Tuesday, June 12, 2007

BarBri Evidence "Update" or Malpractice?

After sitting through eight hours of lecutre, doing over a hundred evidence questions, and assorted evidence essays, I received an email from BarBri today informing me of an Evidence Update.

I clicked on the email from them with the subject "Evidence Update" and expected to hear that CA had just changed the law earlier today. That was not the case. Rather, BarBri has simply decided to relay to us new information because the information it had provided us in the printed materials (which are CA specific) AND the lectures (which are CA specific) are wrong.

Now, I'm a fairly laidback, guy who is quite flexible. I consider myself quite "above average," perhaps even "superior" when it comes to being able to adapt to a new change. But when BarBri sends us nine changes to the printed materials it sends us, I am not happy.

Let's see what substantive changes BarBri has us making.

First off, the "update" says that both Federal Rules of Evidence and California Rules of Evidence will be tested on the bar on the essay portion of the exam. Isn't this something that should have been told to us at the beginning of the lecture? It's not as if the California Bar (which I'm sure has already printed our exams) just decided to change this rule. This is an error on BarBri's part and a huge one at that.

Second, apparently withdrawn guilty pleas and offers to plead guilty are exempt from Proposition 8. How long ago was Proposition 8 passed? Unless BarBri can point to a recent case that came down on this point, again, this is BarBri's fault for not checking this earlier. How difficult would it be to get a lecturer with experience in CA evidentiary law? How big is this state? How many people practice in CA courts and use these rules on an every day basis?

To spare you from my ranting, I'll summarize the rest: BarBri sets out to explain various hearsay exceptions and differences in expert testimony. My question to them...why wasn't this covered in the lecture? If I were BarBri's client, this would be malpractice. I'm not a client, so this is just a poor level of service offered by BarBri.

I digress....

1 comment:

Unknown said...

a couple typos in your post:

1) you say "adopt" instead of "adapt"
2) you say "me" instead of "you" somewhere in paragraph 2 or 3.

i love you.