Category: Law School Brief

Written by: Scot Goins, Assistant Dean of Academic Achievement and Bar Success and Associate Professor of Legal Practice

Future bar exam takers take heed! The Federal Rules of Evidence (‘FRE’) will receive three significant updates at the end of 2023. These updates will impact FRE 106, FRE 605, and FRE 702. As all of these are fair game to be tested on the bar exam in the future, it is important to be aware of these amendments (NOTE: The NCBE has provided guidance and insight regarding the three-year development process for questions, and it is difficult to determine exactly when these changes will be reflected in either the current or NextGen bar exam questions, but it is important to be aware of these changes nonetheless.)

These changes were recommended by the Advisory Committee on Federal Rules to the Standing Committee on Rules of Practice and Procedure on May 15, 2022, after being unanimously approved. These amendments, after being approved by the United States Supreme Court, were submitted to Congress on April 24, 2023. Congress took no action to the contrary, and the new rules will go into effect on December 1, 2023.

The first part of this three-part series on the changes will address FRE 106.

Current title of FRE 106: Remainder of or Related Writings or Recorded Statements

The current language of FRE 106, colloquially and affectionately known as the “Rule of Completeness” reads:

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time.

The amended language, effective December 1, 2023, will read as follows:

Amended title of FRE 106: Remainder of or Related Statements

If a party introduces all or part of a statement, an adverse party may require the introduction, at that time, of any other part—or any other statement—that in fairness ought to be considered at the same time. The adverse party may do so over a hearsay objection.

So, what changed?

For starters, the name of the rule changed. As you undoubtedly noticed, amended FRE 106 will have a bit of a title shift. This reflects the changes made after public comment that specifically address the fact that the rule now covers all statements, including oral statements that have not been recorded, and statements made through conduct and sign language. In addition, the rule now explicitly states that there can be no hearsay objection to admitting the remainder of a statement or a related statement if in fairness, such statements ought to be considered. This change was made because “courts have been in conflict over whether completing evidence properly required for completion under FRE 106 can be admitted over a hearsay objection.” FRE 106 removes any potential conflict between courts in applying FRE 106 moving forward. See, Committee Notes to Rule 106 Proposed Amendment. See also, Hardly a Fait Accompli: Federal Rule 106 (elaborating on the previous court conflicts).

Remember, that despite the changes to both the title and the substance of the rule, a party “seeking completion with an unrecorded statement would of course need to provide admissible evidence that the statement was made. Otherwise, there would be no showing that the original statement is misleading, and the request for completion should be denied. In some cases, the court may find that the difficulty in proving the completing statement substantially outweighs its probative value—in which case exclusion is possible under Rule 403.” See, Committee Notes to Rule 106 Proposed Amendment.

What does it all mean?

The confusion surrounding the current version of FRE 106, considered a “partial codification” of common law, has led to uncertainty in courts and among practitioners. However, these amendments aim to definitively displace the common law, aligning FRE 106 with other FRE components. These changes address the admissibility of out-of-court statements, stipulating that introducing part of a statement misleadingly forfeits the right to prevent admission of the necessary remainder. Courts may decide whether the remainder serves a hearsay or non-hearsay purpose. Additionally, the amendment simplifies the handling of unrecorded oral statements under FRE 106, providing clarity and avoiding pitfalls. Importantly, the core rule remains unchanged, focusing solely on instances where a party creates a misimpression about a statement, and the opposing party offers a correcting completion. Mere probative value or contradiction alone does not warrant FRE 106 application. Id.

These changes to FRE 106 should limit potential conflict, avoid confusion, and provide clarification around the “Rule of Completeness,” making it now, in my humble opinion, “even more complete.” If tested on this material, the general gist is that we are simply not going to allow one party to mislead the court by introducing partial statements without allowing the other side to introduce other pertinent parts.

Part Two of this series will examine the changes to FRE 605 and Part Three will examine the changes to FRE 702.

Written by: Scot Goins, Assistant Dean of Academic Achievement and Bar Success

When it comes to preparing for the bar exam, one of the hardest concepts for students is the dreaded ‘covenants running with the land.’ The terms ‘real covenant’ and ‘equitable servitude’ conjure up almost as much dread as the acronym ‘RAP,’ but the reality is that identifying and understanding these concepts to do well on the bar exam isn’t so bad if you have ever been to your local Wild Wings or Applebee’s, and you remember, ‘Pint + Wings.’

PINT + Wings

Although I do love wings, the picture above isn’t meant to make your tastebuds water, but rather to provide you a quick and easy mnemonic to remember the requirements for real covenants. PINT + Wings is an easy way to memorize the requirements for covenants running with the land, as follows:

P:	Privity (Horizontal and Vertical)
I:	Intent
N:	Notice (burden only)
T:	Touch and Concern
+
Wings:	Writing

As a starting point, remember that real covenants (and equitable servitudes) generally either restrict the right to use real property or, alternatively, impose obligations on the owners of real property. In a fact pattern, if you see someone seeking damages to enforce a covenant, that should be a tip-off that the covenant will be a real covenant. Alternatively, if an injunction is sought to enforce a covenant, then that will be an equitable servitude.

Written by: Scot Goins, Assistant Dean of Academic Achievement and Bar Success

Law school graduation is an easy thing to overlook. For the past years, you have been stressing about arriving at this point in your life, and yet now that final exams are over the entire world seems to be encouraging you to solely focus on the bar exam and your preparation process. And, in full transparency, I am one of those people who will be pushing you to put your time, effort, and energy into making the bar exam a successful experience. My belief in your abilities and my desire for your success mean that I will constantly push you to do more, to do better, and to achieve.

However, that said, I wanted to take a moment and encourage you to take time this weekend to reflect on all that you have accomplished to get to this point, all of the successes you have experienced along the way, and the amount of time and energy you have invested in becoming a law school graduate. Right now, your Juris Doctor status to be conferred on Saturday puts you in the top percentage of educated people in the United States, and that in and of itself is something to be proud of and appreciate. No matter how well anyone knows you, there are things that you have overcome, moments that you have experienced, and challenges that you have faced that no one else knows, and yet here you are, graduating. You absolutely should take time to be proud and pat yourself on the back for a job well done.

I also want to encourage you to take time, prior to getting fully immersed in the world of bar preparation, to take time to thank your significant other, your family, your friends, your co-workers, professors, staff members, and/or anyone else that has been part of your journey. It is all too easy to get focused on the “next big thing” and to forget to stop and appreciate the moment and the people that are a part of it. Graduation is a big deal, and I want you to see it as such.

I share these thoughts with you because time is the most important and precious resource we have, and this week marks the passing of my own father, who died shortly after I graduated and passed the bar exam. One of the most painful moments in my life was attending my own law school graduation and knowing that I was there, alone, and that my father was too sick to attend and unlikely to survive much longer. My mom could not attend because she was taking care of him, and a combination of other family factors meant that I walked across the stage, was hooded, received my diploma, and walked off alone. My friends and peers were there, but I remember watching with envious eyes and a lonely heart as others celebrated with family. All I was thinking then was how much I wished that my family could be there to see all of their hard work in providing me opportunities pay off beyond their dreams. It was a tough day, but it made me realize the importance of taking time to appreciate every single day, and more importantly, taking the time to appreciate those around you who are part of your journey.

The bar exam is a big deal and it is important for your career, but life is about balance. This weekend, regardless of where you are at in the beginning stages of your bar exam process, I highly encourage you to focus on the moment. Express your gratitude, show your love, and be proud of yourself for all that you have accomplished in getting to this point in your life. No one walks alone in this journey of life, and although the next milestone of the bar exam is important, do not forget to stop and appreciate the milestone you are achieving this weekend. I’m very excited for you, your family, and your friends as you move forward. I have no doubt that your graduation will inspire others to walk paths beyond what you can imagine.

Congratulations!

Warmest regards,

Dean Goins

Written by: Scot Goins, Assistant Dean of Academic Achievement and Bar Success

It’s the end of September, and in normal circumstances, that means that many law students are experiencing fatigue, exhaustion, and burn-out, while simultaneously experiencing anxiety, fear, and worries about impending midterms. Add to that mix concerns about a global pandemic, navigating virtual classes, combine that with a sense of isolation that accompanies not engaging in normal routines and social interactions, and you have a recipe for mental fatigue and burn-out. It is little wonder that law students in the current environment find themselves worried about staying on top of their reading, maintaining motivation, keeping up their energy, and performing academically. 

Many students are asking themselves how they can re-energize, reinvigorate, and replenish their taxed mental faculties, emotional resources, and physical stamina.

If this sounds like you, then you have come to the right place. 

It’s Normal to Feel Bleh

First and foremost, let’s just take a moment and be realistic and let the proverbial cat out of the bag. Everyone experiences some level of mental fatigue and burn-out in law school, especially after the initial rush of energy that accompanies starting a new semester. If you are feeling this way, I promise you that you are not alone, although it may feel that way because there is the general sense that you are not allowed to have a down day or week.

One of the astonishing things about law school is that there is this atmosphere and mindset that everyone must suddenly become superhuman. If someone told you a story about someone not getting enough sleep, regularly staring at a computer screen too long, reading books all night, who is somewhat isolated, and who has an ever-closer approaching set of tests on his or her radar, you would expect that person to be fatigued and approaching burn-out. Generally, it is easier to give others solid advice and share wisdom, and I bet that if I asked you to give the aforementioned person in the story some advice, you would share your best tips and tricks to help them stay motivated, recuperate, and re-energize. However, when it comes to following that advice yourself, you may find that you are resistant to incorporating your own advice and best practices. This makes sense because we are often far harder on ourselves and tend to hold ourselves to standards that we would not expect others to meet. But if you pause and think, that advice that you would give to someone else is good, so maybe it would be helpful to hear that same or similar advice from an external source.

That’s where this advice comes in. It’s based on real world experience from someone who has been there, done that, in terms of both law school and working remotely. It will likely mirror advice that you would give someone else, but may be unlikely to follow yourself. Hopefully, you will find the advice below helpful to your pursuit of success in a very challenging environment, and will also be encouraged to engage in best practices to perform at your best.

Check Yourself Before You Wreck Yourself

This is one of my favorite sayings, and it perfectly applies to your experience in law school. We have so many competing aspects to managing our time effectively, and it quickly becomes easy to sacrifice things like sleep, nutrition, physical activity, and spending time with friends and family. However, like all things in life, balance is key, and if you do not take care of the fundamentals, then you will not be able to excel in other areas. Making sure you are doing the things that are at the core of being a happy and healthy human goes hand-in-hand with making sure you are a successful and high-functioning student.. 

One of the best ways to deal with mental fatigue and burnout is to actually rest. Get enough sleep, and try to get on a regular snooze schedule. This is especially important when the time changes, as you don’t want to fall off the success wagon just because time falls back an hour. Sleep has numerous benefits, and getting enough will keep you alert, refreshed, and ready to engage with law school materials and professors. Bonus tip: never overlook the power of the powernap.

Although this will sound obvious, eating regularly is important because you need fuel to keep your mental fires burning brightly. However, as someone who struggles with this personally, one of the first things that often goes when stress is high and time feels tight is quality eating (or eating at all). Skipping meals is a recipe to feeling fatigued, and if you find your mind wandering or food commercials diverting your attention, you will definitely want to take note and grab some grub. Try to eat a healthy balance of protein, carbs, and fats on a regular basis, and you will find yourself energized and ready to go.

Once you are rested and carbed up, you will find engaging in physical activity much easier. As someone who had a couple of surgeries during the pandemic, I definitely have experience with how a lack of activity and a failure to engage in normal routines can take a toll on your mental, emotional, and physical well-being. If you want your mental machinery to operate at the highest levels, you have to make time for activity. A brisk walk, yoga, a bike ride, or any similar activity will not only help you burn some calories, but it will also get your blood flowing and lead to the release of helpful neurotransmitters in your brain. Sunlight is your friend, so with the time-change impending, get out and enjoy yourself. A happy brain is your friend, so make sure to exercise regularly!

Speaking of not wrecking yourself, if you have ever seen the movie Castaway (Tom Hanks, Wilson the Volleyball, isolation to the extreme), you may be aware that too much alone time is bad news. However, when you are focused on a task or stressed about an outcome, it is easy to start sacrificing your most important meaningful interactions with friends and family. My advice is simply this: Don’t. If you treat law school like your job (which you should), then you should also enjoy the fruits of your labors. Although work may get busy, you still have to “go home” at some point and engage socially. This is easy to overlook, especially in the virtual world, where “going home” may involve shifting 9 centimeters to the left on the couch or hiding your laptop under the bed for a bit. However, you must make time for your mental and emotional well-being, and engaging with people who care about you is important. 

If you take care of yourself, you will be at your best to perform your best!

Limit Distractions

There is one thing that I can confirm about virtual studying, remote working, or being at home generally. You will always be able to find a distraction. It is guaranteed. Whether you have a family, a dog, a cat, a Netflix account, an imaginary friend, or a phone or other device generally, I promise that you will be able to find a distraction that can take you away from your work.

If you want to perform at the highest levels, you have to put aside the distractions and focus. This means turning off the phone notifications, turning off the tv, closing GroupMe, putting your cat down for the first time in five days, and telling your dog that fetch will have to wait 30 minutes. You will always perform better if your attention is not split between multiple activities, and even a momentary distraction such as a new Instagram post, the ‘ding’ of an arriving text message, or the new Taco Bell commercial on tv (I still do not know if it is a taco or a sandwich) can each impact your memory, retention, and engagement with materials. Work when it is time to work, and engage with social media and other distractors later. Focus is key.

Failure to Plan is a Plan to Fail

Speaking of engagement, one of the most distracting and mentally taxing things you can do in your life is trying to not do something you really enjoy doing. If you think that I am kidding, I highly encourage you to stock your refrigerator with your favorite food, and then try not to eat it. Not only will you mentally feel like you are missing out, but it will slowly become a bigger and bigger distraction (and by it, I’m talking specifically about you, Reese’s Cups that haunt me). So, how do you follow BOTH of the aforementioned pieces of advice and Check Yourself Before You Wreck Yourself AND Limit Distractions? You plan it out and you have a schedule.

If you schedule in your fun activities, your necessary activities (again, we are talking about sleep, eating, exercise, and spending time with friends and family), and your schoolwork, you will find it much easier to devote time to each and be fully present when you are engaging in each. If you know that you are going to eat a Reese’s Cup on Friday, it becomes much easier to avoid getting the King Sized version out of your refrigerator while you are trying to write an advice post. Too personal? Sue me (although if you’ve been paying attention in Civil Procedure, you may find standing to be an issue).

All kidding aside, it is much easier to engage in the study of law when you have a schedule. Beyond the times you have to attend class, you should make a schedule for studying, socialization, break times, watching your favorite football team or video, engaging in social media, or anything else that you want to do. The key to successful time management is to give each aspect of your life the dedicated time necessary to be happy, rested, and successful, without feeling like you are sacrificing something entirely. Balance and moderation are important, and you must make time for your well-being.

Know Your Purpose

Last, but never least, is knowing your purpose. If you wake up each day, go to sleep each night, and dedicate time throughout each day to reminding yourself of your purpose and goals, it is much easier to keep going when the going gets tough. Focus on why you are doing what you are doing, and try to maintain awareness of how each thing that you do each day is leading you on your personal journey towards success.

One of the things that I find most helpful in maintaining your path to success and your motivation is visualization. There are three types of visualization that I encourage you to engage in, and although this may sound like a Charles Dickens story, past, present, and future visualization are all valuable.

Past visualization references picturing a time in life when you were successful and happy. Sometimes in the midst of the rigors of law school, it is easy to forget all of the academic, personal, and professional accomplishments that led you to the opportunity to be enrolled in law school, and taking a few minutes to think about your previous success can motivate you towards continuing your success journey.

Speaking of, do not forget to think about the things you are accomplishing now. It is easy to feel like an endless array of cases, black letter law, studying, and writing are overwhelming you, but the truth of the matter is that each day you are accomplishing, learning, and growing. Remembering to give yourself kudos and acknowledging each day’s accomplishments can be both motivating and empowering, so I encourage you to visualize three things that you have accomplished each day.

Finally, remember to visualize your future success and accomplishments. Picture yourself successfully completing an exam, walking at graduation, passing the bar exam, inviting your friends and family to your swearing-in ceremony, and a host of other future events can provide fuel to reinvigorate your fire when it wanes, so make sure to always keep your eyes on the prize.

In Conclusion

On the surface, all of the above may seem like common sense, but it is often the little things that fly out the window when stress grows and time feels short. Please make sure to take care of yourself mentally, emotionally, and psychologically during the rigors of law school. You deserve to be here, you are capable, and you will be successful if you put the time, effort, and dedication into this experience that it (and you) deserve.

Burning-out  and mental fatigue are normal, but sometimes stress and problems can move beyond the normal and become problematic. Please always remember that you are never alone and that people care about you as an individual. If you find yourself in need of additional support and assistance, please visit our counseling resources page located at: https://www.johnmarshall.edu/ajmls-students/student-services/counseling-services/.

Written by: Scot Goins, Assistant Dean of Academic Achievement and Bar Success

Grammar. The word itself is often enough to trigger anxiety, and depending on your background and experience, you may have various concerns you want to address, but you may not be sure where to go to address those concerns. 

Never fear, AABS is here! Below, find a list of ten websites that you can peruse in your own time to work to improve your grammar, answer questions that you may have, and to improve your word wizardry.

Academic Achievement and Bar Success (AABS) Grammar Resources

1. Core Grammar for Lawyers

2. Purdue Online Writing Lab- Grammar

3. The Center for Computer-Assisted Legal Instruction- Punctuation and Grammar Basics for Students; The Center for Computer-Assisted Legal Instruction- Punctuation and Grammar ADVANCED

4. DYC’s Online Writing Lab

5. Excelsior Online Writing Lab- Grammar Refresher

6. The Punctuation Guide

7. Grammarly (guide that works with you as you write to develop best practices)

8. The Guide to Grammar and Writing

9. Common Grammatical and Punctuation Errors

10. The Grammar of Legal English

We hope that you find these links helpful, and as always you are welcome to reach out to our office if you need anything – aabs@johnmarshall.edu.

Written by: Scot Goins, Assistant Dean of Academic Achievement and Bar Success

The most frequent concerns I hear from students around any shift to a virtual environment are in regards to staying focused, paying attention, and making sure they continue to learn and expand their knowledge. Many students express frustration around the difficulties of concentrating in a remote classroom and are concerned that their performances may suffer. The good news is that although this learning environment can create new challenges, it is one that you can survive and even thrive in. These tips work great in any virtual learning environment, whether in law school or preparing for the bar exam.

Here are my top ten tips for maintaining focus, attention, and learning in the virtual world:

1. Designate a space.

One of the interesting things I’ve noticed about myself over the past year is my tendency to perform better when I set aside an area that is just for working. I think of it much like going to the gym. Once you walk in the door, you are likely to flip a mental switch and your expectations shift as to what to expect in that environment. When you hear the sounds of weights clanking, treadmills grinding, or someone like me complaining that I cannot get the double knot out of my shoes, you know where you are and what you are there to accomplish.

Virtual learning is the same way. If you attempt to work from a space where you often engage in other activities, whether it’s sleeping, watching tv, or reading a book, it can be hard not to let your mind wander. Set aside a space where you live to engage actively with your learning environment, and try not to do other things there.

That said, I remain very aware of the constrictions of working from home for many, and you may not have a space that is readily available to be set aside. In that case, I recommend that when the time comes for a class that you change the space around, effectively creating a work environment. This could be something as simple as setting out some highlighters and some books, moving a vase, or clearing off the table, but the key is that you have a transition moment for the space and your learning. When you know you are entering your proverbial mental gym, your expectations, mindset, and mood will adjust accordingly.

2. Turn on your camera.

Trust me, I know. The thought of making sure you are camera-ready can be concerning, but being on camera is important. For starters, it involves you directly in the class, as opposed to observing from afar. The awareness that others can see if you are paying attention operates similarly in class, and your tendency to avoid staring at the ceiling and singing show tunes will decrease dramatically when you know someone might see.

All kidding aside, being on camera also helps your professor to engage with you. One of the biggest things I struggle with within the virtual environment when engaging with students is being able to see expressions. Oftentimes, I assume that I am making my point, only to see looks of confusion in my audience, and that helps me realize that I need to try a different approach, speak more clearly, or revisit the differences between my base knowledge and what I think I am communicating, versus what my audience is receiving. Help yourself stay engaged, and help your professor to engage with you, and stay on camera.

3. Turn off your phone.

This is a big one. Turn off your phone (or at least silence it), turn off your notifications, and flip it upside down until class is over. Phones are a big distraction generally, and they tend to lead to rapid shifts in attention while simultaneously allowing opportunities to zone out. Buzzfeed has some top ten lists that are more humorous than this, but it won’t help you learn what you need to know for class. Give your phone a break.

Also, the urge to text, WhatsApp, etc., is another phone no-no that can prevent you from focusing in class. As soon as you send that first message or receive that first message, your attention is partially devoted to awaiting the next message, which makes it hard to stay in the present moment.

4. Do not browse the internet.

This is another danger zone (cue Top Gun music).

I avoided the urge to Google what year the movie Top Gun came out right then, but that only goes directly to my point. The internet is a lovely place full of a variety of sources of news, information, entertainment, and so much more, but it is also an easy place to mentally meander for hours exploring the history of the movie Top Gun instead of paying attention in class. Resist the urge to go on an endless search for the world’s best strawberry cheesecake recipe (but if you have one, feel free to let me know) and stay in the moment.

I am not oblivious to the fact that sometimes in class something may be said that encourages you to explore information or to search a definition, but I encourage you to wait and stay focused on your class. Instead of diverting your attention during class, do what I recommend in number 5.

5. Make a list and take notes.

In the modern world, we want what we want, and we want it now. Just ask anyone who has ever delivered Thai food to me at 2:00 a.m. However, pursuing knowledge by searching the internet or frantically flipping through a book can be a huge distraction from what your professor is saying/showing on your screen, so save that for later. Making a list and taking notes can also help you stay on track with your learning, ensuring that you complete assignments (it feels great to check off an accomplishment), and helps you stay accountable to yourself.

Not only does creating a list give you something to do later to ensure you are maximizing your learning, it prevents you from missing out on anything said in the present, and it also keeps you actively engaged after class is over. There will be plenty of time after your class hours to search out terms and explore cases (and you may even find time to track down that strawberry cheesecake recipe), so maximize your engagement in class.

6. Immediately review after class.

This should be on your list whether you are in-person or virtual, but it is something that students sometimes forget when online. When we are at home or in our own space, it is very easy to immediately click ‘end meeting’ and turn to a streaming service such as Disney+, but ‘What If?’ you didn’t? (That reference to a Disney+ Marvel show was 100% intentional).

Instead of immediately shifting your attention to the next thing on your to-do list, review what you just covered in class, your list, and your notes. You may find gaps in your note-taking, areas that you need to explore or uncover questions for your professor that you can make note of before you forget. Think of it like utilizing someone’s name in a conversation after you meet them – you are much more likely to remember a name if you use it when addressing the person, so make sure to actively engage with your material before you have time to forget (and if you are reading this, I’m sorry Taylor – I’ll remember next time!).

7. Join an accountability group.

Just as you want to maintain focus and review after class as an individual, you also want to have accountability with others to assist you in staying on track (and to assist them as well!). Knowing that you will be meeting with others to discuss cases, black letter laws, bright-line rules, and lecture notes help ensure that you stay on track. Discussing things with others is not only beneficial for your learning, but will help you fill in gaps, find new ways of thinking about things, and ensure that you are focusing on the right things.

When it is just you being accountable to you, it is easier to slip up, but when you know others will be counting on you and that you have a role to play in a bigger group it will help you perform better. This is beneficial if you schedule your group meeting on the same day that you have class, and has the bonus of serving as an additional review that will help you retain information in the long term.

8. Noise-canceling headphones.

Distractions are dangerous, and no matter how laser-focused your eyes are, if your ears are tuning into something else, you can rest assured that you are tuning out. I often think of my dog when she thinks someone might be dropping off a pizza at the door, no matter where her eyes are, her ear is up and her head is tilted. It’s hard to maintain focus on one person speaking when you are concerned about pizza delivery, and this carries over to class as well.

If noises, others talking, or your neighbor’s unrelenting bass (my issue) are a problem, then invest in some noise-canceling headphones. This will help you keep your focus on class, and not on plotting your next angry knock on your neighbor’s door. Listening with focus, combined with active note-taking and list-making, will help you learn and retain information better.

9. Snacks.

Eat. It should go without saying, but I often fall victim to the angry grumbling distraction that is my hungry stomach. Sometimes, because we are not following a live, in-person schedule, we do not plan the simple things like remembering to eat meals on a schedule. When you are at home, it is much easier to forget to pay attention to the clock, and you can find yourself struggling to stay focused in class when you know that extra-large pepperoni pizza is in the kitchen waiting for you.

It is always good to have a handy, non-distracting snack and beverage nearby, just in case. What do I mean by non-distracting? I mean that it shouldn’t be difficult for you to open, runs the risk of spilling all over your shirt, or requires 40 paper towels to maintain clean hands during class. Having something to snack on and something to drink can keep you mentally alert and focused during class, especially when you forget to eat the meal prior.

10. Exercise.

Let me be clear here. I am not suggesting that you attend class from a treadmill or while spinning away on an exercise bike. Instead, what I am recommending is that you remember to step away from your desk. One of the biggest pitfalls of remote learning or working is that you can inadvertently spend too much time in your workspace. You need to remember to take a break from the screen!

There are also a ton of benefits to exercise, from increasing feel-good neurotransmitters to cardiovascular health, and it also is a great way to relieve stress. If you are someone who has concerns about the virtual learning environment, finding good ways to release stress and relieve anxiety is important, and one of the best ways to do so is to exercise. Even if you just take a walk outside for 15 minutes or walk up a few flights of stairs, you will find plenty of benefits from exercise.

Hopefully, you found these ‘Top Ten Tips to Maintain Focus in a Virtual Class Environment’ to be helpful, and I encourage you to explore and develop additional tips to ensure that you make the best of the virtual experience. It is a different environment, but one that you absolutely can thrive in and where you can achieve a high level of learning and success.

Written by: Scot Goins, Director of Academic Achievement and Bar Success

The July 2021 bar exam is right around the corner, and this is a stressful time. As the bar exam dates get closer, future examinees tend to put a lot more emphasis and react more strongly to how they performed ‘today.’ The sense of time running out, combined with the elusive (and impossible) search for perfection on practice questions and essays, leads to people suffering as they strive to understand why today they scored x, but yesterday they scored y. Furthermore, this leads to fears about what is going to happen in the future when they might get z score. These concerns are normal in the process, but not realistic as a method of approach and to perform your best.

I attached the graph above to remind you that your best is going to vary daily, and although you have invested plenty of time and effort up to this point, you will still have days that are up and down in terms of your daily scoring. Please remember that your up days shouldn’t lead you to be overconfident, and that your down days shouldn’t destroy your confidence. Instead, I encourage you to simply keep in mind that each day is an opportunity to improve, and fluctuations will occur. These are normal, and one single day will neither make nor break you when it comes to ultimately being successful. Additionally, if you step back and think about it rationally, each day you are encountering different items, specific nuances, varying levels of difficulty, and will have varying levels of mental energy and focus. You are not a machine, and you should not expect bar prep to be an assembly line process where everything looks the same at the end of each day.

“Success is not built on success. It’s built on failure. It’s built on frustration. Sometimes it’s built on catastrophe.”

~Sumner Redstone

Remember that bar exam preparation is not about being perfect and knowing everything. Bar exam preparation is about studying, putting forth the effort, and learning from your mistakes as you progress. In fact, making mistakes and learning from them is part of the path of progress. 

What many people see as failure on any particular day is not that at all, but rather it is an opportunity to learn a nuance, uncover a misunderstanding, or gain an insight. It is an opportunity to see a literal red X in your bar prep programming now so that you can eventually get the proverbial green light of success notification from the Board of Bar Examiners later. This is a difficult time period, but it is one of opportunities that you have worked towards for years, and now is your time to shine. See each day as an opportunity to gain knowledge and set your sights on success.

I know that you can do this. Strive to learn something new each day and improve, dedicate your time to bar preparation, and treat yourself with kindness. You have been successful your entire life to arrive at this point, and you can continue to be successful moving forward. The bar exam is a difficult challenge, but it is an achievable goal for you to accomplish. You simply have to keep working hard and believing in yourself the way that I believe in you. 

You can pass the bar exam! You’ve got this! Keep working hard and take advantage of each day on your journey to successfully becoming an attorney and receiving that celebratory news letting you know that you passed the bar exam!

Keep working hard and turn your dreams into reality!

Written by: Scot Goins, Director of Academic Achievement and Bar Success

In part one of this series on advance bar prep planning, I want to discuss the importance of engaging in a thoughtful, purposeful approach at the beginning of the bar preparation process. Too often, recent law school graduates wait until the start date of their commercial bar prep course to engage in the bar preparation process, neglecting to engage in advance planning and then struggling with time management, motivation, anxiety, and an overwhelming sense of being behind. In this segment of the series, I want to introduce the first of four key components to successful advance planning in order to optimize your chances for being successful in your studies and passing the bar exam.

The first of these early planning components is ‘understanding your why.’ 

‘Understanding your why’ is a phrase that I utilize to assist students in preparing for the rigors of bar preparation. I truly believe that one of the reasons that students flounder and struggle with fatigue, self-doubt, frustration, and fear is because they lose sight of why they are participating in the process.

I’ll give you an example. Picture yourself watching a man in a suit pull up in a Tesla, jump out, and immediately dive into a dumpster. This behavior is perplexing on the surface, and you may find yourself pondering what in the world this gentleman is doing. However, if I told you that he accidentally threw his wallet away, along with his life savings that he was taking to a new bank, this behavior would quickly make sense. Understanding the man’s ‘why’ helped you understand what he was doing and his motivation for doing so.

However, many students forget to engage in this self-reflection before and during their bar prep process. Instead of thinking about everything that motivated them to be successful prior to the start of bar prep, many students instead think about the barriers between them and success, such as the long hours of study, the drudgery, essay writing practice, the possibility of failure, and a plethora of other unhelpful things. Not only does this not assist law school graduates in passing the bar exam, it actually demotivates them because they get too caught up in the day-to-day instead of focusing on the ‘why’ they are doing what they are doing. If you do not fully understand why you are doing something, it is hard to be motivated to engage in that activity for hours each and every day.

This then leads us to the question of how do we get students to successfully engage in changing their patterns and effectively engage in understanding their why?

“Stop rehearsing life’s failures. Use your beautiful imagination to visualize success.”

~Cheryl Richardson

As the above quote reflects, instead of getting caught in the mental trap of thinking about all of the barriers between you and success, let me encourage you to instead engage in the following mental exercise at least three times a day during the days leading up to the start of your bar preparation course, and to continue engaging in a similar manner daily during the bar prep process. As part of your daily schedule, I suggest that you perform the following mental exercise:

Take a deep breath and close your eyes. Think about every success that you have had that has led you to reaching this moment in time. Next, think about the most important people who sacrificed or assisted you in getting to this point. Then, imagine what it would be like to triumphantly tell those people about successfully passing the bar exam. Finally, try to feel your joy and happiness when you imagine receiving your passing score, and think about how proud you will be of your success.

Although this is a simple exercise, when performed regularly, it keeps you focused on several key things. It reminds you of your past success, and gives you confidence that you can be successful in the future. It helps you to appreciate where you are and how you got to the point in your life where you have the opportunity to realize your goals and become an attorney. Lastly, and perhaps most importantly, picturing yourself being successful on the bar exam and sharing that moment with others is a powerful visualization technique that will instill confidence and motivate you.

Don’t believe me? Try engaging in that exercise now and write down how you feel afterwards. I think you will be pleasantly pleased. You will come to realize that you have a choice in how you approach bar prep, and that the coming months are not full of barriers to your success, but are instead paved with stepping stones on your path to achieving your goal of passing the bar exam.

Denis Waitley has a famous quote which sums it all up nicely, “When you visualize, you materialize.” Remember, you have the power to make your dreams a reality, and you control your journey to success. Put the work in, and you will succeed.

In the next part of this series, we will examine another often overlooked factor in bar success, ‘Friends and Family’. Until then, work hard, and remember to visualize daily to assist you in making your dreams of becoming an attorney a reality.

As the bar exam draws ever closer, nerves, anxiety, and fears of failing often begin consuming bar takers, and that is why today I wanted to share the story of Evelyn Uba with you.

You likely don’t know Evelyn, and in fact, you may have never heard of Evelyn before today. However, over the past ten years, she has shared something in common with you, and that is a dream to succeed and pass the bar exam.

Evelyn’s road wasn’t easy. She graduated law school in 2011 and failed the bar exam multiple times – and by multiple times – a quote from her sums it up nicely, “I took the exam more than ten times. I stopped counting after a while but giving up certainly wasn’t in my dictionary.” Evelyn was a full-time working mom, while also raising a family of four, so it would have been easy for her to give up. She was strong though and kept pushing past her challenges, fighting through adversity, and she didn’t let anything stand in the way of her accomplishing her goals. She had plenty of excuses, but she didn’t let all of the reasons why she should not be successful stop her, and she persevered.

On January 9, 2021, Evelyn received notification that she had passed the bar exam, almost ten years after graduating from law school. You can see the video here of when she found out the results, and I highly encourage you to watch it and read about her journey.

I’m sharing Evelyn’s story with you to put things in perspective for you during this stressful and anxiety-ridden time of the year, and to remind you of one thing. You are in control, even when it feels like things are out of your control as you prepare for the bar exam. Ultimately, no one can stop you if you commit to your goal and reach for your dream.

Like Evelyn, you cannot control what appears on the test, but what you can control is your commitment to succeed and your daily work ethic. Recommit yourself today to the realization of your goal to pass the bar exam. Leave nothing on the table over the next few days, focus on doing what you need to improve, and believe in your ability to be successful. Dedicate yourself to working hard, visualize yourself being as happy as Evelyn when you receive your passing score, and make your dream a reality. 

Work hard this week, and believe in yourself. You can do this. I know you can. Be like Evelyn, and don’t let anything stand in the way of your success.

It’s hard to believe, but February is here! It is with that thought in mind that I share this quote with you:

“Starting off strong is good. Finishing strong is epic.” ~Robin Sharma

This is a peculiar time of year. Those with their eyes forward on the February bar exam find themselves often wishing they had done more, whether it was starting studying earlier, devoting more hours, utilizing a different method, reading more outlines, doing more practice essays, reviewing more MPT’s, etc. I promise you that if you look back in time, you will always find the opportunity to have done something differently, wasting time and energy worrying over something that you cannot change.

Guess what? Right now, it does not matter. What you did in December and January is irrelevant in terms of what you will do in February. No matter what you have done well, poorly, or wish you had done differently, that time is in the past and it cannot be changed. Looking back on the past with wishes and regrets does nothing for you in the present. Your time to shine is now in the present.

Regardless of what you have done previously, whether you have performed beyond your wildest expectations or not engaged in the manner that you had hoped, that is all in the past. The only thing that you have control over is what you do moving forward.

I encourage you to take a moment today and re-dedicate yourself to your bar exam preparation. Commit to yourself now to make the most of each day between now and the bar exam. Do not waste a single day, and approach each and every day with an appreciation for the opportunity that it provides for you to learn and grow. 

Instead of looking back in a month and wishing that you had done more, do more. Rather than looking back in a month and wishing you had reviewed more essays, do so. Do not look back and wish you had engaged more with your outlines, but rather start engaging more today. This is your time, and you have to own it. You have to seize the opportunity that the next weeks provide, and use that time to lift yourself to bar exam success.

The only person who can ultimately be responsible for your success is you. Your bar prep programming, your academic supporters, your friends, your families – we are all rooting for you to be successful.

However, your destiny is in your hands. Only you control how much you put in, how hard you work, and how driven you will be for success.

Do not look back on this time and say, “I wish I had…” Look back on this time and know that you did everything in your power to be successful. You can do this. Work hard every single day. Finish epically!

Written by: Scot Goins, Director of Academic Achievement and Bar Success

On this day honoring and remembering him and his legacy, I encourage you to keep the above quote in mind as you go through your bar exam preparation. It is not how hard you study on any one day, how well you perform on a single quiz, or how eloquently you write a single essay that matters during this time. Rather, it is your consistent effort each day that ultimately will result in your success. You have to keep moving forward.

Some days you will perform well and you will fly high. Some days you will perform decently and feel as if you are running quickly towards success. Some days you will trudge at a frustratingly slow pace towards your goals. Some days you will crawl slowly forward, inching your way towards success. 

Regardless of whether you soar quickly in your learning or crawl towards knowledge painstakingly slowly, always remember to keep pushing yourself to continue to consistently move forward. Progress is progress, no matter the speed, and what matters is that you always stay in motion with your eyes on the prize. Believe in yourself and believe in your journey, because you can do this. Work hard each day to be successful on the bar exam, and you will never have to look back on this time with regret that you did not put forth your best effort.

Always keep moving forward towards the success that awaits you. I believe in you. You can pass the bar exam. Do whatever you have to do, but always keep moving forward.

Introduction

When it comes to the bar exam, one of the areas that students struggle with the most is evidence, and within that topic the biggest struggle seems to occur in the world of hearsay. This article will teach you how to take hearsay from an area of concern into an area you look forward to, by providing guidance on how to handle this area of the black letter law (for purposes of this writing, all references refer to the Federal Rules of Civil Procedure (‘FRCP’)).

At first glance, hearsay can be overwhelming. After all, when it comes to the topic of hearsay, there are seemingly an endless array of definitions, exemptions (referred to as exclusions in FRCP 801), exceptions, and possibilities for potential questions and answers. However, I’m here to tell you today that hearsay is actually not that complicated, and as long as you follow these seven simple steps you will be able to do well when it comes to hearsay on the bar exam.

1. You must know the terminology. 

Quite simply, you have to know what a statement is, who falls under the definition of a declarant, the definition of hearsay, and always be on the lookout for whether the statement is being made in court or was made out of court. This is the foundation of everything, and if you consistently overlook the basics, you will struggle, guaranteed. You must memorize these definitions verbatim and always be aware of who the declarant is and where the referenced statement took place.

2. You must understand hearsay and the rationale behind its potential exclusion.

What is hearsay? Broadly speaking, hearsay is an out of court statement offered for the truth of the matter asserted. As such, it is generally inadmissible unless an exception or an exemption applies.

You have to know that definition, but you also must understand why hearsay is potentially problematic in court. Imagine how unreliable the judicial process would become if anyone could come into a court and claim that they heard someone say something without proffering proof. What if someone misremembers? What if someone intentionally lies? This is the whole point of the rule against hearsay, in that the law strives to prevent unreliable or unprovable out of court statements from being used as evidence in court.

The best way I have found to teach students this rationale is to have them take on the mindset of a party in a trial. Imagine how it would feel to have hearsay be used as evidence against you without limit. Anyone could walk in and say whatever they wanted, claiming to have heard you say something or claiming to have said something, and offer it as truth of the matter asserted against you. The courts would potentially be filled with make-believe lawsuits, prosecutors would be able to get convictions based on the flimsiest of basis, and our judicial system would fall into turmoil. No one would be safe! You can also flip this around and place yourself in the mindset of the prosecutor or plaintiff, and just imagine what things could come into court that would prevent any successful court appearance because the defendant would be able to bring any number of people in to refute most evidence.

All of that said, you must also understand that despite this underlying rationale regarding hearsay, there is a competing rationale to allow credible evidence into court. This is the basis for the exemptions and exceptions to the rule against hearsay, where courts have more than just a statement to rely upon, and instead can somewhat lean on the surrounding circumstances that make the statement more likely to be reliable. And, this leads us to step #3.

3. You must think about the circumstances surrounding the potential hearsay. 

Do these circumstances in the fact pattern tend to lend credibility to the statement or make it more reliable? If so, it makes it much more likely to come in under an exception or an exemption. Alternatively, if the circumstances seem to indicate no increase in credibility, or seem to add nothing to giving a sense that the statement is more reliable, your odds of such a statement being admitted decrease. This can serve as an early warning radar to help point you in the right direction when it comes to selecting the proper answer.

4. You must divide and conquer.

One of the issues that I consistently see students struggling with is keeping track of the relatively long list of exemptions and exceptions when it comes to determining whether or not a statement is hearsay, whether it falls under an exemption, or whether an exception is required.

However, I’m here to tell you that there is a relatively easy way to handle this with relatively little additional effort on your part. All you need to do is divide hearsay into three categories, and you will soon be able to confidently handle this material. The first thing you do is take three separate papers (or pages in your document, but I recommend separate papers) and create broad overview sheets. Label them as Hearsay Exemptions (things that would be hearsay but-for (as mentioned previously, sometimes referred to sometimes as exclusions)), Hearsay Exceptions: Declarant Unavailable, and Hearsay Exceptions: Declarant May or May Not Be Available.

After you make these headings, the next step is to fill in under each heading the full list of what falls under each. The idea is that you create a very basic, one to two-line indicator of what falls under each heading (labeled a., b., c. or 1, 2, 3). After you finish this task, I recommend that you then count everything that falls under each specific heading, and place the total number applicable in parentheses next to each heading. Next, I suggest that you color code each of three three categories and each indicator. Example: Hearsay Exemptions (8).

5. You must take the time to learn and memorize!

Now that you have your lists made, the next step is to work on learning and memorization. This is one of those areas of that law for the bar exam where memorization is especially important, so you want to proceed with a plan. First, take each of your headings and short indicators from your overview sheet and expound upon them in a different document or on a different page.  (You’ll want to keep your initial list relatively clear for memorization of what is under each category). Specifically, you want to go beyond the topical nomenclature and dive into the exact elements of these exemptions and exceptions. I highly recommend that you separate your work into three separate sections, piles, or documents (depending on your strategy and preferred methodology). Color code each page and part of your list according to the broad overview heading that it falls under (this will help you keep track of what you are working on and learning, making it easier to apply and retain). It is very important to memorize each and every element of each exemption and exception, as most bar exam questions come down to a missing element being the difference between an answer that is right and one that is wrong.

Now, you are set to begin the next aspect of learning through memorization, which occurs through repetition and review. Although normally trying to learn hearsay can feel overwhelming, now that you have divided it into categories you will find that you are able to concentrate on one of the three specific areas, boosted by the knowledge of how many exemptions or rules should fall under each heading, and with the color code assisting you as a reminder. You can also make your own mnemonics (make them personal to better remember). Additionally, you should either bring with you or make copies of your initial overview list, and you should review them on a regular basis. This will help you learn the law, create a manageable approach to this important topic, and help you also to keep track of which things should be under each category heading. Put some time into this, and you will be pleasantly surprised at how quickly you develop this knowledge.

Bonus tip for flashcard lovers: Although I seldom recommend bar students reinvent the wheel outside of their commercial courses, this is one area where I do highly recommend making your own flashcards. It’s a relatively small amount of flashcards, and if you ensure that you keep the heading, full exemption or exception (broken down into all elements), and color code this side of the flashcard, you’ll find that this builds nicely on the above.

6. You must make examples and engage with practice questions.

There are three final tasks in terms of becoming strong in this area of the law, assuming you have engaged in everything I have suggested. The first is to personally create one or two examples under each exemption or exception that will help you learn and understand the material. Next, whenever you are engaging in practice questions (which you should be doing regularly and with purpose), make note under your own examples of examples you see in questions to build your pattern recognition and cognitive abilities to increase awareness of pitfalls and red herrings. The last must-do is that whenever you stumble with a question, you must then engage directly with your created hearsay review materials to increase your memorization and understanding (for example, if you missed an element, work on memorization for that exception or exemption).

7. You must continuously review on a weekly basis.

You should never be “done” when it comes to studying for the bar exam, and hearsay is no exception. After you find that you have mastered the materials, make sure that you schedule at least a 2-3 times short review of the materials that you have created and continue to work on some practice questions. This will ensure long-term retention and increase your ability to find the correct answer.

Conclusion

If you do everything that I’ve written here, you will be able to confidently approach and get correct multiple-choice hearsay questions, while also improving any relevant essays that you may encounter on the bar exam. Your confidence, performance, and knowledge will grow rapidly, and you absolutely will improve your performance in this area. Try these techniques, and I am certain that you will see rapid improvement after you put in the time and work following the steps put forth here. Good luck, and I encourage you to reach out to me and let me know about your improvements and success!