As of April 2011, the Multistate Professional Responsibility Examination, or MPRE, is a multiple-choice exam required for admission to the bars of all US jurisdictions, except Wisconsin, Maryland, and Puerto Rico. Beginning in July 2013, Washington will require the MPRE. The 60-question exam, which is administered three times a year in two-hour and five-minute sessions, assesses knowledge of established attorney professional conduct standards. The MPRE was created by the National Conference of Bar Examiners and first administered in 1980.
The MPRE examines a candidate’s understanding of the standards that govern a lawyer’s professional conduct rather than his or her personal moral values. These rules are based on the American Bar Association’s (ABA) Model Rules of Professional Conduct and the ABA Model Code of Judicial Conduct, among other sources. Attorneys are also guided by constitutional decisions and federal and state case law when it comes to evidentiary rules and procedures.
There are 60 multiple-choice questions on the exam. The candidate will be asked to apply his or her knowledge of judicial ethics and respond to questions about how state authorities discipline lawyers. Other questions assess knowledge of common law and generally accepted legal principles in the United States. A total of ten test center review items are included to assess the test taker’s reaction to the testing environment.
A fact pattern is followed by a question with four possible answers in an MPRE question. The test taker must choose the best answer from four options. Many questions include key words or phrases like “subject to discipline,” which asks if the conduct described would lead to disciplinary action against the attorney. “Subject to litigation sanction” and “subject to disqualification” are two other key phrases.
The passing exam score is determined by each jurisdiction. The standard score scale has a mean of 100 and a range of 50 to 150. Candidates should keep their score reports because they may be required as part of the bar application process in some jurisdictions.
This exam is usually taken before a candidate graduates from law school. If the timing requirements are met, an MPRE score from one jurisdiction is automatically valid in all other jurisdictions. There are numerous study aids and guides on the market. The most common are books that include practice exams and test-taking tips, but flash cards are also an option. Online prep courses are available from companies like Kaplan, and many law schools offer professional responsibility classes.
For candidates who received a C or higher in a professional ethics law school class, some jurisdictions will waive the MPRE requirement. New Jersey and Connecticut are two examples. Questions about local rules of conduct are included in the bar examinations of jurisdictions that do not require the exam. For specific MPRE requirements, candidates should contact the bar association of the jurisdiction in which they wish to practice.