How to Write A High Scoring MPT
Answer: 25 Tips & Best Practices

A well written and organized answer is essential to doing well on the MPT.  Below are our top tips and best practices to help you write a high scoring MPT answer.

1. Follow the Task Memorandum Instructions very carefully.
    
   The Task Memorandum provides the specific instructions for the legal assignment to be completed (e.g. task assigned, tone, audience, formatting).

   You MUST read these instructions very carefully… and follow them exactly to receive full credit.  Straying from the assigned task or instructions will be reflected negatively in the grading of your MPT

 

2. Watch for “Exclusions” to the MPT assignment.
    
   Almost every MPT tells you not to do something (an “exclusion”).  These exclusions are intended to narrow the focus of the drafting assignment, and are found in the Task Memorandum or Drafting Guidelines Memo.

   An exclusion instruction may be to ignore a certain legal issue or topic, such as “Do not address personal jurisdiction”²⁰ or “the client does not want a trust; do not address that topic.”²¹  It can also direct you to not include a specific section in your writing, such as “Do not include a separate statement of facts.”²²

   Exclusions are intentionally inserted, so they MUST be followed.  If not, you will waste valuable time writing something that will earn you zero points, or worse, have points deducted for your failure to follow the directions.

 

3. Use the proper Tone for the assignment.
    
   The tone of your writing is dictated by both (i) the task assigned, and (ii) the audience to whom the document will be submitted.

   Documents submitted to a court or adversary should typically be written in a persuasive tone.  In contrast, a memorandum or letter to a client should typically be written in an objective tone.

   In some instances, the Task Memorandum instructions will explicitly tell you the tone to use.  If you’re not told, then you must match the tone of your writing to the assignment and audience.

   Keep in mind, the tone could vary for any MPT question, which is why you MUST always follow the Task Memorandum instructions.

   For example, typically a memorandum or brief submitted to a judge should be written in a persuasive tone.  However, the Feb. 2010 MPT-2 Task Memorandum instructed examinees to “candidly discuss the strengths and weaknesses of [the] case” even though the memorandum was submitted to early dispute resolution judge.²³  In this instance, the memorandum should be written in an objective tone instead of a persuasive tone.  This task illustrates just how important it is to follow the instructions and make no assumptions.

 

4. Use language appropriate for the recipient… lawyer vs. non-lawyer.
    
   If the writing will be provided to a non-lawyer (e.g. a client), the language used should be appropriate to the client’s level of sophistication… so, generally you’ll want to define any legal terms used.  Additionally, you’ll want “to write in a way that allows the client to follow your reasoning and the logic of your conclusions.”²⁴

   If the writing will be provided to a lawyer or judge/court, then common legal terms may be used without having to define or explain each one.

   Remember, the end recipient of the assignment controls the language to use.  Almost always, the assignment will be provided to a supervising lawyer first, BUT it’s the person whom the supervising attorney will provide the assignment to that’s the distinguishing factor.

 

5. Write and Sound Like a Lawyer… Ready to Begin the Practice of Law.
    
   Complete the MPT assignment per the instructions AND write like a lawyer.  That means your writing must be clear, well organized, and in a tone consistent with the task assigned.  Your writing should also be concise and to the point.

   Writing an answer this way will make it easy for the grader to read, and in turn get you a higher score.  Remember to avoid verbose language… instead, get right to the point you’re making!

 

6. Make it easy for graders to review your MPT answer and give you points.

    
   Each grader has limited time and may read through your MPT answer quickly.  Your job is to make it easy to spot the different parts of your answer so you can be awarded the maximum number of points.  You don’t want to hide your legal analysis in convoluted, verbose language.

   This is why using proper headings (when necessary) and structuring your writing properly is key, so graders don’t get lost or miss anything.  By the end of your practice, you should be able to write an MPT answer (no matter the assignment) in a clear, organized fashion.

 

7. Use headings.
    
   Always use headings and sub-headings to organize your legal analysis or argument.

   For headings, you can use roman numerals, letters, and/or numbers (e.g. I., II., III, … A., B., C., … 1., 2., 3….).    Bold or underline your headings so they stand out and are clearly visible to bar exam graders.

   Each heading should be numbered appropriately to help the grader see if the heading is within the discussion of a larger issue, rule, or topic.  If an issue has multiple parts, create sub-headings for each part.

   For objective tasks, write the heading in a neutral tone.  In contrast, headings for persuasive tasks should be written in a persuasive tone.

 

8. Synthesize the relevant facts and law to produce a clear, logical, and convincing analysis.
    

   For the MPT, you must ascertain what is (and is not) relevant in the File & Library… and then present a clear, logical, and convincing response to the task assigned thereby synthesizing facts with analysis.  Quoting large passages is normally not effective because it doesn’t show any filtering and synthesis.

   In fact, the bar examiners have spoken negatively about examinees who regurgitate or parrot back large passages from the Library without using analysis and synthesis to produce a cogent analysis.²⁵  Plus, re-writing large parts of the File or Library wastes time that could be better spent on higher value items.

 

9. Summarize cases effectively.
    
   On the MPT, you must be able to condense a case down to its core facts, holding, and reasoning.  A well written case summary should succinctly state: (i) the important facts, (ii) holding, and (iii) reasoning of the court.

   Here is an example of a well-written case summary:

   “In determining whether someone stands in loco parentis, the court may consider the child’s age, degree of dependence, or the amount of support provided to her.  For example, in Phillips v. Franklin City Park District, the court found that a grandfather stood in loco parentis to his grandson for whom the grandfather had provided a home from the age of four as well as financial support, attending school conferences and the like. This was sufficient even though the grandson’s mother was alive and did not relinquish her parental rights.”

   You’ll notice that the essence of the case was captured in just a few sentences… that’s your goal when summarizing a case.

 

10. Correctly use Binding Non-Binding Advisory legal authority.
     
    The MPT is designed to test your understanding of the judicial system where the problem occurs (the fictitious 15th Circuit).²⁶

    The court rendering the decision is important and determines how much weight the case must be given (if it’s binding or not binding in that court).

    • For Franklin cases, only cases from a higher court are controlling and must be followed. If the case is from an equal or lower court (than the court you are before), then the case is non-binding advisory legal authority.
      • If the question doesn’t say what court you’re before, then you are likely before the Franklin District Court (the lowest trial court).
    • For Columbia & Olympia cases, Franklin courts are NOT bound by their case law since it’s from a different state. However, non-binding cases can be used as advisory authority – to argue that a Franklin court should take a similar view.
    • Secondary sources (e.g. a treatise) are also non-binding and advisory. Usually, secondary sources are included on the MPT to help you in some way (e.g. a treatise explaining how to draft a will).

1. DON’T include a separate Statement of Facts unless instructed.
    
   You will be told whether or not to include separate Statement of Facts, so pay careful attention to whether it is required in your answer.

   Normally, a separate Statement of Facts section is not required.  For example, the instructions usually say something like:  “Do not draft a separate statement of facts, but be sure to integrate the relevant facts into your analysis”²⁷or “Please draft the argument section of our brief.”²⁸  In that case, you should integrate the facts into your analysis or argument.

   If a Statement of Facts is required, the instructions will be clear.  For example, the July 2004 MPT-3 stated: “All briefs shall include a Statement of Facts.”²⁹  When you are told to include a Statement of Facts, make it only a few short paragraphs.

 

2. Include a short Introduction.
    
   The Introduction section should be a short explanation of the assignment (or purpose) and the issues, points, items, or arguments discussed.  It should summarize the legal issues, include key facts, and contain a short conclusion for each issue.  The Introduction should be no longer than 1-paragraph.

 

3. Use IRAC for legal analysis or argument.
    
   The IRAC method should be used for each legal issue discussed.  IRAC stands for:  Issue, Rule, Analysis, Conclusion.

   When using IRAC:  First, state the issue presented with a conclusion (for persuasive briefs, this will be your point headings).  Second, state the relevant rules of law.  Third, perform your legal analysis – apply the client’s facts to the law.  Fourth, state a conclusion.

   When using IRAC, make sure you answer all of the legal issues or questions posed in the Task Memorandum.

 

4. Make a conclusion for each issue.
    
   Unless instructed otherwise, you MUST reach a conclusion for each issue.

   For objective tasks:  If it’s a close call, just pick the conclusion you think is best and don’t worry if it’s correct.  Remember, the examiners are focused more on the level of legal analysis, and whether your conclusion is supported by the law and facts.

   For persuasive tasks:  Align your conclusion with your legal arguments.

 

5. Always Include legal citations… and know how cite properly.
    
   Only short and simple legal citations are required.  Following this will save you time.

   When citing to cases from the Library, “you may use abbreviations and omit page references.”³⁰ For citations other than cases, keep them simple.

   This is because the MPT is not a test on Bluebook rules, so keep citations short while still making it obvious to the grader what source you’re citing to.  A good way to think about this is how you would refer to a case or document when speaking to another person.

   Let’s use the July 2019 MPT-1 as an example, wherein you want to cite to this case in the Library:  Pennsylvania Coal Co. v. Bulgaria Trading & Transport Co., Ltd., United States District Court for the District of Olympia (2001).³¹  For the citation, all you need to write is:  Pennsylvania Coal.  You DO NOT need to write the full case name, court, or include the page number.

   In some released examinee answers you’ll see full citations, but that doesn’t mean they were necessary.  You’ll never lose points for providing a full citation (because the instructions say “may”), but it’s best spend your time on something that will get you more points (e.g. legal analysis).

 

6. Create your own abbreviated definitions for items to save time when drafting.
    
   Instead of writing long names, citations, or phrases multiple times, it’s better to “define” the item by giving it a short name that will be used in the rest of your writing.

   For example, a document provided in the July 2019 MPT-2 File was titled:  “Transcript of client interview: Carl Rucker.”  Instead of writing the full name over-and-over again, a more efficient method is to define the item the first time it’s discussed giving it an abbreviated name.  For example, you should write:  Transcript of Client Interview: Carl Rucker (“Transcript”).  Then, when discussing the item later on, all you would need to write is the word:  Transcript.

   You can use this method for almost any item referenced in the File or Library.  This method will save time, plus it will make your answer easier to read by the grader.

 

7. Don’t worry too much about typos and occasional bad grammar.
    
   Typos and occasional poor grammar are generally not a factor for grading.³²

   The only time it becomes a factor is “where a paper’s typos and poor grammar will make it impossible to discern whether the examinee does comprehend the relevant legal principles, and in such cases, a lower grade is warranted.”³³

   As such, don’t obsess over the spelling of every word or getting the grammar of every phrase correct.  Instead, focus on the quality of your legal analysis, having a logical and effective organization, and including the level of detail necessary for the assignment.  Remember, finishing the assignment is more important than completing only half of it even if that half is written perfectly.

1. Write in an objective tone.
    
   Your answer should be written in an objective tone – with neutral language that objectively evaluates the facts and applicable law.

   Your analysis should be impartial, and candidly discuss the strengths and weaknesses of the claims, issues, etc.  Don’t be afraid to highlight any negative law or facts along with their effect.  Remember, you should be thorough and balanced in your analysis.

1. Write in a persuasive tone.
    
   Your answer should be written in a persuasive tone, in which you must advocate and make the strongest arguments for your client.  Your job is to persuade, not to objectively analyze or assess.

 

2. DON’T just use fancy adjectives when writing in a persuasive tone.
    
   For MPT tasks that require a persuasive tone, do not just use fancy adjectives or merely state that a position is “clear.”  That type of writing will not get you far when dealing with a court or an adversary… and it won’t get you far with bar exam graders.

   Instead, you must present well-reasoned arguments that are supported by the facts and applicable law.³⁴

   Similarly, “be mindful that courts are not persuaded by exaggerated or unsupported arguments.”³⁵

 

3. Present facts in the best possible light for the client… and DON’T ignore negative facts.
    
   When writing in a persuasive tone, you want to present the facts in the best possible light for the client.  You must integrate the facts into the legal argument to make the strongest case for the client.  However, you cannot ignore negative or unfavorable facts… but you can include them mid-paragraph, so they aren’t highlighted.

 

4. Write persuasive, compelling, and carefully crafted point headings.
    
   Make sure your headings are persuasive, compelling, and carefully crafted for each argument.

   The point headings should succinctly summarize the reasons the court should take the position you are advocating.  Break the argument into major components, and write headings summarizing the arguments in each component.³⁶

   Headings should be persuasive using a specific application of the law to the facts, and not a bare legal/factual conclusion or statement of abstract principle.³⁷  Each heading must state a legal conclusion with the supporting facts.  Here’s how to think about this:  “The key to writing an effective point heading is simple:  state the legal conclusion you want the court to read and the factual basis on which it can do so.”³⁸

   Below are examples of good and bad headings.³⁹

1. DON’T make conclusory statements as arguments.
    
   Do not make conclusory statements for your arguments.  Instead, “[t]he body of each argument should analyze applicable legal authority and persuasively argue how both the facts and the law support the client’s position.”⁴⁰

 

2. Discuss both supporting and unfavorable legal authority.
    
   Supporting legal authority should be emphasized, but unfavorable authority should generally be cited and explained or distinguished.⁴¹

   Specifically, you should use supporting cases to argue by analogy – that the facts in the case are the same/similar to the client’s situation, and that the court should reach the same result.

   For unfavorable cases, you must distinguish them – argue or explain that the facts of the case are different to the client’s situation.  Make sure to: “Anticipate and accommodate any weaknesses in your case in the body of your argument, and if necessary, make concessions, but only on non-essential points.”⁴²

 

3. Properly analyze conflicting cases for persuasive tasks.
    
   Analyzing conflicting cases is an important skill to master when drafting persuasive Tasks (e.g. persuasive brief, memo, or letter).

   When cases in the Library reach conflicting results, you “should emphasize the favorable parts [of cases] and distinguish the aspects of those cases that do not favor the [client].⁴³

   It’s also important to determine if a recent case overruled an older unfavorable case.  In that situation, you can simply state that the recent case is controlling.  If the older case is still controlling (e.g. it’s from a higher court), then distinguish the facts.

   Following these guidelines will help you make the strongest argument for the client.