It is safe to say that many of you are inundated with bar prep by now. If you are studying for the UBE, you are preparing for three different sections: the MBE, MEE and the “practical lawyering” MPT. In most UBE states, the MPT consists of two ninety-minute assignments. This section is designed to test your ability to identify and analyze legal issues. Depending on the question, you will then need to draft some sort of legal document (memo, letter, etc.) to either objectively or persuasively present a conclusion. You cannot study for the MPT in the same way that you can for the MBE and MEE, but you can prepare through practice. Everything you will need to answer the MPT questions will be provided on test day. Even so, it is important to develop a “groove” for formulating your response. This will grow out of muscle memory through repeated practice. So, what are the components of the MPT and how can you conquer it on test day?
Components of the MPT:
The File: The File tells you what you need to do and the supporting facts you will need to do it. The Task Memo is usually the first document in the File. It is typically written by a superior at your fictional job, such as by a partner of a law firm. It will summarize the case and task at hand. For example, on one of the July 2016 Task Memos, the partner wrote to their fictional associate (you) discussing their client, Barbara Whirley’s problems with her apartment. The associate was tasked with writing a memo to report her potential remedies under the law of a fictional jurisdiction. Just as an FYI, said jurisdiction is usually referred to as Franklin. You can access the July 2016 MPT questions on the NCBE website here: https://www.ncbex.org/exams/mpt/preparing/.
The most important things to glean from the Task Memo are: what type of document are you drafting? Do not draft a letter if you are told to format it as a memo, for example. What tone should you be using? For most MPT questions, you will be arriving at a conclusion but depending on the assignment, you may need to take a persuasive or objective tone. What are the issues in the case before you? In the example above, make sure to focus specifically on what issues Ms. Whirley has been experiencing in the apartment and the ways in which the laws of Franklin can be used to remediate them. Stay focused on the legal issues at hand, don’t invest time in other potential dilemmas that you may see in the case or statutory law. Additionally, if the memo gives any specific formatting or structural instructions, adhere to them. For example, it may ask you to use underlined subheadings to organize your analyses or to include a brief summation of the facts. You will get rewarded for these tasks and they don’t even involve the complicated stuff, take what you can get!
In addition to the Task Memo, the File contains various documents you will use to stitch together the important facts of the case. For example, in the aforementioned July 2016 MPT question, the File included a memorandum summarizing a past interview with Ms. Whirley detailing the specific issues she has faced (leaks, odors etc.), a copy of her lease and email chains between the client and her landlord asking the landlord to rectify the issues. From those materials, it is your job to figure out what is important.
The Library: While the File supplies you with the facts, the Library will provide the law you need to apply to those facts to arrive at a conclusion. While every test is different, the Library will typically include statutes from your fictional jurisdiction and case law. Make sure to read everything carefully (even and especially any footnotes). Remember, this is a fictional jurisdiction so a legal concept such as manslaughter could have a different definition from the type of homicide you learned about in criminal law. Pay close attention to the jurisdiction of the case law. If the case is from a higher court of the same jurisdiction, it is controlling. However, if the judge sits in a completely different state, the holding could just be an indication of developing legal trends. Of course, try to use all of the materials provided to you in your argument, the bar examiners included them for a reason. In arriving at your conclusion, just keep in mind that controlling opinions hold more weight than persuasive ones.
Tips for conquering the MPT: Preparing for the MPT is kind of like working out a particular muscle group. Keep proper form, stick to a routine and practice will make perfect.
I read the Task Memo, then Library and finished with the second half of the File. Reading the law before the facts enabled me to wade through the facts of the File with laser sharp focus.
Try to use every case assigned to you. I approached MPT questions with the mindset that every included source had a purpose. I kept an eye out for cases cited within the case law as well.
Do a rough sketch of your response before writing. Like on other sections of the bar exam, time will be of the essence. Those that stay organized in their responses will be more successful on the MPT. Jot down the main issues, the key facts you will include in your response and know your conclusion before you put pen to paper.
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