MPRE Advice

The MPRE is around the corner for many students. If you are wondering when to take it, my personal advice is to give yourself at least 2 administrations before the bar exam. So, if you are taking the bar exam in July of 2021, take the MPRE in August or October of 2020. 

As an exam it should be taken seriously. Many students don't get the score required for their jurisdiction because they thought it would be easy, and didn't study. While it's not necessary to devote a full time regimen to studying, you do have to devote some time to taking it seriously. The amount of time you spend depends entirely on each student. 

While I can't tell you the exact amount of time you need to devote to the MPRE, I can give you some general tips.

First, pay attention to the call of the question. They are often very specific.  A question may ask about "malpractice", or it may ask about "subject to discipline".  In rare instances, the question may ask about whether the lawyer committed a crime, or if they are subject to sanctions. These all have different meanings, and it's incredibly easy to pick the wrong answer only because you read the call of the question too quickly. 

For example, there are plenty of instances where an attorney is subject to discipline, and have clearly violated the rules of professional responsibility. However, the attorney will not be subject to liability, or malpractice, if there is no negligence. In that instance, the attorney must have breached a duty, and that breach caused an injury. While there may be times when an attorney violates a rule of professional responsibility AND was negligent, there are also plenty of instances where the attorney violated a rule, but the client suffered no damages. Be on the lookout!

Second, pay attention to the details of the question and the answer choices. Is it may or must? Should or can?

Generally, the MPRE tests the bright lines of the model rules of professional responsibility. This may differ from best practices. Often, in a professional responsibility course you are taught what an attorney should do, and you often analyze scenarios with grey areas. The MPRE is an objective test, so remember that they can't test the grey area. 

Third, practice does make perfect. Don't rely on merely reviewing an outlining, or making flashcards. Practice, and review, as many practice MPRE questions as possible. Make sure you learn from each question. This will help you more than passively reviewing the model rules. 

Finally, don't forget to do 1 or 2 practice tests, in a timed setting. You want to make sure you are OK on timing and stamina. 

If you are taking the MPRE in March, now is a good time to start studying, if you haven't already!

Good luck!

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