2002 information booklet - americanlawreview.com · 2 special notes the multistate professional...
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2002Information
Booklet
Saturday, March 9, 2002Friday, August 9, 2002
Friday, November 8, 2002
NATIONAL CONFERENCE OF BAR EXAMINERS
Keep This Bookletfor ReferenceFor the following information, please write to theaddresses shown below, or telephone between 8:30 A.M. and 4:30 P.M. Central Time, Monday throughFriday.
Application and Administration
National Conference of Bar ExaminersMPRE Application Department2255 North Dubuque RoadP.O. Box 4001Iowa City, IA 52243-4001Phone 319/341-2500*www.ncbex.org or www.act.org/mpre
Questions Concerning MPRE Scores
Include Social Security number, birth date, test date,and signature.
National Conference of Bar ExaminersMPRE Application DepartmentP.O. Box 451Iowa City, IA 52243-0451Phone 319/337-1304*
Other Correspondence and Inquiries
National Conference of Bar ExaminersP.O. Box 168Iowa City, IA 52243-0168
*TDD for persons with hearing impairments:319/337-1701 (must call from a TDD)
NOTE: The information in this booklet is believed tobe correct at the time of publication. Since rules andpolicies of jurisdictions change, applicants are advisedto consult the jurisdiction directly for the most currentinformation.
© 2001 by the National Conference of Bar ExaminersAll rights reserved.
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Table of ContentsSpecial Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
General Information . . . . . . . . . . . . . . . . . . . . . . . 3
Test Dates, Times, and Application Deadlines . . . . . . . . . . . . . . . . . . . . . 4
Application Guidelines and Procedures . . . . . . 4General Application Guidelines . . . . . . . . . . . . . 5
Examination Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 6Partial Refund of Examination Fee. . . . . . . . . . . 7
Reapplying to Take the Examination . . . . . . . . . 8
The Application Process . . . . . . . . . . . . . . . . . . . 8
Application Instructions. . . . . . . . . . . . . . . . . . . . 9Online Registration . . . . . . . . . . . . . . . . . . . . . . . 9Application Form . . . . . . . . . . . . . . . . . . . . . . . . . 9Mailing Your Application Materials . . . . . . . . . . 13Test Center Admission Ticket/
Identification . . . . . . . . . . . . . . . . . . . . . . . . . 14Test Center Codes for 2002 . . . . . . . . . . . . . . . 15
Test Center Information . . . . . . . . . . . . . . . . . . . 20Selecting a Test Center. . . . . . . . . . . . . . . . . . . 20Change of Test Center . . . . . . . . . . . . . . . . . . . 20Time of Examination . . . . . . . . . . . . . . . . . . . . . 20Testing of Applicants with Disabilities . . . . . . . 21Admission and Identification . . . . . . . . . . . . . . . 25Test Center Regulations . . . . . . . . . . . . . . . . . . 25Test Center Review. . . . . . . . . . . . . . . . . . . . . . 27
Score Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Additional Score Report Requests . . . . . . . . . . 29Requests for Rechecking
of Answer Sheets . . . . . . . . . . . . . . . . . . . . . 29
Description of the Examination . . . . . . . . . . . . 30MPRE Subject Matter Outline. . . . . . . . . . . . . . 33
Preparing for the MPRE . . . . . . . . . . . . . . . . . . . 35
Sample Examination Questions . . . . . . . . . . . . 36
MPRE Sample Answer Sheet . . . . . . . . . . . . . . 58
MPRE Sample Questions Order Form . . . . . . . 59
Guidelines for Taking the Examination . . . . . . 61
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Special NotesThe Multistate Professional ResponsibilityExamination (MPRE) is required for admission to thebars of the following jurisdictions. Passing scores,which are established by each jurisdiction, follow inparentheses.
For those applicants applying on or before the regu-lar receipt deadline, the fee for the Multistate Pro-fessional Responsibility Examination is $50.00. Forthose applying after the regular receipt deadline, thefee is $100.00 (see page 4). Checks should be madepayable to the National Conference of Bar Examiners.Application materials with insufficient or incorrect pay-ment will be returned unprocessed. Corrected appli-cation materials that are resubmitted must stillmeet the published application deadline for thetest date requested. Absolutely no applicationswill be accepted after the late receipt deadline.
Applicants may register for the MPRE by mail, oronline at www.ncbex.org or www.act.org/mpre.
Alabama (75)Alaska (80)Arizona (85)Arkansas (85)California (79)Colorado (85)Connecticut (80)Delaware (85)District of
Columbia (75)Florida (80)Georgia (75)Guam (80)Hawaii (85)Idaho (85)Illinois (80)Indiana (80)Iowa (80)Kansas (76)Kentucky (75)Louisiana (80)Maine (75)Massachusetts (85)Michigan (75)Minnesota (85)Mississippi (75)Missouri (80)
Montana (80)Nebraska (85)Nevada (85)New Hampshire (79)New Jersey (75)New Mexico (75)New York (85)North Carolina (80)North Dakota (80)Northern Mariana Islands (75)Ohio (85)Oklahoma (75)Oregon (85)Palau (75)Pennsylvania (75)Rhode Island (80)South Carolina (77)South Dakota (75)Tennessee (75)Texas (85)Utah (80)Vermont (80)Virginia (85)Virgin Islands (75)West Virginia (75)Wyoming (75)
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General InformationThe Multistate Professional ResponsibilityExamination (MPRE) is assembled and administeredby ACT™ on behalf of the National Conference of BarExaminers (NCBE) as partial fulfillment of the require-ments for application for admission to practice law injurisdictions that require the MPRE. The examinationis administered three times per year at establishedtest centers across the country.
NCBE adopted new test specifications for the MPREbeginning with the March 1999 administration. TheMPRE is based on the law governing the conduct oflawyers, including the disciplinary rules of professionalconduct currently articulated in the ABA Model Rulesof Professional Conduct, the ABA Model Code ofJudicial Conduct, as well as controlling constitutionaldecisions and generally accepted principles estab-lished in leading federal and state cases and in pro-cedural and evidentiary rules. A description of thecontent of the examination, sample questions, andguidelines for taking the examination are provided onpages 30–61 of this booklet.
Since the MPRE requirements vary from one juris-diction to another, check with the board of barexaminers in each jurisdiction to which you intendto apply before completing the enclosed materi-als. Examination results will be sent to you and to onejurisdiction of your choice and will be kept on file inIowa City, Iowa. For information about reports to addi-tional jurisdictions, see page 29.
Test construction and administrative services for theMPRE are provided by ACT; 2255 North DubuqueRoad; P.O. Box 4001; Iowa City, IA 52243-4001.
ACT and NCBE take steps that are intended to ensurethat application and answer documents are properlyhandled, processed, and scored. In the unlikely eventthat a mistake occurs in handling, processing, or scor-ing these documents or in reporting scores, ACT andNCBE will correct the error if possible or permit theexaminee either to retest at no additional fee or toreceive a refund of his/her examination fee.
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Test Dates,Times, andApplication DeadlinesThe examination schedule is shown below.
Regular Application Late ApplicationTest Date Receipt Deadline Receipt Deadline
March 9, 2002* January 29, 2002 February 14, 2002August 9, 2002 July 2, 2002 July 18, 2002November 8, 2002 October 1, 2002 October 17, 2002
The Multistate Professional ResponsibilityExamination is two hours and five minutes in length.Applicants for the March exam must report to theirassigned test center no later than 9:00 A.M., and forthe August and November exams by 12:30 P.M.
*The March test date is on Saturday morning. Anapplicant whose religious beliefs preclude him or herfrom taking the examination on Saturday, March 9,may apply to take the MPRE on Monday afternoon,March 11, 2002. Requests to take the exam onMonday must be in writing and must include a letterfrom the applicant’s cleric confirming the applicant’saffiliation with a recognized religious entity thatobserves its Sabbath throughout the year onSaturday. The request should also include the cityand state in which the applicant would like to take theexam. Requests for the Monday exam must be sentwith the completed Application Form, using the pread-dressed envelope in the application packet; onlineregistration is not available for the Monday MPRE.The applicant will be notified whether or not therequest is granted.
Application Guidelinesand Procedures1. The application receipt deadlines for each test date
are shown above. Application materials receivedon or before the regular application date must beaccompanied by payment of $50.00. Do not sendcash. Materials received after this date will bereturned unless accompanied by a late applica-tion fee (see page 5).
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2. Applicants may apply for the MPRE after the reg-ular receipt deadline but before the late applica-tion receipt deadline by submitting the requiredmaterials with payment of $100.00.
3. Materials must be received in the MPREApplication Department in Iowa City by 4:30 P.M.Central Time on the published deadline date (seepage 4). Online applications must be successfullysubmitted by the published deadline.
4. Test center choices for applicants cannot be guar-anteed. Applicants are advised to submit materi-als early, as many test centers become full. Lateapplicants are advised that extensive travel (i.e.,to another city or perhaps to another state) maybe required.
5. Fees for online applications will be calculated auto-matically and must be paid by MasterCard or VISA.
6. Absolutely no applications will be accepted afterthe late application receipt deadline.
7. There is no provision for makeup testing. Appli-cants who are unable to take the examination forwhich they have applied must reapply to take alater examination.
General Application Guidelines
1. Since the possibility exists that application mate-rials may be lost in the mail, it is advisable to mailapplication packets well in advance of the dead-line. This will allow time to check on the status ofyour application prior to the deadline and to resolveany problems, if necessary. NCBE cannot beresponsible for materials lost in the mail.
2. Hand-carried application materials must arrive atthe MPRE Application Department in Iowa Cityby the published deadline or they will not beaccepted. This includes materials delivered byprivate (non-U.S. Postal Service) courier.
Materials sent by courier (overnight carrier, etc.)should be sent to:
MPRE Application DepartmentACT Tyler Building2255 North Dubuque RoadIowa City, IA 52243Phone: 319/341-2500
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3. You may wish to receive acknowledgment of receiptof your application materials by NCBE. For paperregistration, send a self-addressed, stamped post-card with your application materials. The card willbe returned to you when your materials areprocessed. Online applicants who successfully sub-mit an application receive a confirmation screen toprint. Those applicants who enter a valid E-mailaddress will also receive an electronic confirma-tion. All application materials (except thosereceived more than six weeks in advance of thedeadline) will be acknowledged within three weeksafter they are received by the MPRE ApplicationDepartment. To ensure receipt of late applicationmaterials by the late-receipt deadline, you may wishto send materials by a traceable courier service.
4. If you encounter problems during the applicationprocess (e.g., with application request, lost Admis-sion Ticket, incorrect test center, difficulty with theonline registration system), it is your responsibilityto contact the MPRE Application Department at theaddress or telephone number shown below.
National Conference of Bar ExaminersMPRE Application Department2255 North Dubuque RoadP.O. Box 4001Iowa City, IA 52243-4001Phone: 319/341-2500
5. If you will require testing accommodationsbecause of a disability, see instructions onpages 21–25.
Examination FeeFor applications that are mailed, all fees must be paidin the form of a personal or business check,cashier’s check, money order, or certified check,payable in U.S. dollars and drawn on a bank in theUnited States. Checks should be made payable tothe National Conference of Bar Examiners. Cash willnot be accepted. Online registrations must be paidwith a credit card (MasterCard or VISA). Applicationmaterials that include insufficient or improper pay-ment will not be processed.
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For applications received on or before the regularreceipt deadline, the fee for the MPRE is $50.00. Forthose who apply after the regular receipt deadline butbefore the late application receipt deadline, the feeis $100.00. Fees for online registration will be calcu-lated automatically, based on the date of submission.This fee entitles you to receive a copy of your scoresand to have a copy sent to the board of bar examin-ers of the jurisdiction you indicate on your answersheet on test day. A copy of your scores will also bekept on file in Iowa City, Iowa. A $25.00 fee will beassessed for checks or credit card payments returnedbecause of insufficient funds or stop-payments.Scores for the current administration or any futureMPRE examination will not be released until all feesare paid in full.
Partial Refund of Examination Fee
If you cannot or choose not to test after submittingapplication materials, you may request a $10.00refund by writing to:
National Conference of Bar ExaminersMPRE Application Department2255 North Dubuque RoadP.O. Box 4001Iowa City, IA 52243-4001
Enclose your test center Admission Ticket with yourrequest.
Written requests for refunds must be received within30 days after the original test date and must includethe test center Admission Ticket, or the request willnot be honored. The maximum refund is $10.00 forall applicants, including late applicants, even if arequest is made before the test date for which anapplicant initially applied. Refunds are not issued untilafter the test date.
Fees received from applicants who do not take theexamination for which they registered, and who donot request a refund within the specified period willnot be refunded, nor will applicants be entitled to testat a later date without submitting new applicationmaterials and the full testing fee. Applicants may notrequest rescheduling for a new test date without sub-mitting new application materials and the full fee.
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Reapplying to Take the ExaminationIf, for some reason, you are unable to take the exam-ination on the test date for which you are scheduled,or if you do not attain a passing score on the MPRE,you must reapply for another scheduled examination.To do so, you must complete a new Application Formand submit it along with the full fee.
The Application ProcessThe materials in the application packet will be used inapplying for and taking the Multistate ProfessionalResponsibility Examination. This packet includes:
1. Application Form—scanned (read) by machineand used to assign applicants to test centers ontheir requested test dates.
2. The 2002 MPRE Information Booklet (thisbooklet)—includes information essential toapplying for and taking the MPRE.
3. Preaddressed Envelope—used to return com-pleted application materials.
A completed application packet will include a com-pleted Application Form or successful submission ofie fuscaSeeters onpleted application maich yreceiv [(reao t a com-)Tj 0 -1.101 T-0.0021 T -0.02 0 TDpleted AppliDepartmionteriIowa Cons,iIowaheduled,Prion. If subis, do r(cation maipacket sion of)083 Tc -0.0001 1c -0.0(prr)19.compg fdo spacket wmailcompg Adful submTitionters on—uIdion fed ApplisecAppl,ate for whio, you m-ters onPrion dofdo rused torequestto testg scoreters onpleted application maiif you t will iion ne e a com-
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Application InstructionsTo apply for the NCBE Multistate ProfessionalResponsibility Examination, you must complete anapplication and submit it with the required fee.
Online Registration
Applicants may register at www.ncbex.org orwww.act.org/mpre. The information to be entered onthe online registration system is the same as the paperapplication (see below) with the following additions:
• credit card information• an E-mail address (optional)
Applicants must use MasterCard or VISA for pay-ment. Fees are calculated based on date of submis-sion of application. Applications will not be acceptedafter published deadlines.
Application Form
Your Application Form will be processed by an opticalscanner which will read and record the informationyou indicate by blackening ovals in the grid areas.Please follow closely these instructions for complet-ing the Application Form. Use a soft-lead pencil. Donot use a ballpoint pen. In each block, whererequired, clearly print the needed information in theboxes above the grid area. Then, in the column beloweach box containing a letter or number, blacken com-pletely the oval containing the same letter or number.Below each empty box, blacken the blank oval. Makeyour marks heavy and black. Avoid stray marks orsmudges. Erase incorrect marks completely. Studythe sample completed Application Form (Figures 1and 2) and follow carefully the specific instructionsfor completing each block.
Side 1 (see Figure 1)
BLOCK A—NAME AND MAILING ADDRESS—Printthe information requested. Be sure to fill in this block completely.
BLOCK B—NAME (Last Name, First Name, MiddleInitial)—Print your name in the boxes above the gridarea. Then, in the column below each box, blackeneither the oval containing the same letter as the boxor the blank oval below each empty box. You mustblacken either the oval containing the same let-ter as the box or the blank oval in every column.
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ABBREVIATIONSAvenue. . . . . . . . . . AVE Freeway . . . . . . . . FWY Santa, Santo . . . . . SNBoulevard . . . . . . BLVD Heights. . . . . . . . . . HTS School . . . . . . . . . SCHCanyon . . . . . . . . . CYN Highway . . . . . . . . HWY South. . . . . . . . . . . . . SCenter . . . . . . . . . . CTR Hospital. . . . . . . . HOSP Southeast . . . . . . . SECircle . . . . . . . . . . . . CIR Institute . . . . . . . . . INST Southwest. . . . . . . SWCity . . . . . . . . . . . . . . CY Mile . . . . . . . . . . . . . MLE Springs . . . . . . . SPGSCourt . . . . . . . . . . . . . CT Mountain . . . . . . . . MTN Square . . . . . . . . . . SQCrescent . . . . . . . CRES North . . . . . . . . . . . . . . N State, Street. . . . . . STDrive . . . . . . . . . . . . . DR Northeast . . . . . . . . . NE Terrace . . . . . . . . TEREast . . . . . . . . . . . . . . . E Northwest . . . . . . . . NW Turnpike . . . . . . TPKEEstates . . . . . . . . . . EST Parkway . . . . . . . . . PKY University. . . . . . UNIVExpressway . . . . EXPY Place . . . . . . . . . . . . . PL West . . . . . . . . . . . . . W
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IM-000000-001:321 Printed in U.S.A.
NAMENAME AND MAILING ADDRESS(Use a soft lead No. 2 pencil only.)
Last Name MI
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© 1997 by ACT, Inc. All rights reserved.
First Name
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CITY(Do not enter your state in this block.)
STATECODE
ZIPCODE
Tocompletethisblock,use theStateCode Listat thebottomof thispage.
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MARKING INSTRUCTIONS
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✗�Correct Mark Incorrect Mark
STATE CODE LIST (Use with block E above.)
Alabama 01Alaska 02Arizona 03Arkansas 04California 05Colorado 06Connecticut 07Delaware 08D.C. 09Florida 10Georgia 11Hawaii 12Idaho 13
Illinois 14Indiana 15Iowa 16Kansas 17Kentucky 18Louisiana 19Maine 20Maryland 21Mass. 22Michigan 23Minnesota 24Mississippi 25Missouri 26
Montana 27Nebraska 28Nevada 29New Hamp. 30New Jersey 31New Mexico 32New York 33N. Carolina 34North Dakota 35Ohio 36Oklahoma 37Oregon 38Pennsylvania 39
Rhode Island 40S. Carolina 41South Dakota 42Tennessee 43Texas 44Utah 45Vermont 46Virginia 47Washington 48West Virginia 49Wisconsin 50Wyoming 51
Guam 52
NorthernMarianaIslands 53
Puerto Rico 54
Virgin Islands 55
Palau 57
All Other 56
B
NCBE Multistate Professional Responsibility Examination—Application Form
Use a soft lead No. 2 pencil. Do not use ink or ball-pointpen.
Fill in the appropriate ovals completely.
First Name MI
State ZIP Code
•
I.C. 045 081 98B
B E N S O N N O R M A C
1 2 3 S P R I N G R O A D A P T 3 A V A L L E Y V I E W
6 0 1 7 4
1 4
Benson Norma C
123 Spring Road Apt. 3A
Valley View IL 60174
*A complete list of state codes appears on page 12.
11
BLOCK C—MAILING ADDRESS (House No.; Street,and Apt. No.; “PO Box” and No.; or “RR” and No.)—Beginning in the first box, print your mailing address,one letter or number per box. Leave one empty boxbetween the parts of your address. Abbreviate if nec-essary. Then, in the column below each box, blackeneither the oval containing the same letter or numberas the box, or the blank oval below each empty box.Score reports will be mailed to the address griddedon your answer sheet.
For your convenience, a list of common abbreviationsis printed on page 10. If you experience difficulty infilling out the Application Form because your addressis too long, refer to this list. Long street names andwords not in the list usually can be abbreviated byomitting the vowels (a, e, i, o, u) and using only oneof the double consonants, e.g., VLG for VILLAGE.
BLOCK D—CITY—Beginning in the first box, printthe name of the city where you now receive mail.Then, in the column below each box, blacken eitherthe oval containing the same letter as the box or theblank oval below each empty box.
BLOCK E—STATE CODE—In the State Code Keylist at the bottom of the form (see page 12), find the2-digit code for the state where you now receive mail.Copy it in the two boxes. Then blacken the appropri-ate oval in the column below each box.
BLOCK F—ZIP CODE—In the boxes, record the 5-digit ZIP code for the address where you nowreceive mail. Then blacken the appropriate ovals.Failure to blacken the correct ovals for your ZIP codewill delay delivery of your test center Admission Ticket.
Side 2 (See Figure 2)
BLOCK G—SOCIAL SECURITY NUMBER—Printyour social security number in the boxes above thegrid area. Then, in the column below each box,blacken the corresponding number.
BLOCKS H and I—TELEPHONE NUMBERS—Fill inyour home and work telephone numbers carefully.Then, in the column below each box, blacken the ovalcontaining the same number as in the box. This willenable the MPRE Application Department to reachyou more quickly if there are questions concerningyour application.
12
Figure 2
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DO YOUWRITE WITH
RIGHT OR LEFTHAND?
FOR OFFICEUSE ONLY
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TESTDATE
1st CHOICE TEST CENTER 2nd CHOICE TEST CENTER
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IG JH
MK
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1 1 7 9 John Marshall Law School
Chicago, Illinois
9 9 9 9 9 9 9 9 9 8 4 7 9 9 9 9 9 9 9 8 4 7 8 8 8 8 8 8 8
Alabama 01Alaska 02Arizona 03Arkansas 04California 05Colorado 06Connecticut 07Delaware 08D.C. 09Florida 10Georgia 11Hawaii 12Idaho 13Illinois 14Indiana 15Iowa 16Kansas 17Kentucky 18Louisiana 19Maine 20Maryland 21Mass. 22
Michigan 23Minnesota 24Mississippi 25Missouri 26Montana 27Nebraska 28Nevada 29New Hamp. 30New Jersey 31New Mexico 32New York 33N. Carolina 34North Dakota 35Ohio 36Oklahoma 37Oregon 38Pennsylvania 39Rhode Island 40S. Carolina 41South Dakota 42Tennessee 43Texas 44
Utah 45Vermont 46Virginia 47Washington 48West Virginia 49Wisconsin 50Wyoming 51
Guam 52
NorthernMarianaIslands 53
Puerto Rico 54
Virgin Islands 55
Palau 57
All Other 56
STATE CODE LIST (Use with Block E on page 10.)
13
BLOCK J—DO YOU WRITE WITH RIGHT OR LEFTHAND?—This information is needed to arrangeappropriate seating for you. Blacken the oval for your response.
BLOCK K—TEST DATE—Blacken the oval for thetest date on which you wish to take the examination;i.e., March, August, or November.
BLOCKS L and M—TEST CENTER NAMES, CITIES,AND CODES—Established test centers are listed inthis booklet on pages 15–19. Locate the name of thetest center where you wish to take the examinationand copy the name and city into Block L.
Copy that test center’s corresponding 4-digit codenumber into the boxes in Block L. Copy the numberexactly as it is listed. If the code for your test centerbegins with zero, enter the zero in the first column.Blacken the appropriate oval in the column beloweach box. If you have a second choice for a preferredtest center, enter the city, state, and 4-digit test cen-ter code into the appropriate spaces in Block M.Blocks L and M are the only places you will indicateyour test center codes. Be sure you have enteredthem correctly.
Mailing Your Application Materials
Fold your Application Form carefully the way it wasfolded when you received it. Mail the completed formtogether with the appropriate fee in the preaddressedenvelope provided. All application materials submit-ted incomplete or with an insufficient or improper pay-ment will be returned unprocessed.* (See page 6 forfee information.)
Applications will not be accepted after the late receiptdeadline.
* You may wish to confirm receipt of your application bysending a stamped, self-addressed postcard with your appli-cation (or by calling the MPRE Application Department).
14
Test Center Admission Ticket/Identification
You will receive your test center Admission Ticket withinthree weeks after your application packet is receivedby the MPRE Application Department or submittedonline (unless your application materials arereceived more than six weeks in advance of theapplication deadline). If you do not receive yourAdmission Ticket within this period of time, contact theMPRE Application Department at 319/341-2500.
When you receive your Admission Ticket, completethe identification section on the bottom portion accord-ing to the instructions provided on it. You must signthe ticket and attach a recent, passport-type photo-graph. Photocopies of photographs will not beaccepted.
You must present your completed Admission Ticketwith an additional current form of photo identificationbearing your signature on the day of the examinationin order to be admitted to the test center.
The first test center assignment occurs approximatelysix weeks before each test date. If you have notreceived your Admission Ticket within that time orwithin three weeks of application, it is your responsi-bility to call:
MPRE Application Department319/341-2500
Notice to applicants who wish to have their scoresreported to Florida: If you are a Florida Bar appli-cant, copy the applicant file number you have beenassigned by Florida on the bottom of your MPREAdmission Ticket. On test day you will be asked tocopy that number onto your answer sheet. Such num-bers are not needed in other jurisdictions.
15
MAR AUG NOV CODEALABAMA
X 0047 Birmingham, Jefferson State Community CollegeX 0056 Birmingham, Univ of Alabama at BirminghamX X X 0003 Montgomery, Faulkner UniversityX X 0052 Tuscaloosa, Univ of Alabama
ALASKAX X X 6998 Anchorage, First United Methodist ChurchX X X 6995 Fairbanks, University of Alaska FairbanksX X X 6993 Juneau, Alaska Bar-Department of LawX X X 6992 Ketchikan, Alaska Bar Association
ARIZONAX X X 0092 Phoenix, Grand Canyon UniversityX X 0094 Phoenix, Phoenix CollegeX 0088 Tempe, Arizona State UniversityX X X 0096 Tucson, University of Arizona
ARKANSASX X X 0144 Fayetteville, University of ArkansasX X 0136 Little Rock, Philander Smith CollegeX X X 0132 Little Rock, Univ of Arkansas at Little Rock
CALIFORNIAX X 0190 Clovis, San Joaquin College of Law
X X X 9711 Hayward, Hayward Centennial HallX X 9623 Lakewood, Centre at Sycamore Plaza
X 4500 Long Beach, Long Beach City CollegeX X X 9724 Los Angeles, California MartX X X 0320 Los Angeles, California State Univ-Los AngelesX 5000 Los Angeles, L A Urban League Training CenterX X X 9988 Los Angeles, Los Angeles Convention CenterX X X 0470 Los Angeles, University of Southern CaliforniaX X X 0400 Northridge, California St Univ-NorthridgeX X 0444 Oakland, Health Education CenterX X X 0158 Sacramento, American River CollegeX X X 0443 San Diego, Alliant International University
X X 9517 San Diego, Hanalei HotelX X 9581 San Diego, Holiday Inn-On The Bay
X 0398 San Diego, San Diego State UniversityX X 0491 San Francisco, Nob Hill Masonic Center
COLORADOX 0532 Boulder, University of Colorado at Boulder
X X X 0534 Denver, Univ of Denver College of LawX X X 0497 Littleton, Arapahoe Community College
X X 0507 Westminster, Front Range Community College
CONNECTICUTX 0563 Bridgeport, Housatonic Community Tech Coll
X X X 0602 Hamden, Quinnipiac College School of LawX X X 9976 Hartford, Rensselaer at HartfordX X 0576 West Haven, Univ of New Haven
DELAWAREX X X 9916 Wilmington, Widener Univ School of Law
DISTRICT OF COLUMBIAX X X 0648 Washington, American Univ-Wash Coll of LawX 0654 Washington, Catholic UniversityX 9918 Washington, Georgetown Univ Conf CenterX X X 0674 Washington, Howard University
X 9599 Washington, Washington Convention Center
Test Center Codes for 2002
National Conference of Bar ExaminersMultistate Professional Responsibility Examination
16
MAR AUG NOV CODEFLORIDA
X 9589 Clearwater, Harborview CenterX X X 0760 Coral Gables, Univ of Miami-Coral Gables
X 9560 Dania Beach, Hilton Fort Lauderdale AirportX X X 9535 Fort Lauderdale, Broward County Convention CenterX X X 0758 Gainesville, University of FloridaX X 0740 Jacksonville, Jacksonville UniversityX X X 4948 Saint Petersburg, Stetson Univ College of LawX X X 0734 Tallahassee, Florida State University
GEORGIAX 9536 Athens, Holiday Inn-Athens
X X 0872 Athens, University of GeorgiaX 0810 Atlanta, Emory University
X X 0826 Atlanta, Georgia State UniversityX X X 9526 Atlanta, Georgia World Congress CenterX X X 0838 Macon, Mercer University
X 0828 Milledgeville, Georgia College
HAWAIIX X 0902 Honolulu, Hawaii Imin International Center
X 9030 Honolulu, University of Hawaii at Manoa
IDAHOX 0917 Boise, Boise State University
X X 0927 Coeur D'Alene, Coeur D'Alene Inn Conference CtrX X 0928 Moscow, University of Idaho
ILLINOISX X 1144 Carbondale, Southern Illinois Univ CarbondaleX X X 1154 Champaign, Univ of Illinois-Urbana ChampaignX X X 0934 Chicago, City Colleges of Chicago
X X 1012 Chicago, DePaul University Conference CtrX 9553 Chicago, Holiday Inn City CentreX 1040 Chicago, Illinois Institute of TechnologyX X 1152 Chicago, Univ of Chicago
X X 1102 De Kalb, Northern Illinois UniversityX X X 1159 Sugar Grove, Waubonsee Community College
INDIANAX X X 1210 Bloomington, Indiana University at BloomingtonX X X 1214 Indianapolis, Indiana Purdue Univ IndianapolisX X X 1252 Notre Dame, Notre Dame Law School
X 1253 Valparaiso, Ivy Tech State CollegeX X X 1256 Valparaiso, Valparaiso University
IOWAX X X 1320 Ames, Iowa State UniversityX X X 1272 Ankeny, Des Moines Area Community College-AnkenyX X X 1294 Cedar Rapids, Coe CollegeX X X 1356 Iowa City, University of Iowa
KANSASX X X 1470 Lawrence, University of KansasX X X 1474 Topeka, Washburn University of TopekaX X X 1454 Wichita, Presidents College School Of Law
KENTUCKYX X X 1566 Highland Heights, Northern Kentucky UniversityX X X 9978 Lexington, Continental Inn of LexingtonX X X 1556 Louisville, University of Louisville
LOUISIANAX X 1590 Baton Rouge, Louisiana State UniversityX X 1577 New Orleans, Delgado Community CollegeX X X 1592 New Orleans, Loyola UniversityX X X 1591 New Orleans, Univ of New Orleans
MAINEX X 1644 Portland, University of Southern Maine
MARYLANDX X X 1746 College Park, University of Maryland
X X 9533 Gaithersburg, Gaithersburg HiltonX 1723 Rockville, Montgomery CollegeX X 9572 Rockville, Univ of Maryland System
17
MAR AUG NOV CODEMASSACHUSETTS
X X 9576 Boston, Executive Conf Ctr at BaysideX X X 9971 Boston, Tremont House HotelX X 1840 Cambridge, Harvard University Law SchoolX X X 1910 Salem, Salem State CollegeX X X 1930 Springfield, Western New England College
MICHIGANX X X 1977 Ann Arbor, Concordia CollegeX X X 2067 Ann Arbor, Washtenaw Community CollegeX X X 9715 Detroit, Univ Detroit Mercy-Outer DriveX X X 2060 Detroit, University of Detroit-MercyX X X 2032 East Lansing, Michigan State UniversityX X 9717 Lansing, Thomas M Cooley Law School
MINNESOTAX X X 2156 Minneapolis, Univ of MinnesotaX X 2103 Saint Paul, Ramada Inn and Conference Center
X 2102 Saint Paul, Univ of Saint ThomasX X X 2174 Saint Paul, William Mitchell College of Law
MISSISSIPPIX X X 2240 Holly Springs, Rust CollegeX 2245 Jackson, Belhaven College
X X 2178 Jackson, Robert E Lee Office Building
MISSOURIX X X 2382 Columbia, University of MissouriX X X 2380 Kansas City, Univ of Missouri at Kansas CityX X X 2352 Saint Louis, Saint Louis UniversityX X X 2383 Saint Louis, Univ of Missouri-Saint LouisX X X 2386 Saint Louis, Washington University
MONTANAX X X 2422 Missoula, University of Montana
NEBRASKAX X X 4787 Lincoln, Southeast Community College
X 2444 Omaha, Creighton UniversityX 9558 Omaha, Omaha Marriott
X 2464 Omaha, University of Nebraska at Omaha
NEVADAX X 9557 Las Vegas, Las Vegas Conf Suites and Service
X 2496 Las Vegas, University of Nevada at Las Vegas
NEW JERSEYX X X 2598 Camden, Rutgers-Camden Law SchoolX X X 9545 Newark, Holiday Inn North Newark Airport
X 2568 Trenton, Mercer County Community College
NEW MEXICOX X X 2650 Albuquerque, University of New Mexico
NEW YORKX X X 2926 Albany, State Univ of New York at AlbanyX 2812 Brooklyn, Medgar Evers College
X 9525 Brooklyn, N Y Marriott Brooklyn HotelX X X 2690 Buffalo, Canisius CollegeX X X 9546 Carle Place, Holiday Inn At Westbury
X X 2961 Huntington, Touro Law SchoolX 9565 Ithaca, Clarion University HotelX X 2888 Jamaica, Saint John's UniversityX X 2839 New York, Armenian Church of AmericaX X X 9472 New York, New York Law School
X 9508 New York, New York Marriott Marquis HotelX X X 2838 New York, New York UniversityX X X 2861 Syracuse, Bryant Stratton Business InstX X X 2847 Syracuse, Onondaga Community CollegeX X X 8021 Syracuse, Sheraton Univ Hotel & ConferenceX X X 9721 Uniondale, Long Island MarriottX X X 2740 Williamsville, Erie Community College
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MAR AUG NOV CODENORTH CAROLINA
X 3081 Charlotte, Central Piedmont Community CollegeX X 3132 Durham, North Carolina Central UniversityX X X 9980 Raleigh, Clarion Hotel State CapitalX X X 3126 Raleigh, McKimmon CenterX X X 3168 Winston-Salem, Wake Forest University
NORTH DAKOTAX X X 3218 Grand Forks, University of North Dakota
OHIOX X X 3310 Ada, Ohio Northern University
X 3338 Akron, Univ of AkronX X X 5571 Cincinnati, Workforce Development CenterX X X 3244 Cleveland, Case Western Reserve UniversityX X 3270 Cleveland, Cleveland-Marshall College of LawX 3261 Columbus, Columbus State Community College
X X 3275 Columbus, Franklin UniversityX X X 3312 Columbus, Ohio State University
X X 3295 Dayton, Wright State UniversityX X X 3344 Toledo, University of Toledo
OKLAHOMAX X X 3390 Edmond, Univ of Central OklahomaX X 3426 Oklahoma City, Oklahoma Christian UniversityX X X 3423 Oklahoma City, Oklahoma St Univ-Oklahoma CityX X X 3444 Tulsa, Univ of Tulsa
OREGONX X X 3498 Eugene, University of OregonX X 3500 Portland, University of PortlandX X X 3493 Salem, Chemeketa Community CollegeX X X 3504 Salem, Willamette University
PENNSYLVANIAX X X 3589 Harrisburg, Harrisburg Area Community CollegeX X X 9985 Middletown, Penn State Capital College
X 9706 Philadelphia, Sheraton University City HotelX 3724 Philadelphia, Temple University
X 3726 Philadelphia, Thomas Jefferson UniversityX X X 3560 Pittsburgh, Duquesne UniversityX X X 3734 Pittsburgh, Univ of Pittsburgh
RHODE ISLANDX X X 3814 Bristol, Roger Williams Univ Sch Of Law
SOUTH CAROLINAX X X 3880 Columbia, University of South Carolina
SOUTH DAKOTAX 9293 Pierre, Kings Inn
X X 3928 Vermillion, Univ of South Dakota
TENNESSEEX X X 4008 Memphis, Rhodes CollegeX X 3992 Memphis, University of Memphis
X 9502 Nashville, Opryland HotelX X 4036 Nashville, Vanderbilt University
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TEXASX X 4104 Austin, Huston-Tillotson CollegeX X X 4240 Austin, Thompson Conference CenterX X X 4768 Dallas, Bill J Priest Inst for Econ DevX X X 4089 Dallas, Mountain View CollegeX X 4053 Farmers Branch, Brookhaven CollegeX X X 4264 Houston, South Texas College of LawX X X 4216 Houston, Texas Southern UniversityX X X 4236 Houston, Univ of Houston Main CampusX X X 4220 Lubbock, Texas Tech UniversityX X X 4158 San Antonio, Saint Mary's UniversityX X X 4062 Waco, Baylor University
UTAHX X 4266 Provo, Brigham Young UniversityX X X 4274 Salt Lake City, University of Utah
VERMONTX X X 4324 South Royalton, Vermont Law School
VIRGINIAX X 9578 Arlington, Crystal City Marriott
X 4412 Charlottesville, University of VirginiaX X X 4346 Petersburg, Richard Bland College-W & MX X X 4380 Richmond, Virginia Commonwealth UniversityX X X 9990 Virginia Beach, Regent University
WASHINGTONX 9986 Seattle, Mountaineers Building
X X 4484 Seattle, University of Washington
WEST VIRGINIAX X 4528 Charleston, Univ of CharlestonX X X 4540 Morgantown, West Virginia University
WISCONSINX 4557 Madison, Herzing CollegeX 4558 Madison, University Of Wisconsin Law School
WYOMINGX X X 5006 Laramie, University of Wyoming
GUAM*X X X 5052 Hagatna, Guam Judicial Center
NORTHERN MARIANA ISLANDS*X X X 5051 Saipan, Commonwealth Supreme Court
PALAU*X X X 5077 Koror, Supreme Court Republic Of Palau
VIRGIN ISLANDSX X X 5078 Saint Thomas, Territorial Court Virgin Islands
*Testing in these locations will take place on the Monday following the test date in Marchand Saturday following the August and November published test dates.
MAR AUG NOV CODE
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Test Center InformationThe Multistate Professional ResponsibilityExamination will be given on Saturday, March 9 (orMonday, March 11, for exceptions due to religiouspractices—see page 4), Friday, August 9, and Friday,November 8, 2002, at the established centers listedon pages 15–19. Test centers may be added or
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Testing of Applicants with Disabilities
The National Conference of Bar Examiners (NCBE)provides reasonable testing accommodations forMPRE examinees who have a disability as definedin the Americans with Disabilities Act and who pro-vide appropriate documentation in a timely manner.
Applicants with diagnosed physical, mental, sensory,or learning disabilities may request accommodationssuch as a reader, someone to record answers, a sep-arate testing room, and/or extra testing time, as wellas presentation of the material in Braille, large-print,or audio cassette formats. All requests are reviewedand, when warranted, reasonable accommodationswill be provided in light of the applicant’s specific dis-ability. Applications with requests for accommoda-tions are evaluated by trained staff specialists and,when appropriate, may also be submitted to inde-pendent external review by specialists in the area ofthe disability. In determining whether an individualhas a disability for which accommodations may beappropriate, the applicable standard under the ADAis whether the individual has an impairment that sub-stantially limits him or her in a major life activity.
If you are requesting accommodations due to a dis-ability, DO NOT USE ONLINE REGISTRATION.Requests for testing accommodations must bemailed with the MPRE Application Form and allof the supporting documentation noted below.
1. You must provide your own written request foraccommodations, preferably in the form of a let-ter. Include a detailed description of your disabil-ity and indicate specifically the accommodationsyou believe are necessary for you to take theMPRE. Include a telephone number where youcan be reached during the day. You are encour-aged to also provide a fax number and/or e-mailaddress.
If additional testing time is requested, your letter mustspecify a precise amount of additional time (e.g.,time-and-a-half). A request for an untimed exami-nation, or simply for extra time, is not sufficient.
2. Include current (within the last five years) docu-mentation by your clinician, physician, or otherqualified specialist with training and experienceappropriate to diagnose and treat your disability.
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This documentation must set forth in detail thediagnosis, treatment provided, and the last dateof treatment and/or consultation with the qualifiedprofessional. It must also provide an explanationof the need for the requested accommodation(s)and how the functional limitation of the disabilityrelates to this test-taking activity. A description ofthe accommodations deemed appropriate shouldalso be included. Your professional must alsoinclude a brief statement of his/her qualificationsand areas of specialty.
If additional testing time is requested, the docu-mentation prepared by the diagnostician muststate the precise amount of additional time that isdeemed necessary, as well as the rationale for theadditional testing time requested.
3. Enclose documentation regarding accommoda-tions that have been made in the past, includingelementary or secondary school, during college,on the LSAT, in law school, and on any bar exam-inations. If you lack documentation of accommo-dations or special assistance you received inelementary or secondary school, describe theaccommodations in your request. Note, however,that the fact that an accommodation has beengranted on a previous occasion does not guaran-tee similar accommodations for the MPRE.
4. If an accommodation of extended time and/or aseparate testing room is requested because of adisability affecting cognitive functioning (e.g., LDor ADHD), the documentation must include all ofthe following:
• A description of the presenting problem(s) andtheir developmental history;
• A neuropsychological or psychoeducationalevaluation with reports of aptitude assessmentsusing a complete comprehensive battery. Thepreferred instrument is the Wechsler AdultIntelligence Scale-III. Other acceptable instru-ments include, but are not limited to, theKaufman Adolescent and Adult Intelligence Test,and the Stanford-Binet 4th Edition;
• A complete and comprehensive achievement bat-tery including current levels of academic function-ing in relevant areas such as reading (decoding,rate, and comprehension) and written language
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(e.g., Woodcock-Johnson PsychoeducationalBattery—Revised or III: Tests of Achievement, theScholastic Abilities Test for Adults). Screening testssuch as the Wide Range Achievement Test andthe Nelson-Denny Reading Test sometimes pro-vide useful supplementary information but cannot,in themselves, determine reading ability;
• An assessment of information processing (e.g.,short- and long-term memory, sequential mem-ory, processing speed, executive functioning)using appropriate instruments (e.g., WechslerMemory Scale III, relevant subtests from theWoodcock-Johnson Psychoeducational Battery—Revised or III: Tests of Cognitive Ability); and
• Other appropriate assessment measures to helpsupport a differential diagnosis or to disentan-gle the cognitive disability from co-existing neu-rological and/or personality disorders.
Please note: All tests must be reliable, valid,and standardized for use with an adult popula-tion. All standard scores and percentiles (includ-ing subtests) must be provided. Thediagnostician must provide a specific diagnosiswith an interpretation of tests being providedand show evidence that alternative explanations(e.g., poor motivation or study skills, cultural orlanguage differences) can be ruled out.
5. For diagnosis of Attention Deficit/HyperactivityDisorder (ADHD), relevant batteries as describedabove must be provided to determine patterns sup-portive of attention problems. The diagnostician’sreport must include a review of your history regard-ing each of the DSM-IV diagnostic criteria forADHD and specify which symptoms that causeimpairment were present in childhood and whichcurrent symptoms have been present for at leastthe past six months. Although self-reporting ofsymptoms and events is helpful, it is critical thatinformation from other sources (e.g., health careprofessionals, relatives, teachers, school records,or employers) be presented to evaluators and sum-marized in their report.
6. If extended time is requested because of a visualdisability, a report of a complete ocular examina-tion is required. It must include all test results, adescription of functional limitation, a discussion ofthe extent to which the limitation has been or can
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be addressed through corrective devices, and aspecific recommendation and rationale for accom-modations. If you are legally blind, documentationacknowledging this specifically (e.g., from a gov-ernmental agency or your eye doctor) can substi-tute for a complete ocular exam.
Apply as far as possible in advance of the deadline.During peak time it may take 3–4 weeks to processthe application and receive a reply. If you apply suf-ficiently early, NCBE may be able to communicatewith you regarding omissions in your documentationin time for you to send supplemental material by thedeadline. No new information will be accepted afterthe late registration deadline.
Send all materials together. Do not ask your physi-cian or other qualified professional or any other indi-vidual or agency providing documentation to sendmaterials to NCBE separate from your application.Due to the number of applications received, it is notpossible to guarantee that materials can be matchedand that an applicant’s materials will be complete.
It is your responsibility to notify NCBE of the need foraccommodation at the time you apply for the exam-ination. Requests for accommodations that arereceived after the deadline for late registration will notbe considered. Requests that are incomplete or notsupported by appropriate documentation by the lateregistration deadline will be denied. NCBE reservesthe right to independently evaluate documentationsubmitted by examinees who request accommoda-tions and to make the final judgment as to the suffi-ciency of the documentation.
You may contact NCBE to seek clarification on poli-cies regarding accommodation or to inquire about thestatus of a pending request. During peak processingtimes (near application deadlines) it is generallypreferable to communicate via fax to 319/337-1122or e-mail to [email protected]. All accommodationdecisions are based on the written record. Requestsfor reconsideration/appeal must be in writing and shouldinclude information not previously submitted.
NCBE is not responsible for administering or deter-mining the criteria for state bar examinations, whichare separate and discrete examinations from theMPRE. Policies for determining testing accommoda-
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tions available to applicants with disabilities in admit-ting jurisdictions may vary from the policies used toprovide accommodations for the MPRE. Any accom-modations provided by NCBE are for administrationof the MPRE only and are in no way binding on indi-vidual admitting jurisdictions. NCBE urges all appli-cants to a state bar examination who may requireaccommodations because of a disability to ascertainthe procedure for requesting such accommodationsfor each state where they propose to sit for the barexamination.
Admission and Identification
In order to be admitted to the test center, you mustpresent your test center Admission Ticket with yourphotograph attached, as well as a current form ofidentification bearing your photograph and signature.
The test center supervisor will inspect your AdmissionTicket to verify that it is for the correct test center anddate, and that you have properly completed the iden-tification portion of the Admission Ticket (includingaffixing a current passport-type photograph). You willalso be asked for your additional photo identification,such as a driver’s license, passport, or school iden-tification card, bearing your photograph and signa-ture. Only applicants who have been positivelyidentified will be admitted to the testing room.
Your test center Admission Ticket with your photo-graph attached will be collected during the testingsession and will become part of your MPRE file.
NCBE reserves the right to notify any board of barexaminers to which your score is reported if you failto present an Admission Ticket with a suitable pho-tograph on it and additional photo identification.
Test Center Regulations
The following regulations will be observed at all testcenters in order to ensure uniform testing conditionsand procedures.
1. Each applicant must present a test center Admis-sion Ticket in order to be admitted to the test cen-ter. The identification section on the bottom of theAdmission Ticket must be completed and a recent,representative 2" x 2" photograph of good qualitymust be attached to it. If an Admission Ticket is mis-placed, contact the MPRE Application Departmentin Iowa City, Iowa, before the test date.
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2. Applicants must bring at least two soft-lead pencils(no. 1 or 2).
3. Your testing records are identified by your SocialSecurity number. Please make sure you knowyour Social Security number when you report tothe test center since this information is requestedon the answer sheet.
If you do not blacken the ovals for your SocialSecurity number on your answer sheet, you willbe assigned an identification number for pro-cessing and record-keeping purposes. This num-ber will appear on your score report in the spacefor Social Security number.
4. You will have the opportunity to designate on youranswer sheet one board of bar examiners thatyou wish to receive your MPRE results.
If you do not blacken the ovals for a state boardchoice on your answer sheet on test day, and laterwish to have your scores sent to a board of barexaminers, you must follow procedures for anAdditional Score Report and pay an additional fee(see page 29). Applicants to the District ofColumbia, please see page 29.
5. You may not use or take into the testing roombeeping, alarm, or calculator watches; wrist-watches with picture-taking functions; pagers; cel-lular phones; books; notes; scratch paper; PalmPilots; rulers; calculators, cameras; radios; taperecorders; backpacks; purses; briefcases; foodor drink; colored pens; lapboards/deskboards; oraids of any kind. You may not wear hats, head-phones, or earplugs during the test.
6. All test materials, including test books and answersheets, must be returned to the test supervisorafter testing. No test materials may be retainedby examinees. Pages or covers of test books arenot to be torn out of or separated from the testbooks in any way. Applicants are not permittedto duplicate or record, by copying, photograph-ing, or any other means, any part of the MPRE.
7. Applicants will not be permitted to select their ownseats. The test supervisor will assign each appli-cant a seat in the testing room.
8. No applicant will be admitted to the testing roomafter testing has begun.
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9. You should dress comfortably and be prepared forvarying room temperatures.
10. Access to the testing room will be restricted to testcenter personnel and examinees.
11. Once the seal of the test booklet has been bro-ken, the applicant is considered to have tested(i.e., is ineligible for a $10.00 refund) even if heor she is unable to continue due to illness.
12. If an applicant is unable to continue due to illness,the applicant must return the test booklet andanswer sheet to the supervisor, who will mark theanswer sheet VOID and indicate on the TestingIrregularity Report that the answer sheet shouldnot be scored. No special testing arrangementscan be made for an applicant in this situation. Toapply for a subsequent examination, the appli-cant must complete all new application materialsand pay the appropriate fee.
13. The Multistate Professional ResponsibilityExamination is part of the bar examination require-ment of participating jurisdictions and the samestandards of conduct by the applicants apply asif the examination were being administered by aboard of bar examiners. NCBE reserves the rightto report questionable conduct in connection withthe MPRE to the appropriate board of bar exam-iners.
14. See Guidelines for Taking the Examination onpage 61.
Test Center Review
At the end of the examination, you will be given theopportunity to react to testing conditions by complet-ing a Test Center Review section. The responses ofall applicants are grouped together and evaluated tomonitor and improve testing conditions and proce-dures for future administrations. Responses to theTest Center Review are never linked to individualapplicants and will in no way affect your test score.Written complaints about testing conditions or pro-cedures should be sent directly to:
National Conference of Bar ExaminersMPRE Test Administration (58)P.O. Box 168Iowa City, IA 52243-0168
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Score ReportsYour MPRE score report will be mailed to you and tothe jurisdiction you requested approximately fourweeks after the examination date. The report willinclude your total raw score and scaled score and willshow the jurisdiction to which you requested (on youranswer sheet) your scores should be sent.
Your raw score will be the number of test questionsthat you answered correctly in the examination. Thelowest possible raw score is 0, and the highest rawscore is 50.
Your scaled score is a standard score. The standardscore scale ranges from 50 (low) to 150 (high). Themean (average) scaled score was established at 100,based upon the performance of the examinees whotook the MPRE in March 1999.
The conversion of raw scores to scaled scores involvesa statistical process that adjusts for variations in thedifficulty of different forms of the examination so thatany particular scaled score will represent the samelevel of knowledge from test to test. For instance, if atest were more difficult than previous tests, then thescaled scores on that test would be adjusted upwardto account for this difference. If a test were easier thanprevious tests, then the scaled scores on the test wouldbe adjusted downward to account for this difference.The purpose of these adjustments is to help ensurethat no examinee is unfairly penalized (or rewarded)for taking a more (or less) difficult form of the test.
Your score report may include the passing scoreestablished by the jurisdiction to which you requestedyour scores be sent. If you did not request that yourscores be sent to a jurisdiction, no indication willappear on your score report.
Keep your score report for your records. You may beasked to produce it during the bar application process(as in the District of Columbia).
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Additional Score Report Requests
Additional score reports are available after the exam-ination for a fee of $15.00 per report. Written requestsfor score reports should be sent to:
National Conference of Bar ExaminersMPRE Records DepartmentP.O. Box 451Iowa City, IA 52243-0451
Your request should include your name, address,Social Security number, date of birth, test date, signa-ture, and each board of bar examiners you wish tohave receive a copy of your scores. Enclose $15.00for each board of bar examiners you request.Checks should be made payable to the NationalConference of Bar Examiners. Additional score reportssent to individuals rather than a board of bar exam-iners will be stamped “unofficial.” Check with the boardto verify whether this is acceptable.
Applicants to the District of Columbia (DC) shouldnot request transfer of their MPRE scores to DC.Instead, applicants must provide DC with a copy oftheir MPRE score report when filing their applicationto DC.
Requests for Rechecking of Answer Sheets
A request to have your answer sheet rechecked mustbe made in writing within three months of the originaltest date. The request should include your name,address, Social Security number, birth date, test date,and signature.
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Description of theExaminationThe purpose of the NCBE Multistate ProfessionalResponsibility Examination (MPRE) is to measurethe examinee’s knowledge and understanding ofestablished standards related to a lawyer’s profes-sional conduct; thus, the MPRE is not a test to deter-mine an individual’s personal ethical values. Lawyersserve in many capacities: for example, as judges, asadvocates, counselors, and in other roles. The lawgoverning the conduct of lawyers in these roles isapplied in disciplinary and bar admission procedures,and by courts in dealing with issues of appearance,representation, privilege, disqualification, contemptor other censure, and in lawsuits seeking to establishliability for malpractice, and other civil or criminalwrongs committed by a lawyer while acting in a pro-fessional capacity.
The law governing the conduct of lawyers is basedon the disciplinary rules of professional conduct cur-rently articulated in the American Bar Association(ABA) Model Rules of Professional Conduct (1983as amended) and the ABA Model Code of JudicialConduct (1990 as amended), as well as on control-ling constitutional decisions and generally acceptedprinciples established in leading federal and statecases and in procedural and evidentiary rules.
The MPRE is developed by a six-member DraftingCommittee comprised of recognized experts in thearea of professional responsibility. Before a test itemis selected for inclusion in the MPRE, it undergoes amultistage review process that occurs over the courseof several years before the test is administered.Besides intensive reviews by the Drafting Committeeand testing specialists, each test item is reviewed byother national and state experts. All test items mustsuccessfully pass all reviews before they are includedin the MPRE. After an MPRE examination is admin-istered, the statistical performance of each test itemis reviewed and evaluated by content and testingexperts before the items are included in the compu-tation of examinees’ scores. This final statistical reviewis conducted to ensure that each test item is accurateand psychometrically sound.
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The MPRE consists of 50 multiple-choice test items.These test items are followed by 10 Test CenterReview items that request the examinee’s reactionsto the testing conditions. The examination is two hoursand five minutes in length.
Test items covering judicial ethics measure applica-tions of the ABA Model Code of Judicial Conduct(CJC). Other items will deal with discipline of lawyersby state disciplinary authorities; in these items, thecorrect answer will be governed by the current ABAModel Rules of Professional Conduct (MPRC). Theremaining items, outside the disciplinary context, aredesigned to measure an understanding of the gen-erally accepted rules, principles, and common lawregulating the legal profession in the United States;in these items, the correct answer will be governedby the view reflected in a majority of cases, statutes,or regulations on the subject. To the extent that ques-tions of professional responsibility arise in the con-text of procedural or evidentiary issues, such as theavailability of litigation sanctions or the scope of theattorney-client evidentiary privilege, the Federal Rulesof Civil Procedure and the Federal Rules of Evidencewill be assumed to apply, unless otherwise stated.
As a general rule, particular local statutes or rules ofcourt will not be tested in the MPRE. However, a spe-cific question may include the text of a local statuteor rule that must be considered when answering thatquestion. Amendments to the MRPC or the CJC willbe reflected in the examination no earlier than oneyear after the approval of the amendments by theAmerican Bar Association.
Each question contained in the MPRE provides a fac-tual situation along with a specific question and fourpossible answer choices. Examinees should pick thebest answer from the four possible answer choices.Each question may include, among others, one of thefollowing key words or phrases:
1. Subject to discipline asks whether the conductdescribed in the question would subject the lawyerto discipline under the provisions of the ABA ModelRules of Professional Conduct. In the case of ajudge, the test question also asks whether thejudge would be subject to discipline under the ABAModel Code of Judicial Conduct.
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2. May or proper asks whether the conduct referredto or described in the question is professionallyappropriate in that it:a. would not subject the lawyer or judge to disci-
pline; andb. is not inconsistent with the Preamble,
Comments, or text of the ABA Model Rules ofProfessional Conduct or the ABA Code ofJudicial Conduct; and
c. is not inconsistent with generally accepted prin-ciples of the law of lawyering.
3. Subject to litigation sanction asks whether the con-duct described in the question would subject thelawyer or the lawyer’s law firm to sanction by a tri-bunal such as contempt, fine, fee forfeiture, dis-qualification, or other sanction.
4. Subject to disqualification asks whether the con-duct described in the question would subject thelawyer or the lawyer’s law firm to disqualificationas counsel in a civil or criminal matter.
5. Subject to civil liability asks whether the conductdescribed in the question would subject the lawyeror the lawyer’s law firm to civil liability, such asclaims arising from malpractice, misrepresentation,and breach of fiduciary duty.
6. Subject to criminal liability asks whether the con-duct described in the question would subject thelawyer to criminal liability for participation in, or aid-ing and abetting criminal acts, such as prosecutionfor insurance and tax fraud, destruction of evidence,or obstruction of justice.
When a question refers to discipline by the “bar,” “statebar,” or “appropriate disciplinary authority,” it refersto the agency in the jurisdiction with authority to admin-ister the standards for admission to practice and formaintenance of professional competence andintegrity. Whenever a lawyer is identified as a “certi-fied specialist,” that lawyer has been so certified bythe appropriate agency in the jurisdiction in which thelawyer practices.
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MPRE Subject Matter Outline
The following subject matter outline indicates theexamination’s scope of coverage and the approxi-mate percentage of items that are included in eachmajor area. The outline is not intended to list everyaspect of a topic mentioned. Although the test itemsfor each MPRE are developed from these categories,each topic is not necessarily tested on each exami-nation.
I. Regulation of the Legal Profession (8–12%)A. Inherent Powers of Courts to Regulate
LawyersB. Admission to the ProfessionC. Regulation after AdmissionD. Maintaining Professional Standards—Peer
ResponsibilityE. Unauthorized PracticeF. Fee Division with a Non-LawyerG. The Law FirmH. Contractual Restrictions on Practice
II. The Client-Lawyer Relationship (10–14%)A. Acceptance or Rejection of ClientsB. Scope, Objective, and Means of the Repre-
sentationC. Within the Bounds of the LawD. WithdrawalE. Client-Lawyer ContractsF. Fees
III.
Ñ
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V. Competence, Legal Malpractice, and Other CivilLiability (8–12%)A. Civil Liability, Including MalpracticeB. Maintaining CompetenceC. Acceptance of EmploymentD. Exercise of Diligence and CareE. Limiting Liability for Malpractice
VI. Litigation and Other Forms of Advocacy(12–16%)A. Exercise of Professional JudgmentB. Civility, Courtesy, and DecorumC. Conduct in the Course of Litigation—Claims,
Defenses, Testimony, and EvidenceD. Fraud or PerjuryE. Communications in Course of Repre-
sentationVII. Different Roles of the Lawyer (4–8%)
A. Lawyer as AdvisorB. Lawyer as IntermediaryC. Lawyer as EvaluatorD. Lawyer as NegotiatorE. Lawyer as MediatorF. Special Obligations of the Lawyer in Public
ServiceG. Appearances before Legislative Bodies
VIII. Safekeeping Property and Funds of Clients andOthers (4–8%)A. Lawyer as Trustee of Client FundsB. Lawyer as Custodian of Client PropertyC. Disputed Claims
IX. Communication about Legal Services (6–10%)A. Public Communications about ServicesB. ReferralsC. Group Legal ServicesD. Direct Contact with Prospective Clients
(Solicitation)E. Fields of Practice—Limitations of Practice
and SpecializationX. Lawyers and the Legal System (2–6%)
A. Lawyer Activity in Improving the LegalSystem
B. Impropriety Incident to Public Service
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XI. Judicial Ethics (6–10%)A. Uphold the Integrity and Independence of
the JudiciaryB. Avoid Impropriety and the Appearance of
ImproprietyC. Duties of Impartiality and DiligenceD. Activities to Improve the Legal SystemE. Extra-Judicial ActivitiesF. Political Activity of JudgesG. Candidate for Judicial Office
Preparing for the MPREIn addition to the Sample Examination Questions thatappear in this booklet, a booklet containing additionalsample questions may be obtained from the NationalConference of Bar Examiners for $17.50. An orderform for the additional sample questions is on page 59.
Students who have taken and reviewed a two- orthree-credit law school survey course in ProfessionalResponsibility should be reasonably well prepared totake the MPRE. However, for those wishing to engagein additional preparation, there are numerous sourcesavailable for consultation, including the American BarAssociation’s Annotated Model Rules of ProfessionalConduct and the American Law Institute’sRestatement of the Law Governing Lawyers, as wellas treatises collecting and discussing the authorities.
The ABA Model Rules of Professional Conduct and the ABA Model Code of Judicial Conduct areavailable from the American Bar Association at 750 North Lake Shore Drive, Chicago, IL 60611 (312/988-5522 or 1-800/285-2221). The website atwhich these publications may be purchased iswww.abanet.org/cpr/publications.html.
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Sample ExaminationQuestionsThis section provides examples of test questions sim-ilar to those contained in the MPRE. Read and answerthem to familiarize yourself with the kinds of ques-tions contained in the examination. A sample answersheet is provided on page 58.
A booklet containing additional sample questions may be purchased from the National Conference ofBar Examiners for $17.50. An order form for the addi-tional sample questions is on page 59.
Students who have taken and reviewed a two- orthree-credit law school survey course in ProfessionalResponsibility should be reasonably well prepared totake the MPRE. However, for those wishing to engagein additional preparation, there are numerous sourcesavailable for consultation, including the American BarAssociation’s Annotated Model Rules of ProfessionalConduct and the American Law Institute’sRestatement of the Law Governing Lawyers, as wellas treatises collecting and discussing the authorities.
Each question has four responses from which youare to select the best one. During the examination,when you have chosen the response you feel is best,find the row of ovals on your answer sheet with thesame number as the question you are answering.Then find the oval in the row with the same letter asyour answer. Blacken the oval completely. For exam-ple, if you choose response B for question 3, blackenoval B in the row of ovals next to the number 3 on youranswer sheet. Choose only one answer for eachquestion. Use a soft-lead pencil and make your marksheavy and black. Mark all your answers on the sep-arate answer sheet.
The questions in the MPRE may include qualificationsas part of the alternative responses. These qualifica-tions may be essential to the correctness of theresponse or responses in which they appear and thusto the correct answer to the question. Consequently,you should read each question thoroughly before youselect a response.
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Your score on the MPRE will be based on the num-ber of questions you answer correctly. Thus, it is toyour advantage to answer every question. Do notspend too much time on any one question. Worksteadily and as quickly as you can. If you cannotanswer a question, leave it and go on to the nextquestion. You may then return to all unansweredquestions if you finish before time is called.
Question 1.
Although licensed to practice law in State, AttorneyAlpha does not practice law but works as aninvestment broker. Alpha could have elected inac-tive status as a member of the bar, but chose notto do so. Recently, in connection with a sale ofworthless securities, Alpha made materially falserepresentations to Victim, an investment customer.Victim sued Alpha for civil fraud, and a juryreturned a verdict in Victim’s favor. Alpha did notappeal.
Is Alpha subject to discipline?
A. Yes, because Alpha was pursuing a non-legaloccupation while an active member of the bar.
B. Yes, because Alpha’s conduct was fraudulent.C. No, because Alpha was not convicted of a
crime.D. No, unless the standard of proof in State is the
same in lawyer disciplinary cases and civilcases.
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Question 2.
Client was an experienced oil and gas developer.Client asked Attorney for representation in a suit toestablish Client’s ownership of certain oil and gasroyalties. Client did not have available the neces-sary funds to pay Attorney’s reasonable hourly ratefor undertaking the case. Client proposed insteadto pay Attorney an amount in cash equal to 20% ofthe value of the proceeds received from the firstyear royalties Client might recover as a result ofthe suit. Attorney accepted the proposal and tookthe case.
Is Attorney subject to discipline?
A. Yes, because the agreement gave Attorney aproprietary interest in Client’s cause of action.
B. Yes, unless the fee Attorney receives does notexceed that which Attorney would havereceived by charging a reasonable hourly rate.
C. No, because Client rather than Attorney pro-posed the fee arrangement.
D. No, because Attorney may contract with Clientfor a reasonable contingent fee.
Question 3.
Attorney has been hired by Client to representClient in a civil commitment proceeding initiated bythe state. Client is now undergoing psychiatricevaluation to determine whether civil commitmentshould be ordered. Client told Attorney that Clientintends to commit suicide as soon as the tests arecompleted, and Attorney believes that Client willcarry out this threat. Suicide and attempted suicideare crimes in the state.
Is it proper for Attorney to disclose Client’s inten-tions to the authorities?
A. Yes, because the information concerns afuture crime and is not protected by the attor-ney-client evidentiary privilege.
B. Yes, because the information concerns afuture crime that is likely to result in Client’simminent death.
C. No, unless Attorney knows that Client hasattempted suicide in the past.
D. No, because disclosure would aid the state inits civil commitment case against Client.
39
Question 4.
Attorney is a long-time member of the state legisla-ture and serves on the legislative budget commit-tee that funds the local trial courts in the state.Attorney also maintains a part-time law practice asis permitted in the state. Able, an influential busi-nessperson, who regularly makes significant con-tributions to Attornery’s political campaigns, askedAttorney to help Able’s uncle, Baker, who wasinvolved in a bitter divorce. Attorney called the trialjudge sitting on Baker’s case, a personal friend ofAttorney. In discussing some upcoming votes ofthe budget committee with the judge, Attorneymentioned that Baker was the type of solid citizenand influential person who could help garner sup-port for the budget and thus ensure the economichealth of the judicial system.
Is Attorney subject to discipline?
A. Yes, if the trial judge ruled in Baker’s favor.B. Yes, because Attorney used her public posi-
tion to attempt to influence a tribunal in apending matter.
C. No, if Attorney called the trial judge in hercapacity as a legislator and not as Baker’slawyer.
D. No, because members of the state legislatureare permitted by law to engage in part-timelegal practice.
40
Question 5.
Attorney agreed to represent Able, a client, inbringing a lawsuit. Attorney and Able executedAttorney’s preprinted retainer form that provides, inpart:
“The client agrees to pay promptly Attorney’sfees for services. In addition, the client andAttorney agree to release each other fromany and all liability arising from the represen-tation. The client agrees that Attorney neednot return the client’s file prior to receivingthe client ’s executed release. Attorneyagrees to return the client’s file promptlyupon receipt of all fees owed and of theclient’s executed release.”
During their initial meeting, Attorney recommendedthat Able consult independent counsel before sign-ing the retainer agreement, but Able chose not todo so. Attorney reasonably believes that his fee isfair and that the quality of his work will be compe-tent.
Is Attorney’s retainer agreement with Able proper?
A. Yes, because Attorney furnished considera-tion by agreeing to release Able from liabilityand to return Able’s files.
B. Yes, because Attorney reasonably believesthat his fee is fair and that the quality of hiswork will be competent.
C. No, because Attorney is attempting to limitprospectively his liability for malpractice.
D. No, because Attorney uses a preprinted formfor all retainers.
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Question 6.
Attorney represents Corp, a defendant in a productliability case. Engineer, a Corp employee nearingretirement, was likely to be a key witness in thecase, as she had been in charge of all of Corp’sproduct safety testing during the relevant period.Engineer had been very critical of Corp’s safetytesting procedures during that period and hadrepeatedly complained that the product at issuehad not been adequately tested. Engineer’s viewswere reduced to writing and were well known tomany employees of Corp. Because of the earlystage of the case, however, plaintiff’s counsel wasnot yet aware of Engineer’s existence or her views.
Aware of Engineer’s views, Attorney approachedCorp’s officials and recommended that it offerEngineer a special package of severance benefitsif she would retire immediately and move to theBahamas. Attorney believed that if Engineeraccepted this offer, she would be beyond the sub-poena power of the court in which the suit againstCorp was pending. Corp adopted Attorney’s rec-ommendation and made the offer. Engineeraccepted it. Attorney did not disclose Engineer’sidentity to plaintiff’s counsel.
Is Attorney subject to discipline?
A. Yes, because Attorney caused Engineer toleave the jurisdiction of the court for the pur-pose of making her unavailable as a witness.
B. Yes, because opposing counsel had not yethad a reasonable opportunity to learn ofEngineer’s views.
C. No, because Engineer’s views were reducedto writing and are well known to many otheremployees of Corp.
D. No, unless there was a pending request forEngineer’s testimony at the time the retire-ment offer was made to Engineer.
42
Question 7.
Attorney represented Client in a personal injuryaction against the driver of the car in which Clientwas injured while a passenger. The personal injuryaction was settled, and Attorney received a checkin the amount of $10,000 payable to Attorney.Attorney deposited the check in her Clients’ TrustAccount.
One day later, Attorney received a letter fromBank, which had heard of the settlement of thepersonal injury lawsuit. Bank informed Attorneythat Client had failed to make his monthly mort-gage payments for the last three months anddemanded that Attorney immediately release $900of the proceeds of the settlement to Bank or Bankwould institute mortgage foreclosure proceedingsagainst Client. Attorney informed Client of Bank’sletter. Client responded:
“I don’t care what Bank does. The property isessentially worthless, so let Bank foreclose.If Bank wants to sue me, I’ll be easy enoughto find. I don’t think they’ll even bother. Youjust take your legal fees and turn the rest ofthe proceeds over to me.”
Is Attorney subject to discipline if she followsClient’s instructions?
A. Yes, if Client does not dispute the $900 debtto Bank.
B. Yes, because Attorney knew that Client wasplanning to force Bank to sue him.
C. No, unless Attorney had reason to believe thatClient would not have sufficient funds to payany subsequent judgment obtained by Bank.
D. No, because Bank has no established right tothe specific proceeds of Client’s personalinjury judgment.
43
Question 8.
Three lawyers, Alpha, Beta, and Delta, formed apartnership to practice law with offices in bothState First and State Second. Alpha is admitted topractice only in State First. Beta is admitted topractice only in State Second, and Delta is admit-ted to practice in both States First and Second.The following letterhead is on stationery used bytheir offices in both states:
Alpha, Beta, and DeltaAttorneys at Law
100 State Street 200 Bank BuildingCity, State First City, State Second(200) 555-5555 (202) 555-5555
Attorney AlphaAdmitted to practice only
in State First
Attorney BetaAdmitted to practice only
in State Second
Attorney DeltaAdmitted to practice
in States First and Second
Are the members of the partnership subject todiscipline?
A. No, because the letterhead states the jurisdic-tions in which each partner is admitted.
B. Yes, because there is no jurisdiction in whichboth Alpha and Beta are admitted to practice.
C. Yes, because the firm name used by eachoffice contains the name of a lawyer notadmitted to practice in that jurisdiction.
D. Yes, unless Delta actively practices law inboth States First and Second.
44
Question 9.
Attorney was engaged under a general retaineragreement to represent Corp, a corporationinvolved in the uranium industry. Under the agree-ment, Attorney handled all of Corp’s legal work,which typically involved regulatory issues and liti-gation.
Corp told Attorney that a congressional committeewas holding hearings concerning the extent of reg-ulation in the copper industry. Because Corp wasconsidering buying a copper mine during the nextfiscal year, Corp wanted Attorney to testify that theindustry was overregulated. Attorney subsequentlytestified before the relevant congressional commit-tee. Attorney registered his appearance under hisown name and did not disclose that he wasappearing on behalf of a client. Afterward, Attorneybilled Corp for fees and expenses related to histestimony.
Was Attorney’s conduct proper?
A. Yes, because the duty of confidentiality pre-vented Attorney from disclosing the identity ofhis client.
B. Yes, because the attorney-client evidentiaryprivilege prevented disclosure of the identity ofhis client in this context.
C. No, because Attorney failed to disclose that hewas appearing and testifying in a representa-tive capacity.
D. No, because Attorney accepted compensationin return for his testimony.
45
Question 10.
Judge is one of three trustees of a trust for theeducational benefit of her grandchildren. The trustowns 5,000 shares of stock in Big Oil Company.The stock has been selling for the past year at$10.00 per share. Big Oil is suing Oil RefiningCompany for breach of an oil refining agreement,and the case is assigned to Judge for trial. Judgebelieves that she can be fair and impartial.
Should Judge disqualify herself from the case?
A. Yes, because the trust has more than a deminimus financial interest in Big Oil Company.
B. Yes, unless the outcome of the lawsuit isunlikely to affect the value of the stock.
C. No, unless Judge personally owns stock ineither party to the litigation.
D. No, because Judge believes she can remainimpartial.
46
Question 11.
For many years, Attorney has served as outsidecounsel to Corp, a corporation. Shortly after achange in management, Attorney discovered whatshe reasonably believed to be a material misstate-ment in a document she had drafted that Attorneywas about to file on Corp’s behalf with a govern-ment agency. Attorney advised Corp’s Board ofDirectors that filing the document was probablycriminal. However, the Board disagreed that therewas any material misstatement and directedAttorney to proceed with the filing. When Attorneyindicated her intention to resign, Corp argued thata resignation at this time would send a signal thatthere was a problem with the filing. Corp urgedAttorney to continue the representation, but offeredto use in-house counsel to complete the work onthe filing. Although she does not know for certainthat filing the document is illegal, Attorney reason-ably believes that it is. In any event, Attorney ispersonally uncomfortable with the representationand wants to withdraw.
May Attorney withdraw from her representation ofCorp?
A. Yes, because withdrawal is permitted but notrequired when a client insists on conductwhich the lawyer reasonably believes, butdoes not know, will be criminal.
B. Yes, because withdrawal is required when aclient insists on conduct which the lawyer rea-sonably believes, but does not know, will becriminal.
C. No, if Corp is correct that withdrawal wouldbreach confidentiality by sending a signal thatthe filing is problematic.
D. No, if Attorney’s withdrawal as outside counselmight affect Corp’s ability to complete the filingin a timely fashion.
47
Question 12.
Attorney, who had represented Testator for manyyears, prepared Testator’s will and acted as one ofthe two subscribing witnesses to its execution. Thewill gave 10% of Testator’s estate to Testator’shousekeeper, 10% to Testator’s son and sole heir,Son, and the residue to charity. Upon Testator’sdeath one year later, Executor, the executornamed in the will, asked Attorney to represent himin probating the will and administering the estate.At that time Executor informed Attorney that Sonhad notified him that he would contest the probateof the will on the grounds that Testator lacked therequired mental capacity at the time the will wasexecuted. Attorney believes that Testator was fullycompetent at all times and will so testify, if calledas a witness. The other subscribing witness toTestator’s will predeceased Testator.
Is it proper for Attorney to represent Executor inthe probate of the will?
A. Yes, because Attorney is the sole survivingwitness to the execution of the will.
B. Yes, because Attorney’s testimony will supportthe validity of the will.
C. No, because Attorney will be called to testifyon a contested issue of fact.
D. No, because Attorney will be representing aninterest adverse to Testator’s heir at law.
48
Question 13.
Attorney Alpha is defending Bigco against a law-suit brought in federal court by Plaintiff, a con-sumer injured by one of Bigco’s products. Plaintiffis seeking both compensatory and punitive dam-ages. During discovery, Plaintiff’s lawyer served aset of interrogatories on Bigco, including requestsfor financial data of Bigco.
Pres, president of Bigco, directed Alpha to resistproviding this information, although Alpha hasinformed him that, under the rules of discovery,Plaintiff is entitled to the information requested.Pres then demanded that Alpha assert that theinformation is confidential, privileged, work prod-uct, and a trade secret, but Alpha correctlyinformed him that it was well settled that suchclaims would be regarded as frivolous by thecourts. Pres nonetheless directed Alpha to fileobjections on the bases stated, so that at leastPlaintiff will have to incur the expense of com-pelling discovery. Alpha filed the objections asdirected by Pres.
Which of the following statements would be true?
I. Alpha is subject to discipline.II. Alpha is subject to litigation sanction.
A. I onlyB. II onlyC. Both I and IID. Neither I nor II
49
Question 14.
Judge needed to obtain a loan to be secured by asecond mortgage on his house. Bank offered him aloan at a very favorable interest rate. The vice-president at Bank told Judge:
“Frankly, we normally don’t give such a largeloan when the security is a second mort-gage, and your interest rate will be 2% lessthan we charge our other customers. But weknow that your salary is inadequate, and weare giving you special consideration.”
Is it proper for Judge to accept the loan?
A. Yes, if Judge does not act in any case involv-ing Bank.
B. Yes, if Bank is not likely to be involved in liti-gation in the court on which Judge sits.
C. No, unless the same terms are available to alljudges in the state.
D. No, because the amount of the loan and inter-est rate were not available to persons whowere not judges.
Question 15.
Law Firm has 300 lawyers in 10 states. It hasplaced the supervision of all routine administrativeand financial matters in the hands of Admin, a non-lawyer. Admin is paid a regular monthly salary anda year-end bonus of 1% of Law Firm’s net incomefrom fees. Organizationally, Admin reports toAttorney, who is the managing partner of LawFirm. Attorney deals with all issues related to LawFirm’s supervision of the practice of law.
Is it proper for Attorney to participate in Law Firm’suse of Admin’s services in this fashion?
A. Yes, unless Admin has access to client files.B. Yes, if Admin does not control the professional
judgment of the lawyers in the firm.C. No, because Law Firm is sharing legal fees
with a nonlawyer.D. No, because Law Firm is assisting a non-
lawyer in the unauthorized practice of law.
50
Question 16.
Attorney experienced several instances whenclients failed to pay their fees in a timely manner,but it was too late in the representation to withdrawwithout prejudicing the clients. To avoid a recur-rence of this situation, Attorney has drafted a stipu-lation of consent to withdraw if fees are not paidaccording to the fee agreement. She proposes tohave all clients sign the stipulation at the outset ofthe representation.
Is it proper for Attorney to use the stipulation towithdraw from representation whenever a clientfails to pay fees?
A. Yes, because a lawyer may withdraw whenthe financial burden of continuing the repre-sentation would be substantially greater thanthe parties anticipated at the time of the feeagreement.
B. Yes, because the clients consented to thewithdrawal in the stipulation.
C. No, because a client’s failure to pay fees whendue may be insufficient in itself to justify with-drawal.
D. No, unless clients are provided an opportunityto seek independent legal advice before sign-ing the stipulation.
Question 17.
Attorney was retained by Defendant to representhim in a paternity suit. Aunt, Defendant’s aunt,believed the suit was unfounded and motivated bymalice. Aunt sent Attorney a check for $1,000 andasked Attorney to apply it to the payment ofDefendant’s fee. Aunt told Attorney not to tellDefendant of the payment because “Defendant istoo proud to accept gifts, but I know he reallyneeds the money.”
Is it proper for Attorney to accept Aunt’s check?
A. Yes, if Aunt does not attempt to influenceAttorney’s conduct of the case.
B. Yes, if Attorney’s charges to Defendant arereduced accordingly.
C. No, because Aunt is attempting to finance liti-gation to which she is not a party.
D. No, unless Attorney first informs Defendantand obtains Defendant’s consent to retain thepayment.
51
Question 18.
Attorney has a highly efficient staff of paraprofes-sional legal assistants, all of whom are graduatesof recognized legal assistant educational pro-grams. Recently, the statute of limitations ranagainst a claim of a client of Attorney’s when alegal assistant negligently misplaced Client’s fileand suit was not filed within the time permitted bylaw.
Which of the following correctly states Attorney’sprofessional responsibility?
A. Attorney is subject to civil liability and is alsosubject to discipline on the theory of respon-dent superior.
B. Attorney is subject to civil liability or is subjectto discipline at Client’s election.
C. Attorney is subject to civil liability but is NOTsubject to discipline unless Attorney failed tosupervise the legal assistant adequately.
D. Attorney is NOT subject to civil liability and isNOT subject to discipline if Attorney personal-ly was not negligent.
52
Question 19.
Attorney Alpha is a general practitioner with exten-sive experience in personal injury litigation, includ-ing legal and medical malpractice. Baker contactedAlpha by telephone and requested that Alpha rep-resent Baker in a legal malpractice case that Bakerwanted to file against Attorney Delta, the lawyerwho handled Baker’s divorce. Alpha refused evento meet with Baker, saying:
“Look, I just finished renewing my own mal-practice insurance policy, and I can’t believehow high the premiums have gotten. I’m nottaking on any new clients with legal malprac-tice cases.”
Baker tried to contact several other lawyers, eachof whom indicated that he or she would be happyto accept the representation but was too busy totake on any new matters at this time. Six monthslater the statute of limitations expired without Bakerfiling his lawsuit.
If Baker can establish that a legal malpracticeaction against Delta would have succeeded, isAlpha subject to civil liability for refusing to acceptthe representation?
A. Yes, because Alpha did not have good causeto refuse the representation.
B. Yes, unless Alpha made reasonable efforts tofind a competent lawyer to represent Baker.
C. No, unless Alpha holds herself out as experi-enced in legal malpractice cases.
D. No, because Alpha had no legal obligation toaccept Baker’s case.
53
Question 20.
Pros, a prosecutor, was assigned to try a criminalcase against Deft, who was charged with robberyof a convenience store. Deft denied any involve-ment, contending he was home watching televisionwith his mother on the night in question. At thetrial, Wit, a customer at the convenience store, tes-tified that he had identified Deft in a police line-upand provided other testimony connecting Deft tothe crime. In addition, Pros entered into evidence apoor-quality videotape of the robbery as recordedby the store surveillance camera. The jury convict-ed Deft of the crime charged. Unknown to Deft’scourt-appointed lawyer, Wit had first identifiedanother person in the police line-up and selectedDeft only after encouragement by the detective.Pros was aware of these facts but did not notifyDeft’s counsel who made no pretrial discoveryrequest to obtain this information.
Is Pros subject to discipline?
A. Yes, unless the jury could make its own identi-fication of Deft from the videotape.
B. Yes, because this information tended tonegate Deft’s guilt.
C. No, because Deft’s counsel made no pretrialdiscovery request to obtain this information.
D. No, unless it is likely that the jury would haveacquitted Deft had it known that Wit first identi-fied someone else.
54
Question 21.
Attorney and Client entered into a written retainerand hourly fee agreement that required Client topay $5,000 in advance of any services rendered byAttorney and that required Attorney to return anyportion of the $5,000 that was not earned. Theagreement further provided that Attorney wouldrender monthly statements and withdraw her feesas billed. The agreement was silent as to whetherthe $5,000 advance was to be deposited inAttorney’s Clients’ Trust Account or in a generalaccount. Attorney deposited the entire fund in herClients’ Trust Account, which also contained thefunds of other persons that had been entrusted toAttorney. Thereafter, Attorney rendered monthlyprogress reports and statements for services toClient after services were rendered, showing thebalance of Client ’s fee advance. However,Attorney did not withdraw any of the $5,000advance until one year later when the matter wasconcluded to Client’s complete satisfaction. At thattime, Attorney had billed Client reasonable legalfees of $4,500. Attorney wrote two checks on herClients’ Trust Account: one to herself for $4,500,which she deposited in her general office account,and one for $500 to Client.
Was Attorney’s conduct proper?
A. Yes, because Attorney deposited the funds inher Clients’ Trust Account.
B. Yes, because Attorney rendered periodic andaccurate billings.
C. No, because Attorney’s failure to withdraw herfees as billed resulted in an impermissiblecommingling of her funds and Client’s funds.
D. No, because Attorney required an advancedpayment against her fee.
55
Question 22.
Attorney Alpha, a member of the bar, placed aprinted flyer in the booth of each artist exhibitingworks at a county fair. The face of the flyer con-tained the following information:
“I, Alpha, am an attorney, with offices in 800Bank Building, telephone (555) 555-5555. Ihave a J.D. degree from State Law Schooland an M.A. degree in fine arts from StateUniversity. My practice includes representingartists in negotiating contracts betweenartists and dealers and protecting artists’interests. You can find me in the van parkedat the fair entrance.”
All factual information on the face of the flyer wascorrect. There was a retainer agreement on theback of the flyer. At the entrance to the fair, Alphaparked a van with a sign that read “Alpha—Attorney at Law.”
For which, if any, of the following is Alpha subjectto discipline?
I. Placing copies of the flyer in the booth of eachartist
II. Including a retainer agreement on the back ofthe flyer
III. Parking the van with the sign on it at the fairentrance
A. III onlyB. I and II, but not IIIC. I, II, and IIID. Neither I, nor II, nor III
56
Question 23.
Five years ago Attorney represented Seller in thesale of Seller’s home. Attorney has not represent-ed Seller since that time. Recently Attorney wasapproached by Partner, Seller’s partner in a ven-ture capital company formed two years ago.Partner and Seller have agreed to dissolve theirpartnership but cannot agree on the terms of thedissolution. Partner asked Attorney to sue Sellerfor an accounting of partnership assets.
If Attorney accepts the representation, is Attorneysubject to disqualification?
A. Yes, because the representation is directlyadverse to Seller.
B. Yes, unless at the time of the sale of Seller’shome, Seller agreed that Attorney would notsubsequently be precluded from representingother clients in suits against Seller.
C. No, because the partnership dissolution isunrelated to the sale of Seller’s home.
D. No, unless Seller sold the home while in thepartnership with Partner.
Question 24.
Judge, a judge in a criminal trial court of State,wishes to serve as guardian of her father, who hasbeen declared incompetent. Accepting the respon-sibilities of the position would not interfere with theperformance of Judge’s official duties. Althoughthe position in all likelihood would not involve con-tested litigation, it would be necessary for Judge toprepare and sign various pleadings, motions, andother papers and to appear in civil court on herfather’s behalf.
Would it be proper for Judge to undertake thisguardianship?
A. Yes, unless Judge receives compensation forher services as guardian.
B. Yes, because the position involves a closefamily member and will not interfere withJudge’s performance of her judicial duties.
C. No, because the position will require Judge toappear in court.
D. No, because the position will require Judge toprepare and sign pleadings, motions, andother papers.
Question 25.
Client hired Attorney Alpha to file a lawsuit againstClient’s former employer, Corp, for wrongful dis-charge. Alpha filed the suit in federal district courtbased upon three grounds. It turned out that aunanimous US Supreme Court decision hadrecently eliminated the third ground as a theoryavailable to plaintiffs in wrongful discharge cases.Attorney Beta, who represents Corp, filed a motionalleging that the complaint was based upon a theo-ry (the third ground) that is no longer supported byexisting law and cited the new decision. Within tendays after the filing of the complaint, Alpha with-drew the third ground and continued with the litiga-tion.
Is Alpha subject to litigation sanction?
A. Yes, unless Alpha discussed the adverse legalauthority with Client before filing the com-plaint.
B. Yes, because Alpha should have cited the USSupreme Court decision in the complaint.
C. No, because Alpha withdrew the third groundwithin ten days after filing the complaint.
D. No, unless Alpha knew or should have knownof the recent decision when the complaint wasfiled.
Answer Key
1. B 6. A 11. A 16. C 21. C
2. D 7. D 12. C 17. D 22. D
3. B 8. A 13. C 18. C 23. C
4. B 9. C 14. D 19. D 24. B
5. C 10. A 15. B 20. B 25. C
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A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
A B C D
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MPRE SampleAnswer Sheet
59
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Guidelines for Takingthe ExaminationPlease read the following guidelines carefully. Theyare designed to help you do your best on theMultistate Professional Responsibility Examination.
1. Listen closely to all directions. Do not hesitate toask questions if you do not understand what youare to do.
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3. Your responses must be marked on the answersheet if you are to receive credit for them.
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7. When you are unsure of the correct answer to aquestion, first eliminate every wrong answer youcan. Each wrong answer eliminated improves yourchances of selecting the correct answer.
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61
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