A Procrastinator’s Guide to the MPT

A Procrastinator’s Guide to the MPT: How to Approach the MPT and Other Critical MPT Tips

Given the immense pressure felt and the considerable amount of time required when preparing for the bar exam, many examinees focus their study time and attention on the substantive portions of the bar exam, neglecting the Multistate Performance Test (MPT). Although the MPT does not require you to have any substantive law memorized, that does not mean you should not prepare for it! Ideally, you will have been practicing the MPT early on, but if you procrastinated on your MPT studies, you are not alone. In our Procrastinator’s Guide to the MPT, we discuss what the MPT is, how to approach it, and tips for last-minute studying to efficiently and effectively maximize your points.

A Procrastinator’s Guide to the MPT: How to Approach the MPT and Other Critical MPT Tips

The Multistate Performance Exam (MPT)

The Multistate Performance Test (MPT), which is offered in several jurisdictions, including Uniform Bar Exam (UBE) jurisdictions, is a “lawyerly” exercise that requires examinees to complete an assigned task designed to simulate a “real-world” assignment. Unlike other parts of the bar exam, the MPT does not require any outside knowledge. Everything you need to complete the task is provided to you.

Examinees must critically evaluate and analyze the information provided in the file and the library—and complete the task within the parameters set by the task memo—usually 90 minutes (depending on jurisdiction!). The MPT is designed to test an examinee’s skill set, including the skills of problem-solving, legal analysis and reasoning, factual analysis, communication, organization and management of a legal task, and recognizing and resolving ethical dilemmas.

In some jurisdictions, the MPT is worth 10% of your score, but in others (including Uniform Bar Exam jurisdictions) it is worth 20% of your score. Regardless of the exact percentage, it is crucial to take the MPT seriously. It might be the difference between you passing and failing the bar exam! Even if you have procrastinated, you can still approach the MPT in a way to maximize your points on exam day.

How to Approach the MPT

If you are studying for the MPT at the last minute, you likely do not have time to try out different strategies for approaching the MPT—which is completely fine! The following is a general “order of review” that you can follow that works well for many students:

• First, look over the table of contents. The table of contents will tell you whether the library is composed of cases and statutes and will also give you an idea of how long the MPT is.
• Second, read the task memo. This will tell you exactly what you are supposed to do and what to look out for in the library and file.
• Third, read the library to get acquainted with the issues tested and applicable law. Pay close attention to which jurisdiction the case comes from. Do not brief cases, as you will waste too much time if you brief a case.
• Fourth, read the file and start writing your answer as you read. A key MPT tip is that there is no need to review everything before you start writing—you can start writing as you read the file, which helps ensure you do not run out of time!
• Finally, refer back to the task memo once you have started writing to make sure you are following the directions. Even when you are reading closely, it is still possible you will miss something, so do a double-check!

If you are not sure what all the different parts of the MPT referenced above are, or how to actually work through them, read on to learn more about each in our MPT tips below.

MPT Tip # 1: Familiarize Yourself with the Basics

Our first MPT tip for last-minute studying is perhaps the most obvious, but you should take time to familiarize yourself with the basic parts of the MPT so that you are not caught completely off guard on exam day! For each MPT question, you will be provided with a set of documents that contains the following three parts: a task memo, file, and library.

Task Memo

The task memo is important to read very carefully because it contains your assignment. Pay close attention to what the task memo is asking for in terms of format, audience, and tone (i.e., persuasive or objective), as well as any specific issues you need to address.  The task memo format will also identify the type of writing output you need to create, such as an objective memo or persuasive brief.

Because the MPT tests whether you can follow directions by applying the law to the facts in the manner described, we cannot stress enough how important the task memo is! Read all about how to dissect the MPT task memo here.

File

The file contains various documents that show the facts of the case set forth in letters, deposition transcripts, client interviews, pleadings, discovery documents, and so on. Although you must read every document provided, keep in mind that all of the factual information provided likely won’t be necessary to answer the question, so it is your job to discern which facts are relevant. Also, just like in the “real world,” some of the facts in the documents might be incomplete, ambiguous, or conflicting

Library

Because the MPT does not require you to have any substantive knowledge of the law, it is provided to you. The library contains the relevant law that you need to answer the question and may include caselaw, statutes, rules, regulations, or some other variation of law.

Read everything provided in the library (even the footnotes!) and don’t assume that you know the law since the examiners may have changed it for purposes of the MPT. Also, keep in mind that, similar to the MPT file, not all the law will be relevant, so your job is to identify the relevant law!

If you are not sure how to approach these documents, check out our post on how to tackle the MPT library!

MPT Tip # 2: Review the MPT Formats (Especially the Highly-Tested Ones!)

Once you begin to familiarize yourself with the different parts of the MPT, our next MPT tip for last-minute studying is to review the different types of MPT formats. Not all MPTs are tested equally, so to maximize your last-minute study time, focus on the highly-tested formats.

The two most highly-tested formats are objective memos and persuasive briefs (check out our complete, up-to-date MPT format frequency chart here!). Although there is never a guarantee, given past exam question patterns, you will likely see one or both of these formats on the bar exam. The next two highly-tested formats to focus on after objective memos and persuasive briefs are demand letters and opinion letters, both of which have been tested pretty often in the past few years. The formats for each of these four is set forth below.

Objective Memo

The point of an objective memo is (you can probably guess it) to be objective. This means you should not “advocate” for one side, but rather, point out both strengths and weaknesses of a case. Typically, the task memo will require you to act as an associate addressing the memorandum to a supervising attorney.

For an objective memo, you will generally have the following structure:

• Caption (to/from/date/matter)
• Introduction
• Statement of Facts (if asked to include one) (MPT Tip: Usually, you are asked to omit a statement of facts. However, if the task memo instructs you to include one, then include one in about 5-7 sentences after the introduction and before the discussion.)
• Discussion (with headings to discuss each issue)
• Conclusion

Read more MPT tips on how to format an objective memorandum on the MPT here!

Persuasive Brief

A persuasive brief (similar to the objective memo) makes clear in its name what you are expected to do—write persuasively. A persuasive brief requires an examinee to advocate for a client. For a persuasive brief, you will generally follow this structure: 

• Statement of the Case (identify the parties, the nature of the case, the issue in dispute, what “stage” the case is in—e.g., discovery, on appeal, and the requested relief.
• Legal Argument
  • Heading 1 (MPT Tip: Headings should be complete sentences with strong conclusions. Follow each heading with a Rule/Analysis/Conclusion (“RAC”) format.)
  • Heading 2
  • Heading 3
• Conclusion

For more MPT tips on what to include in a persuasive memo, read this post on how to format a persuasive brief on the MPT.

Demand Letter

Generally, a demand letter requires you to make a specific argument, followed by a “demand” for relief. Although you want to be persuasive, remember not to be too confrontational. Your conclusion should be very specific about what you are asking the recipient to do, consistent with the rest of your letter.

For a demand letter, you will generally have the following structure:

• Caption
  • Date
  • Who it is from
  • Who it is written to
  • Matter
• Introductory Paragraph (MPT Tip: Briefly explain the purpose of the letter and who the sender is.)
• Statement of Facts (if asked to include one)
• Body of the Letter
  • Heading 1 (MPT Tip: You do not need complete sentences. Follow “RAC” but make sure to explain the legal issues/concepts.)
  • Heading 2
  • Heading 3
• Conclusion (MPT Tip: Be specific about your demand and sign your letter consistent with who the task memo says you are, i.e., partner, associate, etc.)

Read more MPT tips on how to format a demand letter here.

Opinion Letter

An opinion letter generally is objective and requires an examinee to provide advice to a client. Thus, you should tailor the letter to your client’s level of sophistication. The task memo sometimes varies the structure of the opinion letter, but generally speaking, the format is as follows.

• Caption
  • Date
  • Who it is from
  • Who it is written to
  • Matter
• Introductory Paragraph (MPT Tip: Briefly explain the purpose of the letter and who the sender is.)
• Body of the Letter
  • Heading 1 (MPT Tip: Headings do not need complete sentences. Follow “RAC” (rule, application, conclusion) but make sure to explain the legal issues/concepts.)
  • Heading 2
  • Heading 3 . . .
• Conclusion (MPT Tip: Sign your letter consistent with who the task memo says you are, e., partner, associate, etc.)

Read MPT tips with how to format an opinion letter (with sample language) here.

Finally, briefly look over the remaining formats that are tested more infrequently, such as bench memos and complaints, just so that you will have an idea of how to address them in case one appears on the exam, using our attack outlines for each type of MPT and MPT cheat sheets for all formats!

MPT Tip # 3: Begin to Outline as You Read the Library and File

As discussed above, the general order of operations after reading the task memo is to read the documents in the library and then read the file. You don’t need to (and probably shouldn’t!) read everything provided before starting to plan out your answer and begin writing.

As you read through the materials in the library, outline what your analysis section will look like based on the legal issues raised, making note of case citations and jotting down the relevant facts that were used to reach the conclusion in each one (just remember not to do a case brief!).  This will be useful when you go to compare and contrast with the facts in your case.  Then, as you next read the file, you can place the facts you encounter into the outline.

Generally, students should spend half of the allotted time reading and outlining, and the other half of the time writing their response. By outlining your answer as you read the file and library, you will more efficiently manage your time because you have an idea of how many issues you need to address and can budget time for each issue accordingly. You will also set the framework so you can “actively work” while you review.

MPT Tip # 4: Pay Close Attention to Detail in the Library

Our fourth MPT tip for last-minute preparers is to be on the lookout for things in the library that will boost your score and help your answer stand out from other examinees’ answers.

• First, don’t ignore cases cited within cases (as they often are) in the library. Try to address each of the cases cited, even if only briefly.
• Second, pay attention to footnotes, which may contain valuable information provided (e.g., the definition of a cause of action). Referencing information set forth in footnotes also shows the examiners your close attention to detail!
• Third, look out for any words that are bolded or italicized. These words are often legal terms that the bar examiners want you to include in your answer.
• Fourth, distinguish between persuasive authority (g., from a different jurisdiction) and binding authority (i.e., from the same jurisdiction). The MPT tests your lawyerly skills, and this is certainly one of them!
• Finally, excerpts of a statute often list the elements of the law that you should discuss in detail in your MPT response, with the case law illustrating those elements from the statute. So, you can look to statutes (if provided) to ensure you hit on all necessary elements!

MPT Tip # 5: Apply the Facts from the Library to the Law

Our final MPT tip is another obvious one, but make sure to apply the facts from the file to the law that you extracted from the library. Throughout law school, you’ve had to apply facts to law, and the MPT is no exception. A passing answer must apply facts from the file to the rules extracted from the library. After you’ve read and extracted the law in the library, insert the relevant facts from the file into your answer.

Even if you waited until the last minute to study, with the above tips implemented, you can maximize your MPT score—and avoid totally blanking on an MPT on exam day!

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