The Multistate Performance The Multistate Performance TestTest

Ten Tips for SuccessTen Tips for Success

January 17, 2005January 17, 2005

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

In Illinois, the MPT is administered in the In Illinois, the MPT is administered in the morning of the first day, right after the morning of the first day, right after the three “Illinois” essay questions.three “Illinois” essay questions.It is a 90-minute exercise. It counts for 5 It is a 90-minute exercise. It counts for 5 points, but the score is multiplied by 1.5, points, but the score is multiplied by 1.5, so there is a maximum of 7.5 points for so there is a maximum of 7.5 points for the MPT. With the multiplier, this can be the MPT. With the multiplier, this can be as many as 20 points toward the 264 you as many as 20 points toward the 264 you need to pass.need to pass.Building up a “cushion” of points on the Building up a “cushion” of points on the MPT thus makes it easier to absorb a 1 or MPT thus makes it easier to absorb a 1 or a 2 on some essay subject.a 2 on some essay subject.

Why is the MPT Important?Why is the MPT Important?

The MPT is a test of your ability to The MPT is a test of your ability to perform simple lawyering tasks in a perform simple lawyering tasks in a timed environment.timed environment.

It is different from the “standard” It is different from the “standard” essay questions on the Multistate essay questions on the Multistate Essay Examination. It requires a Essay Examination. It requires a different strategy to succeed.different strategy to succeed.

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 and last materials, especially the first and last paragraphs. What are the examiners paragraphs. What are the examiners testing?testing?– 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.

– On the MPT, they are testing:On the MPT, they are testing:

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

““[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.”

““[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, thoroughness, the File and on the content, thoroughness, and organization of your response.and organization of your response.

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 facts and distinguish the Can you read a set of facts and distinguish the

relevant facts from the irrelevant ones?relevant facts from the irrelevant ones?– Can you read a set of legal authorities and Can you read a set of legal authorities and

synthesize general rules?synthesize general rules?– Can you apply those legal rules to the facts in Can you apply those legal rules to the facts in

an intelligent way to achieve the goals directed an intelligent way to achieve the goals directed by your supervisor?by your supervisor?

What are the components of the What are the components of the MPT?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 task provide you with instructions for the task at hand and other documents that provide at hand and other documents that provide the facts you need to know to complete the facts you need to know to complete that task.that task.The “Library” consists of legal authorities The “Library” consists of legal authorities (statutes, cases, regulations, etc.) that (statutes, cases, regulations, etc.) that provide the legal rules necessary for provide the legal rules necessary for completion of that task.completion of 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 tells you the “assigning memo.” It tells you what your task is.what your task is.

Tip #1Tip #1Read carefully the instructions that you Read carefully the instructions that you are given in the assigning memorandum.are given in the assigning memorandum.– Most MPT problems are set in the jurisdiction of Most MPT problems are set in the jurisdiction of

“Franklin.” “Franklin.” – If a statute (or rule) is involved, look for If a statute (or rule) is involved, look for

statements like: “The Franklin Commercial statements like: “The Franklin Commercial Code is identical to the UCC” or “The Franklin Code is identical to the UCC” or “The Franklin Code of Evidence is identical to the Federal Code of Evidence is identical to the Federal Rules of Evidence.”Rules of Evidence.”

Tip #2Tip #2Look at the “call” of the assigning Look at the “call” of the assigning memorandum: make sure you understand memorandum: make sure you understand what you are being asked to write.what you are being asked to 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; etc.etc.

– Persuasive documentsPersuasive documents: brief, complaint, jury : brief, complaint, jury instructions, memo in support of a motion to instructions, memo in support of a motion to dismiss, etc.dismiss, etc.

Tip #3Tip #3What 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 how the structure or format of the tells you how the 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 #3Tip #3

The “format” document is there for a The “format” document is there for a reason—read it and pay attention to reason—read it and pay attention to it.it.

Tip #3Tip #3Write the document according to the Write the document according to the directions you are given in the assigning directions you are given in the assigning memo and the “format” document.memo and the “format” document.– Don’t write a memo according to the format Don’t write a memo according to the format

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

– Do you think Professor Liemer, or Professor Do you think Professor Liemer, or Professor Slack, or Professor Beyler will be grading your Slack, or Professor Beyler will be grading your MPT?MPT?

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

Tip #3Tip #3Once you have determined that it is an Once you have determined that it is an objective or persuasive document, write objective or persuasive document, write the document with the proper tone.the document with the proper tone.

To determine the “tone” ask yourself who To determine the “tone” ask yourself who is the “audience” for this document?is the “audience” for this document?– ObjectiveObjective: another lawyer (a partner in your : another lawyer (a partner in your

firm); the client; a third party?firm); the client; a third party?– PersuasivePersuasive: a judge, a jury, an administrative : a judge, a jury, an administrative

agency, a lawyer for an adverse party?agency, a lawyer for an adverse party?

Tip #4Tip #4

DON’T PANICDON’T PANIC

DON’T PANICDON’T PANIC

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 complete may The TASK you are asked to complete may be new to you.be new to you.

But the SKILLS you need are skills you But the SKILLS you need are skills you already have.already have.

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 drafting legal have less experience at drafting legal documents than you do.documents than you do.The skills we looked at before The skills we looked at before (distinguishing relevant from irrelevant (distinguishing relevant from irrelevant facts; reading and synthesizing cases and facts; reading and synthesizing cases and statutes; applying those cases and statutes; applying those cases and statutes to the facts) are all skills you have statutes to the facts) are all skills you have been developing since the first day of law been developing since the first day of law school.school.

Tip #4Tip #4The best way to avoid panic is to write out The best way to avoid panic is to write out answers to several MPTs over the next few answers to several MPTs over the next few weeks. weeks. Each weekend, set aside an hour and a Each weekend, set aside an hour and a half and write one. half and write one. – 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 a minimum of four of these during the Do a minimum of four of these during the next few weeks.next few weeks.

Tip #5Tip #5““Think Like a Lawyer”Think Like a Lawyer”What does this mean?What does this mean?– Look at the jurisdiction of the cases in the Look at the jurisdiction of the cases in the

Library—are they from Franklin (mandatory) or Library—are they from Franklin (mandatory) or some other state (persuasive).some other state (persuasive).

– Is one case from the state supreme court and Is one case from the state supreme court and one from an appellate court?one from an appellate court?

– Is one case later in time from the same court?Is one case later in time from the same court?– Embedded authorities—Embedded authorities—e.g.,e.g., an appellate court an appellate court

case that cites a supreme court case for a case that cites a supreme court case for a proposition of law.proposition of law.

– Remember that not all the authorities may be Remember that not all the authorities may be relevant.relevant.

Tip #5Tip #5Read the instructions first. Then the Read the instructions first. Then the assigning memo. Then the entire File and assigning memo. Then the entire File and Library.Library.

Then, go back to the assigning memo, Then, go back to the assigning memo, carefully re-read the call of the memo and carefully re-read the call of the memo and the format document.the format document.

Then, sort out the relevant and irrelevant Then, sort out the relevant and irrelevant fact, in light of the rules of law in the fact, in light of the rules of law in the Library, and then begin to write.Library, and then begin to write.

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

Tip #6Tip #6

The MPT does NOT test your ability to The MPT does NOT test your ability to remember legal rules.remember legal rules.

All the legal rules you need to know All the legal rules you need to know are contained in the Library itself.are contained in the Library itself.

The MPT tests your SKILLS, The MPT tests your SKILLS, particularly your ability to synthesize particularly your ability to synthesize legal rules and apply them to the legal rules and apply them to the facts.facts.

Tip #7Tip #7

Be prepared to deal with an unknown Be prepared to deal with an unknown set of facts and an unknown area of set of facts and an unknown area of the law.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 “components” and your job is to apply each of those elements to the apply each of those elements to the facts in your File.facts in your File.

Tip #8Tip #8

Avoid preconceived ideas.Avoid preconceived ideas.

Don’t assume that every comment in Don’t assume that every comment in every authority in the Library is every authority in the Library is relevant to answer your problems.relevant to answer your problems.

Don’t try to invent issues that are not Don’t try to invent issues that are not present in the problem.present in the problem.

Tip #9Tip #9

WRITEWRITE

LEGIBLYLEGIBLY

Tip #10Tip #10

Practice. Practice. Practice.Practice. Practice. Practice.– As noted earlier, do several different As noted earlier, do several different

MPTs over the next few weeks.MPTs over 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, etc.closing argument, etc.

Tip #10Tip #10

Most importantly—look at the MPT as Most importantly—look at the MPT as an opportunity.an opportunity.

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