The February 2013 Bar Exam: The Multistate Performance Test

Many states, including the Uniform Bar Exam, have a multistate performance test.

The MPT consists of a 90-minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.

The test is developed by a drafting committee that has had extensive experience in writing, editing, and grading performance test items. All MPTs are pretested, critiqued by independent experts, and reviewed by the boards of states using the test prior to final revision by the drafting committee. Each MPT is accompanied by a grading guideline designed to assist states in scoring the test.

The MPT items are administered the same day as the MEE. States score the test themselves and determine what weight to give it in relationship to the other parts of their bar examinations.

The MPT is not a test of substantive knowledge. Rather, it is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. The MPT requires applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the law to the relevant facts in a manner likely to resolve a client's problem; (4) identify and resolve ethical dilemmas, when present; (5) communicate effectively in writing; (6) complete a lawyering task within time constraints.

These skills are tested by requiring applicants to perform one of a variety of lawyering tasks. Examples of tasks applicants might be instructed to complete include writing the following: a memorandum to a supervising attorney; a letter to a client; a persuasive memorandum or brief; a statement of facts; a contract provision; a will; a counseling plan; a proposal for settlement or agreement; a discovery plan; a witness examination plan; a closing argument.

Bar Professors provide private bar exam tutors for students who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

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