Performance Tasks 

Approximately a third of the exam time will be devoted to performance tasks. Performance tasks are closed-universe items that pose a question or a series of questions about a single client matter. These tasks will require examinees to demonstrate their ability to use fundamental lawyering skills in realistic situations, completing tasks appropriate for a newly licensed lawyer. 

Each performance task begins with a memo that introduces the client, identifies the matter, and lists each document in the file and each legal resource in the library. The estimated time for an examinee to complete a performance task is approximately 60 minutes. 

There are two types of performance tasks: standard performance tasks (PTs) and legal research performance tasks (LRPTs). PTs focus on a single, longer writing assignment, while LRPTs combine several multiple-choice and short-answer questions with a medium-length writing assignment. Each administration of the NextGen UBE will include three performance tasks.  

Standard Performance Tasks 

Standard performance tasks (PTs) focus on written legal-analysis skills and consist of one extended writing assignment. PTs include a file, which presents all relevant case facts, and a library, which presents all of the legal sources that examinees need to respond to the writing assignment. From these materials, examinees will engage in legal analysis about a client matter and produce a written product, which may be a portion of a memo, brief, or other common legal document.   

Legal Research Performance Tasks 

Legal research performance tasks (LRPTs) include a file and a library of sources, like PTs, but LRPTs focus on legal research and analysis skills. They consist of a series of multiple-choice and short-answer questions followed by one medium-length writing assignment. The multiple-choice and short-answer questions assess an examinee’s research and analysis skills through questions related to the file and library, while the medium-length writing assignment is similar to a standard PT but smaller in scale.