Oct. 2020 California Bar Exam Review

Day two of the attorney only Cal. bar exam is complete. Day one consisted of five essays, but surprisingly none of the essays asked to answer specifically to California law, with perhaps the exception of the professional responsibility question. It was an interesting question, as it dealt with prior romantic relationships between attorneys and whether a duty to disclose such a relationship existed. I’m not sure how much more I can say, but in my experience with the practice exams the PR question almost always had a “right” answer, and this one required an actual analysis of the conflict of interest rules to come to a conclusion.

The day two question was tricky in my opinion, as one of the rules discussed involved agent/principal liability concerns. I had a little difficulty seeing exactly how that fit into place at first, but after careful thought I believe I came up with the correct conclusion, which was “it depends”, much like in the real world.

Otherwise, I remain confident that I passed the exam, as I felt I brought enough issue spotting and proper analysis to the table. But, as always, we will see! Hopefully I receive good news in January, 2021 to start off the new year, seeing as how 2020 has been a total disaster for basically everyone on planet earth.

I will be wrapping up my AIPLA article on trade secret damages, and then resuming work on my laymen’s guide for open source licensing agreements.

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