bar exam essay format

How to Tackle Essay Writing on the Bar Exam

One skill that is expected to be cultivated and refined during law school is the ability to write well. This makes sense, since good writing will be essential for many legal careers. You will likely need to write memos, client letters, motions, petitions, briefs and other legal documents— so good writing is important! Consequently, the bar exam takes note of this and makes writing an essential component of it.

Whether you’re taking the Multistate Essay Exam or a state-specific bar exam , you will be writing lots of essays during the bar exam and in your preparation for it. So here’s what you need to know about essay writing on the bar exam and strategies you can implement to improve your score.

Check out the most important bar exam essay writing tips below!

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Multistate Essay Exam (MEE) Jurisdictions

Most states use the Multistate Essay Exam. If you’ll be testing in one of these states, here are the basics you need to know:

There are 6 essay questions in total . This part of the test is 3 hours, so you have 30 minutes per question. Also, the subjects for this portion of the test cover:

Partnerships
Corporations and limited liability companies
Civil procedure
Conflict of laws
Constitutional law
Criminal law and procedure
Real property
Secured transactions
Trusts and future interests
Wills and estates

While any of these topics are fair game, these particular topics make up the majority of the MEE:

Corporations and LLCs
Family law and trusts
Future interests

Consequently, you may want to spend extra time preparing for these areas of the law while also studying for the other subjects.

The good news is that there are guides you can use to determine the most highly tested essay rules. These bar exam study resources will identify these rules and teach you additional rules of law.

Here’s another important tip: focus your time on these major rules instead of wasting too much energy on nuanced rules that are less likely to be tested.

Keep reading for more important study tips to help you pass the MEE:

Bar Essays Studying Tips

The first part of learning how to tackle the essay writing portion of the bar exam is to develop a solid study plan . Your plan should incorporate the following:

Learn More About the IRAC Method and Format

You may have used a variety of writing styles in law school, such as IRAC, CRAC or CREAC. However, the IRAC structure is the most commonly used one on the bar exam, and is what bar examiners will expect. Hence, you need to be familiar with this writing system:

I – Issue
R – Rule
A – Analysis
C – Conclusion

This system ensures that you write concisely and only include the necessary information. It’s not flowery and won’t contain a lot of excess content— which is a good thing, since you’re on such a constrained time limit!

As you practice, read through your answers and label each sentence with an I,R,A, or C . if a sentence cannot be labeled under one of these letters, it probably does not belong.

Practice Essay Writing Each Week

When you spend so much time studying for the bar exam , it may feel tempting to skip practicing the lengthy essay portion of the test. However, this is one of the biggest mistakes made by most test takers.

Bar essays are an essential component of the test; they can often help leverage a higher score if you don’t do as well on some of the other test portions. Furthermore, while reviewing the rules of law is important, writing about them can show you understand them and know how they apply.

Basically, don’t leave practicing these essays until the end of your preparation. Instead, make practicing essays part of your weekly study plan!

Practice Under Timed Conditions

When you first begin practicing the essay portion of the bar exam, you may not want to time yourself so that you can be sure you are spotting all the issues and honing your writing style . However, toward the middle of your study time, you will want to start practicing under timed conditions.

It is not enough to know how to write a good essay. You need to know how to write a good essay quickly . You need to be able to quickly discuss the most important issues and know when not to elaborate on others.

The best way to study for these questions is to find previous MEE questions and practice them under timed conditions. Then, review the analysis to determine how you did.

Review Rules the Last Two Weeks of Your Study

Focus on memorizing as many rules of law as possible during your last two weeks of studying. You’ll need to be able to recall these basic rules as part of your essay writing without hesitation, so be sure that you can recite rules of law without even thinking about them.

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How To Crush The Essay Portion Of The Bar Exam
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Tips for the Day of the Bar Exam

Okay, so now it’s the day of the bar exam— you need to know how to truly tackle these questions in the moment of truth. Here’s what you need to do:

Plan The Time You Have for Writing Essays

Before beginning this portion of the test, you should have a plan on how you will manage your time, such as:

First 10 minutes: Read the essay prompt. Maybe read it multiple times. Don’t rush this part; your ability to recall this information will be essential to answering the question. Also, outline your answer as you read through the prompt.
Next 15 – 17 minutes: Write your answer.
Last 3 to 5 minutes: Review your answer to check for competition and to make necessary edits.

Stick to this timeline for every question. If you start going over 5 minutes on every question, you won’t have enough time to tackle the last question. Ultimately, it’s far better to get out an analysis of all the questions than to answer one question perfectly and not even address another.

Make an Outline

Making an outline can help you organize your thoughts and create a plan on what you will be writing about. Mark up the prompt as you go— you may want to highlight or underline certain information to help your recall later.

Try to make this outline clear, such as making a bullet list of items related to the prompt. If you run low on time, you can always copy and paste this information to provide a semi-answer to the prompt. Write your rule statement and list the relevant facts that will support your analysis. Also, consider how much time you will need to discuss each subpart of the answer.

Apply the IRAC Structure

Now it’s time for you to apply what you’ve learned. Use IRAC to fully answer the question.

How To Use IRAC Method and Format to Crush the Bar Exam Essay Portion

Briefly state the issue in a bolded heading. Issues are usually clearly stated on bar exam essay questions rather than hidden in a fact pattern, so this should be an easy way to pick up points. Restate the issue and move onto the next part of your answer.

State the rules that apply to the case. This is where rote memorization comes into play, since you need to be able to state the proper rule that applies to the question. Bold key terms to show that you know what rules and terms apply. This will get you the points you need on this section.

The summary of rules should be clear and concise and should demonstrate that you understand what is involved. Only address those rules that actually apply to this case and address the specific question.

Show how the rule applies, given the particular fact pattern. This will be the longest portion of your answer. However, your analysis should still be shorter than your analysis in your legal writing class. You can pick up (or lose) a lot of points in this portion of the answer! You need to demonstrate that you know how to apply the law to the facts. Generally speaking, the more facts you’re able to explain, the higher your score will be.

Most of the facts in the fact pattern will be there for a reason— and you need to explain why these facts matter in your analysis. Provide a step-by-step analysis of how the facts support your conclusion. You may be able to score extra points by identifying counter-arguments or a majority and minority view.

Conclusion

End with a brief conclusion. One sentence is fine here. Perhaps unlike law school exams, there is usually a “right” conclusion. Some writing structures will use a conclusion first and then end with a conclusion, but this is not recommended on the bar exam. If you start with the wrong conclusion, the grader will look for ways to prove why you are wrong while grading your answer; therefore, save your conclusion for the end!

Organize Your Content

Make your essay simple to read by taking advantage of all the tools at your disposal. Use paragraph breaks to organize your content, creating a clear I, R, A , and C section. Additionally, bold and underline key words and principles of law. Many essay graders will be scanning your work, so make it easy to identify that you understood the legal issues involved by drawing their attention to these key terms.

Also, use transitional words to qualify certain statements and to explain where you are going with your answer. This makes it easier for the grader to follow your analysis, as well as helps you to stay on track.

Answer the Question

Seems obvious, right? Listen:

While it seems simple to just answer the question you are asked, many bar exam essay questions include numerous fact patterns, potential rules of law that apply, and even some red herrings. Be sure that you only answer the question that is asked; don’t go off on a tangent that will not score you any extra points!

Read over the instructions to the question and follow these instructions, even if that means ignoring something or assuming certain facts are true. Any time you devote to issues that are not relevant to the instructions takes away from time that can score you more points.

Manage Your Time

Now that you’re in the middle of your answers, keep a close eye on time. It can be tempting to take just a few more minutes to feel you completed a question, but this can come back to haunt you by taking away necessary time from another question. Set alarms if you need to — and are permitted to — so that you know when time is up for each section. Also, you may want to set a reminder a few minutes before your allotted time so that you can quickly wrap up the question before moving on to the next one.

With that being said, avoid writing a partial essay and then moving onto another one. It can take several minutes to regain your bearings and remember what the essay was about when you switch back and forth. Instead, finish each question in the allotted time and then move onto the next.

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Here’s a quick round-up of tips to keep you on track when preparing your bar exam essays:

Read the facts more than once. Don’t rush this part!
Don’t write a lengthy, historical background of the law. Instead, make it concise.
Don’t write a long analysis regarding policy if the question does not ask for it.
Present counter-arguments but spend less time on them than arguments
Provide a clear and decisive conclusion.
Pace yourself. The two-day bar exam is a marathon, not a sprint. Approach each question with patience and don’t try to rush it.
Don’t talk to anyone about your answers. This will undoubtedly make you doubt yourself; you don’t need a hit to your self-confidence at this time!
Have a fun plan for what to do after the bar exam to have something to look forward to.

So, there you have it— a plan to help you tackle the essay portion of the bar exam. Use these strategies to help boost your score and you will soon be a licensed attorney!

Thanks for reading and good luck on your exam!

Frequently Asked Questions About Bar Essays

How do you write an essay for the bar exam.

There’s a specific structure that bar examiners expect when you write answers to essay questions. This structure is called IRAC, which is short for “Issue, Rule, Analysis, and Conclusion.” When writing a bar essay, try and structure all of your sentences around these four subjects in a way that makes sense.

How many essays are on the bar exam?

The essay portion of the bar exam is called the Multistate Essay Exam, or MEE for short. It is made up of six different essay questions that you must write answers to over the course of three hours. The subjects can vary depending on what test you take, but all are related to the legal field and will require excellent logical reasoning and critical thinking to earn a high score.

How long should bar exam essays be?

Although there may not be a set word limit for your bar exam essay, a good rule of thumb is to write at least 1,000 words for each answer. However, you should avoid padding out your article’s word count with excessively detailed descriptions of legal concepts; stick to the IRAC format and ensure each word in each sentence has a purpose.

Is it better to write or type the bar exam?

There’s no universal answer to this question, since some students will prefer to write by hand and others will prefer typing. However, there are significant benefits to typing your bar exam essay questions over using a pen and paper, such as easy erasing and the ability to copy and paste. However, power issues on rare occasions have forced essay writers to resort to pen and paper, and it makes it impossible to lose progress due to a software error.

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Valerie Keene is an experienced lawyer and legal writer. Valerie’s litigation successes have included wins for cases involving contract disputes, real property disputes, and consumer issues. She has also assisted countless families with estate planning, guardianship issues, divorce and other family law matters. She provides clients with solid legal advice and representation.

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Bar Exam Essay Questions With Answers

Passing the bar exam requires more than just knowing the law. Passing the bar exam also requires the ability to properly analyze a bar exam question, organize the issues, and write an effective answer. To demonstrate essay exam proficiency and how to apply the essential test-taking skills, consider the following bar exam sample question below, which will be used as an example to demonstrate how to approach an essay from start to finish, step-by-step, in order to produce a passing written answer.

February 2020 CA Bar Exam Question - Contracts

Barn Exports ("Barn") hired Sam, an up-and-coming artist whose work was recently covered in Modern Buildings Magazine, to paint a one-of-a-kind artistic design along the border of the ceiling in its newly renovated lobby. After discussing the work, Ed, the president of Barn, and Sam signed a mutually drafted handwritten contract, which states in its entirety:

Sam shall paint a unique design along the entire ceiling border of all public areas of the first-floor lobby. Barn shall pay $75,000 upon completion of the work.

When Sam began work, he was surprised that the new plaster ceiling in the lobby had not been sanded and sealed. Sam complained, but was told by Ed that preparation was part of his responsibilities. Although Sam disagreed, he spent four days sanding and sealing the ceiling. When Sam finished painting, he submitted a bill for $78,000, having added $3,000 for labor and supplies used in preparing the ceiling. In response, Barn sent a letter to Sam stating that, because he had not painted the borders in the two public restrooms in the lobby, no payment was yet due. Barn's letter also stated that it had recently spoken to several artists who perform similar work and learned that "surface preparation" was typically the responsibility of the artist.

According to Sam, before the contract was signed, he told Ed that the restrooms could not be included because his paints were not suitable for the high humidity in those locations.

Sam sued Barn for breach of contract in the amount of $78,000.

Barn countersued for specific performance to have the borders in the bathrooms painted.

Is Sam likely to prevail in his breach of contract lawsuit against Barn and if so, what damages will he likely recover? Discuss.
Is Barn likely to prevail in its lawsuit seeking specific performance against Sam? Discuss.

Step 1 – Call Of The Question

First, always start with the Call of the Question, which is usually located at the end of the exam, because the Call reveals what the Examiners want to know so the facts, yet to be read, can be put in that context. To interpret the Call, use the acronym SPOIL, which stands for the subject matter ( S ), parties ( P ), organizational structure ( O ), issues ( I ), and applicable law ( L ).

Like most Calls, the ones in the Contracts bar exam sample question reveal a wide variety of information, including:

(S) Subjects being tested - Contracts/Remedies:

Call 1 specifies a "breach of contract lawsuit" and asks about "damages", which is a remedy in contracts.
Call 2 specifies a "lawsuit seeking specific performance." Specific performance is also a remedy in contracts.

(P) Parties: Sam and Barn

Call 1 asks about "Sam…in his…lawsuit against Barn."
Call 2 asks about "Barn…in its lawsuit…against Sam."

(O) Organization structure to be considered - Sam vs. Barn, followed by Barn vs. Sam

Call 1 asks about the "Sam…lawsuit against Barn."
Call 2 asks about the Barn…lawsuit…against Sam."

Issues – Breach of contract, damages, and specific performance.

Call 1 asks about "breach" and "damages." The second to last line provides "Sam sued Barn" for "$78,000."The facts, yet to be read in their entirety, can be put in the context of whether there was a "breach" by Barn that supports Sam's "$78,000 damages" claim.
Call 2 asks about "specific performance." The last line provides "…specific performance to have the borders in the bathrooms painted." The facts, yet to be read in their entirety, can be put in the context of whether the court will find that Sam promised to paint the bathroom borders, and order such performance to Barn.

(L) There is no reference to the applicable law

Contracts test both common law or the Uniform Commercial Code (U.C.C.) The sample exam does not state which body of law to use. Thus, based on the facts, the examinee must make this determination after reading the fact pattern.

2 – Read The Facts To Understand The Story

Second, read the hypothetical facts once for content only. Focus on the story. Pay attention to the names of the parties, dates, quoted language, verbs, adverbs, adjectives, etc. If there is any confusion, read the hypothetical again for clarity.

In reading the exam facts, pay attention to the names of the parties ("Sam" and "Barn") mentioned in the Call.

"Ed" is not a named party in the Call, but Ed is identified in the first paragraph as "the president of Barn." This reveals that based on Ed's conduct as an agent of Barn, Sam will likely impute arguments against Barn and vice versa.

There is not much in the way of dates, but "surface preparation" is quoted language from Barn's letter. This is the Examiners' way of flagging that "surface preparation" is going to raise one or more issues and/or arguments. Further, the indentation of the contract terms is equivalent to quoted language, because the Examiners are drawing your attention to that text.

Finally, pay attention to verbs, adverbs, and/or adjectives, which are discussed below in Step 3. If there is any confusion about the content of the Sam v. Barn lawsuit and Barn v. Sam countersuit, read the exam facts again for a full understanding of the story.

Step 3 – Issue Spot

Third, once understanding the story, begin issue spotting. Start at the beginning of the exam. Go paragraph-by-paragraph, sentence-by-sentence. As each issue is identified, jot it down in the margin of the exam next to the facts that raised it. By starting at the beginning of the fact pattern to issue spot, the first paragraph leads into Ed and Sam signing a contract, which states the terms that are intended for emphasis.

Here, the contract states, "Sam shall paint…" The verb "paint" may raise a goods contract if the contract requires Sam to deliver paint, or a services contract if the contract simply requires Sam to paint an existing area or object.

Further facts that state Sam shall paint "…a unique design along the entire ceiling border…" identify the applicable law as common law because "to paint along a border" is a service.

Continue the issue spotting process as described in the last paragraph of the exam question.

Step 4 – Utilize Mental Checklists And Approaches

Fourth, if during the study process , mental checklists and approaches for issue spotting have been developed, use them to pick up extra issues that could be overlooked without them. Mental checklists and approaches are recommended issue spots tools that every law student should develop during the study process, because they assist issue spotting and the more issues spotted and analyzed in the answer, the higher the grade will be.

In the Contracts bar exam sample question, the fact that Ed and Sam signed the mutually drafted $75,000 contract to paint the design makes offer, acceptance, and consideration fairly straightforward issues that may be picked up without a checklist.

However, defenses are commonly overlooked, which makes a Contracts defense checklist essential to trigger issues that could be missed without one.

The following is an example of the Fleming's Fundamentals Contracts defense approach that illustrates a mnemonic memory device: S o U nless A l I s M istaken, I M issed A erobics F itness D uring P hysical E ducation. Each capital letter represents a contract defense that may be raised by the facts:

S – Statute of Frauds

U - Unconscionability

A – Adhesion Contract

I - Incapacity

M – Mistake

I – Illegality

M – Misrepresentation

A – Ambiguity

PE – Parol Evidence

In the Contracts sample question, the fact that "According to Sam, before the contract was signed, he told Ed that the restrooms could not be included…" raises the parol evidence rule, which bars oral statements (such as what Sam "told" Ed) made prior to the signed writing. This is critical evidence that Sam needs to introduce and that Barn needs to exclude, because the facts and the Call make Sam's obligation to related to the restrooms an important issue analysis.

Furthermore, one exception to the parol evidence rule is an ambiguity, i.e., allowing extrinsic evidence to resolve whether or not "all public areas of the first-floor lobby" in the contract include or exclude the bathrooms as Barn and Sam assert, respectively.

Step 5 – Reread The Call

Fifth, reread the Call of the Question to confirm a thorough understanding of what the Examiners want in the answer.

Call 1, if Sam will likely prevail in Sam v. Barn for breach of contract and if so, what damages will he likely recover.
Call 2, if Barn will likely prevail in Barn v. Sam seeking specific performance.

Step 6 – Organize Issues On An Outline Sheet

Sixth, transfer the issues to a formal outline sheet, making sure they are properly organized. Jot down the formation issues of offer, acceptance and consideration, making sure they are properly organized first under Sam v. Barn (the first lawsuit as Call 1 dictates). Follow with defense issues of parol evidence rule and ambiguity. Continue through the damages issues as requested in the Call.

Repeat the outlining process with its particular issues for Call 2.

Step 7 – Reread Hypothetical One More Time

Seventh, go back and skim the hypothetical one last time to pick up any additional issues that may have been overlooked in steps #3 and #4. Add those issues to the outline.

Step 8 – Double Check Work - Reread The Call One More Time

Eighth, reread the Call of the Question one last time, making sure the issues on the outline are properly organized under the appropriate call if there is more than one.

Step 9 – Write The Final Answer

Finally, write the answer, using the proper presentation for each issue, which is usually referred to as IRAC (issue, rule, analysis, conclusion) or IREAC (issue, rule, explanation, analysis, conclusion).

To check your answer, enter your email address below to download the answer sheet for the above sample bar exam questions. The answer sheet shows you how to use the proper IRAC presentation as demonstrated for each issue above. The answer sheet is a teaching tool to demonstrate the culmination of the above series of sequential steps to follow to properly analyze, organize, and write a passing bar exam essay answer.

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Bar Exam Essay Questions: How to Grab as Many Points as Possible

December 12, 2018 By Mark Livingston Leave a Comment

Two Types of Questions

There are Multistate Essay Examination ( MEE ) questions and essays written by the state board of bar examiners. Know which type you will encounter, because the rules and topics will vary. MEE questions are written be the National Conference of Bar Examiners ( NCBE ) and are graded by state bar examiners. The state essay questions are written by the particular state’s board of bar examiners and/or practicing attorneys and will be graded by the same. The amount of time allotted for each question will vary depending on where you are testing. MEE bar takers are typically given 30 minutes per essay, but some states allow 30-60 minutes for responses. Knowing how much time you have to answer will help you develop an attack strategy. The subject that might be tested will also vary between MEE states and state-specific exams. Learning what you will face is critical, so do your homework early.

The Question is Calling

Issue spotting is king. If you don’t know what the bar examiners are looking for, you will only stumble into those points. There are typically three types of questions: general multi-issue, issue-specific, and interrogatories.

With the multi-issue questions, the call of the question will be pretty general. For example, the question will present you with a client who needs your advice in a particular area of law and ask for a memo discussing the client’s rights and remedies.

The issue-specific questions will have a more tailored call of the question with one to three issues that you will need to analyze. These questions will require a more succinct analysis. For example, the question will ask: What, if any, liability does a client face under the circumstances described in the fact pattern.

The interrogatory-based questions will look like the short-answer questions you have grown to love in law school exams . An example might be: Explain whether the officer’s seizure of evidence from the suspect’s living room violated the suspect’s constitutional rights.

How to Approach

In my experience, it has really helped to know where I am going to end up before I set out to answer the question. This might reduce rambling, save you precious time , and keep you focused on the call of the question.

Start with the question and the last one or two sentences before the question.
Next, read the facts . It makes sense to underline, highlight, or make notes (if possible) to help with the next step.
After that, quickly outline the issues . Follow the basic IRAC/CRAC format . The bar examiners know this structure and can quickly consume your answer if you present an organized, familiar response pattern.
Finally, begin writing by filling in your narrative around the outline you drafted. If you run out of time, the outline that you drafted might get you a few points.

Short and Sweet

The bar examiners will spend, on average, about five minutes grading each response, so be concise . Your response needs to be fuller than a basic outline, but shorter than War and Peace .

It is fine to start your response with a short conclusion, or, believe it or not, a single word issue statement (e.g. Battery, Custody, etc.) will suffice and get you the points for issue identification. The points here are limited so be succinct.

State the rule clearly and provide the context for the rule in your response. Of course, the lion’s share of the points will come from your analysis, but if your rules are wrong , you are going to struggle to get the points. To be brief, it’s fine to list elements and factors using numbers or bullets. It’s also acceptable to underline the rule statements to bring attention to them for the grader. Finally, abbreviations are okay, but be careful. If it’s not commonly used (e.g. K for contract) the bar examiner may not know what you’re talking about without a parenthetical definition.

It can be an effective trick to signal that you are beginning your analysis. Start with “Here…” or “In this case…” to make it abundantly clear. This is a great way to announce where you are at in the process. Use the rules listed in the rule section as a checklist and to make sure that you are using facts from the fact pattern in your analysis. In a sense, it’s like what your grade school teachers always told you, “ show your steps .” Using transition words will also help the grader follow along. Finally, it is a good idea to provide counter-arguments to show that your knowledge and mastery of the rules is comprehensive. Analysis is where you maximize the bang for your buck!

“Therefore…”

Start your conclusion with the word “therefore” or “in conclusion” to make sure the grader knows exactly where they are in the response journey . It is okay to say something is “likely” or “unlikely,” but it’s not okay to add random facts or rules in the conclusion. Like everything else, keep your response short and sweet.

Remember who you are writing for and how they will consume your response and write accordingly. Long paragraphs are hard to read, so keep it short and use headings. Don’t be overly conclusory ; your job is to explain, explain, explain. Absolutely don’t write words like “I think,” “I believe,” or use personal pronouns. Be a legal analysis machine . You got this!

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About Mark Livingston

Mark earned a B.Sc. in Criminology and Sociology from Ball State University, a M.Sc. in Criminology from the University of Edinburgh in Scotland, and a Master of Philosophy in Russia, Central, and Eastern European Studies from the University of Glasgow in Scotland. Mark earned his JD at Valparaiso University School of Law in May 2019 and passed the Indiana Bar Exam in July 2019. Mark worked for more than ten years in state and local government in the areas of emergency management, law enforcement, and probation. Mark is a veteran of the United States Army Reserve. Mark is a family law attorney at a firm in Zionsville, Indiana, just outside of Indianapolis.

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