MPT: Closed-Universe Lawyering Skills
What the MPT tests
The Multistate Performance Test is two 90-minute skills tasks. NCBE describes it as testing fundamental lawyering skills through a closed universe: a File and a Library. The File contains facts, client documents, and sometimes a task memo; the Library contains statutes, cases, and rules. You must produce the deliverable the task memo requests-an office memo, persuasive brief, letter, contract provision, or similar document. On the UBE, the MPT is weighted 20%.
Method
Read the task memo first to identify the audience, format, tone, and legal question. Then read the Library for mandatory authority and the File for operative facts. Outline the document before drafting. Cite Library authority; do not import outside law. Use File facts precisely; do not invent facts. If authority conflicts, follow hierarchy and distinguish adverse cases.
Worked example
A task memo asks for an office memo on whether a liquidated damages clause is enforceable. The Library has a case holding such a clause enforceable when damages are difficult to estimate and the amount is reasonable. The File shows the clause sets damages at 10% of the contract price and the parties dispute likely losses. Analysis: damages are difficult to estimate at formation; 10% is not plainly unreasonable; the label ‘penalty’ is not controlling. Conclusion: likely enforceable, with a caveat that a court may reduce an unreasonable amount.
Traps
The biggest trap is writing a legal treatise instead of the requested document. Another is ignoring the task memo’s format or tone. Do not cite outside cases. Do not omit unfavorable facts. Do not summarize the Library; apply it.