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Edited Wrom: WTQTIPWIGYOKSTT
Performance Test, Practising
Law Institute.
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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).
- 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:
- Identify
and diagnose the problem
- Generate
alternative solutions and strategies
- Develop
a plan of action
- Implement
a plan of action
- Keep
the planning process open to new information and new ideas
- 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:
- Identify
and formulate legal issues
- Identify
relevant legal rules within a given set of legal materials
- Formulate
relevant legal theories
- Elaborate
legal theories
- Evaluate
legal theories
- Criticize
and synthesize legal argumentation
- 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:
- Identify
relevant facts within a given set of factual materials
- Determine
the need for factual investigation
- Plan
a factual investigation
- Memorialize
and organize information in an accessible form
- Decide
whether to conclude the process of fact-gathering
- Evaluate
the information that has been gathered
- Communication:
the applicant should demonstrate the ability to communicate effectively
in writing. Communication includes the ability to:
- Assess
the perspective of the recipient of the communication
- Organize
and express ideas with precision, clarity, logic, and economy
- 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:
- Allocate
time, effort, and resources efficiently
- Perform
and complete tasks within time constraints
- Recognizing
and resolving ethical dilemmas: the applicant should demonstrate the
ability to represent a client consistently with applicable ethical standards.
Ethical representation includes:
- Knowledge
of the nature and sources of ethical standards
- Knowledge
of the means by which ethical standards are enforced
- Ability
to recognize and resolve ethical dilemmas
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