Be honest now. Imagine you’re mentoring a starry-eyed 1L starting law school. How would you explain how to “spot the issues” in an essay? How exact and specific can you get?
Is it just a mystical process where the crystal ball in your head somehow divines issues from the heavens?
On its surface, a bar exam essay is simply a string of IRACs (easier said than done of course). Prep companies and law schools tend to focus on the “R” and “A” and assume that you already know how to find the “I” naturally.
That’s funny (not really) because an issue that’s never raised, or an irrelevant issue, is completely worthless.
Unlike multiple choice with an objectively correct answer, essays are subject to the whims of the grader. Getting (“spotting”) the correct issues is the easiest way to quickly signal to the grader that you’re at least discussing the right things.
But has anyone actually taught you how to be able to spot those issues? They give you the IRAC framework and leave you in the dust to figure it out. How did those law school exams turn out?
Issue spotting is essential. And it’s a learnable skill you can practice for your bar essay preparation, even if your law school grades didn’t reflect it (like mine).
That’s why I’m going to explain it to you in more detail than this “tip”:
To spot issues, try your best.
Let’s try something more reliable, shall we? There’s a subtle difference between “issue spotting” and the technique I’m about to share.
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