Evaluate claims, defenses, proof, exposure, and the next litigation decision.
Objective work product
How to write an MPT case evaluation or litigation strategy memo
A case evaluation or litigation strategy memo asks what a lawyer would want to know before deciding how to proceed: how strong are the claims and defenses, what proof exists and what is missing, what is the realistic exposure, and what should the next step be. It is objective work with a decision at the end, so the MPT expects a recommendation rather than a neutral survey. Rank the issues by how much they affect the outcome, be specific about which facts support and undercut each element, and say what evidence could be obtained to fill the gaps. Settlement value and procedural posture usually matter as well. Read the assignment memo to find the decision the reader is actually facing. The framework below gives the skeleton, the items to read for, and a rubric to check your draft.
AUDIENCESupervising lawyer or litigation team
Candid, strategic, evidence-based, and risk calibrated.
Supervising lawyer or litigation team
Build this structure before drafting
- 1
Executive assessment
- 2
Claims and defenses by element
- 3
Evidence and proof gaps
- 4
Procedural risks
- 5
Range of outcomes
- 6
Recommended next steps
What to extract
- Who bears each burden
- Admissible proof for each element
- Threshold motions or deadlines
- Leverage, cost, and remedial exposure
Format-specific traps
- Treating allegations as evidence
- Analyzing law without proof
- Ignoring remedy and collectability
- Recommending discovery unrelated to an element
A usable opening
The claim is presently ___ because the file supports ___ but lacks ___. The next highest-value step is ___.
Score the finished product analytically
The problem-solving skill NCBE tests
NCBE's skills document says problem solving includes identifying and diagnosing the problem, generating alternative solutions and strategies, developing a plan of action, implementing it and keeping the planning process open to new information and ideas. A case evaluation is where those steps show.
NCBE lists problem solving first among the six skills the MPT tests.
Facts, gaps and time
NCBE says the MPT expects examinees to sort detailed factual materials, separating relevant from irrelevant facts. Its skills document adds that factual analysis includes determining the need for factual investigation and evaluating the information gathered.
NCBE's instructions suggest allocating approximately half your time to reading and organizing before you begin writing. A case evaluation benefits from that: the evaluation depends on what you find in the File.
Practice walk-through: an evaluation of a slip-and-fall claim
This scenario is invented for practice and is not NCBE material. The task memo asks a senior partner's question: should the firm take a slip-and-fall case against a grocery chain? The File has an incident report, a photograph of a wet floor, the store's cleaning log and a medical summary. The Library has an invented rule that a store is liable only if it knew or should have known of the hazard, and that a cleaning log showing an inspection within 30 minutes weighs against constructive notice.
Organize by element and proof. On notice, the log matters most: "The log shows the aisle was checked at 2:10 and the fall occurred at 2:52, so the store will argue it acted within the 30-minute window; our best counter is the photograph showing a spill trail too large to form in 20 minutes." Then say what is missing: no witness, no video request yet. Give a range of outcomes and a next step with a deadline, such as sending a preservation letter for camera footage. A losing evaluation restates the rule, treats the client's account as proven, and never addresses the log.
Targeted format drill
15-minute drill
Build an element-proof-gap table and rank the next three investigative steps by expected value.
Questions about this format
What tone should an MPT case evaluation or litigation strategy memo use?+
Candid, strategic, evidence-based, and risk calibrated.
What is the biggest trap?+
The most common failure in this format is treating allegations as evidence.
What does NCBE mean by problem solving?+
Identifying and diagnosing the problem, generating alternative solutions, developing and implementing a plan, and keeping the planning process open to new information.
How much time should I spend reading before writing on the MPT?+
NCBE's instructions suggest approximately half your time reading and digesting the materials and organizing your answer before you begin writing.
Is a case evaluation a listed MPT task?+
NCBE's example list does not name it, but problem solving is one of the six tested skills, so it is good practice and the task memo controls.
What does NCBE mean by factual analysis?+
Identifying relevant facts, determining the need for investigation, planning it, organizing information, deciding when to stop gathering and evaluating what was gathered.
Should a case evaluation weigh several options?+
Yes. NCBE lists generating alternative solutions and strategies as part of problem solving, so an evaluation should compare options before recommending one.
Can I write in the MPT test materials?+
Yes. NCBE's instructions say you may make notes anywhere in the test materials, with blank pages provided at the end, but you may not tear pages from the booklet.
Primary and official sources
NCBE: MPT skills tested↗NCBE: preparing for the MPT↗NCBE: the Multistate Performance Test↗Legal writing (Wikipedia)↗More from the MPT document library
This case evaluation or litigation strategy memo is one of 14 formats in the MPT document library. Compare it against the Investigation or discovery plan format and the Negotiation plan format to see how structure and tone shift by document type.