Friday, March 04, 2005

Day Three

Day Three is much like Day One, except that I don't fuck up any of the morning essay questions so spectacularly.

The guy next to me has been a cop for fifteen years and explains that he got a subpoena for a trial taking place during the Bar Exam, because he took the bullet from the hospital to the police station in a homicide case (chain of custody issues), but fortunately the DA didn't call him. He says he thinks that nobody in California believes police officers when they're on the stand. This is interesting to me, because in Alaska and Hawaii jurors generally give police testimony a lot of credibility. We discuss the current state of California weather, which includes tornadoes in Sacramento and swimming pools falling into the ocean farther south. Then he asks, "Is it just me, or is taking this exam kind of stressful?" I tell him that it's not him.

The last part is a performance test-- writing an appellate brief on a position to which the law is pretty strongly contra. I explain why the law is actually supportive without wading too far into a swamp of fantasy, and then it's over.

Wow.

Thursday, March 03, 2005

Day Two

All of Day Two consists of multistate (multiple choice) questions. Others may attempt the multistates without a hangover, but they are foolish souls. You need the hangover to make yourself doubt yourself and slow down and read each word very carefully. I have a really great moment at discovering the extent of the Bar Examiners' sense of humor-- In one of the questions, the two protagonists are a husband and wife named Oscar and Betty. Hunter Thompson's attorney in Fear and Loathing in Las Vegas was based upon a close friend, noted L.A. Chicano activist attorney Oscar Acosta, whose wife's name was Betty. Oscar wrote two terrific autobiographical novels, Autobiography of a Brown Buffalo and The Revolt of the Cockroach People. Many moments get consumed in trying to visualize the person who wrote this question: Aging Chicano attorney? Young zealous Public Defender with a zest for social history or literature? Sour cynic trying to make people lose time on the exam by being amused by this question?

Even so, I'm a pretty fast reader, so I finish a bit early. Having received a yellow note from one of the proctors which tells me that I need to report to the Admin Room to have my fingerprints re-taken, I head there. It's a large room, and boxes and boxes of thousands of essays are sitting on tables. The boxes are numbered by applicant number.

I sit down and have my fingerprints re-taken by some nice people. But I keep thinking, "If I tasered everybody, I could re-do that Constitutional Law question I fucked up!!" But by this time, these people know who I am from my fingerprint sheet, so I'd have to kill everybody in the room, and I'm not up for heavy bloodshed. Besides, I like these people. They're mostly senior citizens, they do a good job, and fortunately in California they get paid to be proctors. In Hawaii, the exam is proctored by volunteers . When I worked in the Judiciary volunteer office, even one highly civic-minded gentleman once stated, with a certain amount of force: "FOR GOD'S SAKE DON'T SIGN ME UP TO DO THE BAR EXAM! IT'S ABOUT AS EXCITING AS WATCHING GRASS GROW!"

(brief apology interlude)

If you tried to post comments yesterday or this morning, and weren't able to, it's because I did a lot of monkeying with my template. It's been fixed, now, and is again fully functional. :-)

Wednesday, March 02, 2005

Day One

The fucking cold gray dawn broke over the pink cloud of newly-blooming cherry trees. (Yeah, that's a bit of an incongruous image, but that's what happened. Dissonance rules.) I've gotten about 4 hours' sleep after studying last night and have drunk approximately 12 cups of coffee in the last 24 hours. I proceed to drink 3 more. I depart, glancing idly at the empty swimming pool while clutching my arms around my ribs for warmth, wondering whatever possessed me to bring a bikini. I cross a frozen wasteland called El Camino Real Boulevard. The San Mateo Expo Center is a couple of large beige rectangular buildings with a series of arched windows near the roof, kind of like WWII aircraft hangars revisited in 60s Modern. I approach with resolute step, clutching 6 pens--black and blue (in more ways than one)--and tying a new knot in my kamikaze headband.

The Japanese imagery, and my wildly-wired state of mind, remind me of a really exciting flight I once took out of Dutch Harbor in a 12-seater plane during the winter. The wind was so bad that the airport terminal kept shaking, and you couldn't see out of the windows because of the spray from the raging ocean. We would never have taken off if two of the passengers hadn't been a kid who needed to go to Anchorage to have his appendix removed and a crab fisherman who got his arm mangled in gear. Even in his morphine-sedated state, the fisherman kept asking the EMT: "But isn't the weather really BAD?!" Anyway, after we shot up off the runway at full throttle, the plane gave a sickening lurch, toward one of the countless dark mountains that loom abruptly along the coasts of the Aleutian Islands, and I clutched the armrest of my seat. At least I didn't scream, like the girl behind me. The Japanese surimi inspector in the seat across the tiny aisle stared at me with utter contempt from behind huge, thick black-rimmed glasses, like: "If you want to make an idiot of yourself in the last moments of your life, you are an idiot. I will die with dignity."

Back at the San Mateo Expo Center, in the fucking cold dawn, frost glittering on the grass, I sit on a red park bench by the wall of the building and worry because I don't have a plastic bag. I notice that everybody else is carrying their pens in baggies. Having actually read the instructions for taking the exam, I can't believe I missed something so important. When a proctor comes out with plastic bags and starts asking people if they need one, I'm relieved that I'm not losing my mind and that I relied on the instructions, which said bags would be provided. (For all I know, they're special bags that explode if you put notes or alarm clocks in them.) I stride directly across the grass to the proctor, claim my bag, and return to my place on the bench in the sun. The grass is soft underfoot. My pink Converse sneakers leave a clear trail of mud back to the bench from the lawn. This trail remains there throughout all 3 days of the Bar exam. In later years, it will become known as "The Track of the Phantom Law Student."

They open the doors. Inside, the floor is concrete, the walls are taped sheetrock, and the huge room is filled with lines of dark brown tables. The chairs are white plastic patio chairs, which adds a kind of Long Island lawn party atmosphere to the proceedings. It occurs to me that this room is going to remain unheated, but since about 1000 people will be sitting in it, all steaming with anxiety, I believe that it'll be warm enough.

The proctors distribute the exam books, in pastel colors. Yellow, green, and blue, if I remember correctly. At those words, "YOU MAY BEGIN," I break the seal and read the fucking questions with the speed of Yeager breaking the sound barrier. Questions 2 and 3--Contracts and Corporations--are fairly straightforward. Question 1 is Constitutional Law, my worst subject, the one I've been dreading will be on there. The question calls for an analysis under 4 clauses of the Constitution, and, incredibly, blood racing through veins, I can only recognize 3 of the clauses. I begin writing, anyway, hoping the last one will hit me. It doesn't. I proceed to take a stab in the dark, choose a point of the Constitution which I at least know exists, and write an answer based on that, hoping the grader will give me some credit for analysis even though I've stated a rule which I am 99% certain is not the rule for the clause in question. I'm also writing in block caps, because my handwriting is eccentric. I deal with Questions 2 and 3 and spend the leftover time adding afterthoughts to the Constitutional Law answer, just trying to get any more crumbs of points.

At lunch, several of us wait by the clanging red-and-white-striped signals as a stark metal doubledecker CalTrain speeds by, gray-bearded dwarf engineer peering through the front window like the Nome King. "Hey," I said. "It can't be that bad-- None of us threw ourselves under it."

Having taken the Baby Bar (First Year Law Students' Exam, the equivalent of the Bar exam but covering only first-year law subjects), I'm familiar with essay exam questions and multistate (multiple choice answer) questions. I have never, however, taken a performance test. I looked through a review workbook in preparation, but I'm still apprehensive about the unknown. The test turns out to be writing a settlement letter to a plaintiff's attorney, as if you were the attorney hired by an insurance company to represent the defendant. In real life, my boss specializes in insurance defense and class action defense. I heave a deep sigh of relief and actually smile, although feeling far from over-confident, since there are a lot of issues to cover. I cover them. When I go home, I feel pretty happy, all things taken together. I crack open a Sapporo and lie limp on the bed.

Then I get out my Constitutional Law review to see what that fucking clause was that I couldn't remember, and discover that I've mixed up the last 2 clauses. The first 2 clauses are okay, but the 3rd one, the one I thought I remembered, was actually the 4th one, the one I thought I couldn't remember, and consequently my analysis for the 3rd clause should have gone under the 4th clause.

I remind myself that this one question counts for only 1/15th of the total Bar exam score, and that that's why the exam is so long-- so you can make up when you fuck up. Nonetheless, I feel depressed. I make another foray out and buy some Beck's.

Sunday, February 27, 2005

Day Zero, Continued

The location of the Howard Johnson Express Inn in San Mateo is outrageous. The Convention Center is a 10-minute walk away over flat terrain. The motel is within 3 blocks of a Long's Drugs, a Safeway, an Albertson's, and a really good pizza parlor. I am used to ethnically diverse restaurants in Honolulu, but even I was impressed to find South Indian Vegetarian, Peruvian, and Malaysian restaurants, as well as a number of Chinese and Mexican places, an "English" pub, and 2 sushi shops. And others I've forgotten, alas. The corner store seemed to be stocked heavily with hard liquor and staffed by large guys yelling in Serbo-Croatian.

I walked a bit farther on. I saw the Russian Supermarket.

If you are in an intimate relationship with someone from the former Soviet Union, your eyes, like mine, will light up at the words "Russian Supermarket." I bought 8 cans of Riga sprats, a package of Turkish coffee, and a bar of Moscow chocolate laced with cognac.

Then I discovered the used bookstore and got another copy of The Secret Life of Salvador Dali, What Would We Do Without Us? by Kenneth Patchen (his paintings), and a 19th-century play about Cardinal Richelieu.

The location of the Expo Center having been definitely ascertained, the fun was over for the day. I spent the rest of it highlighting fucking outlines, drinking instant coffee, and feeling knots tighten in my stomach.

Thus the day before the Big One (cut to medium shot of Fred Sanford clutching hand to heart)-- In other words: Day One.