Issue-spotting essays are one of the most efficient tools available during bar prep — when they’re used correctly. The key is understanding what you should be getting out of them and following a clear process.
Here’s the process.
1. Choose the right essays
Grab an essay where you don’t already know what’s coming. Rotate subjects and make sure you’re not avoiding the ones you like the least — those are often where the biggest gains are.
If you already remember the fact pattern or know the issues in advance, you’re not training recognition. You’re just confirming what you already know.
2. Issue spot like the exam
Read the call of the question.
Read the fact pattern.
Then issue spot exactly as you would on test day.
Treat this step the same way you would under timed conditions.
3. Write headings, subheadings, and rules only
Lay out all the issues and write the rules under each one.
Keep the rules short, tight, and exam-ready. This should be done closed note.
This step is not about analysis. It’s about structure, recall, and organization.
4. Then check two things
Issue spotting
Did you include issues that weren’t actually relevant?
If so, identify why they weren’t needed. This doesn’t usually cost points — but it does cost time, and time is critical.
Also check whether any required issues were missed.
If so, ask:
What fact should have triggered that issue?
Most missed issues are a recognition problem, not a lack of knowledge.
Rule memorization
Because this process is closed note, it trains recall.
Check whether rules were precise, too long, or incomplete. Any rule that was difficult to recall should go onto a running list and be reviewed daily.
This is how memorization improves over time.