29 Days Until the Bar Exam: Strategies for the Performance Test – California and Multistate

The California Performance Test and the Multistate Performance Test (the MPT) is designed to test your proficiency in the basic skills you’ve developed in the course of your legal education and not just your ability to memorize.  The goal of the MPT is to test an applicant’s ability to use fundamental lawyering skills in a realistic situation.  It seeks to evaluate your ability to complete a task which a beginning lawyer should be able to accomplish.

In most jurisdictions, you’ll have 90 minutes to read through 15 to 25 pages, analyze the problem, outline an answer, and write a response.  In California, you’ll see one long MPT for 3 hours.  Thus, the MPT is a test of your ability to work within time constraints and remain focused and organized.

The MPT tests the following:

1)      Reading Comprehension

You must read proactively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class.  You must read carefully and quickly, while you search 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 must analyze an assortment of unfamiliar materials and compose either a memorandum of law, a letter to a client, a persuasive brief, a contract provision, a will, a settlement proposal, a discovery plan, or a closing argument, to list but a few of the possibilities.

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 examination 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 are instructed to write a letter to the client, do that.  Do not do a brief or a memo; write the letter.  Show the bar examiners that you can read and follow directions.