US Bar Exam: Essay Writing Tips for Foreign-Trained Lawyers and Graduates

Writing an essay can be challenging for foreign-trained lawyers and graduates, even more so when time is limited.

In the essay questions (MEE portion), the goal is demonstrating your ability to analyze hypothetical scenarios and provide possible solutions by applying proper legal principles and rules. The English language is just a tool to communicate your skills, not the objective. So, it must be clear, not fancy. The clearer the writing is, the easier it becomes for Examiners to follow your legal reasoning.

For clarity, I recommend:

a) Simple, direct, short sentences (limiting the use of subordinates)

Example: The tenant leased an apartment on Main Street (in lieu of: The tenant leased an apartment which is on Main Street).

b) Active voice (in lieu of passive voice, whenever possible)

Example: “The police caught the thief” (in lieu of: The thief was caught by the police).

c) Avoiding pronoun ambiguity

Example: “John will buy a car for Marc, if he finishes his master’s degree”.  Who needs to graduate, Marc or John?

d) Using American English (in lieu of British English)

Sometimes, Americans are unaware of British English different spelling, terms, or expressions and may consider them mistakes. For example, if you write “licence”, trousers, or “TAKE a decision”, Americans will probably understand but may think you are not very educated. The American versions are LICENSE, PANTS, and MAKE a decision.

How to Overcome Blank Page Syndrome and Score High

Time is tight; there are approximately 30 minutes per essay question. How do you organize your thoughts and words in such a short time, especially in a foreign language?

My winning tool was the IRAC Method:

·      Issue

·      Rule

·      Application

·      Conclusion

This classic structure will help you present your analysis clearly and logically and reduce stress. You don’t need to waste precious time and energy thinking how to fashion your answer; you can go straight to the heart of the matter.

Remember: you don’t need complex words or elaborate sentences to write a good essay answer. Sophistication will result from the depth of your analysis and reasoning. A high-level, high-scoring answer can be very schematic. Points are given to your ability to spot legal issues and tackle them in your argument. Your reasoning is so important that you may receive points even if you propose wrong solutions for those specific scenarios. So, don’t worry too much about the simplicity of your writing. We, foreigners, may probably never equal the level of native speakers’ style but we can compete in rigorous, clear, detailed, logical analyses, and this is the goal for the MEE portion.