Misplaced Means Missed: Why Misplaced Discussions on the MPT Don’t Earn Credit
- Tommy Sangchompuphen
- May 5
- 3 min read
Updated: May 7
If you’re prepping for the bar exam, you’ve likely heard that the Multistate Performance Test is “just like real lawyering.” You’re handed a file and a library, and you're expected to produce a real-world legal document. Seems simple enough, right?
But here’s the part many students miss: bar examiners aren’t grading you for effort—they’re grading you for precision. And on the MPT, misplaced discussions don’t just miss the point—they miss the points.
What Does “Misplaced” Mean?
Let’s define it clearly. A misplaced discussion is a section of your response that either:
Discusses a legal rule or factual issue that isn't relevant to the task,
Includes a rule or case the task doesn’t call for, or
Addresses a legal rule that is relevant somewhere, but puts it in the wrong section, or in the wrong order.
It’s not just about saying the wrong thing. It’s often about saying the right thing at the wrong time—or in the wrong way.
Why Bar Examiners Don’t Give Credit for Misplaced Material
There are three main reasons misplaced discussions get little to no credit:
1️⃣ They Undermine the Purpose of the MPT: Testing Lawyering Skills
The MPT doesn’t test memorized knowledge—it tests your ability to read instructions carefully, extract relevant law, and apply it appropriately. When you talk about the wrong issue or analyze a case that has nothing to do with the client’s problem, it signals to the grader that you didn’t understand what was being asked.
Real lawyers don’t pad memos with irrelevant law. Neither should bar takers.
2️⃣ They Waste Time and Word Count
The MPT is a 90-minute exam. That means every sentence needs to pull its weight. If you spend precious time on misplaced issues, you risk running out of time before discussing the core arguments that actually do matter. Graders can’t reward what you don’t get to.
It’s like spending 30 minutes decorating the title page of a legal brief and then submitting it with no conclusion. Looks pretty, but it’s pointless.
3️⃣ The Grading Rubric Is Ruthlessly Task-Specific
Bar examiners use point sheets with very specific criteria tied to each task. A misplaced discussion is, by definition, outside the bounds of what you were asked to do. Even if it’s legally accurate, it doesn’t line up with what the graders are scoring.
To put it bluntly: it doesn’t matter how brilliant your legal analysis is if it doesn’t answer the question the task asked.
How to Avoid Misplaced Discussions
Follow the Task Memo to the Letter. If it says “Applicant” is writing a memo to a supervising attorney, write from that role and focus on the issues they tell you to address.
Use Headings That Match the Task. Structure your response according to the issues identified in the task memo or your outline of the legal analysis—not your own guesswork.
Stay Close to the File and Library. Don’t go looking for extra issues. The MPT isn’t about showing off what you know. It’s about applying the material you’re given.
Don’t “Kitchen Sink” It. Throwing in extra legal doctrines in hopes of scoring more points will often do the opposite. Less is more—when it’s focused and well-organized.
A misplaced discussion on the MPT is like a GPS that gives you beautiful directions—to the wrong destination. It might be clear, thoughtful, and even persuasive—but if it doesn’t take you where you need to go, it’s not helpful. And on the MPT, unhelpful means unscored.
Keep your writing focused. Follow directions. Answer the question. That’s how you get credit.
