Beginning with the July 1997 bar exam, the New Mexico Board of Bar Examiners will test two ninety-minute performance test questions instead of the five essay questions on Tuesday morning. Since this is a new test for New Mexico, the Board thought a more detailed description of this test was warranted. The following is a description of the multistate performance test reprinted with the permission of the National Conference of Bar Examiners.
"The MPT is not a test of substantive knowledge. Rather it is designed to examine six fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills arise. MPT requires the applicants to (1) sort detailed factual materials and separate relevant from irrelevant facts; (2) analyze statutory, case, and administrative materials for principles of law; (3) apply the 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. Test specifications are based on the MacCrate Task Force's Statement of Fundamental Lawyering Skills.
These skills will be tested by requiring applicants to perform one of a variety of lawyering tasks. Although it is not feasible to list all possibilities, examples of tasks applicants might be instructed to complete include writing 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."
