Document Type

Article

Publication Title

Creighton Law Review

Abstract

Law school graduates, in growing numbers, are failing the bar exam. This reality is all the more staggering when we consider that these graduates have been preparing for the bar exam since their first year of law school. First-year legal-writing courses teach students specific fundamental skills that are the foundation for success on the bar exam. This Article provides the perspective that the goal of passing the bar exam and teaching law students to think and write like lawyers is a symbiotic relationship. It directly analyzes the correlation between the fundamental skills associated with thinking like a lawyer and successful bar-essay writing. The question then becomes, if law schools are teaching these skills, why do students continue to struggle with the bar exam? To answer that question, this Article analyzes the challenges law students face when they are required to apply the skills learned in an earlier context to a later assignment. Without proper instruction and sustained practice, it is unrealistic to expect law students to retain the skills necessary to solve one legal problem and then later apply those same skills to solve a different problem. This Article emphasizes how law schools have a duty to bridge the gap and foster the transfer of learning from the first year of law school to bar preparation. To guide law schools in better preparing their students for passing the bar exam, this Article concludes with a comprehensive approach detailing how law faculties can facilitate the transfer of fundamental skills from the beginning to the end of law school.

First Page

37

Last Page

74

Publication Date

2017

Creative Commons License

Creative Commons Attribution-NonCommercial 4.0 International License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.