Performance Exam

The Multistate Performance Test examines six fundamental skills that are required for the performance of many lawyering tasks. The following description of these skills is based on the Statement of Fundamental Lawyering Skills from the Report of The Task Force on Law Schools and the Profession

, ABA, July 1992 (the MacCrate Report).

1. Problem solving: the applicant should demonstrate the ability to develop and evaluate strategies for solving a problem or accomplishing an objective. Problem solving includes the ability to:

1. 1. Identify and diagnose the problem

   2. Generate alternative solutions and strategies

   3. Develop a plan of action

   4. Implement a plan of action

   5. Keep the planning process open to new information and new ideas

2. Legal analysis and reasoning: the applicant should demonstrate the ability to analyze and apply legal rules and principles. Legal analysis and reasoning includes the ability to:

2. 1. Identify and formulate legal issues

   2. Identify relevant legal rules within a given set of legal materials

   3. Formulate relevant legal theories

   4. Elaborate legal theories

   5. Evaluate legal theories

   6. Criticize and synthesize legal argumentation

3. Factual analysis: the applicant should demonstrate the ability to analyze and use facts and to plan and direct factual investigation. Factual analysis includes the ability to:

3. 1. Identify relevant facts within a given set of factual materials

   2. Determine the need for factual investigation

   3. Plan a factual investigation

   4. Memorialize and organize information in an accessible form

   5. Decide whether to conclude the process of fact-gathering

   6. Evaluate the information that has been gathered

4. Communication: the applicant should demonstrate the ability to communicate effectively in writing. Communication includes the ability to:

4. 1. Assess the perspective of the recipient of the communication

   2. Organize and express ideas with precision, clarity, logic, and economy

5. Organization and management of a legal task: the applicant should demonstrate the ability to organize and manage a legal task. Organization and management includes the ability to:

5. 1. Allocate time, effort, and resources efficiently

   2. Perform and complete tasks within time constraints

6. Recognizing and resolving ethical dilemmas: the applicant should demonstrate the ability to represent a client consistently with applicable ethical standards. Ethical representation includes:

6. 1. Knowledge of the nature and sources of ethical standards

   2. Knowledge of the means by which ethical standards are enforced

   3. Ability to recognize and resolve ethical dilemmas