The Multistate Performance Test ("MPT") has been adopted in most jurisdictions as part of their bar exam. The participating jurisdictions select from the two 90-minute problems provided by the NCBE for each exam administration. Much like the MBE, each jurisdiction determines its own policy regarding the relative weight given to the MPT; and just like the NCBE publishes MBE questions, they also make previously released MPTs available on its website. You should practice as many MPT problems as possible to sample the various tasks you might encounter on the exam.
The MPT is designed like a closed-universe assignment, consisting of a "file" and a "library" - you are asked to complete a task that is designed to test your fundamental lawyering skills: the ability to read and follow directions, synthesize and apply law from cases, separate relevant from irrelevant facts, and complete an assigned task in the allotted time. Here, you are given the legal issue and the law - the goal is to test your proficiency in the basic skills you developed in the course of your legal education.
The MPT tests the following:
1. Reading comprehension: There is a difference between the type of reading you’ve engaged in for law school and what you’ll do for the MPT. For the MPT, you must read pro-actively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class. You must read carefully and quickly, all the while searching for useful information and answers to the particular issue you’ve been asked to resolve.
2. Organizational skills: You must organize your time and the materials effectively to complete the required task in the time allowed. The MPT is extremely time-sensitive, you’ll have about 90 minutes in which to read and analyze an assortment of unfamiliar materials and compose a written assignments.
3. Communication skills: You must write concisely, coherently, and in a tone and manner consistent with the nature of the assignment. You must demonstrate your mastery of the language of the law and convince the bar examiners that you “sound” like an attorney ready to begin the practice of law.
4. Ability to follow directions: The MPT is task-specific: you must perform the task identified to receive credit. If you’re instructed to write a letter to a client and instead write a persuasive brief, you’ll have done nothing but demonstrate to the bar examiners your inability to read and follow directions. The directions are important for another reason: they may ask you to identify additional facts that would strengthen or, alternatively, weaken a party’s position.
Outlining the Approach:
1. Have a plan: Following a plan saves time and prevents panic: if you know what you are going to do, and practice the routine sufficiently, it becomes second nature to you by test day.
2. Practice from actual MPTs: Since the MPT tests your ability to extract legal principles from cases and statutes and apply these principles to solve a specific client problem, you will need to practice this skill. Work only from past MPT questions and use the grading guidelines to evaluate your answers. If your jurisdiction releases sample MPT answers, review them and compare them to your answers.
3. Allocate your time: You must complete the assignment to maximize your points. The bar examiners suggest that you allot 45 minutes to reading the materials and 45 minutes to organizing and writing your response.
4. Find your baseline: You have no idea how long it will take you to answer an MPT until you’ve actually done one. After you’ve read one or two of MPTs to see what they’re like, answer a sample MPT. Note how long it takes to read and outline the answer. This is your baseline reading time. Nest, proceed to write the response. Once again, time yourself. This is your baseline writing time. Don’t be surprised if it takes longer than the suggested time to get through the materials. This is to be expected the first time you approach new material. Keep practicing, especially if you have trouble with the timing. Once you’ve established your reading and writing baselines, you can concentrate on improving your time. You must practice the strategy until it becomes automatic and your approach is consistent.
5. Follow the blueprint: Practice until it becomes automatic.
For more tips on the MPT, including how tips on how to find your baseline, and developing a blueprint, you should reference Chapter 10 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008)
No comments:
Post a Comment