• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Bar Exam Toolbox®

Get the tools you need for bar exam success

  • I Failed!
  • Tutoring
  • Courses
    • Writing Help: Essays/PT
    • MBE Help
    • Self-Study Program
    • Options – California
    • Options – UBE
    • Options – FYLSE (Baby Bar)
  • Bar Exam 101
  • About
  • Blog
  • Podcast
  • Login

The Key to the Performance Test: Find Your Approach

March 19, 2013 By Lee Burgess 1 Comment

signThe performance test is my favorite part of the bar exam because you don’t need to know any law. Great, isn’t it? But folks still struggle with this part of the exam. There are a few keys to being successful on the performance test:

(1)  You need to have an approach.

(2)  You need to practice that approach.

(3)  You need to get feedback on your writing.

What is a performance test approach?

I consider a performance test approach to be the “how to” of what you do when you get the packet. You want to approach each exam, generally, in the same way. This keeps you on task, makes you efficient, and even helps with exam anxiety. My students tell me they feel ready for the performance test portion when they get to that part of the exam and say, “Okay, here we go again!”

I would argue that there is not one perfect approach for everyone. Instead you need to try different approaches to see what works for you. You might learn a few different approaches, be it from your commercial bar review course, your private tutor, or even a book (such as Perform Your Best on the Bar Exam Performance Test by Mary Campbell Gallagher, JD, PhD).  In order to try these out, you must practice, practice, practice.

Basically, you want to focus on an approach for each portion of the test.

Task Memo: You will get a memorandum giving you your task. There is a lot of quality information in this part of the test.  It is so important that you actually need to read it twice. Furthermore, following directions is incredibly important on the performance test. Don’t miss out on the opportunity to frame your answer correctly since following the directions amounts to such easy points. Warning! If you ever find yourself saying, “Hey, I know they said to do it this way, but I am actually going to do it this other way,” please stop yourself! Danger zone! You must do it as presented to you by the bar examiners.

File: The file will have a bunch of different documents relating to the assignment at hand. These can be transcripts, contracts, depositions, letters, you name it. Your job is to sift through the facts looking for the relevant ones. You are on a hunting expedition. If you find yourself highlighting everything on the page, you are in another danger zone! Not everything is relevant. It is important to note that some students like reading the file first and some the library. I find it is a personal preference. You should try a few both ways to see which is right for you.

Library: The library will have statutes, cases, and the like. It is here that you are searching for the law to apply to the facts in the file. Again, don’t get caught up in highlighting every word. Instead, you must sift through all of this information in order to determine what is actually relevant and on point to complete the task at hand. I sometimes tell my students to “sit on their hands” until they see something relevant to highlight. It sounds silly, but it works.

Crack open a performance test and see how it goes!

The best way to find the right approach for you is through practice and feedback. Get started today! What do you have to lose really? If you are really good at the performance test, then you can feel confident about one portion of the exam. If you struggle with it, you have plenty of time to practice and learn different approaches to conquer the exam.

—

Interested in our new reviews and bar exam tips? Sign up now for our free mailing list!

Did you find this post helpful? Check out some of our other articles for more great study tips!

  • Know Your State Bar Admission Requirements
  • 3L Bar Exam Tip: Graduation Requirements and Bar Electives
  • An Entrepreneur’s Approach to Studying for the Bar Exam

Image by mzacha via stock.xchng.


Ready to pass the bar exam? Get the support and accountability you need with personalized one-on-one bar exam tutoring or one of our economical courses and workshops. We're here to help!


 

About Lee Burgess

Lee Burgess, Esq. is the co-founder of the Law School Toolbox, a resource for law students that demystifies the law school experience, and the Bar Exam Toolbox, a resource for students getting ready for the bar exam. Lee has been adjunct faculty at two Bay Area law schools, teaching classes on law school and bar exam preparation. You can find Lee on Twitter at @LeeFBurgess, @lawschooltools, or @barexamtools.

Reader Interactions

Comments

  1. Alison Monahan

    03.20.13

    I’m pretty sure the performance test was the only reason I passed the California bar exam!

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Let us know you are not a spammer! * Time limit is exhausted. Please reload CAPTCHA.

Primary Sidebar

  • Podcast
  • Facebook
  • RSS
  • Twitter

About Us

Want to pass the bar exam? Of course you do! We’re here to help. You’ll find lots of helpful free content at Bar Exam 101, in the Bar Exam Resource Hub, and on the Bar Exam Toolbox podcast. For more hands-on help, take a look at our courses and workshops and bar exam tutoring options. Please get in touch with any questions!

Recent Posts

7 Time Management Tips For Bar Studiers

7 Time Management Tips For Bar Studiers

There isn’t a more intense experience for a lawyer than studying for the bar. While there are no magic ways to make it easy per se, there are ways to … [Read More...] about 7 Time Management Tips For Bar Studiers

Podcast Microphone

Podcast Episode 204: Listen and Learn — Scope of Discovery and the Work-Product Privilege

Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure, and specifically, the … [Read More...] about Podcast Episode 204: Listen and Learn — Scope of Discovery and the Work-Product Privilege

Bar Study Tips for Students with ADHD

Bar Study Tips for Students with ADHD

Mastery of the bar exam material within a tight timeframe is a challenge. Sitting for hours on end, doing the work, and staying focused through it all … [Read More...] about Bar Study Tips for Students with ADHD

Podcast Microphone

Podcast Episode 203: Listen and Learn — Motions for Summary Judgment (Civ Pro)

Welcome back to the Bar Exam Toolbox podcast! Today we discuss the procedure for filing a motion for summary judgment, which is how many cases are … [Read More...] about Podcast Episode 203: Listen and Learn — Motions for Summary Judgment (Civ Pro)

Considerations When Taking Bar Exam Advice

Considerations When Taking Bar Exam Advice

We have all sought advice from time to time especially in law school. The bar exam can be somewhat of uncharted territory. When you feel directionless … [Read More...] about Considerations When Taking Bar Exam Advice

Need to Pass the Bar Exam?

Sign up for our free weekly email with useful tips!

Footer

  • Podcast
  • Facebook
  • RSS
  • Twitter
  • I Failed!
  • Tutoring
  • Courses
  • Bar Exam 101
  • About
  • Blog
  • Podcast
  • Login
  • Privacy
  • Terms & Conditions
  • Refunds
  • Contact

Copyright 2023 Bar Exam Toolbox®™