Performance Test Attack Sheet for the Texas Bar Exam

Creating a study guide or an attack sheet for the Performance Test portion of the Texas Bar Exam is a strategic way to organize and prepare for this practical section of the exam. The Performance Test (PT) requires examinees to complete a task that simulates a real-world legal scenario using provided materials. Here is a guide to help you prepare and excel in the Performance Test:

# Performance Test Attack Sheet for the Texas Bar Exam

## Introduction
– Understand the purpose of the PT: to test the ability to apply legal knowledge in a practical setting.
– Time management: 90 minutes to read the file, organize your answer, and write a clear, well-reasoned document.

## Before the Exam
– Familiarize yourself with the format of the PT and types of tasks: drafting a memo, brief, letter, or other legal documents.
– Practice with past PT questions to gain experience interpreting instructions and organizing answers.

## During the Exam

### Step 1: Read the Instructions Carefully
– Identify the task (e.g., legal memorandum, client letter, contract provision).
– Determine the client’s goals and the intended audience.
– Note any formatting or structural preferences indicated by the instructions.

### Step 2: Review the File
– Skim the file for a general understanding.
– Identify the relevant facts and highlight them.
– Note down the names of parties, key witnesses, and important dates.

### Step 3: Review the Library
– Identify the controlling statutes, cases, or rules.
– Understand the legal principles and how they apply to the facts.
– Distinguish between binding and persuasive authority.

### Step 4: Organize Your Document
– Draft an outline based on the task and instructions.
– Use IRAC (Issue, Rule, Application, Conclusion) or CREAC (Conclusion, Rule, Explanation, Application, Conclusion) for structuring legal arguments.
– Decide on headings and subheadings for clarity.

### Step 5: Write Your Document
– Follow your outline and maintain a clear and concise writing style.
– Use plain language and avoid unnecessary legal jargon.
– Begin with an introduction that outlines the issues and previews the analysis.
– Apply the law to the facts methodically, and address counterarguments.
– End with a conclusion that summarizes your findings and recommendations.

### Step 6: Editing and Finalizing
– Leave time to review and edit your work.
– Check for spelling, grammar, and punctuation errors.
– Ensure your document is well-organized and follows the instructions.
– Confirm that you have addressed all the issues raised in the file and library.
– Make sure your document is professional and presentable.

## Additional Tips
– Practice time management by simulating the test conditions during practice sessions.
– Develop a shorthand system for note-taking to save time.
– Pay close attention to the tone required by the task (advocacy, objective analysis, etc.).
– Familiarize yourself with legal citation format, although precision isn’t as crucial as in the essays.

## After the Exam
– Evaluate your performance and identify areas for improvement.
– Review model answers or sample high-scoring responses if available.
– Continue practicing and refining your approach to the PT.

Remember, the key to success on the Performance Test is practice, organization, and clarity of thought and expression. Use this attack sheet as a foundation to develop your strategy and approach each PT with confidence.

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