University of Houston Day, this Friday, Dec 1

Wow! The Coogs haven't had a season like this since I was a freshman undergrad (1990). I'm getting all teary-eyed and sentimental just thinking about it...

You might be a geek if...

you did all your holiday shopping online on Thanksgiving (buying incredibly priced computers, cell phones, and software, of course) and decided to spend Black Friday analyzing USPTO Patent filing statistics.

As if that were not bad enough, if you felt compelled to comment further on the flamebait CNet threw out with their Top 10 Girl Geeks list - you are truly hopeless. A Black Friday, indeed.

More Texas Blawggers

The State Bar of Texas has published its latest list of Texas lawyers and law students

actively blogging about the law, their practices, their careers, and life in general.

Should your blog be there, too? Let them know.

Why I'm Not a Paper Patent Attorney

When the USPTO moved to more convenient computer-based testing through Prometric, I thought it was a great way to make the patent agent/attorney registration process more accessible to people who might not otherwise be able to accommodate the travel and schedule required for traditional testing (only once or twice a year in Virginia was it? Talk about barriers to entry). The problem, though, when you make a multiple-guess certification/registration exam more readily available for test-takers, is the proliferation of "braindump" sites that undermine the value of the credential.

As an IT professional who invested much time and effort in earning (what used to be) valuable Microsoft professional certifications in the 90's, the gradual decline in value of those credentials was understandably unnerving when "paper MCSEs" (Microsoft Certified Systems Engineers - the most commonly sought and relatively highly paid credential back in the day) flooded the market. "Paper MCSEs" notoriously had limited to no practical, hands-on experience and only "learned" where the most common answers were on their exams so they can be assured of passing, not based on valuable experience and expertise, but on rote memorization.

Fortunately, Microsoft and other IT vendors changed their exams to rely less on multiple guessing and more on demonstrating hands-on experience (I can't help but similarly think of the qualitative difference between preparing for MBE questions vs. the MPT and essays on the Bar exam).

It makes me wonder if the USPTO will also, somehow, eventually go that route to prevent what seems like an impending glut of patent agents and attorneys. Otherwise, it doesn't seem like much of an accomplishment to me to pass yet another multiple-guess exam.

Sorry folks, but the TechLawGeek will not be a paper patent attorney this year.

For the 3Ls - hang in there!

and you, too, will soon get your gold Bar card.

State Bar of Texas President Martha S. Dickie addresses the audience during the New Lawyer Induction Ceremony in Austin, Texas. Justices from the Supreme Court of Texas (front) and Texas Court of Criminal Appeals (back) presided.

Should you withdraw from the Bar exam?

I hinted before that I did not have the chance to study like I intended for the Texas Bar Exam. The thought of withdrawing actually did cross my mind, BUT, I knew I could still attend the exam administration. Now that I know my overall and MBE scaled scores, I have to conclude that being able to type the MPT and Texas essays (accounting for half the score) really made a difference when I was otherwise underprepared.

"How can a Texas law school graduate be underprepared for the Texas Bar Exam?" you might ask. Well, different law schools have different requirements for upper-level courses that are not necessarily related to their ABA accreditation. At UHLC, Business Organizations (Associations) and Evidence are highly recommended electives, but NOT required. Similarly, Family Law and Wills & Trusts are very popular electives that also appear on the Bar exam, but they are NOT required for graduation. So, in theory, you could have a tech law geek complete their JD without formal courses in: Family Law, Marital Property, Wills, Trusts & Guardianships, Business Organizations,* Oil & Gas, Secured Transactions, Commercial Paper, Texas Procedure & Evidence,* Sales & Leases, Bankruptcy, Consumer Rights, and more topics that may be relevant on half the Bar exam (or more). That's at least HALF your score you can elect to defer even learning about until AFTER graduation.
[* I actually had the pleasure of learning Bus Orgs from Prof Doug Moll, Texas Civil Procedure from Prof Robert Schuwerk, and Evidence from Adjunct Prof Tim Riley. In hindsight, they were probably my best elective choices of all to get me through the bar exam, in addition to my judicial internships.]

Now, suppose that during the critical period between graduation and your Bar exam date, you are unable to follow the necessary study schedule to make up for your missing electives, much less comprehend the seemingly bizarre logic and strategies necessary to pass the MBE. You're sick. You're in a car accident. You're grieving the unexpected loss of a friend or loved one. You're facing other personal setbacks that compromise your ability to concentrate and retain the information you need to get past this final hurdle.

Should you just withdraw from the exam and try later?

Everyone's situation is unique, but, based on my experience, if you can sit for the exam, take it. No matter how underprepared you think you are, take it. If you missed your bar prep course's simulated MBE, just take the real thing. If you missed all the criminal procedure lectures because of poor scheduling, still take it. If you had to push back half a dozen review lectures to the final make-up week of back-to-back videos (where most of them sounded like Charlie Brown's schoolteacher because you are so exhausted), STILL TAKE IT. And, if you are more comfortable typing than handwriting, when you have the chance to type, TAKE IT.

Now, a big part of me does not like the idea of encouraging people to sit for an exam they feel they might not be prepared for. (After all, I would love to see UHLC's first-time pass rate hit 100%, too.) BUT, the geek in me recognizes the practicality of such a strategy. Instead of sinking hundreds or thousands of $$ in another formal bar prep course and/or delayed employment opportunities, one could just sit for the exam, possibly (probably) pass, and not have to worry about it again. Some 14% of Texas law school grads still fail the first time, but then they at least have a better idea what needs to improve for the next attempt. [Now I wonder how much of the repeater stats are affected just by the apparent social stigma of being a repeater? If you're unfazed by supposed stigmas, that may not even be a concern.]

I know how tempting it is to want to stay focused on your intended practice areas with upper-level electives, especially at UHLC, where the health and IP programs are top-notch. Problem is, those subjects are not on the Bar exam. If you're still in school, do yourself a favor and make sure you include at least a few Bar exam classes in your degree plan (beyond the mandatory 1L curriculum) so, when it's time to get ready, you have some slack to deal with the (un)expected. Life happens - even while you're studying for the Bar exam.

If you are in the midst of preparing for the next Bar exam, just know that, as a law school grad, the odds are in your favor. If you can at least review the prior exams and examiner's comments, understand how your overall score is computed, and give yourself time to focus on the material most likely to be tested, you might just do better than you expected.

So, if you can be there to take the Bar exam, and this is your first attempt,* I would NOT withdraw. Take it with confidence. Then r_e_l_a_x.

[*Texas permits applicants to sit for the exam five times - RuleXI(f)]

UPDATE 11/7/06: I failed to mention that my very first class in law school was a crash course during the summer on the Federal Rules of Civil Procedure taught by Prof Robert Ragazzo. Civ Pro is already a challenge during a regular semester, made even more difficult when compressed into a 5-6 week nightly law school version of "shock and awe." There were some casualties, unfortunately, but I have no doubt: Prof Ragazzo WILL make you a stronger law student and Bar candidate (if you survive).

Some useful stats

The geek in me could not resist taking a look at the July 2006 Texas Bar stats. UHLC #s highlighted here.

Miracles do happen

Thank you all. Really.