judicata bar this claim?&lt;br /&gt;&lt;br /&gt;Cute Girl ADA: No your honor, Mr. Blah blah was not a party to the first action.&lt;br /&gt;&lt;br /&gt;Ha!  Watch me learn.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114067709011136412' title='Ding!'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114067709011136412&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114067709011136412'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114067709011136412'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114067694849688834</id><published>2006-02-22T22:28:00.000-08:00</published><updated>2007-01-11T14:26:59.686-08:00</updated><title type='text'>Schrodinger's Exam</title><content type='html'>I was surprised to wrap up today's afternoon session of the MBE and feel not-exhausted.  Don't get me wrong, I was tired, but I think I felt more spent last night than tonight.&lt;br /&gt;&lt;br /&gt;But what I do feel tonight is fear.  Pure, unadulterated fear.&lt;br /&gt;&lt;br /&gt;It came on towards the end of dinner.  And then it smacked me upside the head.  Hard.&lt;br /&gt;&lt;br /&gt;Back at the hotel, I grabbed my stack of outlines and collapsed onto the bed.  The subjects ballooned in my hands and suddenly what was a reasonable number of subjects and magic words became an unreasonable amount of stuff I just don't know.&lt;br /&gt;&lt;br /&gt;See, I might have lost the game already.  That question 3 had a lot of holes in it, I know that.  Or the MBEs - they've always been a weakness.  I score the same all the time, within a few questions, but that margin could lose it for me too.  Or maybe I am passing right now - but I fumble tomorrow.  So we don't know what will happen.  What's the state of the exams in the box?  Too many chips, too many places for them to fall.  And suddenly, it seemed insurmountable.&lt;br /&gt;&lt;br /&gt;I read over the outlines and things just kept getting worse.  Then, I stopped.  I didn't stop reading, just stopped panicking.  Sort of.  Enough.   I hate that I can't even even discount what's already been tested.  I hate that there will probably be a PR question.  I hate that all three of tomorrow's questions could make me feel like question 3.  I hate that in a few months, everyone who comes to celebrate with me tomorrow night might know that I didn't pass.  I hate that I might know that I didn't pass.  I hate that the results come out on the first night of my college reunion.  I hate that my boyfriend isn't here. I hate that I am letting myself run on like this when this is, honestly, just another goddamn test that only says anything about me because I'm letting it - because I elected to let it - because I &lt;em&gt;paid&lt;/em&gt; them to let it.  This isn't me.  I was really enjoying being me for the last 8 months or so and I don't like moving away from that standard again.&lt;br /&gt;&lt;br /&gt;Phew.&lt;br /&gt;&lt;br /&gt;But tomorrow is coming.  There are just 3 hours of bad stuff left and then 3 hours of stuff for which I can't study.&lt;br /&gt;&lt;br /&gt;So I'll sign off.  I hope to look back on this post someday and laugh at myself for being so worried. I hope, I hope, I hope.&lt;br /&gt;&lt;br /&gt;I'm going to watch the end of a Law &amp; Order re-run now.  Because that's just like studying.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114067694849688834' title='Schrodinger&apos;s Exam'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114067694849688834&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114067694849688834'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114067694849688834'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114065832287912698</id><published>2006-02-22T17:28:00.000-08:00</published><updated>2007-01-30T18:09:17.203-08:00</updated><title type='text'>A lotta Ds</title><content type='html'>At one point, somewhere around question 158 or so, I looked at my answer sheet and thought, "whoa, lotta Ds there."  Then I wondered if there really were that many Ds. I mean, when you're bubbling in the third D in a row it's like, sheesh, another D? What if it isn't a D. I mean, 3 Ds in a row? Why? What if this one is B?  But what if this one is D and the last one was A?  Crap, that's a lot of Ds.  Must not all be correct. I mean, I know they aren't &lt;em&gt;all&lt;/em&gt; correct, but still.  That's a lot of Ds. Unless it's intentional. They made a bunch of Ds just to mess with our heads.&lt;br /&gt;&lt;br /&gt;First thing I hear upon leaving examination room:&lt;br /&gt;&lt;br /&gt;Unknown guy to other unknown guy: "Seemed like there were a lot of Ds."&lt;br /&gt;Other unknown guy in response: "Yeah, like in the 150s, just noticed a bunch of Ds."&lt;br /&gt;&lt;br /&gt;So that either means I'm okay.  Or I'm as fucked as those unknown guys, but just in a similar way.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114065832287912698' title='A lotta Ds'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114065832287912698&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114065832287912698'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114065832287912698'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114064076228305296</id><published>2006-02-22T12:37:00.000-08:00</published><updated>2006-02-22T12:39:22.283-08:00</updated><title type='text'>Bringing my A game. And my B, C, and D games as needed</title><content type='html'>I HATE the MBE.  Seriously, it's such a pile of poo.  Not to mention, everytime I bubble in an answer, I wonder if it's the one wrong answer that prevents me from getting to that magic 1440.&lt;br /&gt;&lt;br /&gt;I can almost see the dots rearrange themselves to spell out "July" on the answer sheet.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114064076228305296' title='Bringing my A game. And my B, C, and D games as needed'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114064076228305296&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114064076228305296'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114064076228305296'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114057271740958873</id><published>2006-02-21T17:44:00.000-08:00</published><updated>2007-01-17T01:23:52.336-08:00</updated><title type='text'>Oh - and a reminder</title><content type='html'>All friends, fans, and non-dangerous stalkers are welcome to join the crew at Chops on Thursday evening.  But you really should RSVP if you can (email me), just to be polite to party planners Amanda and Crystal.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114057271740958873' title='Oh - and a reminder'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114057271740958873&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114057271740958873'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114057271740958873'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114057246714591083</id><published>2006-02-21T17:29:00.000-08:00</published><updated>2006-02-21T22:47:09.810-08:00</updated><title type='text'>The bar equivalent of the 1L year is now over</title><content type='html'>My hands are shaking considerably as I type this.  Not from fear, just from fatigue.  The 50 yard dash that was the last 30 seconds of this afternoon's performance test left my head spinning, my cheeks flushed, and my stomach muscles feeling the lactic burn usually reserved for marathon training.  The first day of marathon training.&lt;br /&gt;&lt;br /&gt;Now, I'm back where I belong - at PMB, the bar in the lobby of the Sheraton Grand Hotel.  I should note here, for later discussion, that the Sheraton has been less than grand in the service department thus far.  But I'll be speaking with them prior to the final settling of accounts, I assure you.  As one would expect during on a weeknight when the Legislature is in session - it is in session, right - and a thousand ever events are going-on, the lobby here is packed with people who look much more civilized than I do at this point, in my jeans, CMC shirt (Go Stags!) and black fleece.  I can't help but look longingly at the smartly dressed young women who look like their doing what I'd rather be doing: that is, not taking the bar, being gainfully employed, rocking the cute spring/transitional fashions, and networking.  Soon . . . . soon . . . &lt;br /&gt;&lt;br /&gt;Ah - but the part you've been waiting for: so how the hell was today?&lt;br /&gt;&lt;br /&gt;Verdict: Good.&lt;br /&gt;&lt;br /&gt;My first thought upon reading the task memo for this afternoon's performance test was "dear god, let this be the PR component of the exam."  The issue was potential disqualification due to an attorney's alleged violation of the applicable ex parte communication prohibition.  I probably should've thrown in a paragraph about that disqualification being either imputed to the rest of the firm or not, but I don't think that will lose me a lot of points - if any.  It was a clear set of facts and a clear library of only two cases.  In short, it was a walk in Capitol Park compared to the unholy terrors included in BarBri's PT book.  &lt;br /&gt;&lt;br /&gt;This mornings essays would worry me more if I had any energy left to worry about them.  But all-in-all, I can't say that I thought it was horrible.  I won't say I think I passed because I'm Catholic and we don't say things like that unless we want to fail.  But it could've been much, much worse - and it might still be worse.  There's still two days left.  And tomorrow is the MBE.  It's the final showdown between a blogger and her nemises: 200 poorly constructed, ambiguous, idiotic multiple choice questions. Should be a ball.  I'm more concerned about the exhaustive effect of the MBEs on Thursday's performance than I am about the substance of Thursday's questions.&lt;br /&gt;&lt;br /&gt;But for now, I've adequately informed you all about the day and now shall return to my brandy manhattan, up (fuck yeah, I'm having A drink, you would too, trust me).  There may or may not be a nice dip in the hot tub for me later. And then there's Idol and ice skating (oh if ONLY they were combined).  But between now and then, I have to find somewhere in Sacramento to eat dinner that I a) love and b) is least likely to be selected by a significant number of fellow examinees.&lt;br /&gt;&lt;br /&gt;Perhaps something in Modesto?</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114057246714591083' title='The bar equivalent of the 1L year is now over'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114057246714591083&amp;isPopup=true' title='1 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114057246714591083'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114057246714591083'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114055424263064564</id><published>2006-02-21T12:30:00.000-08:00</published><updated>2006-02-22T05:00:09.486-08:00</updated><title type='text'>Well, that part's over</title><content type='html'>Okay, fair to mild.&lt;br /&gt;&lt;br /&gt;Question one: Products liability. My least, uh, good area of torts, but do-able.  Probably caught most of what I needed to. Worked in most if not all of the facts.  &lt;br /&gt;&lt;br /&gt;Question two: Wills? Community Property?  Both?  Tim divorces Anna.  They try to get back together, but don't. He leaves his property to his best friend, Anna.  Unbeknownst to Tim, Anna has their extramarital child, Fred. Tim marries Beth. She signs prenup disclaiming all interest in his estate but - ding! - has no advice from counsel before she signs 2 days before the wedding.  They have a kid, Sarah.  Tim dies leaving $400k CP house and $90k SP cash.  Everyone wants stuff, who gets what?  We got your pretermitted spouse and kids (and if that's not how that's spelled, bummer for my grader).  So there's that question.&lt;br /&gt;&lt;br /&gt;Then we get to question three.  Three, not so much a magic number today.  Real property, landlord/tenent, sublease, an action for waste, a fixtures issue with a subleasee AFTER the lessor is out of the picture, action for ejectment, and a zoning board's refusal to grant a variance that I &lt;em&gt;think&lt;/em&gt; was either a Con Law question or my ticket to the July exam.  Only time will tell.  Or maybe some consensus from a representative number of fellow test takers, with who I don't wish to speak, yet.&lt;br /&gt;&lt;br /&gt;Am, in fact, seated in row 1, seat 1, on the edge.  Prime real estate.  Number 2 is next to me - nice girl, no offensive habits, so that's good.  And here we are, back for lunch, sans computer which I was forced to leave there.  Phooey. Am typing on a Mac.  Difficult.&lt;br /&gt;&lt;br /&gt;Time to eat, get ready for PT, and promise of post-exam hot tub.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114055424263064564' title='Well, that part&apos;s over'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114055424263064564&amp;isPopup=true' title='1 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114055424263064564'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114055424263064564'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114053737694395311</id><published>2006-02-21T07:55:00.000-08:00</published><updated>2006-02-21T09:51:11.716-08:00</updated><title type='text'>Time to make like a bird . . . .</title><content type='html'>and wing it.&lt;br /&gt;&lt;br /&gt;It can't be over until it gets started. So here goes.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114053737694395311' title='Time to make like a bird . . . .'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114053737694395311&amp;isPopup=true' title='1 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114053737694395311'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114053737694395311'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114050420888846623</id><published>2006-02-20T22:41:00.000-08:00</published><updated>2007-01-17T08:08:31.906-08:00</updated><title type='text'>Oh dear god</title><content type='html'>That test is tomorrow, isn't it . . . .</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114050420888846623' title='Oh dear god'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114050420888846623&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114050420888846623'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114050420888846623'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114047337259710962</id><published>2006-02-20T14:05:00.000-08:00</published><updated>2006-02-20T20:13:50.913-08:00</updated><title type='text'>Sacramento: Monday, 2:04pm</title><content type='html'>So, here we are.  All checked in and ready to . . . sit on the bed contemplating the next move.  I should study.  Where?  I've always enjoyed the lobby bar here.  Probably shouldn't be drinking, should I.  Could have a Shirley Temple, those are always good. Study down there anyway.&lt;br /&gt;&lt;br /&gt;The first thing I saw in the lobby was a sign welcoming the YMCA.  Crap, I thought.  Fortunately, the Y&amp;G kids checked out today.  I love them, but I would've had to kill some, I'm sure.&lt;br /&gt;&lt;br /&gt;I asked the bell hop how long I could leave my car in the loading zone out front.  He said about 30 minutes because they were expecting two tour buses.  Two tour buses full of NBA players, that is.  Yup, just me and the Warriors here at the Sheraton Grand.  Next week, would've been the Lakers.  Bummer.&lt;br /&gt;&lt;br /&gt;It's either the lobby bar or Naked Lounge for me now.  Can't decide which. This decision shouldn't be that hard.  But it is.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114047337259710962' title='Sacramento: Monday, 2:04pm'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114047337259710962&amp;isPopup=true' title='2 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114047337259710962'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114047337259710962'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114042317287147792</id><published>2006-02-20T00:12:00.000-08:00</published><updated>2006-02-20T18:53:51.143-08:00</updated><title type='text'>Thinking ahead</title><content type='html'>There's no Labor Day in Europe, right?&lt;br /&gt;&lt;br /&gt;And if not, how do I know when I can wear white?</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114042317287147792' title='Thinking ahead'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114042317287147792&amp;isPopup=true' title='1 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114042317287147792'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114042317287147792'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114041419427684592</id><published>2006-02-19T21:32:00.000-08:00</published><updated>2006-09-07T16:59:13.900-07:00</updated><title type='text'>The Twighlight Zone Of Danger</title><content type='html'>Everyone's a bookie in the days leading up to the bar.  Everyone has looked at the frequency charts, the news, the trends, and everyone has an opinion about what is more or less likely to be on the exam.&lt;br /&gt;&lt;br /&gt;This goes double for BarBri instructors, of course.  And they all disclaim up one side and down the other, of course.  Really, they should keep their mouths shut because no matter how often they say "now this is just a guess," they know their audience is so desperate for ways to pare down the pile of necessary rules they'll jump on any hint of unscientific probability.  One of my friends spent most of last week telling me not to spend so much time on Community Property because it just won't be there. It always goes W/T, CP, W/T, CP and summer was CP, see?  &lt;br /&gt;&lt;br /&gt;No thanks.  I don't play like that.&lt;br /&gt;&lt;br /&gt;And today, two of my closest friends offered support but not luck because luck has nothing to do with it.&lt;br /&gt;&lt;br /&gt;Except, well, doesn't it?&lt;br /&gt;&lt;br /&gt;The test is written and printed and waiting to be administered.  Whatever is covered is covered.  And for some takers, the questions will break in their favor.  For others, they won't.  So a measure of luck definitely figures into performance.&lt;br /&gt;&lt;br /&gt;I've been joking since the start that the only law we know will be there on Tuesday is Murphy's.  Whatever subject you hoped against hope wouldn't appear will be there.  The monsters will have crawled out from under the hotel bed, followed you to your convention center, and planked themselves onto your exam booklet.  But not EVERYONE's soft spot can be tested, can it?&lt;br /&gt;&lt;br /&gt;I wonder if everyone's test is different.  Not really, no.  But, well, see I remember this Twighlight Zone episode where a group of reporters were looking at an airplane.  Each one saw a different plane, though.  The numbers on the tail were different, etc.  I wonder what my plane will look like?&lt;br /&gt;&lt;br /&gt;Probably another reason to keep the lip zipped about the substance of the exam after each component.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114041419427684592' title='The Twighlight Zone Of Danger'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114041419427684592&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041419427684592'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041419427684592'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114041325098679548</id><published>2006-02-19T21:14:00.000-08:00</published><updated>2006-02-19T21:27:31.013-08:00</updated><title type='text'>Worst Case Scenario</title><content type='html'>Well, the question I referred to in the next post down is the worst case scenario.&lt;br /&gt;&lt;br /&gt;The worst that can happen during the bar:&lt;br /&gt;&lt;br /&gt;-Question 1 is on real property and involves free hold estates. The word "destructability" is in it.&lt;br /&gt;&lt;br /&gt;-Question 2 is a Wills/Trusts question with an emphasis on Trustee duties.&lt;br /&gt;&lt;br /&gt;-Question 3 is on Community Property.&lt;br /&gt;&lt;br /&gt;-The first performance test requires a "case plan."&lt;br /&gt;&lt;br /&gt;-Question 4 is a procedural due process question.&lt;br /&gt;&lt;br /&gt;-Question 5 is a professional responsibility question that requires knowledge of the differences between ABA Model Rules and Code.&lt;br /&gt;&lt;br /&gt;-Question 6 is a defamation question that somehow brings in questions of nuisance, products liability, and the rules governing the admission of character evidence in civil trials.&lt;br /&gt;&lt;br /&gt;-Performance Test 2 is another PR related issue requiring some bullshit, unknown task.&lt;br /&gt;&lt;br /&gt;So that's as bad as it gets for me. And I can muddle through it.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114041325098679548' title='Worst Case Scenario'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114041325098679548&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041325098679548'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041325098679548'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114041171384522058</id><published>2006-02-19T20:36:00.000-08:00</published><updated>2006-02-19T21:12:09.903-08:00</updated><title type='text'>Judicially note this</title><content type='html'>It would be great if there were some indication of exactly what knowledge we a) are supposed to have or b) are presumed to have.&lt;br /&gt;&lt;br /&gt;The SATC way of explaining the point of this post: in the courts, a judge can take judicial notice of notorious facts verifiable by independent, accurate sources. But in the court of life, how do we know what we know?&lt;br /&gt;&lt;br /&gt;Two cases in point:&lt;br /&gt;&lt;br /&gt;1.) This is what the BarBri essay book says about what the bar examiners expect you to know for professional responsibility questions. I will add snark in blue, where appropriate:&lt;br /&gt;&lt;br /&gt;&lt;blockquote&gt;The rules of professional responsibility tested on the California essay exam come from a variety of sources: the ABA Model Rules, the ABA Model Code, the California Rules (partly based on ABA rules, ABA Code, and partly on a prior set of California rules), relevant portions of the California Business and Professions Code, and leading federal and state case law.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#3333ff;"&gt;Why does the ABA get two bites at this apple, exactly? And the Model Code is so over. Everywhere. Except where it's the basis for California law, apparently. And again, this information begs the question: I'm taking the exam to be licensed in California, no? So what the f*ck do I care what the ABA thinks I should do - or what I should have done 20 years ago under the no-longer-applicable Model Code - when I'm practicing law here? My malpractice insurer will probably require a higher standard to maintain coverage anyway.&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;The ABA Model Rules represent the modern majority view while the ABA Model Code represents the minority view.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#3333ff;"&gt;Right, so, why clutter the mind again?&lt;br /&gt;&lt;/span&gt;&lt;br /&gt;If the question instructs you to apply a specific set of rules, then do so.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#3333ff;"&gt;Thanks for that.&lt;br /&gt;&lt;/span&gt;&lt;br /&gt;If you are directed only to discuss "ethical violations," apply the ABA Model Rules, along with any relevant California rules and calse law.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#3333ff;"&gt;That means, by the way, discuss all rules completely inapplicable in California, rules that might have once been applicable, what's now been deemed applicable, and a bunch of other crap totally irrelevant to the question, but expected so you can make sure PR fulfills it's other acronym-erific role on the exam: Public Relations. Look! I'm ethical. I'm ethical!!! This whole subject area can be boiled down to a simple principle: If you have to ask [you probably shouldn't be doing it]&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;Unlike the Multistate Professional Responsibility Examination ("MPRE"), you are not responsible for rules governing judicial conduct, although these rules are discussed in your BarBri Professional Responsibility outline.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#3333ff;"&gt;Why, I almost forgot! Wasn't I already made to take a pricey, bar-mandated standarized test to prove my understanding of professional ethics? And didn't I pass that test? If you answered "yes," you're correct. In fact, you can't be licensed without passing the MPRE. But why let that stop us from showing the word how good'n'ethical we really are. Let's test it on the Bar too - with even less direction and with even more stuff around it to distract us!&lt;/span&gt;&lt;/blockquote&gt; Then there's the sample question in the book that begins the interrogatories with "Under the ABA Model Rules and the ABA Code of Professional Responsibility" and ends with "Note: please answer according to California law as well."  Grrrrrr.&lt;br /&gt;&lt;br /&gt;The inclusion of this subject - and the way in which it is included - makes as much sense as my Hastings PR class, which I took the semester before the ABA released a new set of Model Rules still test me on the about-to-be-irrelevant Rules AND the about-to-matter rules.  Fantastic!&lt;br /&gt;&lt;br /&gt;2.)  Then there was the horror that was July 2003, Question 2 - labeled a Remedies question.  After a recitation of facts that implied a property or perhaps contract question with even a hint of tort or criminal law, the call of the question asked what remedies "based on trust theories" might the actors pursue.  "Trust theories?" I thought. "Holy sh*t, this is a trusts question?"  Always the sound voice of reason and calm, the BarBri commentary offered this helpful advice for handling the question:&lt;br /&gt;&lt;br /&gt;&lt;blockquote&gt;Be sure to drink your Ovaltine.&lt;/blockquote&gt; Oh wait, just kidding.  That's what the Performance Test guy's advice was. What the book really said was:&lt;br /&gt;&lt;br /&gt;&lt;blockquote&gt;This question illustrates the importance of knowing every aspect of the law.  While at first glance, resulting and constructive trusts may not seem to be a very popular or recurring bar subject, this question required a detailed knowledge of the area.  This bar question reaffirms the need to be prepared in all areas.&lt;/blockquote&gt; OH DOES IT?  DOES IT REALLY? SO YOU'RE SAYING ALL I NEED TO KNOW TO BE PREPARED IS &lt;strong&gt;EVERYTHING&lt;/strong&gt;?  I mean, c'mon.  You wrote this damn book KNOWING that the trusts lecturer wasn't going to cover "Purchase Money Resulting Trusts," etc. I'm not saying I expected you to get every nuance of every conceivable area of testing into us in just a few weeks.&lt;br /&gt;&lt;br /&gt;I mean, Jesus Mary and Joseph, who says stuff like that?  &lt;br /&gt;&lt;br /&gt;Time for me to go mix up some Ovaltine. Down the hatch!</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114041171384522058' title='Judicially note this'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114041171384522058&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041171384522058'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041171384522058'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114041019087826456</id><published>2006-02-19T20:33:00.000-08:00</published><updated>2006-02-19T20:36:30.893-08:00</updated><title type='text'>Two thoughts during lunch</title><content type='html'>- If they let you bring extra materials into the exam, would everyone's desk look like a church picnic table on bingo night?  Am I disadvantaged if I don't have a lucky troll?&lt;br /&gt;&lt;br /&gt;- There's a guy over there with a shirt that says "Your retarded."  My first thought: that's not the correct form of "your."  My second thought: ah, well, that's confirmed.</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114041019087826456' title='Two thoughts during lunch'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114041019087826456&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041019087826456'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114041019087826456'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114033307343111982</id><published>2006-02-18T22:59:00.000-08:00</published><updated>2006-02-18T23:13:00.243-08:00</updated><title type='text'>Perfect</title><content type='html'>&lt;a href="http://phoblographer.com/phubar/uploaded_images/DSCN4574-735640.JPG"&gt;&lt;img style="float:right; margin:0 0 10px 10px;cursor:pointer; cursor:hand;" src="http://phoblographer.com/phubar/uploaded_images/DSCN4574-732012.JPG" border="0" alt="" /&gt;&lt;/a&gt; Roomie B has impeccable taste in bar gifts.  She surprised me today with these fabulous DVDs.  I didn't even know about these &lt;a href="http://video.barnesandnoble.com/search/results.asp?quickSearchType=TTL&amp;quickSearchText=Sex+and+the+City+Essentials&amp;btob=Y&amp;cds2Pid=1681&amp;linkid=620919"&gt;SATC editions&lt;/a&gt;.  Each of these three is dedicated to a particular topic close to the show's heart: Breakups, Lust, and Romance.  Breakups features the classic "The Post-it Always Sticks Twice."  Romance has two of my all-time favorite episodes, "Hop, Skip, and a Week" when our Charlotte reunites with Harry and the perfect series finale.  B thought the DVDs would be good for post-exam cool-downs.  Definitely smart thinking.  When I get a job or rob a bank I think I'll buy the big, fancy &lt;a href="http://video.barnesandnoble.com/search/product.asp?ean=26359866128&amp;userid=Wl5Y2vjA9q&amp;btob=Y&amp;frm=0&amp;itm=1"&gt;complete series DVD set&lt;/a&gt;.&lt;br /&gt;&lt;br /&gt;I didn't start out liking the show.  I think I disliked it for two reasons.  One, liking it would be akin to laughing out loud at Friends (which is only acceptable for like two episodes of that show, possibly just one - the "moo point" episode because I like the "moo point" joke).  Two, the first time I started watching the show regularly was during Season 3 when, let's face it, the girls were pretty repugnant.  Okay, that's a strong word, but I didn't find much to like about them during those middle years.  Going back to the start and watching the character development, however, led me to love the show.  The last few seasons, especially, display more heart and less callousness.  And by Season 6, they all look and act their best.  The show might also have the best series finale ever.  Which I now, as mentioned, have on DVD.  Rad!</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114033307343111982' title='Perfect'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114033307343111982&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114033307343111982'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114033307343111982'/><author><name>cd</name></author></entry><entry><id>tag:blogger.com,1999:blog-20121008.post-114033233125927767</id><published>2006-02-18T22:57:00.000-08:00</published><updated>2006-02-18T22:58:51.260-08:00</updated><title type='text'>Shut Up</title><content type='html'>&lt;a href="http://phoblographer.com/phubar/uploaded_images/DSCN4573-729848.JPG"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;" src="http://phoblographer.com/phubar/uploaded_images/DSCN4573-724953.JPG" border="0" alt="" /&gt;&lt;/a&gt;</content><link rel='alternate' type='text/html' href='http://phoblographer.com/phubar/2006_02_01_cdsphubar_archive.html#114033233125927767' title='Shut Up'/><link rel='replies' type='text/html' href='http://www.blogger.com/comment.g?blogID=20121008&amp;postID=114033233125927767&amp;isPopup=true' title='0 Comments'/><link rel='replies' type='application/atom+xml' href='http://www.phoblographer.com/phubar/atom.xml' title='Post Comments'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114033233125927767'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/20121008/posts/default/114033233125927767'/><author><name>cd</name></author></entry></feed>