Many bar takers are obsessed with the idea of memorization for the bar exam.
Understandably, a lot of students naturally panic and have concerns about it. I think it comes from a place of insecurity. There’s a LOT to remember after all.
Panic mutates into paralysis.
They think, “As long as I memorize this perfectly, I will be set for the bar exam.”
They end up holding a bag of theoretical knowledge they don’t know how or when to use, neglect the performance test in the process, and end up with a score that’s not terrible but not great either. After all, they still memorized everything enough to stumble through.
This is a common thought process, especially for those starting out. This may seem to be a safe approach, but it’s actually reckless.
Maybe that’s why people are excited about the possibility of open-book bar exams in some states. I eagerly await their realization that it’s not just about having access to information—but whether they can use it properly. Removing the memorization requirement doesn’t really change the exam. In fact, it will probably hurt if you’re wasting time looking things up.
It’s not that I’m ragging on memorization. You should memorize to succeed on the bar exam—but not at the expense of learning how to wield the information. Memorizing is simply table stakes. Everyone’s doing it. It’s a minimum requirement. Just a cost of entry.
So you do want to start memorizing as early as you can.
But I want to point out what bar takers miss when they get tunnel vision around memorization. Don’t miss the forest for the trees:
1) Don’t use “memorization” as a safe space
If you’re thinking “I need to know all the rules perfectly before I can solve problems!” You’re just procrastinating. You’re acting out of fear.
Didn’t you have years in law school to “know the rules” by now? Never mind.
The bar exam is scary. This reaction is common and normal.
What if you anticipate the road ahead will be rough? “If you’re going through hell, keep going.”
Just “memorizing” is not always enough because there may be a gap between what you’re familiar with and what you understand. Remember you’re here to learn (not mere education). Don’t try to be ready before you’re ready.
Mastering the bar exam is also about mastering your ego and psychology and embracing the discomfort that comes with straining your mind.
It hurts seeing that you missed a bunch of questions or issues.
It hurts WAY MORE to get a failing score on the bar exam. Not passing hurts MORE than struggling now.
Better to get excited about failure now so that you don’t have to motivate yourself again 6 months later.
Yes, excited! Every result is a valuable data point with something to take away.
Where there’s truth, there’s hope. Once you accept the truth, you can do something about it. Once you have the ground truth, you can use it to train the AI in your brain.
2) Memorization isn’t just about how to memorize rules for the bar exam
Issues are more important than the rules, especially on the essays.
That’s why I also spotlight the issues in Magicsheets and Approsheets and organize them as they are tested, not just the rules.
Don’t reach for the extreme conclusion and take this as the rules not being important. They’re very important.
But issues are like seeds where IRACs sprout from. You could fumble on the rule and application and still get some credit. If you can’t tell the grader what the issues are to begin with, no IRAC will sprout. You get zero credit for that issue.
Knowing the law means knowing the issues too.
3) Memorization happens as you use it and after you use it
There’s a reason you don’t remember 99% of your lectures.
Knowledge outside the context of fact patterns is nothing. It’s possible to have knowledge but lack judgment. The WHAT is artificial if you don’t know HOW to use it.
This is a test of application, not just barfing up what you rote memorized (although that is part of it).
You do need to rote memorize a lot of things because not everything testable has been tested before. It’s also not always feasible to find a practice question for every issue or rule. Some MBE questions in particular can test obscure rules and nuances.
But most of your bar intuition will come from seeing the patterns from old exams and questions. Look to what’s done before because the past will guide your future.
Unlike real life, there is often a correct response—the intended, credited answer—even on essays. Past exam questions reveal what’s “correct.”
Understanding separates us from robots. What does the rule mean? Can you re-derive it from the ground up?
If you’re stuck, start MOVING:
I’d suggest that you FIRST try to solve problems (like MBE questions and essays) with imperfect knowledge.
If you’re panicking and feeling stupid, keep going. Feeling stupid is part of the process. The difference between passers and others is where they give up within this process.
Now that you see where you’re at, you can turn to the model answers to see HOW the issues and rules are used.
AND THEN, after all that, you can memorize your understanding of the rules and issues.
In other words, learn by example, not by theory. If you insist on relying on memorized abstract words, you will stay stuck.
Prioritize “just in time” knowledge (developing understanding and insights as you work through examples) over “just in case” knowledge (hoarding information you don’t know what to do with). There’s a balance of pure theory and pure practice, of course.
This will help you be able to pull out the issues and rules you need from memory and recall your understanding of how to use them.
Because…
4) It’s more about being able to recall what you’ve memorized and use it on the bar exam
“Recognizing something when you see it”
is NOT the same as
“being able to remember it.”
You must be able to recall (retrieve at appropriate times), not merely recognize, be familiar, or even memorize (encode into memory).
So far, these mythbusters have cautioned you against tunnel vision and overreliance on the “busy work” of memorizing. But memorization is still required.
It helps with memorizing rule statements and issues if you expose yourself to past exam questions to see what gets tested, and organize the important information (which you can do by using a streamlined reference).
This raises the question: How do you memorize the material in the first place?
Memorizing for the bar exam is a learnable skill. If you’re interested in specific memorization techniques, check out Passer’s Playbook. It will answer these questions (in Chapter 3 of the comprehensive “Big Playbook”):
- What are 5 methods to solidify the information in your head?
- When should you start memorizing?
- Do you memorize or practice?
- How do you split your time?
- Should you memorize everything?
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