Law Essay Exam Writing System (LEEWS)

After over 40 years (9-10 hour audio program last revised/recorded 2004. (Tenth edition of accompanying [200 page] manual updated in 2016), DOES LEEWS STILL HAVE THE JUICE?

I.E., HAS LAW SCHOOL MOVED BEYOND THE LEEWS SCIENCE OF EXAM WRITING AND EXAM PREP?

EMPHATICALLY NOT, AS THE BELOW LENGTHY BUT INSTRUCTIVE EXCHANGE MAKES CLEAR!

Note: Apart from computers and computer research, inflated grading, tuition hikes, and professors with far less experience as practicing lawyers(!!), NOTHING OF NOTE HAS CHANGED IN ALL LAW SCHOOLS FOR OVER ONE HUNDRED YEARS! Same confusing essay exams (because you'll see them on the bar exam), same floundering by students hard-working enough, smart enough to do a whole lot better if they had the TRUE SCIENCE LEEWS offers, and grasped the failure to instruct "how to think as a (practicing) lawyer" of universal, intimidating (not to LEEWS grads!) Socratic Method.

See below for proof: A somewhat lengthy but instructive exchange between LEEWS founder/instructor Wentworth Miller and one M___ H____, a current second term Univ. San Diego 1L who wrote to Mr. Miller for followup advice after ordering the audio CD version of LEEWS in August 2023, did extremely well(!!) on his first set of exams, and now writes requesting advice on how to continue to do well, how to handle certain kinds of exams, whether to try to transfer to Stanford Law or stay at USD and seek a full scholarship.

[Mr. Miller's response precedes M____ H_____'s inquiry.)

1/24/24. Hello, M____. Sorry for the delay in responding. Always delighted to hear of success of LEEWS grads. Congrats, congrats to you on your stellar performance! You will now of course be deemed a "genius of the law." And whatever happens henceforth, you'll retain that aura and designation.

I'll respond to certain of your concerns/inquiries below in context.

WM

On 1/21/2024 10:46 PM, M_____ H______ wrote:
Dear Mr. Miller,

I apologize for the long email.

I recently received my fall semester grades for the University of San Diego School of Law. I achieved a 3.96 GPA for my 1L fall semester. 4.1/A in Civil Procedure, 4.0/A in Torts, 4.0/A in Criminal Law, 3.5/A- in Legal Research and Writing. This is in big part to the advice you give, and the amazing course you have written.

My concern now is repeating such success. The previous semester consisted of 3 Essay Exams with no multiple-choice questions. I also had a midterm in each class (Civ Pro and Crim were MC where I was approximately 3.3 in Civ Pro and 4.2 in Crim whereas Torts was an essay and I scored a 3.6) which the professors said was worth 20% of our Final Grade, except Torts which was 33%.

This semester I have the same professor from Torts for Property (Essay Midterm 33% + Final Essay 66%) which is good. However, I have two new styles of Exams to adjust to in Constitutional Law and Contracts. The Constitutional Law professor will have a Final Exam with an Issue Spotting Essay Question and MC questions. No midterm, and no confirmation on access to old exams, but we will do a practice issue spotter a few weeks prior. Contracts will have a practice midterm (I believe it will be an Essay only) and a Final Exam also consisting of an Essay and MC.
What you've learned will stand you well on C and C exams. See sample con law exercise in the book. Also contracts advice (toward end of program)... Know various (sub-issue) requirements for forming valid contract, premises re defeating contract. All are premises one party to conflict or the other may employ.

You should do LEEWS again in any case. Yes. The entire program, as it will make thta much more sense now that you've taken a set of exams.

Yes, other students will improve performance--begin outlines sooner, understand they need to know black letter law better. But they won't improve that much. They still haven't learned to "think as a (practicing) lawyer." Exams will still confuse. Moreover, they no longer deem themselves capable of A's (!!). Moreover, will relax a bit knowing that their typically abysmal performances will earn at least a B-, C at worse.

(As law schools now do not want to jeopardize grossly inflated tuition they get. E.G., no gyms, no labs, no athletic teams, large classes... Yet charge the same as med schools and colleges/universities!!)

TRULY A SCAM!

I know you mention in your book, that old bar questions can be useful for MC practice. Considering my Contracts professor is in her first year of teaching, I doubt she will write practice exams for us other than the midterm, whereas there might be a chance our Constitutional Law professor will show us old finals.
Your exam will stand out for her as it did for other professors. An actual lawyer on the page with concise paragraphs targeting relevant law and factual interplay is that RARE, and she's likely at least somewhat a lawyer. (Does two years of clerking make a lawyer? No.) Will appreciate your exam in comparison with haphazard, scattered thinking classmate efforts.

Based on the principles you teach in your book, I am planning to just practice each style of question, learn how much time or how many points are allotted to each part of the exam, and plan my attack from there. Do you have any other advice or recommendations?
I'm eager to continue my success and make it sustainable. I assume that the students in my section will only work harder and likely perform better than last semester, so I want to strategize a plan to stay where I am. My goal is to either increase my scholarship to a full-ride or transfer to Stanford on top of being a strong candidate in the job market.

Best,

M____ H______

Your plan is fine. There's no need for law students to struggle as they do. All are smart enough to do much better, IF THEY UNDERSTOOD WHAT YOU KNOW!

As ALL law schools (and professors/admins) believe that grades such as yours signify "genius of the law," YES!, Stanford likely will want you. (Certainly, say, Georgetown, which takes many transfers.) But they'll likely offer a partial scholarship at best.

Although first years normally don't, you'll surely get a top job during your fall hiring season. Sit up! Be interested! Research the interviewing firm. Be prepared with followup questions when they stop selling.

Of course, now let selected professors and admins know you're seriously thinking/looking to transfer. Then be humble and calm as you wait for their offer of more tuition aid. Perhaps settle for nothing other than full. But judiciously handle this IMPORTANT NEGOTIATION.

All the best and continued success!

And please tell other students about LEEWS... Sure. Next year. We get that. 🙂
WM

BEFORE...
Unfortunately I’m already a scared/struggling 30 year old 1L, but I saw several successful students on reddit recommend LEEWS, so I purchased it as soon as I could, and I’m eager to get started ASAP.
J

and AFTER...
Hi Mr. Miller,
I just got my grade back from my criminal law midterm exam and I received a 96%, which was the highest grade in the class. It was all due to LEEWS and I know this because I had pushed myself to finish the system and prioritize its completion just days before my midterm exam. I plan to review the primer and listen to the analysis section again while I prep for my finals coming up in December. Thank you so much for creating this system and for getting it to me as fast as you did. I am such a believer and so grateful to LEEWS!

Thank you!
Cordially yours,
J

LEEWS (Law Essay Exam Writing System) – The Law School (Bar) Exam Writing / Study / Preparation System (LEEWS) will help you prepare for and write A exams (B's guaranteed) and/or pass the bar. Wentworth Miller – attorney, Yale law graduate ('77), The Law School (Bar) Exam Writing / Study / Preparation System (LEEWS) will help you prepare for and write A exams (B's guaranteed) and/or pass the bar. Wentworth Miller - attorney, Yale law graduate ('77), Rhodes scholar has developed polished for over 25 years comprehensive system of preparation e...

9/13/2020 email from a Cornell 1L

My Mentor at Cornell Law passed the book and some of the basic info
along. I’m excited to get started and love everything about the approach.

Thank you for all that you do! It’s really helpful to have a beacon in
the storm that is the first semester of 1L. I’ll be sure to keep
everything in mind, moving forward!

UVA LEEWS grad 1st term disappointment
(Program ordered 2 wks. before exams.)

Dear Mr. Miller,

I wish I could email you in better spirits. Grades are starting to roll in, and my predictions have been entirely off. So far I have a B+ for both Torts and Civ Pro. I expected at least an A- for Civ, so not a complete surprise. I knew I had lost some time making major mistake #1, and missed an important issue early on.

I'm completely blown out by my torts exam. I practiced extensively with the LEEWS examples and felt that torts was one of my strongest subjects. I walked out believing I had unquestionably aced it and applied the LEEWS method efficiently. I believe the professor may have been dissatisfied with my method for citing cases. Looking back, I think my analysis seemed strong and I spotted a large number of issues. This semester is looking to be a very weak showing, and I really don't understand where I went wrong. The scariest part is that I have absolutely no idea what to correct for next semester.

Any guidance would be greatly appreciated.

Best,

S______


Mr. Miller response:

Hello, S_____. Sorry about the disappointing results.

The good news. Just one term, and you're surely in the top half, probably the top third.

Not sure what is meant by "dissatisfied with my method for citing cases." Is/was there some sort of elaborate case-citing protocol?

Best person to answer this ? is your professor!

A series of concise paragraphs beginning abruptly with relevant law, featuring to-the-point analysis making able use of professor facts, hitting most issues (more than most students identify) should be rewarded.

What matters now is your reaction going forward. Sure--feel disappointed, frustrated... Then... go back to the drawing board.

First, get hold of the model responses and compare. Weaknesses and missteps may become apparent.

If NOT, and whether yes or no, make an appt. to go over the exam w/ your professors. They likely aren't used to this, as most students are cowed, relieved with B's, don't really know what to ask or focus on.

I suspect there are very few comments on your exam response. Because... Too much work to go over exams that carefully.

Probably an impression was formed in the first couple pages of where your grade should fall. Then a quick tally of issues...

B+ disappoints relative to grades you're accustomed to, but is a good grade in law school.

Perhaps your march of issues/discussions seemed... Too... workmanlike? Too lacking in analytic pizzazz to merit a rare A? (Although overall you may have covered more than the few who got A's.)

Maybe, early on, you overdid issues that weren't the key ones the prof was looking for. If addressed later, they might have been overlooked.

Having the LEEWS model, insights, etc., you are knowledgeable enough to have a meaningful give and take, and to ferret out some answers.

I suspect you'll gain some insights. It's the first year, not the first term that matters.

Carry on!

WM

8/29/2019 email from IL who didn't do LEEWS before starting (and Miller response)

Hello Mr.Miller!

For personal reasons, I was not able to do any of the LEEWS prep before law school, even though I have both the book and all the CDs (the whole package).

I'm already in law school and have been busy reading the materials and briefing all cases, as that was suggested and recommended.

Because I'm a slow reader, it takes me a lot of time to both read all the cases and brief, categorizing information.

Most of my professors ask a lot more than I'd be able to answer from a simple brief. So I've been spending more time reading and briefing, trying to put as much information as possible.

This approach may seem wrong.

Since I don't have a lot of time, are there any chapters you would so recommend me to read about briefing, outlining and how to prepare for law school exams?

I will try to read your entire book after my fall semester and before my spring semester. But I would like to know your proven methods of briefing, outlining and preparing for law school exams like the main points/methods.

I would appreciate your reply.

Thank you Mr.Miller!


Miller response:

Okay, H_______. nothing new here. (I've been in this business and milieu for over 40 years!)

You, the same as most law students, are sinking into the usual abyss of confusion and busywork that, sadly, is unproductive and unending...

and will end with you feeling grateful(!!) for B's on exams that--25-35 points out of a possible 100!--you have failed by any normal standard.

BECAUSE THE INSTRUCTION YOU'RE RECEIVING FROM THE LAW SCHOOL AND PROFESSORS YOU ARE AT PRESENT IN AWE OF (INTIMIDATED BY!) IS INEFFECTIVE IN TRANSITIONING STUDENT THINKER-LEARNER--YOU!--INTO SOMETHING APPROXIMATING A PRACTICING ATTORNEY ARMED WITH SYSTEMS TO ENABLE DOING IN 3 HOURS WHAT LAWYERS HAVE DAYS TO DO.

Let me ask you a simple question--how often in your classes have you heard the words "lawyer" or "attorney?" e.g., "the way a lawyer might approach this..."; "what an attorney might think [say, do] here is..."

I know the answer. you don't have your cases approached or couched in such terms. You haven't heard those words (now that you think about it). Yet on the exam--no surprise!--you'll be expected to perform "as a lawyer"... under time constraints lawyers never face! That will defeat you, apart from the salient circumstance that you remain clueless about how lawyers think.

Have you heard the word "client" in any of your classes?


So-o-o. what's it going to be? Follow my advice, or be one of the many smart, hard-working lemmings heading for a cliff of ego-deflation and disappointment?!


Here's a more targeted answer to your query:

You didn't do the program, because you didn't make time to do it. Have seen/heard this many times.

Sorry, NO! There are NO chapters you can skim or quickly read that are going to make a difference. You can look at chapter 14. It outlines a precise plan of attack for briefing in 2-4 lines, taking 1/2 page of class notes per class hour, weekly outlining, A-Z of preparing for and getting the most out of class discussion. (20 min. max of useful info in a typical hour)...

e.g., start the brief of every case by ignoring facts and right-away searching for law you may be responsible for on the exam...

unfortunately, without having patiently gone through the audio program--cuz you can't get the LEEWS science from a book!--you're not going to be able to understand or implement the instruction of chapter 14!

Correct! I'm saying your current approach and most of what your professors have told you to do is wrong! A path to continued confusion and mediocre exam performance. (Those few who get A's, whom all will revere... they got 35 or 40 points out of 100. THEY ALSO FAILED THE EXAM! Merely less incompetent than 85 percent of the rest of the class.)

My advice: stop the (ineffective) busywork and work through the entire program ASAP!

If you can't find the motivation--because reading continues to build up and you're afraid of being embarrassed if called upon--, fine; wait until after first term. (You'll survive. They don't flunk anyone at the top-100 law schools.)

BUT. your confidence will be diminished even more than it currently is. You won't believe the [LEEWS] program can help, much less result in A's. However, you will appreciate and understand the instruction better.

WM

LEEWS (Wentworth Miller) response to confusion of UC San Diego 1L respecting somewhat unorthodox instruction and how to apply LEEWS in a crim law class.

Hi Mr. [sic] Wentworth,

I am having trouble using the LEEWS method to prep for this Prof. final exam. He discusses mini hypos all semester. I know it is late, the exam is Dec 11. But I just wanted to know if you had any suggestions for how to prepare for his final. He does not use the case method, nor do we extract black letter law from cases.

Respectfully,

A __

___, University of California San Diego



good morning, A___.

I looked at several of your prof's problem sets. below are two. I'm assuming this is what you mean by the "mini hypos" you've been getting all term, which you are having trouble applying LEEWS to. i shall assume that relevant law (which you said does not come out of cases) resides in the MPC. probably you'll be allowed to take it into the exam. ascertain whether such is the case.

Problem Set 8
1. The defendant, a sailor from Baghdad, committed an act of so**my while his ship was docked in London in 1836. In his own country, this act was not considered a criminal offense. He claimed that he was ignorant of the fact that so**my was a criminal offense under English law, and the jury believed him. If English law were governed by the Model Penal Code provisions on mistake of law and the U.S. Constitution, what result?

Write a one-page memo discussing the problem.

2. Defendant, an operative of the C.I.A., is uncertain whether breaking into the office of a physician and looking through her files, which he had been asked to do for the Agency, is legal under some national security exception to normal laws against breaking and entering. His superior in the C.I.A. assures him that this is a “legal” break-in. He later comes across the U.S.
Attorney General at a party, who also assures him over drinks that what the C.I.A wants him to do is legal. Defendant then performs the break-in and is arrested by state police. In fact, the break-in was not legal under any national security exception, though some break-ins are. At his trial he pleads mistake of law and offers proof of the above facts. Under the Model Penal Code,
is he entitled to the mistake of law defense?

Write a one-page memo.


Okay. here's the deal. I suspect this professor, similar to others, grasps that sitting in class going over briefed cases doesn't cut it in terms of preparing students for essay-hypo-type exam exercises. (good for him!) however, he's merely frightening you and classmates early, as... re such exercises as the above... most are clueless how to address them "as a lawyer."

here's what you have to keep in mind--essence of LEEWS!... at bottom, ALL PROFS WANT EXACTLY THE SAME THING!...they want to see a lawyer knowledgeable in their legal subject area (of instruction) coming off the exam page!.. BOOM! that's it!

thus, whatever the format of instruction experimentation--which is what we have here--YOU WANT TO KNOW BLL (black letter law) COLD! (at least where to find it in a code course--this one?--... portions of interest to the prof...) IT--BLL--IS TO UNDERPIN THE EXAM RESPONSE, in which you will (more importantly) flatter the prof by massaging facts he took the time to make up AS A LAWYER.

thus, you want, basically, to ignore the prof's experimental fluff and get to demonstrating (on the all-important finbal exam) what ALL profs want to see.

LEEWS IS A MEANS OF CIRCUMVENTING CONFUSING EXPERIMENTAL TEACHING (as well as standard case-method) TO GET TO WHAT ALL PROFESSORS WANT TO SEE.


referring, e.g., to #2 above... you apply The Blender--who's against whom?--what does each side want (common sense objectives)--what premises come into play (relevant BLL)? standard catechism.

here you have X State vs. CIA operative (state charges), charging B & E (anything else?). analyze that in a paragraph or two applying relevant BLL. however, as such isn't the main thrust, give it relative short shrift.

the main focus, clued in the hypo, is the counter-premise--mistake of law under the MPC. BOOM!--abruptly begin a paragraph--R of IRAC--w/ relevant portion(s) of the MPC. (if not w/ you in the exam--ascertain such beforehand--it must be in your head... your hastily recreated at beginning of exam 2-page BLL topic outline.) now analyze (several paragraphs?), using above facts. play the lawyer game! you don't care who wins.

RELEVANT LAW APPLIED TO RELEVANT FACTS! the whole ballgame. LEEWS puts you in the game, teaches you to play!


#1 above--same deal. respecting facts, if it creates more opportunity to impress, feel free to assume new facts--e.g., "assuming, arguendo,... (throw in some stuff).

however, only after fully massaging given facts! there are a lot of students in the class, therefore a lot of exams to grade. {not really that hard. most are so incompetent, the prof gives a... B_?... w/ no comments. he doesn't really read most exams!...they're crap!).

profs don't want to deal with stuff (response based on facts you make up) not in their model response. but IF you think you're rolling nicely--the prof is so pleased to encounter a lawyer coming off the page!--you might throw some extra stuff down. e.g., maybe you start a new paragraph entitled (note the underlining to set it off.) "Policy aspects." blah-blah in that vein for a bit... IF you think the prof would like it.

SEE BOOK INSTRUCTION RE "KNOW YOUR PROFESSOR."

ALL EXAMS ARE FODDER!... mere grist for you to show off 1) knowledge of relevant BLL (more important to some profs than others); 2) (more important) that you are invested in the prof's facts, know how to use the prof's facts (THAT YOU GRASP THE LAWYERING GAME!)

if no facts--e.g., "what are your thoughts re mistake of law defense under the MPC?"... then you make up a fact scenario. (see. fn 16, p. 108 of 10th edition of Primer. it's also in a fn. of earlier editions... maybe 40 PP earlier?)

to put it crudely (DT fashion?)--the idea, what leews enables in spades, is to MAKE THE EXAM YOUR _____! (rhymes w/ witch).

note: mastering leews is a work in progress. this set of exams is part of the learning process. given that classmates are very likely (much) more confused than you, you'll probably do well--B+ to A--even if you think you didn't. (hey. 40 pts out of 100 is failure. but it gets an A in law school!)

revisit entire LEEWS instruction after this set of exams. keep getting better at the law exam lawyering game!

WM

Dear Mr. Miller,

I used LEEWS to prepare for law school last year, and as a result [3.62 GPA!] was able to achieve my goal of transferring to a top ten school from a 40’s ranked school. I owe much to your program! Still going strong after all these years.

I know LEEWS will carry me through the competition at my new school, too. I was amazed how little people knew about law school exams. I definitely had a HUGE leg up compared to many. Also, I noticed several LEEWS diagrams being handed down to 1Ls as part of the law school exam lore by older students, even those who perhaps did not have the benefit of the full program. I will be sure to recommend people buy the full disc set!

Best,

Charlie T.
(Email received 6/27, 2018)

Email received 5/31/18. (We're always delighted to hear of student/customer success. Frankly, however, not at all unexpected.)


In my 1L year I had a 2.45 GPA. The summer between 1L and 2L I spent time with your LEEWS material and did practice exams with a few professors. My 2L and 3L years I had nearly all As! Some semesters I had as high as a 3.7 GPA!!! I graduated in 2017 with a 3.1 GPA (which factored in the 2.45 semester). I passed the CA bar exam on the first try. (Only 49% of people do that.) Thank you for your valuable tool. Having been a scientist before law school, I needed a little extra help adjusting my writing to a legal style. Your product works! I've even been published (an entire original law review article, not just a comment), and I've won two legal writing awards.

More advice for young lawyers in court, especially young women dealing with "old boy" disregard.


Hi, F_____

Wanted to add to my earlier advice re dealing with dismissive and other boorish male lawyer/judge behavior in court.

Simply approach them--lawyers, judges--individually or in a group, and express your concerns and feelings. Ask if they are aware that they are [whatever]. And if so, are they doing it intentionally, do they really mean to, would they do that to one of their daughters or want it done by other men.

All in a calm manner. Men are not accustomed to such an approach. (Probably deem it weakness.) However, airing matters, sensitizing people to abuses they and others are committing... Very effective.

You might say, "Could we discuss this over lunch?" Ask THEM what you might do to overcome... Name the problems/concerns. E.g., "Is there something about me or my appearance?"

Main thing is you've introduced yourself, inserted yourself into their world as person in addition to female lawyer. Who knows? You may even prompt a mentoring relationship.

Hope I mentioned joining the local bar assoc. and getting to know lawyers and judges on a personal level via joining them on volunteer committees.

All the best!

W