Master Your Bar Prep Time Management

The 10ish weeks you spend preparing for the bar exam will go by faster than you can ever imagine. Once bar prep gets started, you won’t have the time to figure out how to best manage it. That is precisely why you need to plan now for how to best utilize your time. Use these tips to get you started.

Limit passive learning

There is only a finite amount of time to study for the bar exam. Every minute you waste on an activity that doesn’t actually help you pass the bar exam is a minute you can’t get back. That is why it is so important to limit the amount of time you spend on passive learning tasks, such as watching videos or reading outlines. Do not pause, slow down, or rewatch videos unless it is absolutely necessary to do so.

Engaging in too much passive studying is the number one reason students fail the bar exam. This is what I like to call the “too much time reading and watching and not enough time doing” problem. Bar review companies are great at assigning a bunch of videos to watch and giving you extremely long outlines to read. While these are valuable resources that can and should be utilized, they are not everything. Be careful to not let these activities eat up too much of your precious bar review time. Just implementing this one tip will go such a long way.

Protect your time

You can plan all day every day, but the thing that really makes time management work is actually executing the plan. In order to become a productivity machine, you must take two important steps to minimize distractions. The first is to set up boundaries with the people in your life. Let them know that you will be studying for the bar exam and that it is your number one priority for the next few months. Then, make sure you enforce those boundaries when they are tested. Because they will be tested.

The second is to set up boundaries for yourself. That means getting off the internet, turning off Netflix, and stepping away from your texts.  Let’s face it, social media is the enemy of time management. I consider myself to be pretty good with managing my time. But, every so often, I find myself saying, “let me just check Facebook real fast,” and four hours later, I don’t even know what year it is.

However, technology is a double-edged sword, as there are also many apps available that can actually help keep you focused. For example, there are apps that completely block the internet from your phone or computer, block all social media, or allow you to set time limits on how long you can use certain apps or websites per day. Do some research to find the one that will best work with your phone, computer, and social media “needs.”

Avoid burnout

Mental and emotional burnout is a very real concern during bar prep. If you do not engage in proper self-care, you will eventually become so overwhelmed and exhausted that studying becomes ineffective. The best way to avoid burnout is to build free time into your schedule and to take regular breaks. Please note that this paragraph is not meant to give you permission to not work hard during bar prep. You’ve absolutely got to work hard and push yourself in order to pass the bar exam. Rather, this is a warning to know your limits, when to push them, and when to respect them in order to ensure that you cross the finish line victorious.

Set up an accountability system

The easiest person in the world to disappoint is yourself. So, if you are the only person who knows about your time management plan, you are far less likely to stick to it. I highly recommend sharing your goals and plan to reach them with an accountability partner. Ideally, the person you choose will be someone whose opinions and advice you respect as well as someone who will give you open and honest feedback if you are not working to your potential. You don’t want someone who will completely tear you down if you come up short, but you also don’t want someone who will accept all of your excuses and dismiss your lack of effort.

The most important thing to keep in mind when it comes to bar exam time management is that time moves quickly. Make sure that you don’t get hung up on tasks that don’t serve your bar exam goals and to keep your eye on the prize.

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Kerriann Stout is a millennial law school professor and founder of Vinco (a bar exam coaching company) who is generationally trapped between her students and colleagues. Kerriann has helped hundreds of students survive law school and the bar exam with less stress and more confidence. She lives, works, and writes in the northeast. You can reach her by email at info@vincoprep.com.

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Graff Unveils 60 Diamonds Cut from the Incredible 1,109-Carat Lesedi La Rona

The 1109 carat diamond was acquired with an intention to be cut into smaller diamonds – now, the first lot of 60 diamonds were unveiled in the form of alluring pieces of jewellery.

Cutting the largest, rarest and most expensive diamond was no easy feat – it took experienced and the most knowledgeable gemologists and diamond cutters to produce the first 60 stones. These diamonds have been used in extraordinary pieces of jewellery.

Each of the 60 diamonds is D-Colour with exceptional clarity and has a laser inscription of both Graff and  Lesedi la Rona so that the buyer knows how exclusive and rare each stone is. The diamonds were used in solitaire rings, pendants and earrings.

Following the 3106 carat Cullian diamond, Lesedi la Rona is the second largest rough diamond in the history from Lucara Karowe mine.  

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Thanksgiving Without The Kids? A Few Tips To Keep Your From Going Crazy · Divorced Moms

You may not have your kids this Thanksgiving but you can be thankful you’re not sitting across the table from a turkey!

 

Holidays after divorce can be hard but they don’t have to be doom and gloom!

Thanksgiving is the big holiday of thanks, though, so it can be hard to be thankful when one of the things you’re most thankful for, your children, are away from you during the Thanksgiving holiday.

But before you decide to cry into your turkey and pumpkin pie, here are a six ways to keep yourself from going crazy with sadness this Thanksgiving alone.

Thanksgiving Without The Kids? 6 Tips To Keep Your From Going Crazy

Join Friends

Hopefully, you’re not completely alone on Thanksgiving without your kids but if you are and have no family you’d like to celebrate with, call on your friends.

This can be awkward; who wants to ask to crash in on another family’s holiday table? Not many, but being alone on Thanksgiving is a heartbreak that no one should experience. Your friends won’t mind you asking to join them but WILL mind if you don’t ask and end up in a depressive stupor all weekend long.

If you’ll be with family for the meal but find going home to your quiet house discomforting, hit up your friends who will be desperate for a break from their families perhaps, and ask them to meet for drinks at the local bar or stop by their home for dessert. If you choose the latter option, bring wine. Everyone loves the “bringer of wine.”

This Shall Pass

This is simply a day. Not a lifetime.

It’s hard to remember that when you are sitting down at a table with family and feeling the big absence of your children, but it’s JUST a day. And remember that even though your children are not there, you can be thankful for having them and thankful that their other parent cares enough about them to want them for a holiday.

There are so many children missing a parent who is now absent due to divorce or other reasons. Try to find peace in knowing your children are very loved.

Enjoy the Junk

If you can’t be bothered by the first two suggestions, dive in for a “junk” day.

Junk TV, junk movies, trashy magazines, and lots of sweets. Your waistline won’t expand in a day and your diet can wait until tomorrow.  If you’re alone, grab as much wine and turkey as possible (if you don’t have turkey, grill up a burger. Don’t worry—the pilgrims won’t roll in their graves) and invest in a day of Hulu, Netflix, and binge-watching television.

No matter what your flavor, NFL or the Real Housewives, indulge your bad feelings with some feel-good laziness, and an American pastime!

Go for Something Wild

If family is absent and friends are too far, why not take the holiday and weekend to go on a weekend getaway? Vegas anyone? Perhaps this night or weekend is the time you go for the fling with that younger man. And hey what happens during Thanksgiving weekend, stays there.

If you don’t have the budget for extravagant weekend trips as many divorced Moms don’t, why not rent a hotel room for one night and relax with a bubble bath and champagne, or that wine and TV combo I suggested earlier.

Maybe this is the day you take a road trip for the weekend. Maybe you go explore a local attraction you’ve never been to before. Whatever you decide, do something you’ve wanted to do for a long time, as long as it’s legal and affordable

Namaste

If you find yourself completely distraught, perhaps it’s time to do some yoga or get yourself a pre-holiday massage to try and loosen up. Take a walk for some fresh brisk fall air. Take a morning jog. Do some downward dog. Read a book. Paint a picture. Enjoy some video games. Call a friend.

Use any and all tools that you used to get through the divorce. For some people, it’s retreating from others. For others, it’s connecting with a friend. And still, for others, it’s getting outside and moving. Whatever it takes to keep you from starting the holiday season in a deep funk, do it!

Acceptance

Lastly, accepting how you feel and acknowledging those feelings are key to a happy holiday season after divorce. Remember to not compare yourself to other people. The holiday “festivities” you see on others’ social media pages aren’t necessarily as happy and bright as they look.

To further illustrate that life is not over now that you’re divorced and sharing your kids during the holidays, remember what it was like to be unhappily married and sharing holidays together.

Wasn’t it fun arguing with your ex during the holidays? Didn’t you love seeing your nasty in-laws that made your life hell? Didn’t you enjoy feeling incredibly alone while coupled and married with little to be thankful for?

No, no, and no!

You may feel sad over not being with your children but you can also be thankful that you have a new life, a fresh start, and the opportunity to love again and show your kids proof of a healthy relationship

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Happy Veterans Day — See Also

LAW PROFESSOR WHO USED THE N-WORD IN CLASS ALLEGEDLY USED IN OFFICE HOURS: Does this guy have to lynch a brother to get fired?

OPEN LETTER TO JUSTICE GINSBURG’S CLERKS: Y’all have one job and you’re slipping.

WIDOW BLAMES HUSBAND’S SUICIDE ON BIGLAW CULTURE: This story is just hard to read.

CNN MIGHT SUE TRUMP: Weird to see a media organization actually standing up for the First Amendment.

MICHELLE OBAMA IS EVERYTHING: I’ma buy her book.

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Expert witnesses and radical changes: The President speaks

On Friday the new President of the Family Division Sir Andrew McFarlane gave a speech to the Annual Bond Solon Expert Witness Conference (Bond Solon are a provider of legal training). Naturally, the speech was aimed at the audience of expert witnesses, but there were certainly a few things in it of note to those with a more general interest in the family justice system.

The speech began with a discussion of the role of experts in cases relating to children. Much of what Sir Andrew said here was concerned more with public law cases (i.e. care proceedings), rather than private law cases, but it was still interesting to consider precisely why experts are so often required in children cases – remember, Cafcass officers and social workers are also professional experts upon matters relating to children. In addition, as Sir Andrew said, most child protection cases and many of the more intractable private disputes between parents will also require the introduction of evidence from an independent expert.

So it is vitally important that the courts have the benefit of expert evidence, to give them the best chance of reaching the right decision – a decision that can of course have life-changing consequences for the child involved. It is therefore extremely worrying that Sir Andrew says that since acquiring the presidency he has been struck by accounts from courts all over the country as to the great difficulty that now exists in finding experts who are prepared to take on instruction in a family case. He says that he is going to investigate the reasons for this, but he mentions two obvious ones. Firstly, most experts are paid out of public funds, and as a result the rates payable to them have eroded in recent years. Secondly, many experts are put off by bad experiences in cases where they have given evidence, with hearings not taking place when planned, and the experts wasting their valuable time waiting around at court (I know the feeling!). I’m not sure that Sir Andrew will be able to do about the former issue but, as we will see, the latter issue may be eased in the near future.

Moving on, in the next part of the speech Sir Andrew made some interesting personal observations upon the business of being an expert witness, and what the judiciary expect of expert witnesses. He pointed out, for example, a well-known phenomenon in judicial circles:

“…that some lawyers, who had hitherto been entirely amiable and mild-mannered individuals, subtly develop, immediately following their appointment to the Bench, a wholly unattractive arrogance and belief in their own self-importance. These individuals are said to have caught a disease which we call “judgitis”!”

I suspect that many lawyers will have come across this, although I will certainly not name names! The point that Sir Andrew was making is that it is also possible for “seasoned expert witnesses who have become so used to giving evidence and to having their opinions accepted in the higher courts that they have become extravagant to a degree that has moved them well away from the sound scientific basis that had hitherto underpinned their valuable opinions.”

Sir Andrew then changed tack entirely, and devoted the last part of his speech to what he called the “radical changes in the courts and tribunals”, in other words, the current court modernisation programme. As he explained, two of the core changes, which he indicated were likely to come in over the next 18 months to two years, could have some revolutionary effects for expert witnesses.

The first change is the move (at last) to paperless court proceedings. As Sir Andrew said:

“As we approach the 3rd decade of the 21st century it is something of a ‘no-brainer’ to suggest that the courts and tribunals should now abandon our reliance on each party and the judge working from ring binders, often many ring binders, of paper.”

Quite. The introduction of digital bundles will coincide with all of the court processes, from making an application, to filing a statement and issuing an order, being conducted online. As Sir Andrew explained:

“For the expert the receipt of all the documents in the case in a WinZip file, rather than by DHL, and the ability to carry all of this material on a laptop, would seem to be a very clear advantage.”

Indeed. Although I’m not even sure that WinZip should be required these days, with the transmission of large digital files being so much easier than previously.

The second change is “the development of ‘virtual hearings’ where none of the participants is in the same location as any other and all connect with the judge over the internet. This, Sir Andrew pointed out, could save experts much time waiting at court, and therefore make giving expert evidence a much more attractive proposition.

Sir Andrew indicated that he was looking forward to these changes, and said of them:

“If they result in a court and tribunal system that is fit for purpose and compatible with almost all other aspects of the modern world then that success will be welcome and will do much to remove that which causes frustration and delay in our current system.”

I’m sure we would all agree with that.

You can read the full speech here.

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Where Do Pre-Nups Fit In? · Divorced Moms

 

Congratulations! You have found love again after your peaceful (or not-so-peaceful) divorce from your first spouse. You have decided that you want to live together and blend your lives, just like in your first marriage when you were fairly young. What do you need to know about baby boomers marrying again?

You (and your fiancé) believe marriage is an institution that will support your high level of commitment to each other.  You want to do more than just date, or live together without being married.  You see your relationship as permanent and wish it to be life-long and supportive throughout old age.

You believe you learned some lessons from your first marriage – both in terms of your choice of a spouse and how you can create a peaceful marriage.  You are better prepared to support a marriage through its ups and downs and handle the inevitable conflict that goes along with marriage.

However, there’s a little fly in the ointment.  Both you and Mr. Right #2 have children from your previous marriages. They are in high school, college, or are in the process of launching their young adult careers. You both also have assets accumulated during your first marriages – you each have a home, retirement accounts, and other assets. You’re not particularly rich, but you do wonder, what happens if you divorce again. You also may be wondering how to leave a legacy to your children if your marriage stays together, but you die before Husband #2.

Baby Boomers Marrying Again: Here’s Where Pre-Nups Fit In

Most people would like to leave a financial legacy to their children when they die. And many of our grown (and semi-grown) children need some financial help from us while we’re living, both in securing their education and helping them embark on their adult lives. Our parents helped us, and we want to help our children. It’s a natural inclination, and an embodiment of parental love, which is fierce and protective.

But you also have another intention that you want to fulfill – providing security for your new Baby Boomer spouse. You love that person, too, and with love comes a sense of protectiveness.

You are remarrying in your 50s, 60s or even 70s. One of the aims of a “gray” marriage is to support each other as you grow older, enjoy retirement together, and care for each other as you age. This is part of a long-term marriage. Your allegiance and commitment to your new spouse must be very strong in order for a second marriage to succeed. And that includes, in most cases, a financial commitment to your new spouse.

A challenge faced in Baby Boomer second marriages is how to balance the competing interests of our new spouse and our children. We want to support the well-being of our new spouse (who we love), and also to help our children by giving them a financial “leg up” during our lifetime and after our death.

What happens if I die without a prenup?

Most states have laws that protect the interest of a surviving spouse to inherit from his or her deceased spouse. If someone dies without a will (this is called “intestacy”), depending on the state and the family composition, a surviving spouse could obtain from 30% to 100% of the deceased spouse’s probate assets.  Non-probate property (such as life insurance and retirement accounts) is distributed in accordance with the account owner’s beneficiary designations.

You can enter into a discussion with your fiancé before the marriage as to what your estate plans would be after each of your deaths. Will your assets be split between your surviving spouse and children? Will the surviving spouse hold some of your property for future distribution to your children?

In all states, a spouse has the right “to elect against the will.”  That means, that if that spouse has been disinherited or receives an unreasonably small legacy, that spouse may apply for a statutory share of the deceased spouse’s estate.  Depending on the state, this provides a widow or widower somewhere between the income generated from 30% of the estate and 50% of the entire estate outright.

An estate plan that provides a surviving spouse at least what this spousal election against the will or intestacy would provide (if that’s consistent with a spouse’s estate distribution intentions) would be a good way to divide an estate between a person’s (second) spouse and his or her children from a first marriage.

However, sometimes the surviving spouse will need to be supported during his or her lifetime before assets are distributed to the children of the first spouse to die. This can be done by estate planning that includes QTIP trusts, credit shelter trusts, and lifetime interests in real estate. All these possibilities need to be thought out carefully, with the guidance of an estate planning attorney.

The downside of relying on premarital (or post marital) discussions and decisions is that people can change their minds any time before their death. Also, sometimes flexibility is important in estate planning. Things can and should change as events unfold.  But people can change their estate plans and beneficiary designations right up until the time they die. Sometimes this can result in a very undesirable surprise.

Then there’s the issue of divorce.

If the second Baby Boomer marriage ends in divorce, there is a full panoply of laws dealing with property division and spousal support.  These laws have developed over many years. Their intent is to provide an equitable result based on the facts and circumstances of that particular marriage.

But some Baby Boomers have felt burned by their first divorces, especially if they had the bad luck of having a highly litigated divorce.  (There are many better ways to get divorced!)

Where do Prenups fit in?

Prenups can provide certainty on these three issues: what happens if one of the spouses dies during the Baby Boomer marriage, what happens if there is a divorce, and if there is a divorce, how do you avoid litigation?  Prenups can also provide ground rules as to how the couple will spend money and support each other financially during the marriage.

In a prenup, children of the first marriage can be protected, while balancing the financial needs of the new spouse. Divorce terms that seem fair and equitable can be included, and even some flexibility can be built in if things change in the future.

If there is a divorce, the method used in the divorce can be specified. It can be an alternative dispute resolution process such as mediation, collaborative law, or arbitration.

Prenups can also set the terms of how the new couple will financially assist their children from their previous marriages. Will there be lifetime gifts made equally to all of them? What if one child needs more help than the other children? What funds should this assistance come out of – previous premarital assets or assets and income earned and accumulated during the marriage?

Prenuptial agreements are not always the magic bullet they are touted to be. Because they are done right before the marriage, they often cause painful conflict between people who love each other at the very time feelings are the most tender. They pit people in opposition with each other, and often under the guidance of attorneys, the result ends up being extremely unsupportive of the financial needs of one of the new spouses, to the stark advantage of the other.

That’s because many attorneys view prenups solely as “asset protection” contract, without thinking about the health of the marriage or the well-being of a less-moneyed Baby Boomer spouse. Remember, showing caring and compassion to each other (even if you are negotiating a prenuptial agreement) bodes well for the health and survival of your new marriage. In fact, caring and compassion for the other is at the core of a successful marriage.

Prenups are generally enforceable, so the terms you have chosen will not be changeable unless you mutually agree on the changes. In this way, people entering into them can have peace of mind as to what will happen during their lives and after their death. But the downside is situations may change, and one of the spouses may be unwilling to change the terms of the prenup when the other spouse feels it’s appropriate to do so.

Remember to play fair.

If you’ve decided to negotiate a prenup, remember to play fair. Show your love of the person you are marrying by providing in the prenup for a soft landing in case your marriage ends in divorce. And as hard as it is (and despite a possible bad experience from your first divorce), remember that divorce laws can be good guidance when formulating terms in a prenup to address a split-up in a fair and compassionate way.

So, congratulations on your Baby Boomer second marriage.  You have some choices to make –including whether or not to have a prenup.  Also, you may want to have some serious discussions about the terms of your marriage and how you will handle your estates if one of you dies at a time when your marriage is intact. Be sure to get the guidance and information you need to understand the issues involved and how to address them. This will help make things clearer between you and will serve to make your marriage stronger when you tie the knot again.

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Game Of Memes? HBO, Trump, And Trademark Parody

It seems that everything President Trump comments on receives a good deal of scrutiny, but when it comes to his Twitter account, the dialogue can be scathing.  Recently, President Trump decided to tweet about the upcoming re-imposition of sanctions against Iran as a result of his decision to withdraw from a 2015 accord negotiated by the Obama administration.  In tweeting about this point, President Trump decided to do his own take on a meme from HBO’s hit series “Game of Thrones.”  More specifically, he modified the often-quoted line from the series (now a registered trademark of HBO), “Winter is Coming,” by tweeting “Sanctions are Coming” using a similar font over a picture of himself giving a stern look that, in my humble opinion, attempts to channel the Dothragi. Soon thereafter HBO took to the social media platform objecting to his purported “trademark misuse.”  Apart from the turn of phrase (more on that below), the real issue seems to be his attempt at parody, and there is more to it than you may think.

President Trump’s tweets seem to get under a lot of people’s skin (yes, that is an understatement), and HBO is no exception when it comes to its hit series. HBO’s first response was in a statement to CNN, saying, “We were not aware of this messaging and would prefer our trademark not be misappropriated for political purposes.” HBO soon responded on Twitter with a far more tongue-in-cheek response: “How do you say trademark misuse in Dothraki?”  Kudos to HBO for the witty comeback, but “trademark misuse” is a stretch, to say the least.

The doctrine of trademark misuse is simply rarely applied as a matter of trademark law, garnering little traction in modern courts. More importantly, trademark misuse is really a theoretical defense to an action brought by a trademark owner — it is a defense premised upon the trademark owner’s use of its own trademark in violation of the law.  Ultimately, this has been couched in trademark cases under the defense of “unclean hands,” such as where the party seeking the relief from the court has engaged in fraud, deceit, unconscionability, or bad faith related to the matter at issue to the detriment of the other party.  HBO obviously can’t claim trademark misuse against itself, so it seems better to say that the network takes offense to President Trump’s attempt at parody of its registered trademarks.

Trademark parody is a defense to trademark infringement, premised upon the fact that parodies can serve as legitimate First Amendment expression, but is a tricky area because the courts have handled this defense in different ways. Some courts have applied the standard “likelihood of confusion” analysis while incorporating the First Amendment as a factor, others applying balancing the First Amendment expression against the likelihood of confusion, with some courts simply favoring First Amendment expression over any likelihood of confusion.  Even though there is no single test that is favored, whether such use is commercial does appear to matter.

In the present case, it is painfully clear that no one would confuse the “Sanctions are Coming” meme with the Game of Thrones “Winter is Coming” trademark.  The font may be the same, but the content of the photo being of the president (rather than that of the Game of Thrones character originally associated with the phrase, Ned Stark) is different and leaves little room for confusion with the series. Further, the fact that the president’s tweet is not tied to a commercial product further supports the defense of parody.

A point worth mentioning, however, is that those engaging in trademark parody really need to get it right.  The  “Winter is Coming” motto of the House of Stark is not a happy one — it is an ominous phrase that engenders “warning and constant vigilance,” and may also interpreted as an intimidation to those enemies of the House of Stark.  It appears that in the president’s turn of phrase he was trying to channel that tone within his own meme (and given his expression in the photo, he appears to be doing a good job of it).  The point here, however, is that engaging in parody requires deft use of humor and satire, using enough of the original to allude to it, but not so much as to create any likelihood of confusion.  Minds may differ on whether he did that in his meme, but you get the point.

Let’s not lose our heads like Ned Stark here — reasonable minds can (and do) disagree on the president’s “Sanctions are Coming” meme, but it’s not “trademark misuse.” From a parody perspective, the president may be resting on some reasonable ground, but remember that parody is merely a defense to a trademark infringement or trademark dilution action.  There are a number of colorable grounds upon which HBO could take exception to the president’s meme.  The bigger question is whether escalating the matter beyond Twitter to the courts draws more attention to the president’s meme, thereby exacerbating an already touchy issue.  From my perspective, HBO’s witty yet legally inarticulate response was a step in the right direction, and should be left there. There is another quote from Game of Thrones that would be wise to heed here: “Some old wounds never truly heal, and bleed again at the slightest word.”   In the present case, it may be best to just let this Twitter spat pass.

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Tom Kulik is an Intellectual Property & Information Technology Partner at the Dallas-based law firm of Scheef & Stone, LLP. In private practice for over 20 years, Tom is a sought-after technology lawyer who uses his industry experience as a former computer systems engineer to creatively counsel and help his clients navigate the complexities of law and technology in their business. News outlets reach out to Tom for his insight, and he has been quoted by national media organizations. Get in touch with Tom on Twitter (@LegalIntangibls) or Facebook (www.facebook.com/technologylawyer), or contact him directly at tom.kulik@solidcounsel.com.

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