BAR/BRI CLASS ACTION LITIGATION:
TRIAL DATE RESCHEDULED TO FEBRUARY 13, 2007

[Publisher's Note: The following information can be found at the BAR/BRI class action Web site: click here]
Archived Article OCTOBER 2006....

If you purchased a bar review course from BAR/BRI in the United States anytime from August, 1997, until the present, this notice may affect your rights.

PLEASE NOTE THAT THE COURT HAS RESCHEDULED THE TRIAL DATE TO FEBRUARY 13, 2007. THE EXCLUSION DATE (described below) REMAINS AUGUST 13, 2006.

If you purchased a bar review course from BAR/BRI anywhere in the United States anytime from August, 1997, until the present, you may be affected by a class action lawsuit pending in the United States District Court for the Central District of California called Rodriguez, et. al v. West Publishing Corp., d/b/a BAR/BRI, and Kaplan, Inc., Case No. CV-05-3222 R (MCx). This is to inform you of the Court's certification of a Plaintiff Class (the "Class"), the nature of Plaintiffs' claims, and your right to participate in, or exclude yourself from, this Class. At this time, you do not have to do anything to remain a member of the Class (a "Class Member").

What is this case about?

BAR/BRI provides full-service bar review courses throughout the United States, which are aimed at assisting would-be attorneys in their preparation for taking one or more bar examinations required by each state and the District of Columbia prior to the issuance of a license to practice law. Plaintiffs allege that BAR/BRI violated the federal antitrust laws by agreeing with Kaplan, Inc., to prevent competition in the market for full-service bar review courses. Please see the Notice on the links at the right for a full description of Plaintiffs' allegations.

West Publishing Corporation is the owner of BAR/BRI and is a defendant. The other defendant is Kaplan, Inc. (BAR/BRI, and Kaplan, Inc., are hereinafter collectively referred to as "Defendants.") Defendants deny Plaintiffs' allegations and contend that their conduct was legal.

The Court has not yet determined whether Plaintiffs' or Defendants' contentions are correct. A jury trial is scheduled to resolve the issues beginning on February 13, 2007.

Am I Affected By This Litigation?

Class members are those that purchased a full-service bar review course from BAR/BRI anywhere in the United States where BAR/BRI directly operated a course anytime from August, 1997 up to the present time. You are a Class Member if you purchased a full-service bar review course from BAR/BRI to prepare for the winter 1998 bar examination or any subsequent bar examination.

Who Represents Me In This Case?

The Court appointed Ryan Rodriguez, Reena B. Frailich, Loredana Nesci, Jennifer Brazeal, Lisa Gintz, Kari Brewer, and Lorraine Rimson as class representatives for all claims. The Court designated and appointed as Class Counsel the law firm of McGuireWoods, LLP. They are assisted by the firms of Finkelstein, Thompson & Loughran, and Zwerling Schachter & Zwerling, LLP (collectively "Class Attorneys").

How Do I Remain A Class Member?

You Need Not Do Anything At This Time. As a Class Member, you will be bound by all orders and judgments of the Court. Any claims you have against Defendants concerning the allegations summarized in this Notice will be determined by the final resolution of the case. You do not have to pay the Class Attorneys. If they obtain a recovery from the Defendants, they will ask the Court to order reasonable attorneys' fees and costs to be paid by Defendants or from any funds recovered. If you hire your own attorney, you must pay that attorney. You may also seek the Court's permission to intervene or personally appear in the action. We do ask that you notify Class Counsel at the address listed below of any changes to your address.

How Do I Exclude Myself From The Class?

If you want to be excluded from the Class, mail a signed letter asking to be excluded to: BAR/BRI Claims Exclusions, Attn: Glen Davis, McGuireWoods LLC, PO Box 4002, Santa Monica, CA 90411. All exclusion requests must be postmarked by August 13, 2006. If you exclude yourself, you cannot participate in any monetary recovery for the Class, and you will not be bound by any Court orders or judgments. If you wish to remain a member of the Class, DO NOT submit an exclusion form.

What If I Have Questions?

You may read the documents at the links on the right, call 1-888-285-7850, or write to BAR/BRI Class Counsel, Eliot G. Disner, Esq., McGuireWoods LLC, 1800 Century Park East, 8th Floor, Los Angeles, CA 90067. All Court records may be examined in person and copied at the Clerk's office, United States District Court, Central District of California, 312 N. Spring Street, Los Angeles, California, 90012. PLEASE DO NOT PHONE THE COURT.

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Wisconsin legal group looks at dropping bar exam; Panel asks: Should all, or none, need law test?

By Avrum D. Lank

Archived Article OCTOBER 2006......

In one of his first acts as leader of Wisconsin's lawyers, Steve Levine is setting the stage to abolish the bar exam or to extend it.

Levine, who became president of the State Bar of Wisconsin in July, has appointed a committee to study the standards to be admitted to practice law.

Alone among the states, Wisconsin lets lawyers practice without taking a bar exam, but only with a diploma from the Marquette University or University of Wisconsin law school.

Levine is a Green Bay native who attended Georgetown University Law School in Washington and therefore had to take the exam to practice in his home state. He is a lawyer for the Public Service Commission in Madison. He won election as Bar president as an insurgent, defeating two candidates who had been endorsed by the group's leadership.

Last month, Levine appointed the committee. Its report, due by the end of next year, could recommend ending the bar exam by extending the so-called "diploma privilege" to graduates of all accredited law schools; making all lawyers, including those trained in Wisconsin, take the exam; or no change.

Levine made his own views clear when he campaigned for the office: abolishing the exam. Short of that, he would extend it to all lawyers, even those from UW and Marquette. In either case, the standards would be the same for everyone, he said.

No matter what the committee recommends, it would be up to the Supreme Court of Wisconsin to change the rule.

There are differences of opinion within the Bar.

"The diploma privilege has been and is a wonderful opportunity for young lawyers who graduate from Wisconsin and Marquette law schools," said Richard Podell, a Milwaukee lawyer who has a diploma from UW and is not on Levine's committee. "There is no guarantee that taking the test makes a person a better lawyer."

As a Wisconsin delegate to the American Bar Association, Podell has spent considerable time and effort explaining the state's system to others. He does so to make sure state lawyers are not discriminated against because of it when they must appear elsewhere.

There might even be an advantage to Wisconsin in extending the diploma privilege to all accredited graduates, he said. Given the choice between a job in Chicago which required passing a bar exam, or in Milwaukee where no exam was needed, smart graduates from elsewhere might opt for Wisconsin, he said.

"The bar exam isn't that hard for anybody who was paying attention during law school," said Thomas L. Shriner Jr., a partner in the Milwaukee office of Foley & Lardner, who graduated from the Indiana University School of Law. His firm pays for a bar prep course and fees for associates who need to take the exam.

Shriner is chairman of a bar commission appointed before Levine took office charged with looking at the overall structure of the organization. Its report is scheduled to come out at the same time as that from the Levine committee.

"I clearly would vote for the diploma privilege," said Walter Dickey, a professor at the UW law school who was appointed to Levine's committee. "It means you don't have to teach for the exam."

However, he is not in favor of extending it beyond UW and Marquette. At both schools, graduates must pass special courses in Wisconsin law and legal procedures to qualify for the privilege.

While Levine could appoint a committee to look into diploma privilege, he has not been able to be so direct in implementing another of the issues on which he ran -- making membership in the Bar voluntary. Now, to practice in Wisconsin courts, a lawyer must join the group.

There, too, the Supreme Court makes the rules, but Levine wants to hold a referendum on the question among the approximately 22,000 Bar members, about 6,900 of whom live out of state.

Holding such a referendum would require the approval of the Bar's Board of Governors. Its executive committee has asked for a report on the possible financial impact of a voluntary bar before considering the matter, Levine said.

Annual dues are $441, of which $224 goes directly to support the organization, with the rest put in special funds such as one to support legal services for the poor.

Shriner said his committee also will look at the question of mandatory membership.

"Having all the lawyers in the state as members of the Bar is a sound principle," Dickey said. "But I have no objection to having referendums," he added.

Levine's probable successor does.

"The referendum is pointless as far as I am concerned, because it is ultimately the Supreme Court that will decide the issue," said Thomas J. Basting Sr., a retired Madison lawyer who is president-elect of the Bar. He is scheduled to take over next July, before both Levine's committee and Shriner's commission are to report. Right now, any lawyer could petition the court to ask that bar membership be made voluntary, Basting points out.

He also opposes abolishing or extending the diploma privilege. "The current system has worked well for many, many years," said Basting, who holds a law degree from UW. "I have heard no compelling reasons why it should be changed."

Levine is not worried about such attitudes on the part of his successor.

"I am interested in the issues whether I am president or not," he said. "And when I leave, as past president I still get a vote" on the bar leadership.

"What he will accomplish is to raise these issues and get them before the Bar and get an airing of them, which it seems his initial objective is here," said J. David Rice, a lawyer in Sparta and member of Levine's committee.

From Rominger Legal & Milwaukee Journal Sentinel.

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In nearly 20 years of preparing bar candidates and helping law students write better final exam essays in our BarWrite Schools, I have noticed big differences between strong students and weak students. Strong students don't get better grades by accident. They don't get better grades just because they are smart. Strong students are remarkably different from weak students in the way they study. This is partly because they make higher demands on themselves to master the intricacies of the law.

I am going to call my Strong Student "Sam," for Samuel or Samantha. The Weak Student, I'll call "Willie," for William or Wilhelmina.

STRONG STUDENT
Strong Sam
Sam always starts early. He/she keeps up with the reading for class or for the exam. However, he doesn't stop with reading. He is designing a flow chart for civil procedure. He is working out the differences between a motion to dismiss and a motion for summary judgment, and he is making a chart. He is explaining the law to his study group, his wife and his children. He is constantly reviewing what he has learned. He is memorizing the basic law.

WEAK STUDENT
Weak Willie
Willie is always late. He/she is mainly worrying about being behind on the reading for class assignments in law school. All he ever does is read. He reads and rereads. He does not remember very much. He cannot recite it, he cannot explain it. He'll tell you that he "hasn't started reviewing yet." He reviews only right before the exam. He never memorizes.

Strong Sam
1. Can tell you the law. Understands applications.
2. Manages time carefully, both in studying and in writing.
3. Writing is clear and efficient. Outlines. Has clear paragraph structure.
4. Writing shows careful and clear analysis. He carefully applies law to facts.
5. Takes responsibility for his own preparation for law school exams or the bar exam. Tests himself as he goes along to make sure he is making progress. Knows how his is doing at all times.

Dr. Mary Gallagher

Weak Willie
1. Cannot tell you the law, but says he "knows" it.
2. Loses track of time.
3. Writing is disorganized.
4. No analysis. Either he retells the facts of the case, or else he goes straight to the conclusion.
5. Gives up control to others. Says he will "give the exam a shot." Says he never knows what "they want." Reads and rereads. Is never "ready" to test himself. Never knows how he is doing.

HEART OF THE DIFFERENCE
Here is the heart of the difference between strong students and weak students. When strong students say they know an area of law, they mean that they can recite the main rules of law and explain them to someone else, with examples. Weak students call it knowing the law when the legal buzzwords start to sound familiar to them. That is not enough.

Change your study habits, and you will change your grades. Change your study habits, and you will pass the bar exam.

Mary Campbell Gallagher, J.D., Ph.D., is President of BarWrite and BarWrite Press. She is the author of the highly-acclaimed book Scoring High on Bar Exam Essays: In-depth Strategies and Essay-Writing Practice that Bar Review Courses Don't Offer and the CD Companion to Scoring High on Bar Exam Essays. The book Scoring High teaches systems for writing the bar exam essays in all 50 states. To receive a Free Booklet to help you raise your scores on your bar exam essays, visit http://www.BarWrite.com.
BarWrite offers courses by invitation at law schools around the country on the Multistate Performance Test (MPT) and the bar exam essays. In New York City, in addition, BarWrite offers courses and coaching groups that prepare candidates for the New York Bar Exam, as well as courses for law students and practicing lawyers. For details, visit http://www.BarWrite.com.

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