Note: We revised this memorandum extensively on April 2, 2007. Please visit the revised version here.
To: Bar Candidates
From: Mary Campbell Gallagher, J.D., Ph.D.
President, BarWrite®
Re: Scoring High on MPT Memorandum Tasks
Date: February 12, 2006
The Multistate Performance Test (MPT) allows bar candidates an extremely short time for researching and writing a memorandum, only ninety minutes. Accordingly, the MPT uses an abbreviated format. It does not usually ask the bar candidate to draft a statement of facts, to frame issues, or to write brief answers. The bar examiners emphasize, however, that using correct memo format is key.
As always on the MPT, the memorandum must fulfill the requirements stated in the partner memo and the candidate must finish on time. Even though the memo task on the MPT is abbreviated, however, it is vital for the bar candidate to show that he or she knows the correct format. Format is key.
At the top of the memo put in all capital letters, centered, printed and underlined: MEMORANDUM.
Flush with the lefthand margin list the following:
To: Pat Partner
From: Candidate
Re: Charles Client - Arbitration of Securities Claims
Date: February 12, 2006
In your Legal Writing Course, you probably learned a format for the body of the memo something like this:
(A.) Heading;
(B.) Issue(s);
(C.) Brief Answer;
(D.) Facts;
(E.) Discussion; and
(F.) Conclusion.
The MPT, by contrast, usually asks the candidate to use the following radically simplified format:
(A.) Introduction;
(B.) Discussion;
(C.) Conclusion.
In one MPT case called In re Steven Wallace, the partner memo asks for a two-part memorandum. What that means is that the Discussion will have two parts. The partner memo specifies what those two parts are.
The MPT point sheets indicate that the grading of a memo on the MPT stresses persuasive writing and correct format:
(a) powerful topic headings,
(b) persuasive writing,
(c) argument from supportive law,
(d) distinction of--or attack against--unfavorable law,
(e) skillful use of the facts, and
(f) careful use of the memo format.
Note, again, that the bar candidate is being graded on "careful use of the memo format."
Read the partner memo carefully for instructions about format. Nothing requires MPT tasks asking for memos to be identical in format. Accordingly, you must read the directions in the partner memo with your usual care. It is safe to say, however, that there is usually no section in a memo for a Statement of Facts, no section for Issues, no section for Brief Answers. The MPT is short, short short.
Powerful topic headings are key. Give each section of your Discussion a powerful topic heading. Underline your topic headings. For example: Under FCC sec. 2-326(3), Charles Client's strongest argument is that the contract he entered into with Bee Brokerage required "alternative dispute resolution.".
Use the BarWrite® techniques for writing your memo task. In an MPT memo, you will leave the first page or the first two pages of your bluebook blank. You will write the Discussion first, then the Conclusion, forcefully summarizing your arguments in one or two sentences. Finally you will go back to the beginning of your blue book and add the opening part of your Memorandum format, including the Introduction. See above.
Thus, the last thing you will write is the Introduction for the MPT memo, at the beginning of the memo. You will have left the space for it in your bluebook. At the beginning of your writing process, when you are starting to write the memo, you don't yet understand the project well enough to write a good Introduction. That is why you leave writing the Introduction until you are almost finished.
A bar candidate can give the bar examiners an MPT memo that will maximize his or her score. Again, the bar examiners say that they are looking for:
(a) powerful topic headings,
(b) persuasive writing,
(c) argument from supportive law,
(d) distinction of--or attack against--unfavorable law,
(e) skillful use of the facts, and
(f) careful use of the memo format.
Fulfill the directions in the partner memo, manage your time, and combine attention to these aspects of your work with careful attention to the BarWrite® systems, and you can get a high score on an MPT memo task.
Wishing you the greatest success on the bar exam!
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