In the News, On the Bar Exam: A Courtroom Error and a Bar Exam Essay Writing Tip

From time to time, real-world headlines offer a natural opportunity to revisit foundational legal principles. This series draws on those moments to help reinforce concepts commonly tested on the bar exam—always with care and respect for the people and circumstances involved.

In a Fulton County, Georgia courtroom last week, a defendant briefly experienced the worst words anyone on trial could hear: “We, the jury, find the defendant guilty.”

The problem?

The jury had actually found him not guilty.

The judge had accidentally left out a single word—“not”—while reading the verdict. After confusion rippled through the courtroom, the judge corrected himself and confirmed the acquittal. The defendant was free. But for a tense few moments, one missing word completely changed the meaning of justice.

It’s a vivid reminder of something I emphasize to every bar exam taker: On a high-stakes exam, leaving out even a small word like “not” can change the entire meaning of your answer.

Why “Not” Matters on the Bar Exam

Bar exam essays and performance tests are written under time pressure. In the rush, it’s surprisingly easy to skip a short but critical word. Imagine intending to write:

“The defendant is not guilty of larceny because the intent element is missing.”

but instead writing:

“The defendant is guilty of larceny because the intent element is missing.”

That’s the kind of slip that makes graders pause, reread, and possibly conclude you misunderstood the law. On an exam graded quickly, those missteps can cost valuable points.

The Case for Contractions

One way to guard against dropping “not” is by using contractions. Instead of writing “is not,” write “isn’t.” Instead of “does not,” write “doesn’t.”

Contractions do three things for you on the bar exam:

• Clarity: They reduce the risk of skipping a word that changes meaning.

• Readability: They make your writing more natural and easier to digest.

• Efficiency: They save time and space in a timed exam setting.

  
  

Legal writing traditionalists sometimes frown on contractions, but in the context of bar exam essays and performance tests, they’re not only acceptable—they’re practical. You’re not writing a law review article. You’re writing a 30- or 90-minute response that must be clear, complete, and easy for a grader to follow.

Professional Writers Do It, Too

Bryan A. Garner also is a proponent of using contractions in legal writing. And if it’s good enough in legal writing, it’s good enough for bar exam essay writing. Here’s an excerpt from one of his columns that originally appeared in the December 2016 issue of the ABA Journal:

… most legal writers have been conditioned to think of contractions as verboten. They’ll write: “They do not allege this because they cannot” instead of “They don’t allege this because they can’t.” You feel the difference? The former feels robotic.

But many superb legal writers use contractions freely. Judge Frank Easterbrook, Judge Neil Gorsuch, Justice Elena Kagan (only in dissents), Judge Alex Kozinski and Chief Justice John G. Roberts Jr. are just a few examples. Start noticing contractions when you read any kind of nonfiction that you enjoy.

Contractions can play a big role in creating an agreeable voice. I recently wrote a book with a dozen illustrious appellate judges as co-authors: a 920-page treatise called The Law of Judicial Precedent. With 13 different writers contributing to a single book without signed sections, the challenge was to make the voice consistent throughout. In signing on to the project, my co-authors agreed that I would have final say on all matters of style.

Apart from tightening, sharpening and brightening through 250-plus drafts, I inserted contractions wherever I felt the idiomatic need. Perhaps more than any other change, that one gave the book a consistent tone throughout. And it led to other good edits. Remember: One good edit leads to another. The goal was to have the book speaking as the voice of reason—but always an approachable, companionable voice.

A Final Word (and a Warning)

The Fulton County judge’s slip was quickly corrected, and the defendant walked free. On the bar exam, though, there’s no one in the room to ask, “Didn’t I say ‘not’?” Your writing has to stand on its own.

So here’s the takeaway: Don’t let your meaning hinge on a missing word. Use contractions. Keep your writing clear, direct, and easy to read.

Because on exam day, clarity isn’t just style. It's survival.