Dear bar studiers: some of you will be tempted to do scant preparation for the Multistate Performance Test (“MPT”) portion of the bar, because it doesn’t require as much memorization as the MBE and the essays. This is a strategic error that can mean the difference between passing and failing the bar first time. Emory Law students, especially, should be able to do well and gain points on the MPT, because of the strength of our legal writing courses and the fact that so many Emory Law students take Contract Drafting and other similar classes.
Take the time now to get familiar with the MPT and how it works. Look at the past MPT questions used on the bar exam you plan to take, whether the Uniform Bar Exam (“UBE”) or the Georgia Bar, which posts past questions and sample answers, to both essays and the MPT, here. February 2020 questions are here. (The MPT parts will be at the end). Most commercial bar review courses offer the option of taking a practice MPT, submitting it, and getting graded individual feedback. Make sure you take advantage of that in time to get and use the feedback, so you can fine-tune your approach.
Prof. Mary Campbell Gallagher, founder of BarWrite and author of books on passing the bar and of a blog on the same subject, gives a detailed analysis, below, of one of the 2018 MPT questions that proved difficult for many bar-takers, including our graduates. She explains what was needed to score well on that question, and how bar-takers may have fallen short, to their cost; most importantly, she suggests how to do better. Because it’s possible to fail the bar exam by one point, you should make sure you are well prepared to grab every point available to you, and I believe our graduates could pick up more points on the MPT with more strategic preparation.
- Practice doing the close reading of MPT instructions Prof. Gallagher describes, using real MPT questions, and practice outlining how you would respond to them.
- Write out full practice answers to a few, looking for questions that ask for different types of written work product, and compare them to sample answers.
- Remember that your answers on the MPT will be graded on your responsiveness to the instructions regarding the task you are to complete, as well as on the content, organization, and thoroughness of your responses.
You may be asked to produce a memorandum to a supervising attorney, a letter to a client, a persuasive memorandum or brief, a statement of facts, a contract provision, a will, a counseling plan, a proposal for settlement or agreement, a discovery plan, a witness examination plan, or a closing argument. You should know what those look like and how to create them with specific reference to the instructions you are given. There are free MPT questions and point sheets from 2010-2015 available here at the NCBE website (scroll down).
Yes, you must do your very best on the MBE and the essays, and that will require memorizing a lot of material, but don’t leave MPT points on the table. Those points count too! Go get them!
Prof Gallagher’s article and analysis:
Bad News on the First July 2018 MPT Task