COVID-19, Teaching Law & the delayed Bar Exams


THE LEGAL FRONT

J. Art D. Brion (Ret.) Atty. Arturo D. Brion, Ll.B, Ll.M.

The Court shall finally conduct its long-awaited 2020-2021 Bar examinations in the first week of Feb. 2022.  Beyond its COVID-imposed delay, this Bar Exam is historic in many respects, among them, as the first computerized and multi-location Bar Exam, conducted under pandemic conditions, while a renewed upsurge has hardly abated.

The Court has understandably deviated from the exam’s traditional eight-subject format, reducing the examinable subjects to only four. Rather than take issue with the Court, we should appreciate this adjustment as a balancing move to compensate for the unusual challenges the exams pose to everyone.

Under these circumstances, we should say a prayer of gratitude as we ask for Divine guidance for all those affected. Ten or 20 years from now, these exams’ aspirants would be among those formulating, interpretating and applying our laws, and showing our country its directions. Our highest national interests could thus be at stake.

To many, passing the Bar exams is difficult - a task reserved only for the wise and the hardy. My late father – himself a lawyer, a law practitioner and later, a judge –had sagely added another classification – the “well prepared.”

He repeatedly told me early on that the Bar exam, though difficult, would be manageable if active preparations would start from first year of law school, not later, and certainly not only during the Bar review.  I took this advice to heart and am glad that our current Bar candidates have more, not less, time to prepare for their coming exams.

Two of my law school professors immeasurably strengthened my father’s cautionary advice by easing my law school adjustment pains, thus making my studies both meaningful and delightful.

Our law dean at the time, retired CA Presiding Justice Pompeyo Diaz, gave his freshmen students close personal attention by speaking to us at every opportunity.  More importantly perhaps, he demonstrated how he revered the law by consistently stressing its higher plane – its grand design, objectives, and how our subject – Civil Law – fitted in.

Though unforgiving to the unprepared, he was benign and fatherly to those trying their best to cope. I will always remember his bluntly direct interview reminder: “you are a working student and should try triply hard to cope in order to survive.” I made sure I heeded his advice.

Fr. Joaquin Bernas, S.J., later also our Dean, was the professor we feared and regarded with awe.  He taught Political and Constitutional Law and ably imparted to us, in his unique Jesuitical way, the beauty and grandeur of the law. He showed his utmost respect for the Constitution in the way he spoke about those who did not care to honor its terms.

I am sure that every lawyer treasures fondly-remembered law school professors like them.

As a provinciano in a premiere law school, an equalizing advice that I took pains to heed was to read, read and read.  I have always tried to relay this same advice to those who followed us.

Reading as I came to appreciate it, goes beyond “basang comics” or going through the mindless act of lightly scanning a material from beginning to end. There should be more to reading if it is to serve its true purpose; even non-legal materials should be read mindfully if we are to truly enjoy and benefit from them.

The key to reading is in fully understanding and absorbing what a reading material offers -a time-consuming objective that is neither simple nor easy to achieve. The first step is invariably a fast scan but only to get an immediate sense of the reading material’s general message. In these Google times, I shortcut this process (whenever possible) by simply googlingan assigned material to find out its main points.

The next step is to re-read (and further re-read, as needed) the assigned material for its important points, marking and highlighting these points, and carefully taking notes.  I usually read and re-read until the material’s broad outlines and important points become clear in my mind.

Simplification, outlining, and organization of notes closely follow, resulting in a coherent and understandable structure that relates the material’s various parts to one another and to the final conclusions.

This structured approach renders the material easy to remember, an important objective given that purposeful recall is my next step. Unaided by my notes, I try to recall the material’s various components, reciting each one, if possible, and fitting them all together – piece by piece - to arrive at the main conclusion.

My ultimate step -to ensure maximum personal yield from my efforts -is to apply the lessons I read and learned. This application- made even in daily conversations and in work communications (when appropriate and called for) -ensures that important lessons would stick to mind, ready to be summoned when needed.

Outside of law-related reading materials, I always keep an open eye for non-legal books and materials that I can use as models for self-improvement. History books are usual favorites. Among my mainstays are Barbara Tuchman’s series on history, and Winston Churchill’s books on his political career, World War II and world events.

An author I particularly like for his facile use and collation of diverse experiences into one logical whole is Malcom Gladwell (Blink, Tipping Point, What the Dog Saw, David and Goliath, among others). His way of citing and consolidating varied experiences into a readable whole invariably leaves its memorable impact. Another author I enjoy reading is Yuval Noah Harari (Homo Sapiens, Homo Deus, 21 Lessons for the 21st Century), an Israeli historian and professor.

After repeated practice, the simple reading steps I described can be an edge in handling law school assignments and exam preparation. At the very least, they can enhance understanding of class materials and open greater possibilities for enhanced exam results. They can also mark a law student (or a lawyer) as one who has a well-rounded grasp of his law.

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