Seven Tips To Help You Pass the California Baby Bar

If you’ve decided to take the path less traveled on your way to a Juris Doctor, you are no doubt  familiar with the Baby Bar, otherwise known as First Year Law Student Examination (usually abbreviated as FYLSE or FYLSX). This is the test required by the State Bar of California for all first-year law students attending a non-ABA-approved law school. You pass the exam within 3 administrations from the time you become eligible to sit for it, or you’re out. That’s how they roll in California. They throw out the baby, the bathwater, and the tub after 3 failed attempts.

I agree with one of my professors at Concord Law School. This test isn’t a baby anything. The discouraging  pass rate hovers between 18-25%.  Calling it a ‘baby’ bar exam is part of the problem. The term ‘baby’ lends itself to the radiance of innocent cuteness and the soothing scent of talcum powder. The FYLSE is a neither cute nor soothing. It’s every bit as looming and intimidating as the California general bar exam, purported by many to be the most difficult bar exam in the country. You can’t cradle the FYLSE like a baby. You’re going to have to spank this demon child…hard. So, here are seven good hard whacks to get you started:

1. Stop calling it the Baby Bar. It’s not, and if you think that way, you’ll find yourself lying on a curb in Pasadena, soaking wet, smelling like baby soap with a tub on top of you.
2. Register as close to the deadline as possible. The earlier you register, the closer to the front of the room you will be. There are hundreds of other people sitting for this test with you. If you hand write the test, you will be seated in the back rows automatically, but if you’re using a laptop the only way to ensure a seat in the back row is to register later. The early bird may get the worm, but the late bird gets a seat much closer to the bathroom. When the clock is running, every step counts!
3. Eat a lot of protein at breakfast and lunch. Protein digests more slowly, which means it takes longer for you to feel hungry. It helps to keep your mind sharp and focused. The morning session is four-hours long; you don’t want your high carb donut wearing off around 9:00 am, leaving you with no energy to concentrate. Have an omelette with some sausage or bacon and a piece of whole wheat toast. It’ll stick with you, and your mind can concentrate on the task at hand rather than being hungry. Eat a high protein lunch as well.
4. Resist the urge to jump in and tackle it. After sitting through the 40 minutes or so of instructions from the guy at the podium, it’s time to begin. People rip open the test book, bow their heads, and read like they’ve never read before. Don’t do that. Instead, set up the timer on the test software. You see, this is a timed test, with no clocks. That’s right. There’s not a clock in the place, so set the timer if you want to have some control over your time. A little control goes a long way. Don’t wait until the day of the exam to use the test software for the first time. The more familiar you are with the software, the more control you will have.
5. Read the !@#$ing question. Don’t read the fact pattern first. Read the call of the question first. Don’t just glance at it, either. The call of the question will guide you in reading the fact pattern. If you know what you’re looking for, you’re more likely to see it because your reading now has a purpose.
6. Ask the right !@#$ing question. You’ve studied for this thing so long and hard that you’re certain you can’t stuff one more rule statement, legal theory, or definition into your head without it exploding. But there is one more little thing. You have to remember to ask yourself this question: Where’s the twist in this fact pattern? This is true for both the essay and multiple-choice questions. Read closely. There is always a twist. In essay questions, look for a big issue masquerading as a small issue or vice versa. With multiple-choice questions, look for correct rule statements but improper context. 
7. Leave the outline at the door. Another important tip I learned from a Concord professor concerns writing style. One of the worst things you can do is regurgitate your perfectly memorized outline. Apparently, the graders are trained to look for this style of writing. It’s a signal that you’re great at memorizing things, but you might not be so great at applying the law to the facts. Only analyze the issues and sub-issues that apply. If there is no negligence, only nuisance, don’t discuss negligence. 

I sat for the FYLSE twice, passing it on my second try. The second time around, I understood that this was the real deal, the only path available for me to pursue a life-long dream. If you’re going to a non-ABA-approved law school in California, you’re going to have to spank the FYLSE before you can move on.

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