The Multistate Performance The Multistate Performance TestTest

Ten Tips for SuccessTen Tips for Success

July 2, 2007July 2, 2007

What is the Multistate Performance Test (“MPT”)?What is the Multistate Performance Test (“MPT”)?

In Illinois, the MPT is administered in the morning In Illinois, the MPT is administered in the morning of the first day, right after the three “Illinois” of the first day, right after the three “Illinois” essay questions.essay questions.The MPT is a 90-minute exercise. The MPT is a 90-minute exercise. In Illinois, it counts for 5 points, but the score is In Illinois, it counts for 5 points, but the score is multiplied by 1.5, so there is a maximum of 7.5 multiplied by 1.5, so there is a maximum of 7.5 points for the MPT. With the multiplier, this can points for the MPT. With the multiplier, this can be as many as 20 points toward the 264 you need be as many as 20 points toward the 264 you need to pass.to pass.In Missouri, essay questions count for 6 points In Missouri, essay questions count for 6 points and the MPT is counted for 12 points. Plus, in and the MPT is counted for 12 points. Plus, in Missouri, the essays (and MPT) count for 60 % of Missouri, the essays (and MPT) count for 60 % of your score. So, the MPT in Missouri equals 15% of your score. So, the MPT in Missouri equals 15% of the points needed to pass.the points needed to pass.Building up a “cushion” of points on the MPT thus Building up a “cushion” of points on the MPT thus makes it easier to absorb a 1 or a 2 on some makes it easier to absorb a 1 or a 2 on some essay subject.essay subject.

Why is preparing for the MPT Why is preparing for the MPT important?important?

The MPT is different from the The MPT is different from the “standard” essay questions on the “standard” essay questions on the Multistate Essay Examination or the Multistate Essay Examination or the Illinois Essay Examination. It Illinois Essay Examination. It requires a different strategy to requires a different strategy to succeed.succeed.The MPT is a test of your The MPT is a test of your lawyering lawyering skillsskills, not a test of your knowledge , not a test of your knowledge of legal principles.of legal principles.

What “skills” are tested on the What “skills” are tested on the MPT?MPT?

Look at the Instruction page in your Look at the Instruction page in your materials, especially the first materials, especially the first paragraph. What are the examiners paragraph. What are the examiners testing?testing?– ““[y]our ability to handle a select number [y]our ability to handle a select number

of legal authorities in the context of a of legal authorities in the context of a factual problem involving a client.”factual problem involving a client.”

What “skills” are tested on the What “skills” are tested on the MPT?MPT?

In other words, as name suggests, they In other words, as name suggests, they are testing whether you can “perform” are testing whether you can “perform” basic legal skills:basic legal skills:– Can you read a set of documents and Can you read a set of documents and

distinguish the relevant facts from the distinguish the relevant facts from the irrelevant facts?irrelevant facts?

– Can you read a set of legal authorities and Can you read a set of legal authorities and synthesize general legal rules from those synthesize general legal rules from those authorities?authorities?

– Can you apply those general legal rules to the Can you apply those general legal rules to the relevant facts in an intelligent way to achieve relevant facts in an intelligent way to achieve the goals directed by your supervisor?the goals directed by your supervisor?

What “skills” are NOT tested on the What “skills” are NOT tested on the MPT?MPT?

They are NOT testing your ability to They are NOT testing your ability to remember legal principles—that is remember legal principles—that is tested on the MBE and MEE.tested on the MBE and MEE.

They are NOT testing your ability to They are NOT testing your ability to “spot legal issues”—that is also “spot legal issues”—that is also tested on the MBE and MEE. tested on the MBE and MEE.

How is the MPT graded?How is the MPT graded?

The last paragraph of the Instructions The last paragraph of the Instructions tells you what the graders are tells you what the graders are evaluating:evaluating:– ““[Y]our responsiveness to instructions [Y]our responsiveness to instructions

regarding the task you are to complete regarding the task you are to complete given to you in the first memorandum in given to you in the first memorandum in the File, and on the content, the File, and on the content, thoroughness, and organization of your thoroughness, and organization of your response.”response.”

What are the parts of the MPT?What are the parts of the MPT?Every MPT has two primary parts: a “File” Every MPT has two primary parts: a “File” and a “Library”and a “Library”The “File” consists of documents that will The “File” consists of documents that will provide you with INSTRUCTIONS for the provide you with INSTRUCTIONS for the task at hand and other documents that task at hand and other documents that provide the FACTS you need to know to provide the FACTS you need to know to complete that task.complete that task.The “Library” consists of legal authorities The “Library” consists of legal authorities (statutes, cases, treatises, regulations, (statutes, cases, treatises, regulations, etc.) that provide the LEGAL RULES etc.) that provide the LEGAL RULES necessary to complete that task.necessary to complete that task.

The “File”The “File”

The most important document in The most important document in every MPT “File” is the first one—it is every MPT “File” is the first one—it is the “assigning memo.” It specifies the “assigning memo.” It specifies the document that you are asked to the document that you are asked to write and the issues you are to write and the issues you are to address.address.

Tip #1Tip #1

READ CAREFULLY THE READ CAREFULLY THE INSTRUCTIONS YOU ARE GIVEN IN INSTRUCTIONS YOU ARE GIVEN IN THE ASSIGNING MEMORANDUM.THE ASSIGNING MEMORANDUM.– It tells you the nature of the document It tells you the nature of the document

you are assigned to write.you are assigned to write.– It tells you the issues that you are to It tells you the issues that you are to

address.address.

Tip #2Tip #2LOOK AT THE “CALL” OF THE ASSIGNING LOOK AT THE “CALL” OF THE ASSIGNING MEMORANDUM: MAKE SURE YOU MEMORANDUM: MAKE SURE YOU UNDERSTAND THE BASIC NATURE OF THE UNDERSTAND THE BASIC NATURE OF THE DOCUMENT YOU ARE BEING ASKED TO DOCUMENT YOU ARE BEING ASKED TO WRITE.WRITE.– Two general classes of documents: Two general classes of documents: – Objective documentsObjective documents: a memo to the partner; : a memo to the partner;

a letter to the client; a fact investigation plan; a letter to the client; a fact investigation plan; a pre-negotiation planning memo, etc.a pre-negotiation planning memo, etc.

– Persuasive documentsPersuasive documents: brief, complaint, : brief, complaint, closing agrument, memo in support of a closing agrument, memo in support of a motion to dismiss, an arbitration statement, motion to dismiss, an arbitration statement, etc.etc.

Tip #2Tip #2What happens if you are asked to draft a What happens if you are asked to draft a document you have never drafted before?document you have never drafted before?– Don’t panic. Don’t panic. – Almost always, there is a second document in Almost always, there is a second document in

the File (called the “format” document) that the File (called the “format” document) that tells you the proper structure or format of the tells you the proper structure or format of the document.document.

It may be a court rule or statute that lays out the It may be a court rule or statute that lays out the requirements of a persuasive document, like a requirements of a persuasive document, like a complaint or motion.complaint or motion.It may be a law firm memo outlining how the firm It may be a law firm memo outlining how the firm wants memos, letters, fact investigation plans, etc. wants memos, letters, fact investigation plans, etc. written.written.

Tip #2Tip #2

In recent years, the “assigning In recent years, the “assigning memo” itself includes “format” memo” itself includes “format” instructions, so there is no separate instructions, so there is no separate “format document.” Typically, the “format document.” Typically, the last paragraph of the assigning last paragraph of the assigning memo may contain a brief outline of memo may contain a brief outline of the contents of the document.the contents of the document.

Tip #2Tip #2The “format” document is there for a reason—it The “format” document is there for a reason—it gives you directions for how to write the gives you directions for how to write the document you are drafting--read it and pay document you are drafting--read it and pay attention to it.attention to it.Write the document according to the directions Write the document according to the directions you are given in the assigning memo and the you are given in the assigning memo and the “format” document.“format” document.– Don’t write a memo according to the format Professor Don’t write a memo according to the format Professor

Liemer told you, or a jury instruction in the format Dean Liemer told you, or a jury instruction in the format Dean Alexander told you, or a complaint in the format Alexander told you, or a complaint in the format Professor Beyler told you.Professor Beyler told you.

– Will Professor Liemer, or Dean Alexander, or Professor Will Professor Liemer, or Dean Alexander, or Professor Beyler will be grading your MPT?Beyler will be grading your MPT?

– Do what the assigning memo and format document tell Do what the assigning memo and format document tell you to do.you to do.

Tip #3Tip #3OUTLINE BEFORE YOU WRITE AND WRITE IN THE OUTLINE BEFORE YOU WRITE AND WRITE IN THE PROPER TONE FOR THE PROPER AUDIENCE.PROPER TONE FOR THE PROPER AUDIENCE.You are graded on the “thoroughness and You are graded on the “thoroughness and organization” of your response. Outlining your organization” of your response. Outlining your answer in advance is the key to being “thorough” answer in advance is the key to being “thorough” and to good “organization.”and to good “organization.”To determine the “tone” ask two questions: (1) is To determine the “tone” ask two questions: (1) is the document objective or persuasive?; and (2) the document objective or persuasive?; and (2) who is the “audience” for this document—is it a who is the “audience” for this document—is it a law-trained person or a lay person?law-trained person or a lay person?– ObjectiveObjective: another lawyer (a partner in your : another lawyer (a partner in your

firm); the client?firm); the client?– PersuasivePersuasive: a judge; a lawyer for an adverse : a judge; a lawyer for an adverse

party; a jury?party; a jury?

Tip #4Tip #4

DON’T PANICDON’T PANIC

DON’T PANICDON’T PANIC

Tip #4Tip #4

HOW TO AVOID PANIC:HOW TO AVOID PANIC:The best way to avoid panic is to The best way to avoid panic is to PRACTICE writing answers to several MPTs PRACTICE writing answers to several MPTs over the next few weeks. over the next few weeks. Each weekend, set aside an hour and a Each weekend, set aside an hour and a half and write one MPT answer. half and write one MPT answer. – Choose ½ persuasive documents and ½ Choose ½ persuasive documents and ½

objective documents.objective documents.– Choose MPTs that require you to write Choose MPTs that require you to write

documents you have never written before.documents you have never written before.

Do at least five or six during the next few Do at least five or six during the next few weeks.weeks.

Tip #4Tip #4The odds are good that you may be asked The odds are good that you may be asked to write a document you have never to write a document you have never written before—a fact investigation plan, a written before—a fact investigation plan, a jury instruction, a complaint before an jury instruction, a complaint before an administrative agency, etc.administrative agency, etc.The TASK you are asked to perform may The TASK you are asked to perform may be new to you.be new to you.But the SKILLS you need to perform that But the SKILLS you need to perform that task are skills you have already task are skills you have already developed.developed.

Tip #4Tip #4Remember, you are competing with lots of Remember, you are competing with lots of other graduates, most of whom probably other graduates, most of whom probably have less experience at writing legal have less experience at writing legal documents than you do.documents than you do.

The skills being tested (distinguishing The skills being tested (distinguishing relevant from irrelevant facts; reading and relevant from irrelevant facts; reading and synthesizing cases and statutes; applying synthesizing cases and statutes; applying those cases and statutes to the facts) are those cases and statutes to the facts) are all skills you have been developing since all skills you have been developing since the first day of law school.the first day of law school.

Tip #5Tip #5

““THINK LIKE A LAWYER”THINK LIKE A LAWYER”– Approach the problem methodically.Approach the problem methodically.– Read the assigning memo first. Then the rest Read the assigning memo first. Then the rest

of the File and the entire Library.of the File and the entire Library.– Then, go back to the assigning memo and Then, go back to the assigning memo and

carefully re-read the “call” of the assigning carefully re-read the “call” of the assigning memo.memo.

– Then, sort out the relevant and irrelevant facts, Then, sort out the relevant and irrelevant facts, in light of the rules of law in the Library, and in light of the rules of law in the Library, and outline your answer.outline your answer.

– Then, carefully re-read the format document Then, carefully re-read the format document and write out your answer in the format and write out your answer in the format required.required.

Tip #5Tip #5““THINK LIKE A LAWYER”THINK LIKE A LAWYER”– When reading the authorities in the Library:When reading the authorities in the Library:

Look at the jurisdiction of the cases—are they from Look at the jurisdiction of the cases—are they from Franklin courts (mandatory) or a court from some Franklin courts (mandatory) or a court from some other state (persuasive).other state (persuasive).If cases are seemingly conflicting, is one case from If cases are seemingly conflicting, is one case from the state supreme court and one from an appellate the state supreme court and one from an appellate court or is one case later in time from the same court or is one case later in time from the same court?court?Does a later case explain an earlier case?Does a later case explain an earlier case?Look for a statute or regulation that may be Look for a statute or regulation that may be interpreted by a later case.interpreted by a later case.Look for “embedded authorities”—Look for “embedded authorities”—e.g.,e.g., an appellate an appellate court case that cites a supreme court case for a court case that cites a supreme court case for a proposition of law.proposition of law.Remember not every part of every authority in the Remember not every part of every authority in the Library is relevant to your task.Library is relevant to your task.

Tip #6Tip #6DISCUSS THE FACTS.DISCUSS THE FACTS.– Don’t just recite the holdings of the Don’t just recite the holdings of the

cases—take those holdings and explain cases—take those holdings and explain to the reader how those holdings apply to the reader how those holdings apply to the facts of the problem.to the facts of the problem.

– I am told that the biggest shortcoming I am told that the biggest shortcoming students have on the MPT (other than students have on the MPT (other than not following instructions) is not not following instructions) is not discussing how the legal rules relate to discussing how the legal rules relate to the facts in the problem.the facts in the problem.

Tip #6Tip #6

Keep in mind that the people grading Keep in mind that the people grading your MPTs are practicing lawyers your MPTs are practicing lawyers who have clients who need advice. who have clients who need advice. Clients do not pay for a list of legal Clients do not pay for a list of legal abstractions and the lawyers won’t abstractions and the lawyers won’t award you a passing grade if that is award you a passing grade if that is all you put on MPT answer.all you put on MPT answer.

Tip #7Tip #7

BE PREPARED TO DEAL WITH AN BE PREPARED TO DEAL WITH AN UNKNOWN SET OF FACTS AND AN UNKNOWN SET OF FACTS AND AN UNKNOWN AREA OF THE LAW.UNKNOWN AREA OF THE LAW.– Remember that most rules of law are Remember that most rules of law are

made up of “elements” or made up of “elements” or “components” and your job is to apply “components” and your job is to apply each of those elements to the facts in each of those elements to the facts in your File.your File.

Tip #8Tip #8DON’T TREAT THE MPT LIKE A LAW DON’T TREAT THE MPT LIKE A LAW SCHOOL ESSAY EXAM.SCHOOL ESSAY EXAM.– Remember, the MPT is not like most law school Remember, the MPT is not like most law school

exams. Nothing is “hidden” on the MPT—you exams. Nothing is “hidden” on the MPT—you are given the facts, the legal principles, and are given the facts, the legal principles, and the issues to address.the issues to address.

– Don’t try to invent issues that are not present Don’t try to invent issues that are not present in the problem. The issues you are to address in the problem. The issues you are to address are frequently spelled out in the assigning are frequently spelled out in the assigning memo.memo.

Tip #9Tip #9

WRITEWRITE(OR TYPE)(OR TYPE)LEGIBLYLEGIBLY

Tip #10Tip #10PRACTICE. PRACTICE. PRACTICE.PRACTICE. PRACTICE. PRACTICE.– Again, do at least five or six MPTs over Again, do at least five or six MPTs over

the next few weeks.the next few weeks.– Do some that require you to write Do some that require you to write

objectively and some that require you to objectively and some that require you to write persuasively.write persuasively.

– Do some that require you to write new Do some that require you to write new kinds of documents—a part of a will, a kinds of documents—a part of a will, a closing argument, a fact investigation closing argument, a fact investigation plan, etc.plan, etc.

Tip #10Tip #10

Most important--look at the MPT as Most important--look at the MPT as an opportunity.an opportunity.

Our graduates ought to be getting 4s Our graduates ought to be getting 4s and 5s (5s and 6s in Missouri) on the and 5s (5s and 6s in Missouri) on the MPT, but too often they panic MPT, but too often they panic because the MPT calls for a different because the MPT calls for a different approach than the other essay approach than the other essay questions on the first day.questions on the first day.