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The Bar Commission has approved the recommendation of the Admissions Committee to modify the Bar exam by adding a new component, the Multistate Performance Test (MPT). The MPT is developed
by the National Conference of Bar Examiners (NCBE) and is designed to test an applicant's ability to use fundamental lawyering skills in a realistic situation. Each test evaluates an
applicant's ability to complete a task which a beginning lawyer should be able to accomplish. If approved by the Utah Supreme Court, Utah will join a majority of other states (the MPT is
used by 29 states and other states, like California, have their own state-prepared practical performance tests) by including a 'practical' element to the Bar exam.
Applicant materials for each MPT include a "File" and a "Library." The File consists of documents containing all the facts of the case. The specific assignment the
applicant is to complete is described in a memorandum from a supervising attorney. The File might also include transcripts of interviews, depositions, hearings or trials, pleadings,
correspondence, client documents, contracts, newspaper articles, medical records, police reports, and lawyer's notes. Relevant as well as irrelevant facts are included. Facts are
sometimes ambiguous, incomplete, or even conflicting. As in practice, a client's or supervising attorney's version of events may be incomplete or unreliable. Applicants are expected to
recognize when facts are inconsistent or missing and are expected to identify sources of additional facts.
The Library consists of cases, statutes, regulations and rules, some of which may not be relevant to the assigned lawyering task. The applicant is expected to extract from the Library the
legal principles necessary to analyze the problem and perform the task. The MPT is not a test of substantive law, and problems may arise in a variety of fields. Library materials provide
sufficient substantive information to complete the task.
The MPT requires applicants to: (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for relevant
principles of law; (3) apply the relevant law to the relevant facts in a manner likely to resolve a client's problem; (4) identify and resolve ethical dilemmas, when present; (5)
communicate effectively in writing; (6) complete a lawyering task within time constraints. Requiring applicants to perform one of a variety of lawyering tasks will test these skills.
Examples of tasks applicants might be instructed to complete may include drafting the following: 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; a closing argument.
A petition has been filed with the Utah Supreme Court to approve the use of the MPT. The following is a summary the petition:
1.The subject-matter essay questions will be reduced from twelve to eight. This will include up to six Multistate Essay Examination questions (prepared by the NCBE) and a minimum of 2
state-prepared essay questions.
2.Thirty minutes will be allocated to each of the eight subject-matter essay questions (the time allocated for each question remains unchanged).
3.Two MPT questions will be incorporated into the Bar exam. One and one half hours will be allocated to complete each MPT question, and each question will be given the same weight as two
subject-matter essay questions.
4.One MPT and four essays will be given in each of the morning and afternoon sessions of the first day of the Bar exam. The total time for the first day of the exam will be increased by
one hour.
5.The Bar exam will be modified to include the MPT for the February 2003 exam, if the Utah Supreme Court approves the proposal to use the MPT by the end of October 2002.
Additional graders will be needed to grade the MPT portion of the exam. If you know of any members of the Bar who might be interested in helping to grade the MPT, please contact the Bar's
Deputy General Counsel and Admissions Administrator, Joni Seko at 257-5518. Also, please share this information about the change to the Bar exam with individuals you know who might be
taking the exam in the near future. More about the MPT, including sample questions and answers, is available at the NCBE's web site: www.ncbex.org.
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