Multistate Performance Test (MPT): Two 90-Minute Closed-File Lawyering Tasks
The MPT has two 90-minute tasks. Each gives a closed file containing a task memo, facts, exhibits, statutes, and cases. You must produce a memorandum, letter, brief, or other lawyering document using only the file. The MPT tests reading, rule extraction, analogical reasoning, and format compliance, not recall of outside substantive law.
Core method
- Read the task memo first to identify the audience, document type, and specific questions.
- Inventory the file: separate facts from authorities and note exhibits that change the analysis.
- Synthesize the provided cases into a rule; do not import outside law.
- Outline using headings that track the task memo.
- Draft in the required format and cite file materials as instructed.
- Reserve time to check that every question in the memo is answered.
Worked example
Suppose the task memo asks for an office memo on whether a client's 18-month noncompete is enforceable. The file contains the contract, a statute requiring a legitimate business interest and reasonable time and scope, and two cases: one upholding a 12-month restriction for a salesperson with customer contacts, and one striking a five-year nationwide restriction. The statute supplies the elements. The first case supports enforceability because the client has customer contacts, but 18 months exceeds the 12-month benchmark, so the restriction may be unreasonable as written. The memo should conclude with a probability assessment and a fallback, such as a narrowed geographic or time limit.
Traps
- Ignoring the task memo's specific questions.
- Treating the file as background rather than the sole source of law.
- Missing a fact in an exhibit that changes the outcome.
- Failing to use the required document format.
- Relying on outside law and misstating the provided rule.
- Running out of time because you drafted before outlining.