The New York Multistate Performance Test (MPT), developed by the National Conference of Bar Examiners (NCBE), is a 90-minute section that tests a NY bar candidate's analysis of laws and facts, his problem solving, communication, and resolution of ethical dilemmas, and his organization and management of realistic lawyer tasks.”
The materials for each MPT consist of a File and a Library. When asked to draft a document, look at the File instructions or the Library for instructions and examples of what the document should look like. Everything necessary for performing the tasks is in the test materials.”
The File contains all the facts of the case, such as interview transcripts, depositions, trial hearings, pleadings, correspondence, client documents, contracts, news articles, medical records and police reports. Just as when a lawyer works on a case for a client in real life, the facts in the File are sometimes ambiguous, incomplete, or conflicting. The particular assignment for the New York bar candidate will be detailed in a supervising attorney memo. As in a real life law firm, a supervising attorney's summary of events may be unreliable or incomplete. Make sure to distinguish relevant from irrelevant facts.”
The Library consists of statutes, regulations, cases, and rules. Be aware that some portions of the Library may not be relevant to the task, so extract from the Library the legal sources necessary to analyze the problem and perform the task. Apply the relevant law to the relevant facts to resolve a client's problems. The MPT is not a test of substantive law so do not use legal knowledge gained from materials outside of the Library.”
Identify and resolve ethical dilemmas when they arise. If the performance test materials do not contain legal authorities setting forth the appropriate ethical standards in the jurisdiction, then you should not discuss ethical concerns. However, if materials contain rules of professional conduct, whether excerpted from statutes or in cases, propose actions or recommendations on the ethical concerns that comport with the rules of professional responsibility.”
For bar applicants studying for the New York bar exam, BarMax NY offers 25+ real NY performance tests. Each performance test comes with 2 sample answers written by actual bar examinees under real test taking conditions. Unlike the model answers of other bar prep courses, BarMax's sample answers are not written by experts under no time pressure. Not surprisingly, BarMax's sample answers provide much better insight into what bar exam graders are looking for.”
BarMax supports your studies with access to a former bar grader who has graded performance tests. This grader will review your practice exams and identify your strengths and weaknesses. You will also receive a possible score on what you may have received if you were taking an actual exam!”
