There's No Competition in Law School: Who Needs BarBri?

Who Needs BarBri?

In an effort to get a jump on things, I've decided to start practicing for the Bar Exam.

My first practice question:

Frances and Georgette were friends who on January 7 formed a general partnership at will to operate a coffee shop. Each contributed $10,000 in cash.

Due to Frances' and Georgette's negligence, Customer was injured on the partnership premises while doing business with the partnership on January 21.

On March 31, Frances and Georgette admitted another friend, Harry, to the partnership upon his contribution of $10,000 cash to the partnership.
On June 1, Customer filed a lawsuit naming the partnership and each of the partners as defendants. Fully analyze and discuss the legal issues presented here.

My answer:

I'm spent.

5 comments:

Anonymous said...: I am unclear on this, and I love learning law from cartoons... so does the customer get the 30k + everything and everything?

Ahhh, 1Ls. You gotta love us.; 10/23/2006 9:36 PM
First Year said...: The words bar exam are starting to make me feel a bit nauseous. Its too soon for that!; 10/24/2006 10:37 AM
Calculating Bitch said...: Butterflyfish -- the real point is that I wish I could use MS Paint or interpretive dance to take the bar exam. If only...

However, to satisfy any curiosity: H isn't joint and severally liable to this particular customer because he was not a partner at the time of the incident. Since the incident occured, but before the lawsuit, H contributed money to the capital account. The customer has the potential to get all of the money in the capital accounts (i.e. $30k, which was $10k from each), plus go after all of F&G's assets outside of the partnership. While H cannot be joined in the lawsuit, his capital contribution is not exempt from being included because once he joined it became a part of the partnership.

Hows that? This was actually only one quarter of an exam question that we were given for BA. There was no way in hell that I was going to illustrate the entire thing. I was just bored in legal writing last night...; 10/24/2006 5:55 PM
Anonymous said...: Freaking awesome. Yes, freaking. Quite.; 10/24/2006 6:50 PM
John Roberts said...: Speak for yourself. I am totally pure to the max.; 10/25/2006 3:27 PM

We Came. We Were Snarky. We Disbanned.

The short story: we blogged pretty voraciously while in law school until halfway through our 3L year when law school drama interceded. We abruptly shut down, fearing exposure that would impact our full-time employment options.

Sometimes, there is, unfortunately, no humor in law school or the legal profession.

That was years ago. Since then, we're all gainfully employed. Of the LawBitches, one is a partner and two others are associates in small firms, two are solo practitioners, one works for the government, one is an in-house counsel, one work in non-traditional job in corporate America, and two are also adjunct professors at a law school.

The point is: we all survived. But if you ask us if we're happy? Or if we'd do it over again? Well, you'd get differing responses.

The bottom line: Before you decide to go to law school, be aware -- be very aware -- of what you are getting yourself into.