Tuesday, August 25, 2020

Nine Years Later: Preparing for the Bar Examination

 

Over the years, friends, family members and law students have asked me about my experience preparing for the North Carolina Bar Examination (“Bar Exam”).  Since today – August 25, 2020 – marks nine years to the day that I learned I passed the Bar Exam, I thought this was a good time to provide a high-level view of my bar preparation journey.  


Passing the Bar Exam was truly a culmination of my dreams.  But, in order to truly appreciate the triumph, it is important to understand that “If there is no struggle, there is no progress.”  There was more than enough struggle to last a lifetime in that summer.

 

I remember summer 2011 like it was yesterday.  I thought about all of the events I would miss because I would be devoting my entire summer to preparing for the Bar Exam.  My fraternity, Kappa Alpha Psi, was celebrating 100 years of existence.  I knew I would not be able to attend the celebration. I knew my friends would be enjoying the summer by going to pool parties, day parties and generally doing whatever they wanted to do.  I knew I would be unable to do so.  There was so much work to be done and the stakes were incredibly high.  I was blessed to receive an offer of employment prior to graduating from law school from a Raleigh law firm.  But my offer was contingent upon me successfully passing the Bar Exam in July 2011.  And although firm leadership made it clear that you could take the test again in February should you not pass, I knew that I did not want to have that stress on my back.  I knew that I had to pass on my first attempt.  I was prepared to give everything I had inside of me to accomplish this goal.

 

So, what is the Bar Exam?  It is an entrance examination administered by states to students who have graduated with a law degree.  It tests most of the subjects learned (or should have learned) during law school.  The Bar Exam is offered two times per year – in July and February.  The July examination has historically been administered on the last Tuesday and Wednesday in July.  In North Carolina, it was a two-day examination with 12 essays and 200 multiple choice questions.  Overall, the exam lasted for 12-hours over the two-day period.  It is a beast of an examination.

 

What is bar preparation?  It is exactly what it sounds like.  It is the period of time you spend studying to take the Bar Exam.   Law schools typically advise students to enroll in a formal bar preparation course.  But, as with most services, it comes with a pretty hefty price tag.  Luckily for me, the firm who made a contingent offer of employment to me was invested in my success.  So, they paid for my bar preparation course, which cost a few thousand dollars.  But for the firm paying for the course, I would have either had to borrow the money from friends/family, apply for loans, or not enroll in the class at all.  Of course, some students studied independently without taking a formal class. Some students willingly chose this option, while others were forced to do so because they did not have the funds to pay for the preparation course.

 

The bar preparation class started the Monday after I graduated in mid-May 2011.  The class was prerecorded, so you reported to a classroom in the law school to watch a three-hour video on a legal topic such as Torts or Criminal Law.  The preparation class provided each student with an outline for each subject to be covered, which you could fill in as you watched the lectures.  At the end of each session, the goal was to have a nice condensed outline of the subject you studied that day. Some of the topics we covered were: Criminal law, Criminal Procedure, Civil Procedure, Evidence, Torts, Contracts, Business Associations, Property, Real Estate Finance and a host of others.  I want to say there were about 25 topics that could potentially be tested.

 

After the first couple of days of class, I knew I needed to maximize my time.  So, I developed a strict study schedule.  I arrived at the law school at 7:00 a.m. I started reviewing the material from the previous day from 7:00 a.m. until 9:00 a.m., which is when we could watch the pre-recorded lecture for the day.  From 9:00 a.m. until about 12:00 p.m., I sat in the class, took notes, and tried to absorb all of the concepts that were being thrown at us.  At times, I felt that the lectures were a review of material I learned during my three years of law school, but other times the material was new. 

 

I usually ate lunch from 12:00 p.m. until 12:30 or 12:45 p.m.  Around 1:00 p.m., I went to my private study location in the law school.  So, this is where I have to show some love to one of my wonderful professors and acknowledge the importance of building strong relationships.  I had one professor who gave me a key to her office.  She told me I could use her office to study because she would be away from the law school for about a month.  When she returned, however, she knew I would not have a silent place to study, so she gave me the keys to another room in the law school library.  This room was secluded.  There were no windows or students to offer distractions.  The room was equipped with a small couch, good lighting and a nice desk.  I spent all of my time in this room.  I took naps on the couch.  To keep it 100, I even took naps on the floor, since the couch was so small.   

 

While studying, I still wanted to take some time to laugh and try to have some semblance of normalcy.  The best way to do this was through social media.  So, I instituted a very strict break routine.  If I started studying at 1:00 p.m., I would work until 1:50 p.m.  Then, for ten minutes, from 1:50-2:00, I would either take a quick nap, return text messages, or browse social media.  But no matter what, at 2:00 p.m., I would get back to studying.  I repeated this cycle until I finally left the law school at 7:00 p.m.  Once I got home, I immediately went to the gym to hit the weights and then I would eat dinner.  By 9:00 p.m., I would sit back down to review topics for another hour or so.  Finally, by 11:00 p.m., I went to bed.  I repeated this cycle every day from mid-May through  July 23.  At that point, I stopped studying all together.  I knew I would be taking the examination on July 26-27.  I knew that I was ready. And, if by chance I was not ready, there was nothing I could do, so I decided to relax my mind.  

 

In hindsight, I believe I over studied for the Bar Exam.  I believe I could have passed the examination if I had studied for 10 hours per day instead of 12-14 hours per day.  I’d be lying if I said this period did not challenge me in just about every conceivable way.  There were times when I felt that I was not doing enough. There were times when I felt incredibly confident.  There were times when I was just in a bad mood because my entire summer was spent holed up in a room with just my thoughts, faith and books.  In an odd way, being able to endure this process in 2011 has helped me cope with the solitude and stress of the global pandemic.

 

To those who are interested in a career in the law, I would encourage you to really think about the benefits and the sizeable costs of pursuing a legal career.  Not every lawyer is wealthy.  The truth is, the legal field is hard, time consuming and particularly difficult if you are a minority.  African-Americans only make up 5% of the legal field.  But if you want to do it, or want to speak to someone about this field, I am happy to share my experience. 

 

Peace  

Wednesday, August 12, 2020

Politics as Usual: Focus on the Goal at Hand


2020 has been a strange year.  From the untimely deaths of icons, to COVID-19, to earthquakes in North Carolina.  Despite the strangeness of the year, for those politically inclined, we have an opportunity and obligation to vote 45 (and others at the state levels) out of office.  Politically inclined citizens must choose a side.    That said, publicly besmirching candidates at this point in time is counterproductive.  Some time ago, I read a book regarding leadership.  It stated that leaders should praise in public, while criticizing in private.  This principle can be applied to the political world.  Supporters of 45 will defend him at all costs—despite his inability to lead. You know why?  They recognize the power in the Office of the President and do not want to lose that power.  Now behind closed doors, I find it hard to believe that the educated segment of his base of supporters are not criticizing his administration.  To get him out of office, however, Democrats will need to unify behind the Democratic nominees for President and Vice President. 

The time to openly criticize (potentially dividing the party) was during the Democratic Primaries.  This was the time to point out inconsistencies in a candidate’s record, or in their personal life, or to otherwise express a grievance.  That time has passed. Despite living in the information age, many people have not educated themselves about the candidates or the political process.  So, they are more impressionable and politically naïve than those who are more informed.  When informed (or semi-informed) folks make Facebook, or Instagram posts or share negative articles besmirching nominees, or suggesting that people not vote, the impact will hurt the Goal of voting 45 out of office.  At this point, Biden is the Democratic Presidential candidate.  And, as of August 11, 2020, Biden selected Senator Kamala Harris as his Vice-Presidential candidate.  They may not be your first choices, but they are what we have.  Again, for the sake of winning, this is not the time to criticize candidates for decisions made 20 years ago (at least not publicly).  The goal may not be divisiveness.  Some believe criticizing candidates will help them reach a euphoric state of “wokeness.”  Some believe it is helpful to the Goal, but it most certainly is not.  It detracts from the Goal.

Biden’s selection of Harris as his VP candidate is historically significant.  Women have been ignored, for many years, and are still underpaid and treated unfairly in many areas of life.  In fact, women (of any race) were not allowed to participate in the democratic process until August 18, 1920—almost 100 years ago to the day.   Sure, many women have had successful political careers.  But the White House has evaded women.   In 1972, Shirley Chisolm, a Black woman, became the first African American woman to campaign for the Democratic Party presidential nomination.  Although unsuccessful, she was a trailblazer, nonetheless.  Her campaign moved the needle for women, even if just a hair. In 2016, more than 40 years after Ms. Chisolm, Hillary Clinton moved the needle even more as she won the Democratic Party presidential nomination. However, she lost the election to 45.  But a short four years later, we are only three months from potentially having a Black woman in the White House as VP.  Politics aside, this would be a huge win for women.  And, with her relative youth (55 years old), she could be well positioned for a run at the top spot in a few years.

Outside of obvious political slights, Black women in particular have been mistreated, underappreciated and overlooked in every facet of life.  Yet, Black women move forward as leaders of households, business, sports, law, medicine, education and every other area.  And the Federal Government has been on notice of this disparate treatment for years.  Lest we forget about the Civil Rights Act of 1964.  Although it is widely considered a civil rights bill to help level the playing field for Black folks in employment, it also includes language aimed to level the playing field for women.   

The truth is, women have to be more qualified, experienced and have to walk and talk a certain way.  They have to dress a certain way.  They are criticized for being too emotional.  A woman who is passionate and firm, is often labeled and called derogatory names.  Sadly, many of the unfair critiques come from other women, not just chauvinistic men.  For a quick, high profile example of this theory in action, think about the 2016 Presidential Election.  Some people criticized Hillary Clinton, clearly one of the most qualified candidates—male or female—to ever enter the Presidential race simply because of her gender, not based on any legitimate, non-gender related reason.    And others refused to consider her because they believed a woman could not effectively operate in the highest office.  Seriously, she lost to an unqualified, uncouth, racist, reality star.  Now, if that same qualified woman is “Black,” her struggle intensifies tenfold.  Regardless of your political affiliation, Senator Kamala Harris is a Black woman.  She attended an HBCU and is a member of a Divine nine organization.  You cannot lose sight of the forest for the trees.  Remember the Goal, which is to unseat 45.

I still remember when Barack Obama was elected as the President of the United States in 2008.  I was so proud of him.  But I was also proud for us, as Black men.  For members of the Silent Generation and Baby Boomers who lived through the Civil Rights Movement, I could only imagine how they must have felt.  In the years since his election, Obama has become an even bigger symbol of hope for the Black community, and particularly Black men.    There was a time not too terribly long ago that a Black man becoming the President was not possible.  Hell, we were fighting to just be able to ride on the same buses as White people.  Post-Obama, Black parents can tell their children that they can be anything they want to be—even holding the highest office in the U.S.  

Should Senator Harris succeed in November, I have little doubt that her impact would be just as big for Black girls and women.  This event would unequivocally move the needle.  During a time when Black Women are under attack by law enforcement (RIP Breonna Taylor, Sandra Bland and many others), this would be a nice win for Black women.  Lord knows they deserve it.  In the meantime, those who are politically inclined should remember that she will be under attack from 45.  So, at least for the next three months, we should think twice about the impact of “woke” posts regarding Harris because of the impact the divisive comments could have on the ultimate Goal: Unseating 45.

 

Peace 

Sunday, August 9, 2020

To Vote or Not to Vote: That is the Question

 

The year is 2020.  And for many citizens, this has been one of the most challenging years in recent history.  Due in large part to a global pandemic, millions are without jobs (and many without hope!).  2020 also happens to be a general election year (150 years after the passage of the 15th Amendment).  So, some citizens will be heading to polls to vote for political candidates. But everyone who is eligible to vote will not be doing so.  There is a wide schism amongst citizens regarding whether participating in the democratic system makes sense.  Some believe casting a vote is an exercise in futility.  They believe total withdrawal from the system is the answer.  Others believe the political system is flawed, but it is the only system we have to govern our country. For those who are undecided on this critical issue, it is important to understand—at least at a high level—the historical context encapsulating the issue of voting.  This is particularly important for Black folk because people have literally died for us to be able to have a voice. 

Maybe the most fundamental tenet of democracy is voting.  The framers of the U.S. Constitution ensured the right to vote was included in the Constitution.  But, as we know, fundamental rights have not always been afforded to everyone.  In fact, the white men who drafted the Constitution only guaranteed these rights for one segment of the population: White men.  Black people and women (of any race) were not part of this group, and thus were not granted this right.  And were not able to participate in the voting system (at least in theory) until many years later.  But, let’s take a quick look at the ideal of democracy. This is a system where citizens elect representatives to represent their interests. In theory, this is a much better system than a monarchy where one man has unfettered power to make all decisions.     

So when did Black folks gain the right to vote?  On February 3, 1870, Congress ratified the Fifteenth Amendment to the U.S. Constitution.  In part, it provided: “rights of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous conditions of servitude.”  This ushered in a time when Black folks voted and held positions in Congress.  However, this period of progress was short-lived.  By 1900, states discovered ways to work around the law, including literacy tests and poll taxes.  Remember: Many of the Black folks who could suddenly vote after the passage of the 15th Amendment were former slaves.  Thus, it was illegal for them to learn to read and write.  Many were destitute.  So, how the hell could they pass these voting tests?  And, the shadow of the KKK loomed in the background for many would-be voters in the South.  They terrorized Black folks in every conceivable manner.  That begs the question.  If there is no power in the vote, why were there so many people trying to keep Black folk from voting? 

I want to focus your attention on the 1960s.  This was a transformative period. This was years after Brown v. Board of Education, the landmark U.S. Supreme Court decision that struck down the doctrine of separate but equal (Segregation) in 1954.  But, the federal government refused to enforce this ruling on the states.  So, many states simply ignored the ruling and continued with their Jim Crow segregation practices.  This meant that Black people continued being relegated to second class citizenry.  We still had to sit in the back of buses.  We were required to watch movies from the balcony of movie theaters.  We could spend money at some businesses, but could not receive food from lunch counters.  I cannot even imagine how our ancestors must have felt.  But, one thing I know about Black people is that we are resilient.    

The Civil Rights Movement was an ugly time.  So many Black people lost their lives, freedom, and endured inconceivable torture from racists—including politicians, law enforcement officials, the system of government (all levels) and regular citizens.  This was a time when Black folk in Nashville, TN (and other Southern cities) aggressively protested segregation.  They staged sit-ins at department stores, movie theaters and other public facilities where the Black dollar was accepted, but we were not allowed to work in these stores, or even to purchase food from counters in these locations.  The folks who participated in these protests often were spat on, struck with Billy clubs, punched, kicked, hosed, attacked by vicious dogs, repeatedly thrown in jail, and even murdered.  They demanded that the government tear down all tenets of Jim Crow.  They were tired of waiting patiently.  They wanted fair treatment in all areas.

By the mid-1960s, SNCC (and other Civil Rights Groups), focused on voting rights.  Of the many southern states where voter suppression was a problem, Mississippi was likely the worst of the lot. Historical context is important here.  The battle for voting rights occurred after: The Freedom Riders, The Civil Rights Act of 1964, and the March on Washington.   Mississippi was a particularly vile place where many cities had less than 1% of Black folks registered to vote.  To effectively fight this battle, SNCC moved its headquarters from Atlanta to Mississippi.  SNCC and many other groups and individuals staged protests and other nonviolent efforts to ensure that Black folks could vote.  This included voter registration and voter education.  Of course, many people were killed, imprisoned, harassed, and the like.  But, these efforts, along with many other efforts, finally led to the passage of the Voting Rights Act of 1965, which more clearly prohibited racial discrimination in voting.  This passage attempted to fill in the gaps left by the 15th Amendment.  However, even to this day, there are racists who are hell bent on suppressing the Black vote.  If the Black vote were not important, why would they be so opposed to it?

Democracy is an imperfect system.  Many people are tired of empty promises from politicians.  Managing expectations of the government is imperative.  That is knowing that there are multiple layers of government.  There is a system of checks and balances among the three branches of government.  Unfortunately, some people focus only on the Office of the President.  This kind of thinking completely underestimates the power and importance of local and state politics.  So, you know that racist district attorney who prosecuted your cousin for a crime he did not commit? You can vote him out of office.  Hell, you can become that district attorney.  What about the judge who unfairly sentenced your father to 10 years in prison for possession of marijuana?  Well, you can also vote her out of office.  What about the senator who ignores issues that affect your life?  You get the point.   The system is not perfect.  Voter suppression still exists.  But, some would say that withdrawing from the democratic system without having a tangible plan to replace it is akin to spitting in the faces of the people who died for us to have a voice.

 

Peace

 


Monday, August 3, 2020

Lessons From a New-Ish Father: The Importance of Competition

Learning how to compete is a vital life lesson. I have known this for many years, but on May 6, 2019, my life changed forever.  On this day, my young King was born. To say that the birth of my son has been a life changing, mind altering experience would be an understatement.  From the moment I laid eyes on him, a feeling of immeasurable love consumed me.  And, at the same time, I knew that I wanted to do anything in my power to protect him (and ultimately to teach him to protect himself). During the last fifteen months, these emotions have grown with each passing day.  I will teach him many lessons as he grows.  He will learn that our history does not begin with slavery.  Instead, our history is filled with kings, queens, conquerors, mathematicians and philosophers.  But I want him to also learn the importance of competition. 

 

Prior to playing organized team sports in the second grade, I played throw-up-tackle (football) in my neighborhood.  We certainly did not have pads or helmets, but this did not stop us.  In the second grade, I started playing football for an up-and-coming pop warner football team in my hometown of Winston-Salem, NC.  My team was full of kids from different neighborhoods, different socioeconomic backgrounds, different races and religions. 

 

Back to the importance of competition.  Although we were young, the pop warner football league was full contact.  We wore helmets, pads, mouth guards and the like.  If you have ever played football or have children who have, you likely know that you do not receive your football equipment on the first day of practice.  It usually takes a few weeks, but once the pads arrive, you know it will soon be time for full contact.  Depending on how you are built, this could be a good or a bad thing.  Either way, when the pads arrive, there is nowhere to hide on the football field.  If you do not embrace the physicality of the sport, your peers will not respect you and you might end up being labeled as “scary” or “soft,” which is a reputation that can follow a person for many years.    

 

I remember the first day of full contact practice.  Although I had played football in my neighborhood and on the playground at school, I had no experience with pads.  I remember hearing about a drill called “Bull-in-the-Ring.”  I was not sure what this drill would consist of.  However, it did not take long before I learned that this drill would require you to stand in the middle of a circle of your teammates.  While in the middle, the coach would randomly call out the name of a player to charge at you in the ring.  Your goal was to meet whoever was called out head-on in the middle of the ring.  When called into the middle, you usually had to stay there for a few rounds before the coach called someone to replace you.  This drill taught you to become comfortable with physical contact.  And, if you had never experienced this kind of contact, it would help you see what your fight or flight reaction would be because failing to “fight” in a game could lead to serious injury.  This drill made you compete, even when you were too young to necessarily understand what that meant or how it would affect your life moving forward.  I played football for a few years.  I believe playing football helped me begin forming my competitive spirit, which I carry with me today on and off the field.

 

In the sixth grade, I started playing organized basketball.  But, before I discuss that experience, I have to provide some context.  One year prior, so my last year in elementary school, I had an experience on the playground that represented a crossroad for me.  Prior to this day, I had never played basketball—organized or otherwise.  I was a football guy.  But, for whatever reason, this day I decided to try my hand at playing basketball.  When I tell you I was terrible, I mean terrible.  The kids who played ball, who were also my friends, let me know that I was a terrible basketball player.  This was embarrassing, but I did not want anyone to know how bad I felt. I also knew that I would learn the game and become one of the best in my city.

 

That night, when my mom came home from work, I asked her to buy me a basketball.  I was determined to never be laughed at because of my inability to play basketball.  Without going into too much detail, I began practicing dribbling in my parents’ basement.  Soon, I asked my mother to buy VHS (yes, I’m that old) instructive tapes on ball handling, shooting, passing and dribbling.  By the next year, I was playing in the Youth Basketball League at the Central YMCA.  Although I was not yet the best player in my age group, I was a respectable basketball player—and no longer a laughing stock. I believe my previous experiences competing on the football field taught me how to compete in this new sport.    

 

Now, back to my son.  I intend to introduce him to sports as early as possible.  He is only fifteen months old, but we spend time most days shooting on a little tikes basketball goal.  He is still too young to really understand what he is doing, but I believe that kids emulate what they see from their parents.  So, I’ll keep working with him.  And, when he is older, I want to introduce him to martial arts or boxing, which are not team sports.  But they teach lessons of constraint and discipline, which are also very important.  They teach you that although you will be a teammate at times, there will be times when you will be alone. 

 

So why is competition so important to me?  When you learn how to compete, you necessarily learn to deal with disappointment through losses.  These lessons learned in sports are a microcosm for life outside of a sports field or court. People who learn to deal with wins and losses at an early age have an advantage over folks who learn this lesson later or never. These folks are also less likely to overreact to a bad result.  These folks also know how to dig just a little bit deeper because they are aware of what the competition is likely doing to prepare.  Thus, I do not believe in participation trophies once a child is old enough to understand competition.  In life, when applying for a job, you either land the job, or not.  There are no participation trophies in adulthood.  So, learning these lessons early in life prepares us to succeed in various aspects of adulthood.    I want my son to know how to deal with wins and losses, so that he will hopefully be able to maintain an appropriate demeanor whether he is winning or losing.  Afterall, nobody likes to be around a sore loser or a person who gloats about every win.  Balance is key.

 

Peace