It is no secret that becoming a lawyer is no easy feat. But many pre-law students often romanticize the life of a lawyer. They envision arguing cases, helping their clients receive justice for wrongs done to them, and having a dispensable income someday. Their first day of law school usually disrupts this romantic idea, and the reality of the work and expectations sets in.
What most students do not know prior to law school is the number of hoops they will have to jump through to make it to the starting line of their career. In addition to taking the LSAT and getting into law school, law students will have to also maintain a minimum GPA to graduate and prepare for – and pass – both the bar exam and the Multistate Professional Responsibility Exam – or MPRE for short.
If a student is accused of misconduct before, during, or after the MPRE, it can have a disastrous effect on their bar admission and future career opportunities. As such, working with an academic attorney-advisor is the best way to ensure you do not suffer from any unnecessary consequences. Call Attorney Joseph D. Lento today for help.
What Is the MPRE?
The Multistate Professional Responsibility Exam was developed in 1980 to measure how much an individual knows about the lawyer's professional code of conduct.
Since then, it has become a requirement to be admitted to the state bar in 49 states, as well as several U.S. jurisdictions, including Guam, the U.S. Virgin Islands, and Washington D.C. Wisconsin and Puerto Rico, are the only places that do not require the MPRE for bar admission. Additionally, in Connecticut and New Jersey, the MPRE is waived for bar candidates who took a professional ethics course in law school and received a C or C-, respectively.
The MPRE is a deceptively nuanced exam where there are multiple correct answers per question, and you are tasked with finding the best right answer. This is easier said than done, and most students enroll in MPRE preparation courses – whether at their law school or online. Luckily, these courses are usually free.
Structure of the MPRE
The MPRE is a 60-question, multiple-choice exam. Test-takers have 120 minutes to complete the exam by picking the best answers from four possible answers. Their scores are based on the number of questions they answer correctly, and points are not subtracted for incorrect answers.
Every state has a particular threshold the test-taker must meet to have “passed” the exam. For example, in Georgia and Washington D.C., the required score for bar admission (with a passing bar exam score) is 75%, but in New York and Texas, it's 85%. Oh, and of the 60 questions asked, only 50 are actually graded. The other ten questions are experimental – though test-takers are unaware which questions are not being counted.
Additionally, the exam is curved and scaled. So, no one can be penalized, or rewarded, for taking a more or less difficult version of the exam. The exact formula that NCBE uses is unknown, but the highest score a test-taker can get is 150 and the lowest is 50. Most test-takers fall within the 100 range.
The MPRE is administered three times a year: March, August, and November, allowing students ample opportunities to pass if they are unsuccessful their first time around. And, unlike the bar exam, which is a state-specific exam, the MPRE is not testing any state-specific knowledge, so the scores can be applied to any state bar if they meet that state's particular threshold.
Topics Covered on the MPRE
The MPRE tests the American Bar Association's professional responsibility conduct rules. The topics that tend to appear on the exam are as follows:
- Conflicts of interest
- Client-lawyer relationships
- Litigation
- Client confidentiality
- Competence and liability
- Communications about legal services
- Different roles that lawyers can play
- Conduct of judges
- Speaking to clients
- Where to safe keep funds and property
- General duties lawyers have to the public and the legal system
Misconduct on MPRE Applications
Misconduct accusations during the application process for the MPRE can seriously affect your ability to pursue a legal career. The MPRE is testing professional responsibility and conduct rules, thus, being accused of misconduct or irregularities on your application would directly contradict the very basis of the exam.
The National Conference of Bar Examiners, who administer the MPRE, have specifically outlined conduct that is prohibited before, during, and after the MPRE, including the application process. For instance, test-takers may not register for the MPRE under a false name or identity or neglect to provide relevant information on their application that could be misleading – even if the omission was accidental.
If a student is notified of an irregularity on their application or accused of misconduct, a number of things could happen, including being barred from taking the test on that particular date or being prohibited from sitting for it in the future. Additionally, if application misconduct accusations are not addressed quickly, it could result in harsher penalties – like criminal or civil liability.
Once you become aware of an issue with your application, you must reach out to an academic attorney-advisor for help. Academic attorney-advisors will be able to reach out to the NCBE and discuss the issue on your behalf, ensuring the best possible outcome.
Misconduct During the MPRE
While some accusations of misconduct might come from having irregularities on your applications, the majority occur because of issues that crop up during the exam itself.
According to the NCBE, test-takers are prohibited from the following:
- Taking a test for someone else.
- Bringing personal items into the testing room without permission.
- Retrieving stored personal items or leaving the building during the test.
- Threatening the exam proctor.
- Getting access to the exam content prior to test day.
- Taking the test content from the testing room.
- Copying someone else's answers.
- Sharing your answers with another test-taker on exam day.
- Disclosing exam questions or topics after the exam.
- Reproducing or paraphrasing content from the exam from memory.
- Sending someone else exam content that someone else gave you.
- Wearing smart watches.
- Having any kind personal computing device in the examination room.
- Having a cell phone in the testing room.
- Having a recording device on your person.
- Bringing a timer into the room unless it is a simple digital watch.
- Anything that could be used as a weapon.
- Leaving the testing room without permission while the test is being administered.
- Accessing parts of the testing center without permission.
If they discover that a test-taker has engaged in such conduct, whether they discover it before the test, during the test, or after it has been administered, the test-taker will be punished. Punishments can include anything like:
- Score cancellations.
- Criminal penalties
- Civil liability
- Immediate dismissal from the testing center and revocation of test answers.
- Denial of the test-takers ability to retake the exam in the future.
- Disciplinary action by a bar authority if the misconduct is discovered after the test-taker has been admitted to a state bar.
Further, test-takers can be punished for disruptive behavior that:
- Causes the test to be canceled or interrupted.
- Causes a deviation from the standard testing procedures.
- Indicates that the test-taker had advanced access to the exam's content.
- Shows unusual similarities in answers between test-takers.
- Disrupts or compromises the normal testing procedures or the legitimacy of the results.
There are instances where baseless accusations impact a test-takers ability to find justice for their punishment. That is, sometimes, students are falsely accused of misconduct, and other times their “misconduct” is essentially harmless and would not be punished under other circumstances.
For instance, a test-taker who uses the bathroom mid-test and then gets a sip of water from their water bottle, which is in their backpack on the floor, will be punished similarly to someone who attempts to copy the answers of the person next to them. In other instances, the exam administrators may also take instances of simple discrepancies on an exam as a sign of attempted academic dishonesty.
Further, disabled students are required to apply for accommodations well in advance of the test date. Then they are told whether those accommodations are accepted or not.
What happens when a test-takers who underwent a colostomy is denied access to water during an exam? Individuals who have undergone colostomy surgery have the hard part of their colon removed and the remainder attached to the outside of their body. They are prone to dehydration and generally must always carry ample water around with them – including during exams. Without access to water, they may suffer extreme dehydration during the two-hour exam and find it hard to concentrate.
The lack of accommodations will directly affect their performance on the exam. If they decide to get a sip of water during the exam, they should not be punished as if they were actively cheating and have their scores canceled.
Working with an academic attorney-advisor will ensure that exam administrators do not unnecessarily punish test-takers for simple mistakes or attempts to protect their health. Attorney Lento will reach out to the NCBE and negotiate on your behalf.
What Happens After MPRE-Related Misconduct?
If you are notified of an accusation of misconduct on the MPRE, the NCBE will reach out in a formal letter. The letter will include information about options the test-taker has and stipulates specific actions they intend to employ against them.
Additionally, the notice will also list ways for the test-taker to appeal the NCBE's decision. An appeal will include an internal review by the NCBE to ensure the accusation is accurate. If they determine, during that more in-depth review, that there was no misconduct, they will discuss several different options, including a refund, a retest, or reinstatement of your MPRE score. The resolution will depend on the kind of conduct that was accused and what the initial result was once the misconduct was alleged.
Other Issues That Might Affect Your MPRE
In addition to the misconduct examples described above, there are other issues that could affect your Multistate Professional Responsibility Exam, such as:
- Missing deadlines for applying for the exam.
- Missing deadlines to apply for a fee waiver for the exam.
- Failing to fulfill any perquisites to taking the MPRE in the state you hope to be admitted to the bar.
- Failing the MPRE and being forced to retake it just after the July or February bar exams.
Many schools use simple mistakes, like misspelling your name on the exam answer sheet or getting a snack from your bag mid-exam, to put forth accusations of misconduct. Whatever the issue, Attorney Lento can help.
How An Academic Attorney-Advisor Can Help
Preparing for the MPRE can be a daunting experience, especially if you are taking law school classes at the same time. But it is a necessary requirement to be admitted to a state bar and begin your career as an attorney. If you are accused of misconduct on any aspect of the MPRE, including the application, and your scores are invalidated, it will be difficult to have this situation rectified on your own.
Attorney Joseph D. Lento understands the importance of the MPRE and the ramifications of being accused of violating the policies surrounding it. Additionally, he has spent years of his career helping law students and test-takers navigate the complexities of misconduct accusations by gathering relevant evidence and witnesses to build a strong defense on their behalf.
Some students choose to defend themselves from these allegations on their own. Unfortunately, they tend to find their efforts unsuccessful. As an attorney himself, academic attorney-advisor Lento is uniquely qualified to help. Call 888-535-3686 today or schedule a consultation online to learn what Attorney Lento and the Lento Law Firm can do for you.
