You, Me, and the MPRE – Part 1

The 5 W’s of the MPRE

Part 1

Written by: Scot Goins, Director of Academic Achievement and Bar Success

Previously, in the introduction to this MPRE series, I engaged in a brief overview of the exam, including what states require a passing score, what kind of mindsets students approach the exam with, and then provided an advance overview of what this series would cover. In this section, we cover the 5 W’s in order to get an understanding of where the MPRE comes from, the makeup of the exam, and to provide a firm foundation for Part 2, which breaks down the exam into its component parts. Remember also that Part 3 of the series will cover the resources available for MPRE preparation, and that Part 4 of the series will help review study timelines and strategies to help ensure you are successful on your first take.

Let’s now take a look at the 5 W’s of the MPRE:

Who: The MPRE is developed by the National Conference of Bar Examiners (NCBE) and (currently) is administered by Pearson Vue. Beginning in 2020, the test will be administered entirely on a digital platform, thereby removing old worries about sharpening pencils, erasure marks, and accidentally getting tears on your scantron (just kidding, it’s really not that bad!). In 2019, 54 jurisdictions required the MPRE.

Where: Test takers visit a Pearson Vue testing center (if you want to locate your nearest testing go here) to take the MPRE. 

When: Previously, the MPRE was administered on the weekend generally, but that all changed in 2020. During this calendar year, the MPRE takes place during the week and you can see that schedule here. An important thing to note about the MPRE registration deadlines is that they often occur more than a month before the exam. So, if you are thinking about registering for the March or August 2021 administrations, make sure to do well in advance. Also note that unlike 2020, there is no October administration of the exam in 2021 (instead, there will be a November administration).

Registration for the 2021 MPRE administrations opens on December 14, 2020, and is currently slated to have a fee of $135. It also appears the exam will be shifting to a two consecutive day format, unlike the staggered schedule seen in 2020.

Why: The MPRE is administered to test examinees on their knowledge and understanding of established standards and rules related to the professional conduct of lawyers. It does not test an individual to determine his or her personal ethical values and morals. Since lawyers can serve in a variety of roles, including as judges, counselors, legal advocates, and so forth, it is important to ensure that attorneys have an understanding of rules and expectations for them. The test questions generally deal with circumstances

The law governing the conduct of lawyers in these roles is applied in disciplinary and bar admission procedures, and by courts in dealing with issues of appearance, representation, privilege, disqualification, and contempt or other censure, and in lawsuits seeking to establish liability for malpractice and other civil or criminal wrongs committed by a lawyer while acting in a professional capacity.

What: The MPRE is an exam administered over two hours that consists of 60 multiple-choice questions. Of these 60 questions, only 50 are actually scored, and the other 10 are considered pretest questions and are generally said to be indistinguishable from the scored questions. Your takeaway from that is simple: treat all 60 questions like they count. The scaled score that takers will receive can range from a low of 50 to a high of 150.

Scores to pass the MPRE vary based on jurisdiction. Georgia requires a minimum passing score of 75, which ties with Alabama, the District of Columbia, Mississippi, New Jersey, Oklahoma, Pennsylvania, Palau, and the Virgin Islands for the lowest required score for passing. In order to provide some perspective, the mean scaled score for the entire group of MPRE takers in 2019 was 94.9. Although this number is higher than Georgia’s required passing score, that does not mean that you can overlook this exam. Regardless of your intended practice state’s requirements, this is a test that you have to prepare for to be successful, and approaching it with the mindset that the average score is higher neglects the fact that about 20% of takers (almost 12,000!) fail to achieve a score of 75. Don’t be part of that group, and make sure you take this test seriously.

The majority of future examinees at this point, having reviewed the respective score required by their state, will then ask how to achieve that score. This is tough to state accurately because the NCBE equates the scores, so there is no hard and fast answer. However, you can approximate that a required score of 75 requires about 56% correct and an 85 requires about 60% correct. Remember, however, this is a statistical proximation and SHOULD NOT be the metric that you shoot for generally. Like the bar exam, the MPRE is somewhat a test of minimum competence in terms of scoring, but why risk failing by aiming low? My advice is always to put the time in to achieve the best score that you are capable of and EXCEED the minimum requirement, as opposed to aiming low and potentially falling short. Put the time in!

Remember to check out Part 2, where we will breakdown the different areas of professional responsibility that are tested on the exam. As I stated previously, this will help you focus your studies and maximize your time as you pursue attaining a passing score on the MPRE.

You, Me, and the MPRE – Introduction

Introduction

One of the hurdles that the vast majority of law students will face on their journeys to becoming licensed attorneys here at Atlanta’s John Marshall Law School (‘AJMLS’) is the Multistate Professional Responsibility Exam (the ‘MPRE’). In fact, unless you are intending to practice in the jurisdictions of Wisconsin or Puerto Rico, every other jurisdiction has a MPRE requirement (although it should be noted that both New Jersey and Connecticut allow law students to bypass this requirement via the successful completion of a professional ethics course in law school). However, despite the fact that almost every future lawyer will have to take this exam, it is often one of the most often overlooked and underprepared for tests that students will face. This can lead to students failing an exam that is perhaps the most straightforward and easy to prepare for exams that they will take. This failure often doesn’t serve as a long-term barrier to becoming a lawyer, but it does cause delays, anxiety, and results in costs both in dollars and time that can easily be avoided.

Given that we are a few weeks out from the October administrations of the MPRE, most students find themselves with one of three mindsets. Some students will find themselves wondering how much they need to study (if at all), and whether or not their professional responsibility class in law school or their own personal morals and ethics will be enough to carry them through. Others will have committed to a solid few days of study, likely utilizing a free MPRE course provided by a commercial vendor (recommended to use), and will just hope for the best studying when they can. Lastly, some students are full of anxiety about the MPRE and fear that no matter what they do, success may elude them on exam day.

Regardless of which mindset you have, the good news is that this series will ensure that you are on the correct path to success on the MPRE. After this introductory post, later in Part 1, we will review what the MPRE is and what score is required for your jurisdiction (here we will focus on Georgia, which is where AJMLS is located, and where the majority of our students take the bar exam). Next, in Part 2, we will breakdown the different areas of professional responsibility that are tested on the exam, in order to help you understand where to spend the majority of your study time. Then, in Part 3, we will discuss resources for your MPRE preparation, including free MPRE courses (Disclaimer: I have a favorite, but there are several nice options). Finally, in Part 4, we will review an appropriate timeline and review strategies for your studies (although individuals vary a great deal, so you may have to adjust your timeline according to your own progress).

The MPRE can be a hurdle, but the reality is that it should not be much of one. By preparing correctly, allocating adequate time for preparation, and engaging in the appropriate practice and review, this test will be one and done for you (unless you need your score later – in most jurisdictions, your MPRE score will expire after a certain amount of time). Put your time in before the test and ensure you are successful the first time you take this exam.