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2005Information
Booklet
Saturday, March 12, 2005Friday, August 12, 2005
Friday, November 4, 2005
NATIONAL CONFERENCE OF BAR EXAMINERS
Keep This Bookletfor ReferenceFor the following information, please write to the addressesshown below, or telephone between 8:30 A.M. and 5:00 P.M.Central Time, Monday through Friday.
Application and Administration
National Conference of Bar ExaminersMPRE Application Department301 ACT DriveP.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, andsignature.
National Conference of Bar ExaminersMPRE Records Department301 ACT DriveP.O. Box 451Iowa City, IA 52243-0451Phone 319/337-1304*
Other Correspondence and Inquiries
National Conference of Bar ExaminersMultistate Professional Responsibility Examination301 ACT DriveP.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 to becorrect at the time of publication. Since rules and policiesof jurisdictions change, applicants are advised to consultthe jurisdiction directly for the most current information.
© 2004, National Conference of Bar Examiners. All rightsreserved. No part of this publication may be reproduced ortransmitted in any form or by any means, electronic ormechanical, including photocopy, recording, or any infor-mation storage and retrieval system, without permissionin writing from the publisher. Printed in U.S.A.
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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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Reapplying to Take the Examination . . . . . . . . . . 7
The Application Process . . . . . . . . . . . . . . . . . . . . . 8
Application Instructions . . . . . . . . . . . . . . . . . . . . . . 9Online Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Paper Application Form. . . . . . . . . . . . . . . . . . . . . . . . 9Mailing Your Application Materials . . . . . . . . . . . . 13Test Center Admission Ticket/
Identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Test Center Codes for 2005. . . . . . . . . . . . . . . . . . . . 15
Test Center Information . . . . . . . . . . . . . . . . . . . . . 20Selecting a Test Center . . . . . . . . . . . . . . . . . . . . . . . 20Test Center Assignments . . . . . . . . . . . . . . . . . . . . . . 20Change of Test Center . . . . . . . . . . . . . . . . . . . . . . . . 20Time of Examination . . . . . . . . . . . . . . . . . . . . . . . . . 20Testing of Applicants with Disabilities . . . . . . . . . . 21Admission and Identification . . . . . . . . . . . . . . . . . . 25Test Center Regulations. . . . . . . . . . . . . . . . . . . . . . . 26Test Center Review . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Disruptions in Testing and Potential Compromises . . . . . . . . . . . . . . . . . . . 28Prohibited Behavior at the Test Center. . . . . . . . . . . 28Cancellation of Scores by NCBE . . . . . . . . . . . . . . . 29
Score Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Additional Score Report Requests . . . . . . . . . . . . . . 30Requests for Rechecking
of Answer Sheets . . . . . . . . . . . . . . . . . . . . . . . . . 31
Description of the Examination . . . . . . . . . . . . . . 31MPRE 2005 Subject Matter Outline. . . . . . . . . . . . . 34
Preparing for the MPRE . . . . . . . . . . . . . . . . . . . . . 36
Sample Examination Questions. . . . . . . . . . . . . . 37
Answer Sheet for Sample Questions . . . . . . . . . 58
Study Aids Available . . . . . . . . . . . . . . . . . . . . . . . . 59
MPRE Study Aids Order Form . . . . . . . . . . . . . . . 60
Guidelines for Taking the Examination . . . . . . . 61
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General InformationThe Multistate Professional Responsibility Examination(MPRE) is assembled and administered by ACT on behalfof the National Conference of Bar Examiners (NCBE).The MPRE is required for admission to practice law inmost U.S. jurisdictions. It is administered three times peryear at established test centers across the country.
The MPRE is based on the law governing the conduct oflawyers, including the disciplinary rules of professionalconduct currently articulated in the ABA Model Rules ofProfessional Conduct, the ABA Model Code of JudicialConduct, as well as controlling constitutional decisionsand generally accepted principles established in leadingfederal and state cases and in procedural and evidentiaryrules. A description of the content of the examination, sam-ple questions, and guidelines for taking the examinationare provided on pages 31–61 of this booklet.
Since the MPRE requirements vary from one jurisdic-tion to another, check with the board of bar examinersin each jurisdiction to which you intend to apply beforecompleting the enclosed materials. Examination resultswill be sent to you and to one jurisdiction of your choiceand will be kept on file in Iowa City, Iowa. For informationabout reports to additional jurisdictions, see page 30.
Test construction and administrative services for the MPREare provided by ACT, 301 ACT Drive, P.O. Box 4001,Iowa City, IA 52243-4001.
NCBE and its contractor (ACT) take steps that are intendedto ensure that exam registration materials are properly han-dled and processed, and that exams and answer sheets areproperly prepared, printed, handled, and scored. In theunlikely event that a mistake occurs in preparing, handling,processing, or scoring an exam, or in reporting scores,NCBE will correct the error, if possible, or permit theaffected examinee(s) either to retest at no additional fee orto receive a refund of his or her examination fee. Theseremedies are the exclusive remedies available to exam-inees for errors in preparing, handling, or processingregistration materials; in printing, handling, or pro-cessing exams and exam answer sheets; or in deter-mining or reporting scores.
Special NotesThe Multistate Professional Responsibility Examination(MPRE) is required for admission to the bars of all butthree U.S. jurisdictions. Passing scores, which are estab-lished by each jurisdiction, currently vary between 75 and85. Applicants are advised to contact the jurisdictionsdirectly for the most current information regarding pass-ing scores, rules, and policies. Websites for many of thejurisdictions can be accessed via the NCBE website usingthe following address: www.ncbex.org/offices.htm.
For those applicants applying on or before the regularreceipt deadline, the fee for the MPRE is $55.00. For thoseapplying after the regular receipt deadline, the fee is$110.00. Checks should be made payable to the NationalConference of Bar Examiners. The application fee is non-refundable. Application materials with insufficient orincorrect payment will be returned unprocessed.Corrected application materials that are resubmittedmust still meet the published application deadline forthe test date requested. Absolutely no applications willbe accepted after the late receipt deadline.
Applicants may register for the MPRE by mail or onlineat www.ncbex.org or www.act.org/mpre.
* * * * * *The Multistate Professional Responsibility Examination(MPRE) is owned by the National Conference of BarExaminers (NCBE) and is a secure examination protectedby U.S. copyright laws. NCBE strictly prohibits the copy-ing or reproduction of MPRE answers and questions ontomaterials that could be taken from the examination room.NCBE also strictly prohibits disclosing, orally, in writing,electronically, or otherwise, partial or whole MPRE answersor questions to any party during or after the examination.
NCBE will use every legal means available to protect itscopyrighted materials. Any unauthorized disclosure of theMPRE’s contents could result in civil liabilities, criminalpenalties, cancellation of test scores, denial of bar appli-cations on character and fitness grounds, and/or discipli-nary actions by bar authorities.
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2. Applicants may apply for the MPRE after the regularreceipt deadline but before the late application receiptdeadline by submitting the required materials with pay-ment of $110.00.
3. Materials must be received in the MPRE ApplicationDepartment in Iowa City by 5:00 P.M. Central Time onthe published deadline date. Online applications mustbe received by 12:00 midnight Central Time on the pub-lished deadline date.
4. Test center choices for applicants cannot be guaran-teed. Applicants are advised to submit materials early,as many test centers become full. Applicants are advisedthat extensive travel (i.e., to another city or perhaps toanother state) may be 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 after thelate application receipt deadline.
7. There is no provision for makeup testing. Applicantswho are unable to take the examination for which theyhave applied must reapply to take a later examination.
General Application Guidelines
1. Since the possibility exists that application materialsmay be lost in the mail, it is advisable to register onlineor mail application packets well in advance of the dead-line. This will allow time to check on the status of yourapplication prior to the deadline and, if necessary, toresolve any problems. NCBE cannot be responsible formaterials lost in the mail or online applications that arenot successfully submitted.
2. Hand-carried application materials must arrive at theMPRE Application Department in Iowa City by thepublished deadline or they will not be accepted. Thisincludes materials delivered by private (non-U.S. PostalService) courier.
Materials sent by courier (overnight carrier, etc.) shouldbe sent to:
MPRE Application Department301 ACT DriveIowa City, IA 52243Phone: 319/341-2500
Test Dates,Times, andApplication DeadlinesThe examination schedule is shown below.
Regular Application Late ApplicationTest Date Receipt Deadline Receipt Deadline
March 12, 2005* February 1, 2005 February 17, 2005August 12, 2005 July 5, 2005 July 21, 2005November 4, 2005 September 27, 2005 October 12, 2005
Paper applications must be received in the MPREApplication Department in Iowa City by 5:00 P.M. CentralTime. Online registration must be received before12:00 midnight Central Time.
The Multistate Professional Responsibility Examinationis two hours and five minutes in length. Applicants for theMarch exam must report to their assigned test center nolater than 9:00 A.M., and for the August and Novemberexams by 12:30 P.M.
*The March test date is on Saturday morning. An appli-cant whose religious beliefs preclude him or her from takingthe examination on Saturday, March 12, may apply to takethe MPRE on Sunday afternoon, March 13, 2005. Requeststo take the exam on Sunday must be in writing and mustinclude a letter from the applicant’s cleric confirming theapplicant’s affiliation with a recognized religious entitythat observes its Sabbath throughout the year on Saturday.This documentation must be received by the late applicationdeadline and must be sent with a copy of the onlineconfirmation received after submission of an onlineapplication or with a completed paper application.The applicant will be notified whether or not the requestis granted.
Application Guidelinesand Procedures1. The application receipt deadlines for each test date are
shown above. Applicants are encouraged to registeronline. Online applicants will be able to receive onlineAdmission Tickets and score reports. Application mate-rials received on or before the regular application datemust be accompanied by payment of $55.00. Do notsend cash. Materials received after this date will bereturned unless accompanied by a late application fee.
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or VISA only). Application materials that include insuf-ficient or improper payment will not be processed. ALLFEES ARE NON-REFUNDABLE.
For applications received on or before the regular receiptdeadline, the fee for the MPRE is $55.00. For those whoapply after the regular receipt deadline but before the lateapplication receipt deadline, the fee is $110.00. Fees foronline registration will be calculated automatically, basedon the date of submission. This fee entitles you to receivea copy of your scores and to have a copy sent to the boardof bar examiners of the jurisdiction you indicate on youranswer sheet on test day. A copy of your scores will alsobe kept 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 forthe current administration or any future MPRE examina-tion will not be released until all fees are paid in full.
Reapplying to Take the ExaminationIf, for some reason, you are unable to take the examina-tion on the test date for which you are scheduled and youwish to reschedule, or if you do not attain a passing scoreon the MPRE and you wish to take the MPRE again, youmust reapply for another scheduled examination. Todo so, you must complete a new Application Form and sub-mit it along with the full fee.
3. You may wish to receive acknowledgment of receipt ofyour application materials by NCBE. Online applicantswho successfully submit an application receive a con-firmation screen to print. Those applicants who enter avalid email address will also receive an electronic con-firmation within 48 hours of a successful submission ofthe online application. (In an effort to reduce unwantedemail [spam], many Internet service providers are intro-ducing various filtering techniques. Some of these fil-tering methods may block automatically generatedcorrespondence from @act.org. You may need to adjustyour filter settings accordingly.) If you do not registeronline, send a self-addressed, stamped postcard withyour application materials. The card will be returned toyou when your materials are processed. To ensure receiptof late application materials by the late-receipt deadline,you may wish to send materials by a traceable courierservice.
4. If you encounter problems during the application process(e.g., with application request, lost Admission Ticket,incorrect test center, difficulty with the online registra-tion system), it is your responsibility to contact theMPRE Application Department at the address or tele-phone number shown below.
National Conference of Bar ExaminersMPRE Application Department301 ACT DriveP.O. Box 4001Iowa City, IA 52243-4001Phone: 319/341-2500Office Hours: 8:30 A.M.–5:00 P.M. Central Time,
Monday–FridayEmail: [email protected]
5. If you will require testing accommodations becauseof a disability, see instructions on pages 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, payablein U.S. dollars and drawn on a bank in the United States.Checks should be made payable to the National Conferenceof Bar Examiners. Cash will not be accepted. Onlineregistrations must be paid with a credit card (MasterCard
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The Application ProcessThe materials in the application packet may be used inapplying for and taking the Multistate ProfessionalResponsibility Examination. (Applicants may also regis-ter online to take the MPRE.) This packet includes:
1. Application Form—scanned (read) by machine andused to assign applicants to test centers on theirrequested test dates.
2. The 2005 MPRE Information Booklet (this book-let)—includes information essential to applying forand taking the MPRE.
3. Preaddressed Envelope—used to return completedapplication materials.
A completed application packet will include a completedApplication Form, or successful submission of an onlineapplication, and the examination fee. (See pages 6–7 forfee information.)
When your application materials are received by the MPREApplication Department in Iowa City, Iowa, they will bechecked to ensure that all the necessary information is pre-sent. If it is, your materials will be processed and you willbe sent an Admission Ticket that will include the test dateand your assigned test center. The bottom of the AdmissionTicket will include a Photo Identification section, whichyou must complete and present at your assigned test cen-ter on the day of the examination.
If your application materials do not include the necessaryinformation, your materials will be returned to youunprocessed with an explanatory letter. Corrected appli-cation materials that are resubmitted must still meetthe published application deadline for the test daterequested.
Detailed instructions for completing the Application Formand Admission Ticket are on pages 9–19.
Application InstructionsTo apply for the MPRE, you must complete an applicationand submit it with the required fee.
Online Registration
Applicants may register at www.ncbex.org or atwww.act.org/mpre. The information to be entered on theonline registration system is the same as the paper appli-cation (see below) with the following additions:
• credit card information• an email address (optional)• user name and password
Applicants must use MasterCard or VISA for payment.Fees are calculated based on date of submission of the appli-cation. Applications will not be accepted after publisheddeadlines.
Paper Application Form
Your Application Form will be processed by an opticalscanner which will read and record the information youindicate by blackening ovals in the grid areas. Please fol-low closely these instructions for completing theApplication Form. Use a No. 2 pencil or a mechanicalpencil with HB lead. Do not use a pen. In each block,where required, clearly print the needed information in theboxes above the grid area. Then, in the column below eachbox containing a letter or number, blacken completely theoval containing the same letter or number. Below eachempty box, blacken the blank oval. Make your marks heavyand black. Avoid stray marks or smudges. Erase incorrectmarks completely. Study the sample completed ApplicationForm (Figures 1 and 2) and follow carefully the specificinstructions for 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 grid area.Then, in the column below each box, blacken either theoval containing the same letter as the box or the blank ovalbelow each empty box. You must blacken either the ovalcontaining the same letter as the box or the blank ovalin 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-163033-002:321 Printed in U.S.A.
NAMENAME AND MAILING ADDRESS(Use a soft lead No. 2 pencil only.)
Last Name MI
Last Name
City
© 2004 by ACT, Inc. All rights reserved.
First Name
SIDE 1
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DC E
F
MAILING ADDRESSLeave a space between parts of your address.
(House No. & Street & Apt. No.; or PO Box & No.; or RR & No.)
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. 045 081 050
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.
BLOCK C—MAILING ADDRESS (House No.; Street;“Apt” and No.; “PO Box” and No.; or “RR” and No.)—Beginning in the first box, print your mailing address, oneletter or number per box. Leave one empty box betweenthe parts of your address. Abbreviate if necessary. Then,in the column below each box, blacken either the oval con-taining the same letter or number as the box, or the blankoval below each empty box. Score reports will be mailedto the address gridded on your answer sheet.
For your convenience, a list of common abbreviations isprinted on page 10. If you experience difficulty in fillingout the Application Form because your address is too long,refer to this list. Long street names and words not in thelist usually can be abbreviated by omitting the vowels (a,e, i, o, u) and using only one of the double consonants, e.g.,VLG for VILLAGE.
BLOCK D—CITY—Beginning in the first box, print thename of the city where you now receive mail. Then, in thecolumn below each box, blacken either the oval contain-ing the same letter as the box or the blank oval below eachempty box.
BLOCK E—STATE CODE—In the State Code Key listat the bottom of the form (see page 12), find the 2-digitcode for the state where you now receive mail. Copy it inthe two boxes. Then blacken the appropriate oval in thecolumn below each box.
BLOCK F—ZIP CODE—In the boxes, record the 5-digit ZIP code for the address where you now receivemail. Then blacken the appropriate ovals. Failure to blackenthe correct ovals for your ZIP code will delay delivery ofyour test center Admission Ticket.
Side 2 (See Figure 2)
BLOCK G—SOCIAL SECURITY NUMBER—Printyour Social Security Number in the boxes above the gridarea. Then, in the column below each box, blacken the ovalfor 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 oval contain-ing the same number as in the box. This will enable theMPRE Application Department to reach you more quicklyif there are questions concerning your application.
1312
BLOCK J—DO YOU WRITE WITH RIGHT ORLEFT HAND?—This information is needed to arrangeappropriate seating for you. Blacken the oval for your response.
BLOCK K—TEST DATE—Blacken the oval for the testdate 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 in thisbooklet on pages 15–19. Locate the name of the test cen-ter where you wish to take the examination and copy thename and city into Block L.
Copy that test center’s corresponding 4-digit code numberinto the boxes in Block L. Copy the number exactly as itis listed. If the code for your test center begins with zero,enter the zero in the first column. Blacken the appropriateoval in the column below each box. Also indicate a sec-ond choice by entering the city, state, and 4-digit test cen-ter code into the appropriate spaces in Block M. Blocks Land M are the only places you will indicate your test cen-ter codes. Be sure you have entered them correctly.
Every effort will be made to assign you to the test centeryou select; however, assignment to a specific test centercannot be guaranteed.
BLOCK N—SIGNATURE AND DATE—Read the state-ment certifying that you have read the MPRE InformationBooklet. Then, sign and fill in the date.
Mailing Your Application Materials*
Fold your Application Form carefully the way it was foldedwhen you received it. Mail the completed form togetherwith the appropriate fee in the preaddressed envelope pro-vided. All application materials that are incomplete or thatcontain insufficient or improper payment will be returnedunprocessed. (See pages 6–7 for fee 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 at319/341-2500).
Figure 2
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SOCIAL SECURITYNUMBER
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DO YOUWRITE WITH
RIGHT OR LEFTHAND?
FOR OFFICEUSE ONLY
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1st CHOICE TEST CENTER 2nd CHOICE TEST CENTER
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March
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IG JH
MK
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L
•
NSIGNATURE AND DATE
I hereby certify that I have read the MPRE Information Booklet. I agree to comply with and be boundby the policies and procedures set forth in that booklet.
Your Signature (Do not print)
Today's Date
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.)
15
MAR AUG NOV CODE
14
ALABAMAX X X 0056 Birmingham, University of Alabama at BirminghamX X X 0003 Montgomery, Faulkner UniversityX X 0052 Tuscaloosa, University of Alabama
ALASKAX X X 6998 Anchorage, First United Methodist ChurchX X X 6995 Fairbanks, University of Alaska FairbanksX X X 0153 Juneau, University of Alaska SoutheastX X X 6992 Ketchikan, Alaska Bar Association
ARIZONAX X X 0092 Phoenix, Grand Canyon UniversityX 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 X 0132 Little Rock, Univ of Arkansas at Little Rock
CALIFORNIAX X X 0238 Alameda, College of Alameda
X X 0190 Clovis, San Joaquin College of LawX 0335 Glendale, Glendale Community College
X X 9711 Hayward, Hayward Centennial HallX X X 4598 La Jolla, University of California–San Diego
X X 9623 Lakewood, Centre at Sycamore PlazaX 4500 Long Beach, Long Beach City CollegeX X X 9988 Los Angeles, Los Angeles Convention Center
X 0387 Los Angeles, Southwestern University School of LawX 0448 Los Angeles, University of California at Los AngelesX X X 0470 Los Angeles, University of Southern CaliforniaX X X 0444 Oakland, Health Education CenterX X X 0158 Sacramento, American River CollegeX X X 1596 Sacramento, California State Univ–SacramentoX X X 9624 Sacramento, Doubletree Hotel SacramentoX X X 0443 San Diego, Alliant International UniversityX 0398 San Diego, San Diego State UniversityX X X 0394 San Diego, University of San DiegoX X X 9932 San Francisco, Hyatt Regency HotelX X X 0491 San Francisco, Nob Hill Masonic CenterX 9523 San Francisco, San Francisco State UniversityX X X 3366 San Marcus, Palomar College
COLORADOX X 0532 Boulder, University of Colorado at BoulderX 0535 Denver, Auraria Higher Education ComplexX X 0497 Littleton, Arapahoe Community CollegeX X X 0507 Westminster, Front Range Community College
CONNECTICUTX X 0564 Bridgeport, Bridgeport Holiday InnX 0563 Bridgeport, Housatonic Community Tech Coll
X X 0602 Hamden, Quinnipiac College School of LawX X X 9976 Hartford, Rensselaer at HartfordX X X 0593 New Haven, Southern Connecticut State UniversityX X X 0576 West Haven, University of New Haven
DELAWAREX X X 9916 Wilmington, Widener Univ School of Law
DISTRICT OF COLUMBIAX X 0648 Washington, American Univ–Wash Coll of Law
X X X 9513 Washington, Omni Shoreham HotelX X X 9604 Washington, Washington Plaza Hotel
Test Center Admission Ticket/Identification
You may register online at www.ncbex.org or atwww.act.org/mpre, or you may register by using a paperapplication. If you register online and provide a valid emailaddress, you will receive an email message providinginstructions and a link to access the printing of yourAdmission Ticket approximately five weeks before theexamination. (In an effort to reduce unwanted email [spam],many Internet service providers are introducing variousfiltering techniques. Some of these filtering methods mayblock automatically generated correspondence [email protected]. You may need to adjust your filter settingsaccordingly.) If you register by the regular receipt dead-line using the paper application, or if you register onlineand do not provide a valid email address, you will be sentyour Admission Ticket in the mail approximately fiveweeks before the examination. If you register by the latereceipt deadline, your Admission Ticket will be sent to youapproximately three weeks before the examination. If youencounter difficulties with the online access, or if you donot receive your Admission Ticket within three weeks ofthe examination, it is your responsibility to contact the MPRE Application Department at 319/341-2500 or [email protected].
When you receive your Admission Ticket, complete theidentification section on the bottom portion according tothe instructions provided on it. You must sign the ticketand attach a recent, representative, 2" x 2" passport-typephotograph of yourself. Photocopies of photographs willnot be accepted.
You must present your completed Admission Ticket withan additional current form of photo identification bearingyour signature on the day of the examination in order to beadmitted to the test center.
NCBE reserves the right to notify any board of bar exam-iners to which your score is reported if you fail to presentan Admission Ticket with a suitable photograph on it and/orif you fail to present an acceptable form of identificationthat includes a photograph.
Test Center Codes for 2005
National Conference of Bar ExaminersMultistate Professional Responsibility Examination
17
MAR AUG NOV CODE
16
MAR AUG NOV CODEMARYLAND
X 1845 Baltimore, Johns Hopkins UniversityX X X 1746 College Park, University of Maryland
X 9533 Gaithersburg, Hilton Washington DC NorthX 1723 Rockville, Montgomery CollegeX X X 9572 Rockville, University of Maryland System
MASSACHUSETTSX X X 9576 Boston, Executive Conf Ctr at BaysideX X X 9575 Boston, John Hancock Conference CenterX X X 1787 Boston, Wentworth Institute of TechnologyX X 1900 Bridgewater, Bridgewater State CollegeX X X 1840 Cambridge, Harvard University Law School
X X 9574 Dedham, Holiday Inn–DedhamX X 1790 Newton Center, Boston College Law SchoolX X X 9926 Quincy, Boston Marriott QuincyX X X 1910 Salem, Salem State CollegeX X X 1930 Springfield, Western New England College
MICHIGANX X X 1977 Ann Arbor, Concordia UniversityX X X 2067 Ann Arbor, Washtenaw Community College
X 9715 Detroit, Univ of Detroit-Mercy–Outer DriveX X 2060 Detroit, University of Detroit-MercyX X X 2032 East Lansing, Michigan State UniversityX X 9717 Lansing, Thomas M Cooley Law School
MINNESOTAX 2147 Minneapolis, Minneapolis Comm and Tech CollegeX X X 2156 Minneapolis, University of MinnesotaX X X 2103 Saint Paul, Travelodge Hotel & SummerfieldsX X 2102 Saint Paul, University of Saint ThomasX X X 2174 Saint Paul, William Mitchell College of Law
MISSISSIPPIX X X 2240 Holly Springs, Rust CollegeX 2245 Jackson, Belhaven CollegeX X X 2246 Jackson, Mississippi College School of Law
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 X 2464 Omaha, University of Nebraska at Omaha
NEVADAX 2496 Las Vegas, University of Nevada at Las VegasX X X 2498 North Las Vegas, Community College of Southern Nevada
NEW HAMPSHIREX X X 9923 Concord, Courtyard by Marriott
NEW JERSEYX X X 2598 Camden, Rutgers-Camden Law SchoolX X X 9545 Newark, Holiday Inn North Newark Airport
NEW MEXICOX X 5569 Albuquerque, Albuquerque T-V I A C CX X X 2650 Albuquerque, University of New Mexico
FLORIDAX X 0760 Coral Gables, University of Miami–Coral GablesX X 0768 Fort Lauderdale, Broward Community College
X X X 9535 Fort Lauderdale, Broward County Convention CenterX X X 0758 Gainesville, University of FloridaX X X 0740 Jacksonville, Jacksonville UniversityX X 0769 Pembroke Pines, Broward Comm Coll–Pines Center
X X 4948 Saint Petersburg, Stetson Univ College of LawX X X 0734 Tallahassee, Florida State UniversityX 4949 Tampa, Tampa Campus and Law Center
GEORGIAX 0872 Athens, University of GeorgiaX 0005 Atlanta, Atlanta Technical CollegeX 0810 Atlanta, Emory UniversityX X X 0826 Atlanta, Georgia State UniversityX X X 8270 Atlanta, Herzing CollegeX 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 9320 Lewiston, Lewis Clark State College
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 9605 Chicago, Chicago Bar AssociationX X X 0934 Chicago, City Colleges of ChicagoX X X 9553 Chicago, Holiday Inn City CentreX 1040 Chicago, Illinois Institute of TechnologyX 1156 Chicago, Kennedy King CollegeX 1030 Chicago, Loyola Univ Grad Sch of Business
X 1152 Chicago, Univ of ChicagoX 1010 Danville, Danville Area Community College
X X 1102 De Kalb, Northern Illinois University
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 SchoolX X X 1256 Valparaiso, Valparaiso University
IOWAX 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 Topeka
KENTUCKYX X X 9979 Lexington, Campbell House InnX X X 1556 Louisville, University of Louisville
LOUISIANAX X X 1590 Baton Rouge, Louisiana State UniversityX X X 1592 New Orleans, Loyola UniversityX X X 1591 New Orleans, University of New Orleans
MAINEX X 1644 Portland, University of Southern Maine
1918
MAR AUG NOV CODESOUTH CAROLINA
X X X 3880 Columbia, University of South CarolinaX X X 3888 West Columbia, Holiday Inn Columbia Airport
SOUTH DAKOTAX 9294 Pierre, Ramkota Hotel
X X X 3928 Vermillion, University of South Dakota
TENNESSEEX X X 4026 Knoxville, Univ of Tennessee at KnoxvilleX X 4008 Memphis, Rhodes CollegeX X 3992 Memphis, University of MemphisX X 3994 Murfreesboro, Middle Tennessee State University
X 9502 Nashville, Opryland HotelX X 4036 Nashville, Vanderbilt University
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 College
X 4101 Houston, Houston Baptist UniversityX 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 0004 Plano, Collin County Community CollegeX X X 4140 San Antonio, Our Lady of the Lake UniversityX X X 4158 San Antonio, Saint Mary's UniversityX X X 4062 Waco, Baylor University
UTAHX X X 4278 Orem, Utah Valley State CollegeX X 4266 Provo, Brigham Young UniversityX X X 4274 Salt Lake City, University of Utah
VERMONTX X 4325 Burlington, Champlain CollegeX X X 4324 South Royalton, Vermont Law School
VIRGINIAX 9529 Annandale, Northern Virginia Comm CollegeX X X 9578 Arlington, Crystal City MarriottX X 4412 Charlottesville, University of VirginiaX X X 4346 Petersburg, Richard Bland College–W & MX X X 4380 Richmond, Virginia Commonwealth University
WASHINGTONX X X 4484 Seattle, University of Washington
WEST VIRGINIAX X X 4540 Morgantown. West Virginia University
WISCONSINX 4557 Madison, Herzing CollegeX X 4558 Madison, Univ 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.
NEW YORKX X 2679 Albany, Albany Law SchoolX X X 2926 Albany, State Univ of New York at AlbanyX X 2812 Brooklyn, Medgar Evers CollegeX X X 9525 Brooklyn, NY Marriott Brooklyn Hotel
X X 2690 Buffalo, Canisius CollegeX X X 9546 Carle Place, Holiday Inn At WestburyX X X 2760 Hempstead, Hofstra University
X X 2961 Huntington, Touro Law SchoolX 9565 Ithaca, Clarion University HotelX 2888 Jamaica, Saint John’s University
X X 2839 New York, Armenian Church of AmericaX X X 2952 New York, Borough-Manhattan Community CollegeX 2564 New York, City Univ Of New York–Hunter CollegeX 2840 New York, Columbia UnivX X X 9472 New York, New York Law SchoolX X X 2838 New York, New York UniversityX 2939 Old Westbury, State Univ of New York–Old WestburyX X X 2861 Syracuse, Bryant Stratton Business InstX 2790 Syracuse, Le Moyne CollegeX X X 2847 Syracuse, Onondaga Community College
NORTH CAROLINAX 3081 Charlotte, Central Piedmont Community CollegeX X X 3132 Durham, North Carolina Central UniversityX 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 9519 Cleveland, Cleveland State UniversityX X X 3312 Columbus, Ohio State UniversityX X 3295 Dayton, Wright State UniversityX X X 3344 Toledo, University of Toledo
OKLAHOMAX X X 3390 Edmond, University of Central OklahomaX X X 3423 Oklahoma City, Oklahoma St Univ–Oklahoma CityX X X 3444 Tulsa, University of Tulsa
OREGONX 3482 Corvallis, Oregon State UniversityX X X 3490 Eugene, Lane County Community CollegeX X X 3498 Eugene, University of OregonX X X 3500 Portland, University of PortlandX X X 3493 Salem, Chemeketa Community College
PENNSYLVANIAX X X 3555 Harrisburg, Dixon University CenterX X X 3589 Harrisburg, Harrisburg Area Comm CollegeX X 3592 Philadelphia, Holy Family CollegeX 3593 Philadelphia, Lincoln Technical InstituteX X X 9706 Philadelphia, Sheraton University City HotelX X 3724 Philadelphia, Temple UniversityX X X 3560 Pittsburgh, Duquesne UniversityX X X 3734 Pittsburgh, University of PittsburghX X X 3676 Rosemont, Rosemont College
RHODE ISLANDX X X 3814 Bristol, Roger Williams Univ Sch Of Law
MAR AUG NOV CODE
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Testing of Applicants with Disabilities
The National Conference of Bar Examiners provides rea-sonable testing accommodations for MPRE examinees whohave a disability as defined in the Americans withDisabilities Act and who provide appropriate documen-tation in a timely manner.
Applicants with diagnosed physical, mental, sensory, orlearning disabilities may request accommodations such asa reader, someone to record answers, a separate testingroom, and/or extra testing time, as well as presentation ofthe material in Braille, large-print, or audio cassette for-mats. All requests are reviewed and, when warranted, rea-sonable accommodations will be provided in light of theapplicant’s specific disability. Applications with requestsfor accommodations are evaluated by qualified profes-sionals and, when appropriate, may also be submitted toindependent external review by specialists in the area ofthe disability. In determining whether an individual has adisability for which accommodations may be appropriate,the applicable standard under the ADA is whether the indi-vidual has an impairment that substantially limits him orher in a major life activity.
If you are requesting accommodations due to a disability,you must mail all the supporting documentation with acopy of the online confirmation received after submissionof an online application or with a completed paper appli-cation. All supporting documentation must be submittedeach time you apply for the MPRE, and must be receivedby the late application deadline.
1. You must provide your own written request for accom-modations, preferably in the form of a letter. Include adetailed description of your disability and indicate specif-ically the accommodations you believe are necessary foryou to take the MPRE. Include a telephone number whereyou can be reached during the day. You are encouragedto also provide a fax number and/or email address.
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 examination, orsimply for extra time, is not sufficient.
2. Include current (within the last five years) documenta-tion by your clinician, physician, or other qualifiedspecialist with training and experience appropriate todiagnose and treat your disability. This documentationmust set forth in detail the diagnosis, treatment provided,and the last date of treatment and/or consultation withthe qualified professional. It must also provide an
Test Center InformationThe Multistate Professional Responsibility Examinationwill be given on Saturday, March 12 (or Sunday, March 13,for exceptions due to religious practices—see page 4),Friday, August 12, and Friday, November 4, 2005, at theestablished centers listed on pages 15–19. Test centers maybe added or deleted from the list during the year.
Selecting a Test Center
In the appropriate spaces on the Application Form, you mustindicate your choice of test date and test center, includingboth the code and the name of the test center where theexamination is to be given. Selection of a test center doesnot guarantee assignment to that center. If your choices oftest centers are full, you will be assigned to a test center thatmay require additional travel.
Test Center Assignments
Test center assignments are made on a first-come, first-servedbasis. We will make every effort to assign you to your firstor second choice of test centers; however, if those centersare full at the time assignments are made, you will beassigned to an available center as close as possible to yourchoices. Occasionally, additional space or a new test centerwill be established after most assignments have been made.Applicants who have not yet been assigned to a space arethen placed in the new center.
Change of Test Center
If, after submitting your application materials, you find itnecessary to change test centers, you may request a changeby writing to the address on page 6 or by contacting theMPRE Application Department at 319/341-2500 or [email protected]. Test center changes will bemade if time and space permit; however, NCBE reservesthe right to limit changes when necessary.
Time of Examination
All applicants for the Saturday March exam must report tothe test center by 9:00 A.M., and for the Friday August andNovember exams by 12:30 P.M. Testing will begin as soonas all applicants have been checked in and seated. If youarrive after testing has begun, you will not be admit-ted. NCBE cannot be responsible if you are delayed orunable to reach the test center because of weather or roadconditions. Beginning and ending testing times may varydepending on the size of the test center and the number ofrooms used. Applicants can expect testing to be completed2-1/2 to 3 hours after the times noted above.
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appropriate instruments (e.g., Wechsler MemoryScale III, Delis-Kaplan Executive Function System,relevant subtests from the Woodcock-JohnsonPsychoeducational Battery III: Tests of CognitiveAbilities); and
• Other appropriate assessment measures to helpsupport a differential diagnosis or to disentangle thecognitive disability from co-existing neurologicaland/or personality disorders.
Please note: All tests must be reliable, valid, andstandardized for use with an adult population. Allstandard scores and percentiles (including subtests)must be provided. The diagnostician must provide aspecific diagnosis with an interpretation of tests beingprovided and show evidence that alternative expla-nations (e.g., poor motivation or study skills, culturalor language differences) can be ruled out.
5. For diagnosis of Attention Deficit/Hyperactivity Disorder(ADHD), relevant batteries as described above must beprovided to determine patterns supportive of attentionproblems. The diagnostician’s report must include areview of your history regarding each of the DSM-IVdiagnostic criteria for ADHD and specify which symp-toms that cause impairment were present in childhoodand which current symptoms have been present for atleast the past six months. Although self-reporting ofsymptoms and events is helpful, it is critical that infor-mation from other sources (e.g., health care professionals,relatives, teachers, school records, or employers) bepresented to evaluators and summarized in their report.
A well-written diagnostic summary, based on a com-prehensive evaluative process, is a necessary componentof the assessment. The clinical summary must include;
• a demonstration of the evaluator(s) having ruled outalternative explanations for the inattentiveness, impul-sivity, and/or hyperactivity;
• an indication of the patterns of symptoms across thelife span and settings used to determine the presenceof ADHD;
• an indication of the substantial limitation to learningpresented by ADHD and the degree to which itimpacts the individual in the context for whichaccommodation is being requested; and
• indications as to why specific accommodations areneeded and how the effects of ADHD symptoms, asdesignated by the DSM-IV, are mediated by theaccommodations.
explanation of the need for the requested accommoda-tion(s) and how the functional limitation of the disabil-ity relates to this test-taking activity. A description ofthe accommodations deemed appropriate should alsobe included. Your professional must also include a briefstatement of his/her qualifications and areas of specialty.
If additional testing time is requested, the documen-tation prepared by the diagnostician must state theprecise amount of additional time that is deemednecessary, as well as the rationale for the additionaltesting time requested.
3. Enclose documentation regarding accommodations thathave been made in the past, including elementary orsecondary school, during college, on the LSAT, in lawschool, and on any bar examinations. If you lack doc-umentation of accommodations or special assistanceyou received in elementary or secondary school,describe the accommodations in your request. Note,however, that the fact that an accommodation has beengranted on a previous occasion does not guarantee sim-ilar accommodations for the MPRE.
4. If an accommodation of extended time and/or a sepa-rate testing room is requested because of a disabilityaffecting cognitive functioning (e.g., LD or ADHD),the documentation must include all of the following:
• A description of the presenting problem(s) and theirdevelopmental history;
• A neuropsychological or psychoeducational evalu-ation with reports of aptitude assessments using acomplete comprehensive battery. Acceptable mea-sures include but are not limited to the WechslerAdult Intelligence Scale-III (WAIS-III), Woodcock-Johnson III: Tests of Cognitive Abilities, and theKaufmann Adolescent and Adult Intelligence Test;
• A complete and comprehensive achievement batteryincluding current levels of academic functioning inrelevant areas such as reading (decoding, rate, andcomprehension) and written language (e.g.,Woodcock-Johnson Psychoeducational Battery III: Testsof Achievement, the Scholastic Abilities Test for Adults).Screening tests such as the Wide Range AchievementTest and the Nelson-Denny Reading Test sometimesprovide useful supplementary information but cannot,in themselves, determine reading ability;
• An assessment of information processing (e.g.,short- and long-term memory, sequential memory,processing speed, executive functioning) using
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uate documentation submitted by examinees who requestaccommodations and to make the final judgment as to thesufficiency of the documentation.
You may contact NCBE to seek clarification on policiesregarding accommodation or to inquire about the statusof a pending request. During peak processing times(near application deadlines) it is generally preferable tocommunicate via fax to 319/337-1122 or email [email protected]. All accommodation decisions are basedon the written record. Requests for reconsideration/appealmust be in writing and should include information not pre-viously submitted.
NCBE is not responsible for administering or determiningthe criteria for state bar examinations, which are separateand discrete examinations from the MPRE. Policies fordetermining testing accommodations available to appli-cants with disabilities in admitting jurisdictions may varyfrom the policies used to provide accommodations for theMPRE. Any accommodations provided by NCBE are foradministration of the MPRE only and are in no way bind-ing on individual admitting jurisdictions. NCBE urges allapplicants to a state bar examination who may requireaccommodations because of a disability to ascertain theprocedure for requesting such accommodations for eachstate where they propose to sit for the bar examination.
Admission and Identification
Each applicant must present a test center Admission Ticketin order to be admitted to the test center. The identificationsection on the bottom of the Admission Ticket must becompleted, and a recent, representative 2" x 2" passport-type photograph of the applicant must be attached to it. If anAdmission Ticket is misplaced, contact the MPREApplication Department in Iowa City, Iowa, before the testdate. In all events, the 2" x 2" passport-type photograph isrequired.
The test center supervisor will inspect your AdmissionTicket to verify that it is for the correct test center and date,and that you have properly completed the identification por-tion of the Admission Ticket (including affixing a current2" x 2" passport-type photograph). You will also be askedfor your additional photo identification, such as a driver’slicense, passport, or school identification card, bearing yourphotograph and signature. Only applicants who have beenpositively identified will be admitted to the testing room.
Your test center Admission Ticket with your photographattached will be collected during the testing session andwill become part of your MPRE file.
6. If extended time is requested because of a visual dis-ability, a report of a complete ocular examination isrequired. It must include all test results, a descriptionof functional limitation, a discussion of the extent towhich the limitation has been or can be addressedthrough corrective devices, and a specific recommen-dation and rationale for accommodations. If you arelegally blind, documentation acknowledging this specif-ically (e.g., from a governmental agency or your eyedoctor) can substitute for a complete ocular exam.
The standard version of the MPRE is printed in 9.5-pointtype. The MPRE is also available to states in Braille, cas-sette, and large-print versions. Applicants approved forlarge-print test materials may request one of the followingtype sizes:
This is a sample of 9.5-point type (standard).
This is a sample of18–point type.
This is a sampleof 24-point type.
Apply as far as possible in advance of the deadline. Duringpeak time it may take 3–4 weeks to process the applica-tion and receive a reply. If you apply sufficiently early,NCBE may be able to communicate with you regardingomissions in your documentation in time for you to sendsupplemental material by the deadline. No new informa-tion will be accepted after the late registration deadline.
Send all materials together. Do not ask your physicianor other qualified professional, or any other individual oragency providing documentation, to send materials toNCBE separate from your application. Due to the numberof applications received, it is not possible to guarantee thatmaterials can be matched and that an applicant’s materi-als will be complete.
It is your responsibility to notify NCBE of the need foraccommodation at the time you apply for the examina-tion. Requests for accommodations that are received afterthe deadline for late registration will not be considered.Requests that are incomplete or not supported by appro-priate documentation by the late registration deadline willbe denied. NCBE reserves the right to independently eval-
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drink, beeping alarms, calculator watches, wristwatcheswith a picture-taking feature, pagers, cellular phones,books, notes, scratch paper, Palm Pilots or other hand-held computers, any type of personal digital assistantsor wireless email devices, rulers, calculators, cameras,radios, tape recorders, lapboards/deskboards, or aidsof any kind into the testing rooms. You may not weara hat, earplugs, or headphones. Any such materialsbrought by you must be collected by testing staff andreturned when you have completed the examinationand leave the testing room. You will not be permittedto take notes or use scratch paper; all such work mustbe done in the test booklets.
7. All test materials, including test books and answersheets, must be returned to the test supervisor aftertesting. You may not retain any test materials. Pagesor covers of test books are not to be torn out of orseparated from the test books in any way. You are notpermitted to duplicate or record, by copying, pho-tographing, or any other means, any part of the MPRE.
8. You will not be permitted to select your own seat. Thetest supervisor will assign you a seat in the testing room.
9. You will not be admitted to the testing room after test-ing has begun.
10. You should dress comfortably and be prepared for vary-ing room temperatures.
11. Access to the testing room will be restricted to test cen-ter personnel and examinees.
12. If you are unable to continue due to illness, you mustreturn the test booklet and answer sheet to the super-visor, who will mark your answer sheet VOID andindicate on the Testing Irregularity Report that youranswer sheet should not be scored. No special testingarrangements can be made for you in this situation. To apply for a subsequent examination, you mustcomplete all new application materials and pay theappropriate fee.
13. The Multistate Professional ResponsibilityExamination is part of the bar examination require-ment of participating jurisdictions and the same stan-dards of conduct by the applicants apply as if theexamination were being administered by a board ofbar examiners. NCBE reserves the right to report ques-tionable conduct in connection with the MPRE to theappropriate board of bar examiners.
14. See Guidelines for Taking the Examination on page 61.
NCBE reserves the right to notify any board of bar exam-iners to which your score is reported if you fail to presentan Admission Ticket with a suitable photograph on it and/orif you fail to present an acceptable form of identificationthat includes a photograph.
Test Center Regulations
The following regulations will be observed at all test centersin order to ensure uniform testing conditions and procedures.
1. In order to be admitted to the test center, you must pre-sent your test center Admission Ticket with your 2" x 2"passport-type photograph attached, as well as a currentform of identification bearing your photograph andsignature.
2. You must bring at least two No. 2 pencils or mechan-ical pencils with HB lead.
3. Your testing records are identified by your SocialSecurity Number. Make sure you know your SocialSecurity Number when you report to the test centersince this information is requested on the answer sheet.
If you do not blacken the ovals for your Social SecurityNumber on your answer sheet, you will be assignedan identification number for processing and record-keeping purposes. This number will appear on yourscore report in the space for Social Security Number.
4. You will have the opportunity to designate on youranswer sheet one board of bar examiners that you wishto receive your MPRE results.
If you do not blacken the ovals for a state board choiceon your answer sheet on test day, and later wish to haveyour scores sent to a board of bar examiners, you mustfollow procedures for an Additional Score Report andpay an additional fee (see page 30). Applicants to theDistrict of Columbia, please see page 31.
5. If you submitted a paper application or did not providea valid email address, your score report will be sent toyou at the address you provide on your answer sheet.You may abbreviate words in your address as appro-priate; however, if you have a lengthy address that doesnot fit in the space provided, or if you have an addressoutside of the USA or territory of the USA, you shouldalert the test supervisor to note that there may be aproblem with a machine-read address.
6. The only things you are permitted to bring into thetesting room are No. 2 pencils or mechanical pencilswith HB lead. For example, you may not take pens,highlighters, backpacks, purses, briefcases, food or
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academic achievement and skills, that examinees who dotheir own work are not unfairly disadvantaged by examineeswho do not, and that scores reported for each examinee arevalid. The following behaviors are prohibited:
• Looking at another examinee’s test booklet or answerdocument
• Giving or receiving assistance• Using any device to share or exchange information
during the test• Attempting to remove test materials or information,
including test questions or answers, from the testingroom by any means
• Using any unauthorized aids• Creating a disturbance or allowing an alarm, pager, or
phone to sound in the testing room• Filling in ovals after time has been called
Cancellation of Scores by NCBE
NCBE also reserves the right to cancel test scores whenthere is reason to believe the scores are invalid. Cases oftesting irregularities—such as falsification of one’s iden-tity, impersonation of another examinee (surrogate test-ing), unusual similarities in the answers of examinees, orother indicators that the test scores may not be valid—mayresult in the cancellation of test scores. When NCBEdecides to cancel test scores, it notifies the examinee beforetaking that action (except in cases of testing disruptions orcompromises discussed above). The notice includes infor-mation about the options available regarding the plannedscore cancellation, including procedures for appealing thecancellation decision. In any such appeal, the issue to bedecided is whether NCBE acted reasonably and in goodfaith in deciding to cancel the scores.
Score ReportsYour MPRE score report will be released to you and sentto the jurisdiction you requested (on your answer sheet)within five weeks of the examination date. The report willinclude your scaled score and will show the jurisdiction towhich you requested your scores should be sent. If you didnot request that your scores be sent to a jurisdiction, noindication will appear on your score report.
If you registered online and provided a valid email address,you will be sent an email message providing instructionsand a link to access the printing of your score report. (Inan effort to reduce unwanted email [spam], many Internetservice providers are introducing various filtering tech-
Test Center Review
At the end of the examination, you will be given the oppor-tunity to react to testing conditions by completing a TestCenter Review section. The responses of all applicants aregrouped together and evaluated to monitor and improvetesting conditions and procedures for future administra-tions. Responses to the Test Center Review are never linkedto individual applicants and will in no way affect your testscore. Written complaints about testing conditions or pro-cedures should be sent directly to:
National Conference of Bar ExaminersMPRE Test Administration (58)301 ACT DriveP.O. Box 168Iowa City, IA 52243-0168
Disruptions in Testing andPotential CompromisesNCBE and ACT take steps that are intended to ensure stan-dardized administration on the test day. If events occurwhich cause testing to be cancelled or interrupted, involvea mistiming on any part of the test, result in a deviationfrom required testing procedures, raise concerns about pos-sible advance access to an exam’s content by one or moreexaminees, and/or otherwise disrupt or compromise thenormal testing process or the validity of test scores, NCBEwill examine the situation and determine if corrective actionis warranted, including score cancellation(s) or nonscor-ing of answer documents. If NCBE, in its sole discretion,determines that action is warranted, each affected exami-nee will be offered the option either to retest at no addi-tional fee—normally on a future national test date—or toreceive a refund of his or her examination fee (unless theaffected examinees are found to have caused or beeninvolved in the conduct which resulted in the correctiveaction, in which event NCBE shall have the right to with-hold either or both of these options). If NCBE offers a retestand an examinee selects that option, the examinee mustretake the entire exam in order to produce a valid score.These remedies are the exclusive remedies available toexaminees affected by disruptions in testing or poten-tial compromises through prior access to an exam byone or more examinees.
Prohibited Behavior at the Test Center
NCBE’s test security procedures are designed to ensure thatexaminees have an equal opportunity to demonstrate their
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Your request should include your name, address, SocialSecurity Number, date of birth, test date, signature, andeach board of bar examiners you wish to have receive acopy of your scores. Enclose $15.00 for each board ofbar examiners you request. Checks should be madepayable to the National Conference of Bar Examiners.Additional score reports sent to individuals rather than aboard of bar examiners will be stamped “unofficial.” Checkwith the board to verify whether unofficial score reportsare acceptable.
Applicants to the District of Columbia (DC) should notrequest transfer of their MPRE scores to DC. Instead, appli-cants must provide DC with a copy of their MPRE scorereport when filing their application to DC.
Requests for Rechecking of Answer Sheets
A request to have your answer sheet rechecked must bemade in writing within three months of the original testdate. The request should include your name, address, SocialSecurity Number, birth date, test date, and signature. Sendyour written request to:
National Conference of Bar ExaminersMPRE Records Department301 ACT DriveP.O. Box 451Iowa City, IA 52243-0451
Description of theExaminationThe purpose of the NCBE Multistate ProfessionalResponsibility Examination (MPRE) is to measure theexaminee’s knowledge and understanding of establishedstandards related to a lawyer’s professional conduct; thus,the MPRE is not a test to determine an individual’s per-sonal ethical values. Lawyers serve in many capacities: forexample, as judges, as advocates, counselors, and in otherroles. The law governing the conduct of lawyers in theseroles is applied in disciplinary and bar admission proce-dures, and by courts in dealing with issues of appearance,representation, privilege, disqualification, contempt orother censure, and in lawsuits seeking to establish liabil-ity for malpractice, and other civil or criminal wrongs com-mitted by a lawyer while acting in a professional capacity.
The law governing the conduct of lawyers is based on thedisciplinary rules of professional conduct currently artic-ulated in the American Bar Association (ABA) Model
niques. Some of these filtering methods may block auto-matically generated correspondence from @act.org. Youmay need to adjust your filter settings accordingly.) If youregistered using the paper application, or if you registeredonline and did not provide a valid email address, your scorereport will be mailed to you. If you encounter difficultieswith the online access, or if you do not receive your scorereport, contact the MPRE Records Department at 319/337-1304 or at [email protected].
Each jurisdiction has the authority to determine its ownpassing score. You should check with the board of barexaminers in the jurisdiction to which you requested yourscores be sent to see what minimum scaled MPRE scorehas been established as a passing score. Websites for manyof the jurisdictions can be accessed via the NationalConference of Bar Examiners website using the followingaddress: www.ncbex.org/offices.htm.
Your scaled score is a standard score. The standard scorescale ranges from 50 (low) to 150 (high). The mean (aver-age) scaled score was established at 100, based upon theperformance of the examinees who took the MPRE inMarch 1999.
The conversion of raw scores to scaled scores involves astatistical process that adjusts for variations in the difficultyof different forms of the examination so that any particularscaled score will represent the same level of knowledgefrom test to test. For instance, if a test were more difficultthan previous tests, then the scaled scores on that test wouldbe adjusted upward to account for this difference. If a testwere easier than previous tests, then the scaled scores onthe test would be adjusted downward to account for this dif-ference. The purpose of these adjustments is to help ensurethat no examinee is unfairly penalized (or rewarded) fortaking a more (or less) difficult form of the test.
Keep your score report for your records. You may be askedto produce it during the bar application process (as in theDistrict of Columbia).
Additional Score Report Requests
Additional score reports are available after the examina-tion for a fee of $15.00 per report. Written requests forscore reports should be sent to:
National Conference of Bar ExaminersMPRE Records Department301 ACT DriveP.O. Box 451Iowa City, IA 52243-0451
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tion may include the text of a local statute or rule that mustbe considered when answering that question. Amendmentsto the MRPC or the CJC will be reflected in the examina-tion no earlier than one year after the approval of theamendments by the American Bar Association.
Each question contained in the MPRE provides a factualsituation along with a specific question and four possibleanswer choices. Examinees should pick the best answerfrom the four possible answer choices. Each question mayinclude, among others, one of the following key words orphrases:
1. “Subject to discipline” asks whether the conductdescribed in the question would subject the lawyer todiscipline under the provisions of the ABA Model Rulesof Professional Conduct. In the case of a judge, the testquestion also asks whether the judge would be subjectto discipline under the ABA Model Code of JudicialConduct.
2. “May” or “proper” asks whether the conduct referredto or described in the question is professionally appro-priate in that it:a. would not subject the lawyer or judge to discipline;
andb. is not inconsistent with the Preamble, Comments,
or text of the ABA Model Rules of ProfessionalConduct or the ABA Code of Judicial Conduct; and
c. is not inconsistent with generally accepted princi-ples of the law of lawyering.
3. “Subject to litigation sanction” asks whether the con-duct described in the question would subject the lawyeror the lawyer’s law firm to sanction by a tribunal suchas contempt, fine, fee forfeiture, disqualification, orother sanction.
4. “Subject to disqualification” asks whether the conductdescribed in the question would subject the lawyer orthe lawyer’s law firm to disqualification as counsel ina civil or criminal matter.
5. “Subject to civil liability” asks whether the conductdescribed in the question would subject the lawyer orthe lawyer’s law firm to civil liability, such as claimsarising from malpractice, misrepresentation, and breachof fiduciary duty.
6. “Subject to criminal liability” asks whether the conductdescribed in the question would subject the lawyer tocriminal liability for participation in, or aiding and abet-ting criminal acts, such as prosecution for insurance andtax fraud, destruction of evidence, or obstruction of justice.
Rules of Professional Conduct and the ABA Model Codeof Judicial Conduct, as well as on controlling constitutionaldecisions and generally accepted principles established inleading federal and state cases and in procedural andevidentiary rules.
The MPRE is developed by a six-member DraftingCommittee comprised of recognized experts in the area ofprofessional responsibility. Before a test item is selectedfor inclusion in the MPRE, it undergoes a multistage reviewprocess that occurs over the course of several years beforethe test is administered. Besides intensive reviews by theDrafting Committee and testing specialists, each test itemis reviewed by other national and state experts. All testitems must successfully pass all reviews before they areincluded in the MPRE. After an MPRE is administered,the statistical performance of each test item is reviewedand evaluated by content and testing experts before theitems are included in the computation of examinees’ scores.This final statistical review is conducted to ensure that eachtest item is accurate and psychometrically sound.
The MPRE consists of a total of 60 multiple-choice testitems. There are 50 scored items and 10 non-scored pretestitems. Since pretest items are indistinguishable from thosethat are scored, it is important that examinees answer allthe items in the examination. These items are followed by10 Test Center Review items that request the examinee’sreactions to the testing conditions. The examination is twohours and five minutes in length.
Test items covering judicial ethics measure applicationsof the ABA Model Code of Judicial Conduct (CJC). Otheritems will deal with discipline of lawyers by state disci-plinary authorities; in these items, the correct answer willbe governed by the current ABA Model Rules ofProfessional Conduct (MRPC). The remaining items, out-side the disciplinary context, are designed to measure anunderstanding of the generally accepted rules, principles,and common law regulating the legal profession in theUnited States; in these items, the correct answer will begoverned by the view reflected in a majority of cases,statutes, or regulations on the subject. To the extent thatquestions of professional responsibility arise in the con-text of procedural or evidentiary issues, such as the avail-ability of litigation sanctions or the scope of theattorney-client evidentiary privilege, the Federal Rules ofCivil Procedure and the Federal Rules of Evidence will beassumed to apply, unless otherwise stated.
As a general rule, particular local statutes or rules of courtwill not be tested in the MPRE. However, a specific ques-
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D. Entering into Business Transactions with ClientE. Conflicting Interests—Prospective Clients,
Current Clients and Former ClientsF. Influence by Persons Other than ClientG. Imputed DisqualificationH. Lawyer’s Service as Arbitrator, Mediator, or Judge
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. Authority to Act for ClientB. Civility, Courtesy, and DecorumC. Conduct in the Course of Litigation—Claims,
Defenses, Testimony, and EvidenceD. Client Fraud and Perjury by a Client or WitnessE. Communications in Course of Representation
VII. Different Roles of the Lawyer (4–8%)A. Lawyer as AdvisorB. Lawyer as EvaluatorC. Lawyer as NegotiatorD. Lawyer as Arbitrator, Mediator, or Other Third-
Party NeutralE. Special Obligations of the Lawyer in Public
ServiceF. Appearances before Legislative Bodies
VIII. Safekeeping Property and Funds of Clients andOthers (4–8%)A. Lawyer as Trustee of Funds of Client or Third
PersonsB. Lawyer as Custodian of Property of Client or
Third PersonsC. 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 Legal SystemB. Impropriety Incident to Public Service
When a question refers to discipline by the “bar,” “statebar,” or “appropriate disciplinary authority,” it refers to theagency in the jurisdiction with authority to administer thestandards for admission to practice and for maintenance ofprofessional competence and integrity. Whenever a lawyeris identified as a “certified specialist,” that lawyer has beenso certified by the appropriate agency in the jurisdiction inwhich the lawyer practices. The phrases “informed con-sent” and “consent after consultation” are to be interpretedas having the same meaning.
MPRE 2005 Subject Matter Outline
The following subject matter outline indicates the 2005examination’s scope of coverage and the approximatepercentage of items that are included in each major area.The outline is not intended to list every aspect of a topicmentioned. Although the test items for each MPRE aredeveloped from these categories, each topic is not neces-sarily tested on each examination.
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 Practice of LawF. Fee Division with a Non-LawyerG. Law Firm and Other Forms of PracticeH. Contractual Restrictions on Practice
II. The Client-Lawyer Relationship (10–14%)A. Acceptance or Rejection of ClientsB. Scope, Objective, and Means of the RepresentationC. Within the Bounds of the LawD. WithdrawalE. Client-Lawyer ContractsF. Fees
III. Privilege and Confidentiality (6–10%)A. Lawyer-Client Privilege and the Work Product
DoctrineB. Professional Obligation of ConfidentialityC. Client-Authorized DisclosureD. Exceptions to ConfidentialityE. Special Problems
IV. Independent Professional Judgment—Conflicts ofInterest (12–16%)A. As Affected by Lawyer’s Personal InterestB. Lawyer as WitnessC. Acquiring an Interest in Litigation
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Sample ExaminationQuestionsThis section provides examples of test questions similar tothose contained in the MPRE. Read and answer them tofamiliarize yourself with the kinds of questions containedin the examination. A sample answer sheet is provided onpage 58.
Each question has four responses from which you are toselect the best one. During the examination, when you havechosen the response you feel is best, find the row of ovalson your answer sheet with the same number as the ques-tion you are answering. Then find the oval in the row withthe same letter as your answer. Blacken the oval completely.For example, if you choose response B for question 3,blacken oval B in the row of ovals next to the number 3 onyour answer sheet. Choose only one answer for each ques-tion. Use a No. 2 pencil or a mechanical pencil with HBlead and make your marks heavy and black. Mark all youranswers on the separate answer sheet.
The questions in the MPRE may include qualifications aspart of the alternative responses. These qualifications maybe essential to the correctness of the response or responsesin which they appear and thus to the correct answer to thequestion. Consequently, you should read each question thor-oughly before you select a response.
Your score on the MPRE will be based on the number ofquestions you answer correctly. Thus, it is to your advan-tage to answer every question. Do not spend too much timeon any one question. Work steadily and as quickly as youcan. If you cannot answer a question, leave it and go on tothe next question. You may then return to all unansweredquestions if you finish before time has expired.
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 additional sam-ple questions may be obtained from the NationalConference of Bar Examiners for $17.50. An order formfor this study aid is on page 60.
Students who have taken and reviewed a two- or three-credit law school survey course in ProfessionalResponsibility should be reasonably well prepared to takethe MPRE. However, for those wishing to engage in addi-tional preparation, there are numerous sources availablefor consultation, including the American Bar Association’sAnnotated Model Rules of Professional Conduct and theAmerican Law Institute’s Restatement of the LawGoverning Lawyers, as well as treatises collecting and dis-cussing the authorities.
The ABA Model Rules of Professional Conduct and the ABA Model Code of Judicial Conduct are availablefrom the American Bar Association Service Center at 321 North Clark Street, Chicago, IL 60610 (312/988-5522 or 1-800/285-2221). The website at which these publications may be purchased is www.abanet.org/cpr/publications.html.
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Question 3.
Attorney represents Chemco, a producer of chemicalproducts. Some of the waste products of Chemco’smanufacturing are highly toxic and are likely to causeserious immediate physical harm if disposed of improp-erly. Pres, president of Chemco, recently informedAttorney that a new employee mistakenly disposed ofthe waste products in the ground behind the companyplant, an area that is part of the source of the city’swater supply. Attorney advised Pres that Chemco couldbe liable for negligence in lawsuits brought by any per-sons harmed by the waste products. As a result,Attorney advised Pres to immediately report the prob-lem to city authorities. Fearful of adverse publicity, Presdeclined to do so. Attorney further advised Pres that shebelieved Pres’s decision was immoral. Pres continued todecline to report the matter. Attorney then informedPres that she was withdrawing from the representationand would inform the authorities herself. Immediatelyafter withdrawing, Attorney reported Chemco’s conductto the authorities.
Is Attorney “subject to discipline”?
A. Yes, because the information was given toAttorney in confidence and may not be revealedwithout the client’s consent.
B. Yes, unless Chemco’s conduct was criminal.C. No, because Attorney reasonably believed that
Chemco’s disposal of the waste products was likelyto cause serious physical harm.
D. No, because Attorney reasonably believed that Preswas pursuing an imprudent course of conduct.
Question 1.
Attorney Alpha represents Wife in a marriage dissolu-tion proceeding that involves bitterly contested issues ofproperty division and child custody. Husband is repre-sented by Attorney Beta. After one day of trial,Husband, through Beta, made a settlement offer.Because of Husband’s intense dislike for Alpha, theproposed settlement requires that Alpha agree not torepresent Wife in any subsequent proceeding, broughtby either party, to modify or enforce the provisions ofthe decree. Wife wants to accept the offer, and Alphabelieves that the settlement offer made by Husband isbetter than any award Wife would get if the case went tojudgment.
Is it “proper” for Alpha to agree that Alpha will not rep-resent Wife in any subsequent proceeding?
A. Yes, because the restriction on Alpha is limited tosubsequent proceedings in the same matter.
B. Yes, if Alpha believes that it is in Wife’s bestinterests to accept the proposed settlement.
C. No, because the proposed settlement would restrictAlpha’s right to represent Wife in the future.
D. No, unless Alpha believes that Wife’s interests canbe adequately protected by another lawyer in thefuture.
Question 2.
Client was an experienced oil and gas developer. Clientasked Attorney for representation in a suit to establishClient’s ownership of certain oil and gas royalties.Client did not have available the necessary funds to payAttorney’s reasonable hourly rate for undertaking thecase. Client proposed instead to pay Attorney an amountin cash equal to 20% of the value of the proceedsreceived from the first year royalties Client might recov-er as a result of the suit. Attorney accepted the proposaland took the case.
Is Attorney “subject to discipline”?
A. Yes, because the agreement gave Attorney a pro-prietary interest in Client’s cause of action.
B. Yes, unless the fee Attorney receives does notexceed that which Attorney would have receivedby charging a reasonable hourly rate.
C. No, because Client rather than Attorney proposedthe fee arrangement.
D. No, because Attorney may contract with Client fora reasonable contingent fee.
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Question 5.
Attorney agreed to represent Able, a client, in bringing alawsuit. Attorney and Able executed Attorney’spreprinted retainer form that provides, in part:
“The client agrees to pay promptly Attorney’sfees for services. In addition, the client andAttorney agree to release each other from any andall liability arising from the representation. Theclient agrees that Attorney need not return theclient’s file prior to receiving the client’s execut-ed release. Attorney agrees to return the client’sfile promptly upon receipt of all fees owed and ofthe client’s executed release.”
During their initial meeting, Attorney recommendedthat Able consult independent counsel before signingthe retainer agreement, but Able chose not to do so.Attorney reasonably believes that his fee is fair and thatthe quality of his work will be competent.
Is Attorney’s retainer agreement with Able “proper”?
A. Yes, because Attorney furnished consideration byagreeing to release Able from liability and to returnAble’s files.
B. Yes, because Attorney reasonably believes that hisfee is fair and that the quality of his work will becompetent.
C. No, because Attorney is attempting to limitprospectively his liability for malpractice.
D. No, because Attorney uses a preprinted form for allretainers.
Question 4.
Attorney, a member of the state legislature, is allowedto engage in private practice under state law. Attorneyrepresents Plaintiff in a personal injury case. Attorneyreasonably believes that the trial of the case will last atleast two weeks. When the case was first scheduled fortrial, Attorney requested a continuance, truthfully stat-ing, “As the court knows, I am a member of the legisla-ture, which will be going into special session next week.Because of my legislative duties, I must be in the statecapitol for the duration of the session.” The defendantobjected to the continuance, but the court granted it.
Is Attorney “subject to discipline”?
A. Yes, because the defendant objected to the continu-ance.
B. Yes, because Attorney used her public position toinfluence a tribunal.
C. No, because Attorney’s statements to the courtwere truthful.
D. No, unless the continuance will give Plaintiff anadvantage in the litigation.
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Question 7.
Attorney represented Client in a personal injury actionagainst the driver of the car in which Client was injuredwhile a passenger. The personal injury action was set-tled, and Attorney received a check in the amount of$10,000 payable to Attorney. Attorney deposited thecheck in her Clients’ Trust Account.
One day later, Attorney received a letter from Bank,which had heard of the settlement of the personal injurylawsuit. Bank informed Attorney that Client had failedto make his monthly mortgage payments for the lastthree months and demanded that Attorney immediatelyrelease $900 of the proceeds of the settlement to Bankor Bank would institute mortgage foreclosure proceed-ings against Client. Attorney informed Client of Bank’sletter. Client responded:
“I don’t care what Bank does. The property isessentially worthless, so let Bank foreclose. IfBank wants to sue me, I’ll be easy enough tofind. I don’t think they’ll even bother. You justtake your legal fees and turn the rest of the pro-ceeds over to me.”
Is Attorney “subject to discipline” if she followsClient’s instructions?
A. Yes, if Client does not dispute the $900 debt toBank.
B. Yes, because Attorney knew that Client was plan-ning to force Bank to sue him.
C. No, unless Attorney had reason to believe thatClient would not have sufficient funds to pay anysubsequent judgment obtained by Bank.
D. No, because Bank has no established right to thespecific proceeds of Client’s personal injury judgment.
Question 6.
Last year, Able’s house was severely damaged when alarge tree in neighbor Baker’s yard toppled onto Able’sroof and porch. Attorney Alpha has filed suit againstBaker on Able’s behalf, to recover over $40,000 indamages.
Baker was represented by Attorney Beta, who has beenuncooperative. When Alpha communicated Able’ssettlement offer to Beta, Beta said he would consider it.However, Beta did not respond further to Alpha, andAlpha suspected that Beta did not even communicatethe offer to Baker. When Alpha reported this to Able,Able said, “Why can’t I talk to Baker directly?” Alpharesponded to Able:
“Maybe the lawyers are getting in the way here.You two are neighbors; you could ask Bakerdirectly if he doesn’t want to put an end to thisunpleasantness. As I told you, our case is strongon the law, but nothing is a dead certainty—that’swhy you agreed to make the settlement offer.”
Is Alpha “subject to discipline”?
A. Yes, because Alpha suggested that Able communi-cate about the subject matter of the representationwith a person known to be represented by anotherlawyer.
B. Yes, unless Beta had indeed failed to inform Bakerof Able’s settlement offer.
C. No, because Able and Baker may communicatewith each other.
D. No, because by entering into settlement negotia-tions, Beta impliedly consented to direct communi-cations with Baker.
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Question 9.
Attorney was engaged under a general retainer agree-ment to represent Corp, a corporation involved in theuranium industry. Under the agreement, Attorney han-dled all of Corp’s legal work, which typically involvedregulatory issues and litigation.
Corp told Attorney that a congressional committee washolding hearings concerning the extent of regulation inthe copper industry. Because Corp was considering buy-ing a copper mine during the next fiscal year, Corpwanted Attorney to testify that the industry was overreg-ulated. Attorney subsequently testified before the rele-vant congressional committee. Attorney registered hisappearance under his own name and did not disclosethat he was appearing on behalf of a client. Afterward,Attorney billed Corp for fees and expenses related to histestimony.
Was Attorney’s conduct “proper”?
A. Yes, because the duty of confidentiality preventedAttorney from disclosing the identity of his client.
B. Yes, because the attorney-client evidentiary privi-lege prevented disclosure of the identity of hisclient in this context.
C. No, because Attorney failed to disclose that he wasappearing and testifying in a representativecapacity.
D. No, because Attorney accepted compensation inreturn for his testimony.
Question 8.
Attorney represents Client in an action by Client againstPartner, Client’s former partner, to recover damages forbreach of contract. During the representation, Clientpresented Attorney with incontrovertible proof thatPartner committed perjury in a prior action which wasresolved in Partner’s favor. Neither Attorney nor Clientwas involved in any way in the prior action. Attorneybelieves that it would be detrimental to Client’s bestinterests to reveal the perjury because of the implicationthat might be drawn from the former close personal andbusiness relationship between Client and Partner.
Would it be “proper” for Attorney to disclose the per-jury to the tribunal?
A. Yes, because the information is unprivileged.B. Yes, because Attorney has knowledge that Partner
perpetrated a fraud on the tribunal.C. No, because neither Client nor Attorney was
involved in the prior action.D. No, because Attorney believes that the disclosure
would be detrimental to Client’s best interests.
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Question 12.
Attorney, who had represented Testator for many years,prepared Testator’s will and acted as one of the two sub-scribing witnesses to its execution. The will gave 10%of Testator’s estate to Testator’s housekeeper, 10% toTestator’s son and sole heir, Son, and the residue tocharity. Upon Testator’s death one year later, Executor,the executor named in the will, asked Attorney to repre-sent him in probating the will and administering theestate. At that time Executor informed Attorney thatSon had notified him that he would contest the probateof the will on the grounds that Testator lacked therequired mental capacity at the time the will was execut-ed. Attorney believes that Testator was fully competentat all times and will so testify, if called as a witness. Theother subscribing witness to Testator’s will predeceasedTestator.
Is it “proper” for Attorney to represent Executor in theprobate of the will?
A. Yes, because Attorney is the sole surviving witnessto the execution of the will.
B. Yes, because Attorney’s testimony will support thevalidity of the will.
C. No, because Attorney will be called to testify on acontested issue of fact.
D. No, because Attorney will be representing an inter-est adverse to Testator’s heir at law.
Question 10.
Judge is one of three trustees of a trust for the educa-tional benefit of her grandchildren. The trust owns 5,000shares of stock in Big Oil Company. The stock has beenselling for the past year at $10 per share. Big Oil issuing Oil Refining Company for breach of an oil refin-ing agreement, and the case is assigned to Judge fortrial. Judge believes that she can be fair and impartial.
“Should” Judge disqualify herself from the case?
A. Yes, because the trust has more than a de minimusfinancial interest in Big Oil Company.
B. Yes, unless the outcome of the lawsuit is unlikelyto affect the value of the stock.
C. No, unless Judge personally owns stock in eitherparty to the litigation.
D. No, because Judge believes she can remainimpartial.
Question 11.
Attorney Alpha represented Plaintiff in a civil suitagainst Deft, who was represented by Attorney Beta. Inthe course of developing Plaintiff’s case, Alpha discov-ered evidence that she reasonably believed showed thatDeft had committed a crime. Alpha felt that Deft’scrime should be reported to local prosecutorial authori-ties. After full disclosure, Plaintiff consented to Alpha’sdoing so. Without advising Beta, Alpha informed thelocal prosecutor of her findings, but she sought noadvantage in the civil suit from her actions. Deft wassubsequently indicted, tried, and acquitted of theoffense.
Was Alpha’s disclosure to prosecutorial authorities“proper”?
A. Yes, because Alpha reasonably believed Deft wasguilty of a crime.
B. Yes, because Alpha was required to report unprivi-leged knowledge of criminal conduct.
C. No, because Alpha did not advise Beta of her dis-closure before making it.
D. No, because Plaintiff’s civil suit against Deft wasstill pending.
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Question 14.
Judge needed to obtain a loan to be secured by a secondmortgage on his house. Bank offered him a loan at avery favorable interest rate. The vice-president at Banktold Judge:
“Frankly, we normally don’t give such a largeloan when the security is a second mortgage, andyour interest rate will be 2% less than we chargeour other customers. But we know that yoursalary is inadequate, and we are giving you spe-cial consideration.”
Is it “proper” for Judge to accept the loan?
A. Yes, if Judge does not act in any case involvingBank.
B. Yes, if Bank is not likely to be involved in litiga-tion 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 interestrate were not available to persons who were notjudges.
Question 15.
Law Firm has 300 lawyers in 10 states. It has placed thesupervision of all routine administrative and financialmatters in the hands of Admin, a nonlawyer. Admin ispaid a regular monthly salary and a year-end bonus of1% of Law Firm’s net income from fees.Organizationally, Admin reports to Attorney, who is themanaging partner of Law Firm. Attorney deals with allissues related to Law Firm’s supervision of the practiceof 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 nonlawyer in
the unauthorized practice of law.
Question 13.
Attorney Alpha is defending Bigco against a lawsuitbrought in federal court by Plaintiff, a consumer injuredby one of Bigco’s products. Plaintiff is seeking bothcompensatory and punitive damages. During discovery,Plaintiff’s lawyer served a set of interrogatories onBigco, including requests for financial data of Bigco.
Pres, president of Bigco, directed Alpha to resist provid-ing this information, although Alpha has informed himthat, under the rules of discovery, Plaintiff is entitled tothe information requested. Pres then demanded thatAlpha assert that the information is confidential, privi-leged, work product, and a trade secret, but Alpha cor-rectly informed him that it was well settled that suchclaims would be regarded as frivolous by the courts.Pres nonetheless directed Alpha to file objections on thebases stated, so that at least Plaintiff will have to incurthe expense of compelling discovery. Alpha filed theobjections as directed 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
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Question 18.
Attorney has a highly efficient staff of paraprofessionallegal assistants, all of whom are graduates of recognizedlegal assistant educational programs. Recently, thestatute of limitations ran against a claim of a client ofAttorney’s when a legal assistant negligently misplacedClient’s file and suit was not filed within the time per-mitted by law.
Which of the following correctly states Attorney’s pro-fessional responsibility?
A. Attorney is “subject to civil liability” and is also“subject to discipline” on the theory of respondentsuperior.
B. Attorney is “subject to civil liability” or is “subjectto discipline” at Client’s election.
C. Attorney is “subject to civil liability” but is NOT“subject 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 personallywas not negligent.
Question 16.
Attorney experienced several instances when clientsfailed to pay their fees in a timely manner, but it was toolate in the representation to withdraw without prejudic-ing the clients. To avoid a recurrence of this situation,Attorney has drafted a stipulation of consent to with-draw if fees are not paid according to the fee agreement.She proposes to have all clients sign the stipulation atthe outset of the representation.
Is it “proper” for Attorney to use the stipulation to with-draw from representation whenever a client fails to payfees?
A. Yes, because a lawyer may withdraw when thefinancial burden of continuing the representationwould be substantially greater than the partiesanticipated at the time of the fee agreement.
B. Yes, because the clients consented to the with-drawal in the stipulation.
C. No, because a client’s failure to pay fees when duemay be insufficient in itself to justify withdrawal.
D. No, unless clients are provided an opportunity toseek independent legal advice before signing thestipulation.
Question 17.
Attorney was retained by Defendant to represent him ina paternity suit. Aunt, Defendant’s aunt, believed thesuit was unfounded and motivated by malice. Aunt sentAttorney a check for $1,000 and asked Attorney toapply it to the payment of Defendant’s fee. Aunt toldAttorney not to tell Defendant of the payment because“Defendant is too proud to accept gifts, but I know hereally needs 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 litigationto which she is not a party.
D. No, unless Attorney first informs Defendant andobtains Defendant’s consent to retain the payment.
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Question 20.
Pros, a prosecutor, was assigned to try a criminal caseagainst Deft, who was charged with robbery of a conve-nience store. Deft denied any involvement, contendinghe was home watching television with his mother on thenight in question. At the trial, Wit, a customer at theconvenience store, testified that he had identified Deftin a police line-up and provided other testimony con-necting Deft to the crime. In addition, Pros entered intoevidence a poor-quality videotape of the robbery asrecorded by the store surveillance camera. The jury con-victed Deft of the crime charged. Unknown to Deft’scourt-appointed lawyer, Wit had first identified anotherperson in the police line-up and selected Deft only afterencouragement by the detective. Pros was aware ofthese facts but did not notify Deft’s counsel who madeno pretrial discovery request to obtain this information.
Is Pros “subject to discipline”?
A. Yes, unless the jury could make its own identifica-tion of Deft from the videotape.
B. Yes, because this information tended to negateDeft’s guilt.
C. No, because Deft’s counsel made no pretrial dis-covery request to obtain this information.
D. No, unless it is likely that the jury would haveacquitted Deft had it known that Wit first identifiedsomeone else.
Question 19.
Attorney Alpha is a general practitioner with extensiveexperience in personal injury litigation, including legaland medical malpractice. Baker contacted Alpha bytelephone and requested that Alpha represent Baker in alegal malpractice case that Baker wanted to file againstAttorney Delta, the lawyer who handled Baker’sdivorce. Alpha refused even to meet with Baker, saying:
“Look, I just finished renewing my own malprac-tice insurance policy, and I can’t believe howhigh the premiums have gotten. I’m not taking onany new clients with legal malpractice cases.”
Baker tried to contact several other lawyers, each ofwhom indicated that he or she would be happy to acceptthe representation but was too busy to take on any newmatters at this time. Six months later the statute of limi-tations expired without Baker filing his lawsuit.
If Baker can establish that a legal malpractice actionagainst Delta would have succeeded, is Alpha “subject tocivil liability” for refusing to accept the representation?
A. Yes, because Alpha did not have good cause torefuse the representation.
B. Yes, unless Alpha made reasonable efforts to find acompetent lawyer to represent Baker.
C. No, unless Alpha holds herself out as experiencedin legal malpractice cases.
D. No, because Alpha had no legal obligation toaccept Baker’s case.
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Question 22.
Attorney Alpha, a member of the bar, placed a printedflyer in the booth of each artist exhibiting works at acounty fair. The face of the flyer contained the follow-ing information:
“I, Alpha, am an attorney, with offices in 800Bank Building, telephone (555) 555-5555. I havea J.D. degree from State Law School and an M.A.degree in fine arts from State University. Mypractice includes representing artists in negotiat-ing contracts between artists and dealers and pro-tecting artists’ interests. You can find me in thevan parked at the fair entrance.”
All factual information on the face of the flyer was cor-rect. There was a retainer agreement on the back of theflyer. At the entrance to the fair, Alpha parked a vanwith a sign that read “Alpha—Attorney at Law.”
For which, if any, of the following is Alpha “subject todiscipline”?
I. Placing copies of the flyer in the booth of eachartist
II. Including a retainer agreement on the back of theflyer
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
Question 21.
Attorney and Client entered into a written retainer andhourly fee agreement that required Client to pay $5,000in advance of any services rendered by Attorney andthat required Attorney to return any portion of the$5,000 that was not earned. The agreement further pro-vided that Attorney would render monthly statementsand withdraw her fees as billed. The agreement wassilent as to whether the $5,000 advance was to bedeposited in Attorney’s Clients’ Trust Account or in ageneral account. Attorney deposited the entire fund inher Clients’ Trust Account, which also contained thefunds of other persons that had been entrusted toAttorney. Thereafter, Attorney rendered monthlyprogress reports and statements for services to Clientafter services were rendered, showing the balance ofClient’s fee advance. However, Attorney did not with-draw any of the $5,000 advance until one year laterwhen the matter was concluded to Client’s complete sat-isfaction. At that time, Attorney had billed Client rea-sonable legal fees of $4,500. Attorney wrote two checkson her Clients’ Trust Account: one to herself for $4,500,which she deposited in her general office account, andone for $500 to Client.
Was Attorney’s conduct “proper”?
A. Yes, because Attorney deposited the funds in herClients’ Trust Account.
B. Yes, because Attorney rendered periodic and accu-rate billings.
C. No, because Attorney’s failure to withdraw herfees as billed resulted in an impermissible commin-gling of her funds and Client’s funds.
D. No, because Attorney required an advanced pay-ment against her fee.
Question 25.
Wife has retained Attorney to advise her in negotiatinga Separation Agreement with Husband. Even though heknew Wife was represented by Attorney, Husband, whowas not a lawyer, refused to obtain counsel and insistedon acting on his own behalf throughout the protractednegotiations. Attorney never met or communicated inany way with Husband during the entire course of thenegotiations. After several months, Wife advisedAttorney that the parties had reached agreement andpresented Attorney with the terms. Attorney prepared aproposed agreement that contained all of the agreed-upon terms.
Attorney mailed the proposed agreement to Husband,with a cover letter stating the following:
“As you know, I have been retained by Wife torepresent her in this matter. I enclose two copiesof the Separation Agreement negotiated by youand Wife. Please read it and, if it meets with yourapproval, sign both copies before a notary andreturn them to me. I will then have Wife signthem and furnish you with a fully executedcopy.”
Is Attorney “subject to discipline”?
A. Yes, because Attorney did not suggest thatHusband seek the advice of independent counselbefore signing the agreement.
B. Yes, because Attorney directly communicated withan unrepresented person.
C. No, because Attorney acted only as a scrivener.D. No, because Attorney’s letter did not imply that
Attorney was disinterested.
Answer Key
1. C 6. C 11. A 16. C 21. C
2. D 7. D 12. C 17. D 22. D
3. C 8. D 13. C 18. C 23. C
4. C 9. C 14. D 19. D 24. B
5. C 10. A 15. B 20. B 25. D
5756
Question 23.
Five years ago Attorney represented Seller in the sale ofSeller’s home. Attorney has not represented Seller sincethat time. Recently Attorney was approached byPartner, Seller’s partner in a venture capital companyformed two years ago. Partner and Seller have agreed todissolve their partnership but cannot agree on the termsof the dissolution. Partner asked Attorney to sue Sellerfor an accounting of partnership assets.
If Attorney accepts the representation, is Attorney “subject to disqualification”?
A. Yes, because the representation is directly adverseto Seller.
B. Yes, unless at the time of the sale of Seller’s home,Seller agreed that Attorney would not subsequentlybe precluded from representing other clients insuits against Seller.
C. No, because the partnership dissolution is unrelatedto the sale of Seller’s home.
D. No, unless Seller sold the home while in the part-nership with Partner.
Question 24.
Judge, a judge in a criminal trial court of State, wishesto serve as guardian of her father, who has beendeclared incompetent. Accepting the responsibilities ofthe position would not interfere with the performance ofJudge’s official duties. Although the position in all like-lihood would not involve contested litigation, it wouldbe necessary for Judge to prepare and sign variouspleadings, motions, and other papers and to appear incivil court on her father’s behalf.
Would it be “proper” for Judge to undertake thisguardianship?
A. Yes, unless Judge receives compensation for herservices as guardian.
B. Yes, because the position involves a close familymember and will not interfere with Judge’s perfor-mance of her judicial duties.
C. No, because the position will require Judge toappear in court.
D. No, because the position will require Judge to pre-pare and sign pleadings, motions, and other papers.
5958
Study Aids AvailableNCBE publishes a study aid for the MPRE. MPRE SampleQuestions VI ($17.50) contains 150 actual or simulatedMPRE questions (including the 25 questions published inthis booklet). You may order MPRE Sample Questions VIby using the form on the next page or the form on the web-site. These questions are also available through licenseeswho have NCBE’s permission to reproduce copyrightedmaterials. Actual MPRE questions always appear withNCBE’s copyright acknowledged.
To order using the form on the next page, fill it out andsend it, with a check or money order payable to the NationalConference of Bar Examiners or with completed creditcard information, to the address below. If you are payingby VISA or MasterCard, you may fax this form to 608/661-1276. ALL SALES ARE FINAL.
MPRE Study Aid OrderNational Conference of Bar Examiners402 West Wilson StreetMadison, WI 53703-3614
NOTE: Allow one business day for NCBE to process yourorder. For orders placed within two weeks before the exam-ination to which the materials correspond, we recommendusing Federal Express package service for more timelydelivery. If you use first-class mail, there will be no refundsor adjustments for late delivery. Further, no refunds oradjustments will be made for late delivery of materialsordered in the three days before the corresponding exam-ination.
An updated order form for NCBE study aids, includingmaterials which may have been published after this bookletwas printed, and including materials for other NCBE tests,is available at www.ncbex.org. If you have questionsabout ordering NCBE study aids, call 608/280-8550,extension 120.
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Answer Sheet for Sample Questions
Guidelines for Takingthe ExaminationPlease read the following guidelines carefully. They aredesigned to help you do your best on the MultistateProfessional Responsibility Examination.
1. Listen closely to all directions. Do not hesitate to askquestions if you do not understand what you are todo.
2. Be very precise in marking your answer sheet. Besure that you blacken the appropriate ovals and thatyou completely erase any incorrect marks.
3. Your responses must be marked on the answer sheetif you are to receive credit for them.
4. Keep your answer sheet near your test booklet soyou can mark answers quickly without moving eitherthe booklet or the answer sheet.
5. Read each question carefully. Pay special attentionto such key words or phrases as “subject to disci-pline,” “may,” “proper,” “subject to litigation sanc-tion,” “subject to disqualification,” and “subject tocivil liability,” among others. They are crucial indetermining the correct answer.
6. Answer each question. There is no penalty for guess-ing, so use any clues you have in choosing ananswer.
7. When you are unsure of the correct answer to a ques-tion, first eliminate every wrong answer you can.Each wrong answer eliminated improves yourchances of selecting the correct answer.
8. Do not spend too much time on one question. If aquestion is too hard for you, choose a reasonableanswer and go on to the next question. Work quickly,but carefully.
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