Maybe not yet, but I've been thinking about the MPRE. Mostly because I'll be attending a wedding at the Watergate hotel this weekend.
The Watergate scandal (and as part of the wedding reception there WILL be a "scandal" tour) is in part to blame for the MPRE. Not entirely, but the event made many doubt legal ethics, so we started to see legal ethics requirements pop up. The NCBE started planning and creating the MPRE in 1976, with the first test administration in 1980. This means the MPRE is the same age as I am – from my perspective, that means the MPRE is a young whippersnapper. However, I realize that for many of you, that means the MPRE (and myself by extension) feels old. I'm also not helping myself by using the word "whippersnapper."
So, whatever the history or age may be, you have to take it. Well, you do unless you want to practice in Wisconsin, Maryland, or Puerto Rico. So, I want to share some quick FAQs I share with students. In October I'll share some study tips!
What is the MPRE? The MPRE is the Multistate Professional Responsibility Exam. The MPRE is a two-hour exam with 60 questions of which 50 are scored (the remaining 10 are pretest questions). The exam is designed to measure your knowledge and understanding of the standards of professional conduct related to lawyers. The MPRE is required in all jurisdictions except Maryland, Wisconsin, and Puerto Rico. It is offered
three times a year. The MPRE is based on the American Bar Association (ABA) Model Rules of Professional Conduct and ABA Model Code of Judicial Conduct Questions addressing judicial ethics apply the Model Code of Judicial Conduct. Questions addressing discipline of lawyers is governed by the Model Rules of Professional Conduct. The remaining questions measure your understanding of generally accepted rules, principles and common law regulating the legal profession (the majority view). Unless otherwise stated, the Federal Rules of Civil Procedure and the Federal Rules of Evidence apply to questions of professional responsibility in the
procedural or evidentiary context
When is the MPRE offered? The MPRE is offered in August, November, and March.
When do I need to take the MPRE? It is advisable to take the MPRE prior to taking the bar exam, though not all jurisdictions require you do so. It is likely best to take the MPRE the August or October of your final year. While it is possible to take the March MPRE, please note that it usually has conflicts with spring break and various competitions. You will likely know your schedule best, I'm only suggesting that you don't put it off too long! (also, some states put an expiration – usually 2-4 years) on the MPRE score you receive, so you also don't want to take it TOO early)
The deadline to register for the November MPRE is September 17th.
What score do I need to “pass” the MPRE? This answer varies from jurisdiction to jurisdiction. In Illinois you need an 80 to “pass”, while Massachusetts requires an 85. You should consult your jurisdiction's website, or the NCBE's website, for the exact score your jurisdiction will require.
How long do I need to study for the MPRE? This varies from student to student, and will depend largely on how comfortable you are with multiple choice questions. I recommend a 4-5 study schedule, with 6-8 hours per week. However, if you struggle with multiple choice, or tests in general, you should leave yourself more time. You should also plan to take 1-2 practice exams prior to the actual test. I do NOT suggesting blowing off the exam, and not studying at all. When i see students have to retake the MPRE, it's typically because they didn't believe it would be that hard, so studied the night before, and didn't do many practice exams.
Both Themis and BarBri have free MPRE materials, and you can get a good idea of what the test will be like. As I mentioned, I'll be back in October with study tips!
Do I need to take professional responsibility prior to the MPRE? It is recommended, but not required. The MPRE tests bright line rules, while your PR course often goes into more nuanced areas of the law. This means that not every Professional Responsibility course will help with the MPRE, and that's ok!
Also, if you don't initially receive the score you need, that does NOT mean you are unethical. It might just mean you are struggling with multiple choice, so please don't read too much into the score!
(Melissa Hale)
