Law school is a long, sometimes grueling process. You work hard and often study to be able to pass your courses, but all that work means nothing if you can't pass the bar exam. Without being admitted to your state's bar association, you can't practice law. You can't pursue the career you've been working toward for the last several years of your life.
Even if you get a high score on your bar exam, the studying you did and the years of law school you completed may be in jeopardy if someone accuses you of misconduct while taking the Multistate Bar Examination (MBE). If you are found guilty of misconduct, your scores could be canceled, and you may be unable to sit for the MBE again. You may even face civil liability for violating copyright law.
You can't put your legal career at risk like that, and at the Lento Law Firm, we agree. Take steps to prevent allegations of misconduct and consider working with an education lawyer if you do get accused.
What Is the MBE?
The MBE is a standardized, 200-question test that is administered as part of the bar exam, which law students must pass before they can begin practicing law in their state. The MBE questions cover:
- Constitutional Law
- Contracts
- Criminal Law
- Evidence
- Real Property
- Torts
The National Conference of Bar Examiners (NCBE) creates and administers the exam to jurisdictions across the country. The bar exam differs slightly by state, but the most common format is a two-day exam, with one full day devoted to the MBE. The second day is usually for essay questions covering a wide range of subjects.
The weight given to the MBE when factoring the overall score also differs by jurisdiction. Some states administer the Uniform Bar Examination (UBE), a test that is transferable between all jurisdictions that use it. States that use the UBE make the MBE count for 50% of the overall score.
The MBE is only offered as part of bar examinations on the last Wednesday of February and the last Wednesday of July each year. Every state and territory in the U.S. administers the MBE as part of their bar exams, except for Louisiana and Puerto Rico.
How Is the MBE Scored?
The NCBE calculates scores on the MBE on a scale from about 40 to 200. Higher scores indicate better performance on the exam. The scale for MBE scores is adjusted each year using a statistical process that accounts for differences in difficulty compared to previous years. The NCBE doesn't communicate to examinees what their score is unless authorized by the jurisdiction, and only after announcing overall bar exam results.
MBE Misconduct
As a law student about to become a lawyer, the highest degree of honor and respectability is expected of you. If your behavior during the MBE or any part of the bar exam does not appear to reflect the integrity and values of the legal profession, your state bar association or the NCBE could take action. They could cancel your scores and force you to retake the test or, worse—prevent you from becoming a lawyer at all.
Reading, understanding, and following the rules is a big part of being an attorney, and so you are expected to know and apply the rules when taking the MBE. It's also worth noting that the NCBE or state bar association can still take action after the exam has ended and you've been admitted as a practicing lawyer. If you disseminate information about the MBE to others, for example, you could risk having your scores canceled and other disciplinary action by your state bar association.
The NCBE encourages examinees to read through the prohibited items and behavior for the MBE because the defense that you “didn't know” you were committing a violation is not enough to spare you from a penalty. Knowing what these rules are is part of taking and successfully completing the MBE.
The NCBE has strict policies about conduct and prohibited items for those taking the MBE. Exam-takers should receive information about what is allowed and what isn't prior to showing up for the exam.
Examples of prohibited items include:
- Any electronic devices, such as cell phones, digital watches, media players, language translators, or e-cigarettes
- Firearms or weapons
- Written materials or scratch paper
- Mechanical pencils, pens, or erasers
- Briefcases, handbags, or backpacks
- Non-electric watches
- Hats or hoods worn on the head (with an exception for religious apparel)
If you're found with any prohibited items during the test, you can be dismissed and have your scores canceled.
Behaviors that the NCBE prohibits for the MBE include:
- Disclosure of exam content
- Cheating on a test
- Bringing unauthorized materials or devices into the testing room
- Taking any test materials out of the testing room
- Causing a disruption or disturbance during the test
- Copying answers from or sharing answers with another examinee
- Continuing to work on the test after a supervisor has instructed examinees to stop writing
- Sharing the substance or details of any test question, in whole or in part, with anyone
- Reproducing, paraphrasing, summarizing or describing to any other person any test content from memory
- Forwarding, re-posting, or otherwise advancing the distribution of exam content that others have disclosed
Examinees should also note that local jurisdictions may add prohibited items and behavior for the MBE that must be followed in addition to the NCBE's rules. When you take the test, you will also have to sign an agreement stating that you have read, understand, and agree not to disclose test content without authorization.
The Penalties for MBE Misconduct
Examinees who have prohibited items with them during the test will be dismissed and have the results canceled. Disclosing exam content or engaging in any of the prohibited content listed above before, during, or after the MBE could lead to one or more of the following penalties:
- Civil liability
- Criminal penalties
- Cancellation of test scores
- Denial of application to sit for future exams
- Denial of bar application on character and fitness grounds
- Disciplinary intervention by a bar authority (if the examinee is already admitted to practice law)
Depending on the severity of your misconduct allegations, you could face more than having your scores canceled or being prevented from sitting for the exam again. You could have a copyright lawsuit on your hands. As soon as you learn that you are under investigation for MBE misconduct, you should contact a specialized attorney-advisor. They can let you know what your options are and provide guidance on how to proceed.
Online MBE and Misconduct
In 2020, many states administered their first-ever online bar exams in response to the COVID-19 pandemic. Like many higher education institutions that also started moving exams online, there was a huge increase in the number of suspected cheaters on the bar exam that year. In California, 3,190 applicants were initially flagged for possible cheating on the October 2020 bar exam due to glitches with facial recognition software and other technology. Ultimately, 90 percent of those suspected cheaters were cleared and faced no further scrutiny or repercussions. The mark of a cheating accusation stays, however, even if the examinee is eventually exonerated.
If you're taking an online MBE, the chances of being accused of cheating are even higher due to heightened security measures and technology that may malfunction. Consider contacting an education attorney if you get accused of cheating on an online MBE.
What Happens If You Are Accused of MBE Misconduct?
If you are suspected of cheating on your MBE, there will most likely be an investigation. This process differs by state, as it's the state bar association that ultimately decides if cheating occurred and whether to admit the applicant to the bar. The NCBE also has a process for detecting cheaters, but it is only triggered by request from officials who administered the MBE.
Exam Proctors Can Report Suspicious Behavior
If an exam proctor suspects an examinee of cheating, they must fill out an MBE Irregularity Report and submit it to the NCBE. Suspicious test-taking behavior, according to the NCBE is:
- Looking off into the distance
- Repeatedly looking at another examinee
- Looking around the room or at the proctors
- Fidgeting often
- Covering or hiding one's eyes
- Lifting exam materials off the workspace to hold them parallel to one's body
- Flipping pages back and forth in the exam booklet
- Using one's hands or body as a signal to communicate non-verbally with other examinees
- Repeated excuses for leaving one's seat, such as frequent requests to use the bathroom
- Stretching
Based on the list of behaviors above, you can see that it doesn't take much to arouse suspicion while taking the MBE. If you pause for a few moments and look up from your test to gather your thoughts, or if you fidget a lot because you're nervous about taking such an important test, it could be misconstrued as cheating. Furthermore, the NCBE advises proctors not to alert examinees of their suspicious behavior during the test unless the security of the test is at stake. You won't even know you are under suspicion until the test is over.
The NCBE uses statistical analysis to determine if an examinee cheated or not. Jurisdictions can request that the NCBE analyze an examinee's answers if they suspect cheating. Once they have the results, the jurisdiction can launch a full investigation if it seems likely that the examinee cheated.
Investigation by the State Bar
Although the process for investigating cheating on the MBE and bar exam differs slightly in each state, you can generally expect the following from an investigation:
- Notice of charges
- Applicant's response
- Hearing
- Disciplinary action
Notice of Charges
If you are accused of cheating, you will receive notification by email or mail that you are charged with engaging in fraud, dishonesty, or other misconduct related to the MBE. The notice should contain facts the charge is based on and will request you to submit a response, usually within 30 days. At this time, the test scores are withheld.
Applicant's Response
When you send your response, you should include the following:
- Charges you dispute
- Evidence you can provide to contradict the charges
- Whether you want a hearing
It's crucial that you send a response to the initial notification as soon as possible because if you don't, the Board of Examiners for your state bar association may consider the allegations as true.
Hearing
If you request a hearing, you should get plenty of advance notice to prepare. You may or may not be allowed to have an advisor with you during the hearing, but you should still work with one to prepare for the hearing anyway. Once the hearing is over, the Board renders a decision.
Disciplinary Action
If you are found guilty of the charges, the Board will take disciplinary action, which could include nullifying the MBE, disqualification from taking the MBE again, sending a report to the character and fitness committee, and several other penalties. If you are found not guilty, the charges get dismissed.
Joseph D. Lento Can Help You Defend MBE Misconduct Accusations
Taking the MBE already puts a huge amount of pressure on you; you don't want to have to deal with allegations of misconduct as well. An education advisor who specializes in defending students from exam misconduct allegations can advise you on what to do and help ensure your future legal career.
Joseph D. Lento has helped countless students and professionals across the country with allegations of exam-related misconduct. He understands the pressure you're feeling and has the experience you need to defend yourself. Contact the Lento Law Firm Team by calling 888-535-3686.
