The National Conference of Bar Examiners (NCBE) has listed six skills which a multistate performance test (MPT) tests. When you score your MPT, you should analyze it against these six skills. (These six skills and their components are taken verbatim from the NCBE’s website!) Many states score an MPT on a scale of 1-6. Other states score their MPTs on a scale of 1-10. (And still other states come up with their own system.) Keep in mind that in UBE states, the MPT is worth 20% of the examinee’s overall score. So each MEE essay is worth 5% of your score. Each MPT is therefore worth 10% of your score.
Why Does it Matter what the MPT Tests?
If you want to maximize your score on the multistate performance test, it is best to know what it tests. For example, a few things are of note:
Organization (#5 below) is one of the six things that the MPT tests. Just knowing the MPT formats can go a long way in excelling on the MPT!
“Perform[ing] and completing tasks within time constraints” and “allocat[ing] time, effort, and resources efficiently” is something that the MPT tests. This means that completing the task (even if you do not write the most in-depth answer to all portions of it) is very important. Make it a habit to leave a few minutes at the end to wrap up your MPT.
Communication (#4 below) is important and “assessing the perspective of the recipient” is something the MPT tests — thus, just keeping in mind whether you are writing to an attorney or a client can make a difference. If you are writing to a client, you will not use as much legalese, for example, as if you are writing to a partner at your firm.
Problem solving (#1 below), including just “identify[ing] and diagnos[ing] the problem” is tested. You can get points for simply identifying the problem (which is generally told to you in the task memo). You will see on many MPT point sheets, points are allocated for this.
These are just a few of the things that the rubric below notes it tests. You can see how being aware of this will make it that much more likely for you to get points on your MPT!
What Does the MPT Test?
1. Problem solving.
The examinee should demonstrate the ability to develop and evaluate strategies for
solving a problem or accomplishing an objective. Problem solving includes the ability to:
A. identify and diagnose the problem;
B. generate alternative solutions and strategies;
C. develop a plan of action;
D. implement a plan of action; and
E. keep the planning process open to new information and new ideas.
2. Legal analysis and reasoning.
The examinee should demonstrate the ability to analyze and apply legal
rules and principles. Legal analysis and reasoning includes the ability to:
A. identify and formulate legal issues;
B. identify relevant legal rules within a given set of legal materials;
C. formulate relevant legal theories;
D. elaborate on legal theories;
E. evaluate legal theories; and
F. criticize and synthesize legal arguments.
3. Factual analysis.
The examinee should demonstrate the ability to analyze and use facts and to plan
and direct factual investigation. Factual analysis includes the ability to:
A. identify relevant facts within a given set of factual materials;
B. determine the need for factual investigation;
C. plan a factual investigation;
D. memorialize and organize information in an accessible form;
E. decide whether to conclude the process of fact gathering; and
F. evaluate the information that has been gathered.
4. Communication.
The examinee should demonstrate the ability to communicate effectively in writing.
Communication includes the ability to:
A. assess the perspective of the recipient of the communication; and
B. organize and express ideas with precision, clarity, logic, and economy.
5.Organization and management of a legal task.
The examinee should demonstrate the ability to organize and manage a legal task. Organization and management includes the ability to:
A. allocate time, effort, and resources efficiently; and
B. perform and complete tasks within time constraints.
6. Recognizing and resolving ethical dilemmas.
The examinee should demonstrate the ability to represent a client consistently with applicable ethical standards. Ethical representation includes:
A. knowledge of the nature and sources of ethical standards;
B. knowledge of the means by which ethical standards are enforced; and
C. ability to recognize and resolve ethical dilemmas.
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