1. MPT CLINIC Summer 2019 MPT SESSION

2. Multistate Performance Test

3. What We Will Cover Today
Parts of MPT
Strategies for MPT

4. 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

5. Skills Tested Under Tight Time Constraints

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

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

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

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

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

11. 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)

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

13. Parts of the MPT

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

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

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

17. 90 Minutes Read & Organize File Read & Organize authorities
Write Answer

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

19. Suggested Strategy: Organization

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

21. 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

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

23. 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

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

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

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

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

28. Specific Organization Approach
And Now
Specific Organization Approach

29. The Four Blocks
Task Memo
Case File
Library
Answer