Sign a contract to pass the bar exam

I recently finished reading a fascinating book by Robert Chaldini called, Influence.

The book is about persuasion and the psychology of why people say “yes,” including when they probably should say no.

As you might guess, the book has good information for lawyers. But, it also has value for people taking the bar exam.

Commitment and Consistency

In chapter three , Chaldini speaks of the power of commitment and consistency. Chaldini’s thesis is that if you will make a commitment or take a stand publicly and “on the record,” it sets the stage for automatic consistency with that earlier commitment.

Thus, for example, a salesperson will get you to buy something really inexpensive, because you are now committed to being a customer. Once having made that commitment, it is much easier for the salesperson to sell you something more expensive because you have already purchased something from the salesperson.

Similarly, Chaldini recounts psychological experiments demonstrating that homeowners who signed a petition in favor of state beautification are statistically much more likely to agree to display a “Drive Carefully” sign on their lawns than people who were not ever asked to sign the petition. Why? Because those who signed the petition had committed themselves as public-spirited citizens who cared about public service.

Chaldini provides many other examples to arrive at the conclusion that our own behavior acts as a feedback loop for our beliefs, values, and attitudes. According to Chaldini, a central source of that self-identity is what we have written.

Chaldini says (and I agree) if we write something down, it is much harder to distance ourselves from the belief memorialized in that writing. In fact, if someone else saw the writing, they would almost certainly assume that we truly believed what we wrote, even if we were just doing a bizarre thought experiment.

How does this apply to the bar exam?

I suggest you combine the commitment and consistency idea with the “writing-is-self-identity” idea and create a written contract with yourself to pass the bar exam. (As a bonus, you get to practice your contract drafting skills.)

In Influence, Chaldini talks about how Amway door-to-door salespeople asked potential customers to fill out all written sales agreements rather than doing it for the customer. The affirmative act by the customers of writing their own order greatly decreased the number of customers who canceled their orders during the “cooling off” periods imposed by state law.

So, fill out your own contract with yourself to ensure your commitment to study for and pass the bar exam.

Sample Contract to Pass the Bar

[Click here to download a version of this contract in rich text format for easy editing.]

AGREEMENT TO PASS THE BAR EXAM ADMINISTERED ON [MONTH] [YEAR]

The parties to this Agreement are:
1. [Your name here], recent law school graduate; and
2. [Your name here], future attorney at law.

RECITALS

Whereas the state of _________________ offers the bar examination twice per year, in February and July;

Whereas, [your name here] has registered to take the bar examination in the state of ________________ during [month] [year];

Whereas, both parties agree that passing the bar examination is of great importance;

NOW, THEREFORE, in consideration of the mutual promises and undertakings of the parties hereto, the parties agree as follows:

AGREEMENT

1. [Your name here] promises to study ___ hours per day during the week [optional: and __ hours per day on the weekend].

2. While studying, [your name here] promises to isolate himself/herself from all distractions, including email, text messages, social media, and all other electronic distractions as well as noise and other people.

3. [Your name here] promises to use his/her best efforts while studying for the bar examination.

4. [Your name here] promises to perform visualizations and affirmations to ensure that he/she is confident and prepared when the day of the examination arrives.

5. [Your name here] agrees that he/she will eat healthy food, exercise and get enough sleep in order to keep his/her body and brain functioning at optimal levels during this strenuous period of study.

6. Upon receipt of passing results, [your name here], attorney at law, agrees to reward [your name here] with [insert reward that will motivate you] for his/her efforts that resulted in a passing score on the bar exam.

Signed:_________________                                            Signed:__________________
[Your name here]                                         [Your name here]
Law School Graduate                                       Future Attorney at Law
Dated:_________________                                             Dated:___________________

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