In my 20 years of coaching students to pass the California Bar Exam, I have noticed an unfortunate pattern. Students will spend hundreds of hours memorizing the Rule Against Perpetuities or the nuances of Civil Procedure for the MBE, yet they will treat the Performance Test (PT) as an afterthought.
They tell me, “Steve, I don’t need to study for the PT. It’s open book. I’ll just wing it.”
This is a big mistake. But it is also a massive opportunity.
The PT is worth double the value of a single essay. It counts for roughly 20% of your total written score. And here’s the key: The PT is the only section of the exam where they give you the answer.
If the essays and MBE are a test of your memory, the PT is a test of your discipline. It is a “closed universe.” You don’t need to bring any outside law and you don’t need to memorize a single element. Everything you need to write a passing answer is sitting right there in the packet.
If you are struggling to find points on the essays, the PT is where you make them up. These are “free points,” but only if you know how to grab them.
Here is how we turn the PT from an enemy into your best friend.
1. The Task Memo is Your Commander
Most students glance at the Task Memo and then dive straight into the Library. This is like trying to build IKEA furniture without looking at the pictures.
The Task Memo is not just an introduction; it is a set of explicit instructions that tells you exactly how to get a high score. It tells you:
- The Format: Are you writing a persuasive brief? An objective memo? A letter to a client?
- The Audience: Are you writing to a judge (formal, legal) or a layperson (simple, explanatory)?
- The Tone: Persuasive or objective?
If the Memo asks for an objective memorandum and you write a persuasive argument, you are failing before you even start. I teach my students to methodically highlight every instruction in that memo. If you follow the instructions exactly, you are already ahead of 50% of the applicants.
2. Respect the “Closed Universe”
The hardest part of the PT for smart law students is turning off their brains. You might know everything there is to know about Evidence law, but if the Library in the PT gives you a fake case that contradicts real law, you must use the fake case.
The PT is a game. The “trick” is that they are testing your ability to follow their rules, not the real world’s rules.
When I was studying for my third (and final!) attempt at the bar, I stopped trying to be a “smart lawyer” on the PT and started being an obedient one. I treated the Library as the only law in the universe. If a case in the Library establishes a three-part test, your answer must use that three-part test as your structure. Do not get creative. Be mechanical.
3. Structure Looks Like Competence
Your grader is tired. They are reading hundreds of these answers. If you hand them a giant wall of text, they will punish you.
You need to make your answer look like a professional document.
- Use Headings: If the Library cases discuss three distinct issues, you should have three distinct headings.
- Use White Space: Short paragraphs are easier to read than long ones.
- Sign-Offs: If it’s a letter, sign it. If it’s a memo, use a “To/From/Date” header.
Structuring your answer correctly signals to the grader that you are already a professional. It is a psychological trigger that says, “This applicant knows what they are doing.”
4. The 90-Minute Drill Down
Time management on the PT is where the battle is won or lost. You have 90 minutes.
- 45 Minutes: Read and Outline.
- 45 Minutes: Write.
Do not start writing until you have a plan. I tell my students to drill down on the Library cases during the first 45 minutes. Extract the rules, match them to the facts in the File, and build your skeleton. Once that clock hits the halfway mark, you stop reading and you start typing.
Stop Ignoring the Gift
The PT is not a throwaway section. It is the life raft that can carry you to a passing score when your MBEs are shaky.
When I finally passed the bar, it wasn’t because I suddenly became a genius at Torts. It was because I learned to follow the rules. And I treated the PT as a “friend” that I could count on to get me over the top.
You can do this. And if you want a trusted partner in slaying the dragon, please contact me. Let’s make this bar exam your last.