MPT CLINIC Summer 2019 MPT SESSION

Multistate Performance Test

What We Will Cover Today Parts of MPT Strategies for MPT

The Breakdown Two Questions Weight: 20% for two questions Drafted by National Conference of Bar Examiners Designed to challenge you to finish in time 90 minutes each - 45 reading and outlining - 45 writing answer

Skills Tested Under Tight Time Constraints

Problem Solving Identify & diagnose problem Generate alternative solutions Develop a Plan of Action Implement Plan Keep plan open to new information

Legal Analysis & Reasoning Identify & formulate legal issues Formulate legal theories Evaluate legal theories Criticize & synthesize legal arguments Prioritize legal arguments

Factual Analysis Identify Relevant Facts Evaluate information gathered Determine whether there is a need for additional information

Communication Audience Organization Express Ideas with - Precision - Clarity - Logic - Efficiency

Organization & Management Allocate Time, Effort & Resources Perform & Complete task as described within time constraints

Ethical Dilemmas Knowledge of nature & source of ethical standards (MPRE) Knowledge of how ethical standards are enforced (ARDC) Ability to recognize & resolve ethical dilemmas (personal conflicts)

Don’t Forget Read Carefully - But Efficiently Think Common Sense Answer Question Asked Use Given Format Use Proper Tone The Law is Already There

Parts of the MPT

Task Memoranda Vital to follow exactly Gives assigned Task Read very carefully

Case File Contains info about your case Transcripts, documents, interviews, pleadings, wills, contracts, etc.

Library Legal Authorities Cases & Statutes Regulations Rules Authorities may come from a variety of sources

90 Minutes Read & Organize File Read & Organize authorities Write Answer

Manage Your time 35 Minutes: Read Materials 10 minutes: Organize Answer 45 Minutes: Write

Suggested Strategy: Organization

Suggested Strategy Read General Instructions Read Task Memo & make notes Read & Organize Case File Read & Organize Library Re-read task memo Write Document

What is the Task Memo of Law Persuasive Brief Memorandum to Judge Trial Brief Appellate Brief Opening statement Theory of Case Memo Client Letter Letter to Opposing Attorney Position Paper Will Closing Argument

Organizing Answer DIRAC - always to organize - sometimes to write Use Headings Decision Conclusion issue

Fact Gathering Identify sources of fact Develop Plan Do not make assumptions Admissibility Interrogatories Document Requests Depositions Request for Admissions Request for exam Subpoena Duces Tecum

Fact Analysis Know Your Audience Persuasive v. Objective Purpose of Document Know Client’s goals

Fact Analysis Documents Closing Argument Opening Statement Jury Instructions Declaration or Affidavit Witness Cross-Examination Will, Contract, other documents

Problem Solving & Tactical Considerations Identify problem in terms of client’s goals Consider options Prioritize strongest option

Ethical Dilemmas Identify ethical problem Suggest alternative ways to solve it Select solution Keep within ethical rules

Specific Organization Approach And Now Specific Organization Approach

The Four Blocks Task Memo Case File Library Answer