Debunking 12 MPRE Myths
The Multistate Professional Responsibility Exam plays an important role in the journey to becoming a licensed attorney. However, it’s surrounded by myths that can mislead students into misunderstanding—or underpreparing for—the test. These myths often arise from anecdotes, misinformation, or a lack of appreciation for the unique challenges of the MPRE.
To set the record straight, I’m examining a dozen common MPRE myths. For each, we’ll explore why the myth exists, uncover the reality to clarify misconceptions, and offer practical tips to help you confidently prepare and pass the MPRE. Understanding the exam for what it really is can save you from unnecessary stress—or worse, failure—and ensure you’re on the right path to licensure.
Myth No. 1: The MPRE is just common sense.
Why the Myth Exists: The MPRE tests ethical behavior, which many people assume is a matter of intuition or general decency. After all, how hard can it be to know what’s “right” and “wrong” in the practice of law?
Reality: While ethical instincts are helpful, the MPRE is rooted in the Model Rules of Professional Conduct and the Model Code of Judicial Conduct—rules that often diverge from what might seem like common sense. For example, you might think it's unethical to represent a client who is paying through a third party, but it’s permissible with informed consent. These nuanced rules go beyond basic moral judgment.
Tip: Learn the rules like statutes. Don’t rely on what you think is ethical—know what the rules say is ethical.
Myth No.2: You don’t need to study for the MPRE.
Why the Myth Exists: Students often hear that the MPRE is easier than the bar exam and assume that minimal effort will suffice. Stories of classmates passing after only a weekend of studying reinforce this false confidence.
Reality: While the MPRE is narrower in scope than the bar exam, it has a national pass rate of around 75%—meaning about one in four test-takers fail. Those who pass without preparation likely got lucky or already had a strong understanding of the rules. Most students need focused preparation to navigate the exam’s nuanced questions.
Tip: Dedicate 2–3 weeks to studying. Even an hour a day can make a big difference if you spread it out.
Myth No. 3: The MPRE only tests the Model Rules.
Why the Myth Exists: The Model Rules of Professional Conduct are the most frequently mentioned rules of professional conduct, so it’s easy to assume they’re the sole focus of the exam.
Reality: The Model Code of Judicial Conduct is also tested, and judicial ethics questions often appear on the MPRE. In fact, the MPRE Subject Matter Outline indicates that 2% to 8% of the questions will cover judicial conduct. Additionally, the exam can include questions about broader principles, such as malpractice and fairness to third parties. Overlooking these topics can cost you valuable points.
Tip: Spend time reviewing judicial ethics, especially topics like judge disqualification and extrajudicial activities. These questions are usually straightforward and easy to score points on.
Myth No. 4: The MPRE is easier than a law school exam.
Why the Myth Exists: The MPRE is shorter, covering fewer topics than a typical law school course, so it’s natural to assume it’s simpler.
Reality: While the MPRE covers fewer topics, its questions are designed to confuse. Fact patterns are layered with subtle details, and the answers often include plausible but incorrect options. This makes the MPRE more challenging than it appears at first glance.
Tip: Practice MPRE-style multiple-choice questions to get used to the tricky fact patterns and plausible distractors.
Myth No. 5: You can study the week before and pass.
Why the Myth Exists: Some students hear about peers who crammed and passed, creating the impression that preparation isn’t necessary.
Reality: While cramming might work for a lucky few, it leaves little room to master rule application, which is crucial to answering MPRE questions. The exam isn’t just about knowing the rules—it’s about applying them in complex scenarios, which takes practice.
Tip: Start studying early, even if only for an hour a day. Spacing out your study sessions helps reinforce the material and prevents burnout.
Myth No. 6: Passing scores are the same in every state.
Why the Myth Exists: The MPRE is a national exam, so it’s easy to assume that the passing standard is uniform across jurisdictions.
Reality: Each jurisdiction sets its own passing score, ranging from 75 to 86 (scaled). For instance, California and Utah require an 86, while many states like New York require a 75.
Tip: Research your jurisdiction’s requirements and aim for at least an 86 to keep your options open, especially if you plan to practice in multiple states.
Myth No. 7: MPRE courses are expensive.
Why the Myth Exists: Bar prep courses can be costly, so students assume MPRE prep must also come with a hefty price tag.
Reality: Many major bar prep companies, including BARBRI, Themis, Kaplan, and Helix, offer free MPRE courses. These include video lectures, outlines, and practice exams, providing everything you need to prepare.
Tip: Take advantage of free resources from reputable providers. Save your money for the bar exam. Check out my previous blog post, "Free (yes, free!) MPRE Courses."
Myth No. 8: It’s just about avoiding disciplinary actions.
Why the Myth Exists: Students associate professional responsibility with avoiding suspension or disbarment, assuming the exam focuses only on extreme violations.
Reality: The MPRE covers a wide range of professional obligations, including duties to clients, opposing counsel, and the judicial system. For example, questions might address when a lawyer must disclose a conflict of interest or how a lawyer can advertise their services.
Tip: Pay special attention to confidentiality, conflicts of interest, and candor to the tribunal—these are frequently tested areas.
Myth No. 9: The MPRE is a waste of time compared to the bar exam.
Why the Myth Exists: Some students view the MPRE as a minor hurdle compared to the bar exam and fail to take it seriously.
Reality: Passing the MPRE is a prerequisite for licensure in most jurisdictions. Failing to pass can delay your admission, even if you pass the bar exam.
Tip: Pass the MPRE early to clear the way for bar exam preparation. Treat it as an essential step, not an afterthought.
Myth No. 10: Once you pass, you’re set for life.
Why the Myth Exists: Students assume that passing the MPRE is a one-and-done requirement.
Reality: Many jurisdictions have time limits on how long an MPRE score remains valid. If you take the MPRE years before sitting for the bar exam, you may need to retake it.
Tip: Check your jurisdiction’s rules and plan your bar admission timeline to avoid unnecessary retakes.
Myth No. 11: The MPRE is straightforward.
Why the Myth Exists: Students assume a multiple-choice exam with short fact patterns is inherently simple.
Reality: MPRE questions are intentionally tricky. They test not just your knowledge of the rules but also your ability to apply them to nuanced situations.
Tip: Practice reading questions carefully. Pay attention to qualifiers like “may,” “must,” or “shall not”, which often determine the correct answer.
Myth No. 12: There’s only one way to study.
Why the Myth Exists: Students often rely on their peers’ study methods, assuming there’s a single “right” approach to preparing.
Reality: Different study methods work for different people. Some students prefer watching video lectures, others benefit from flashcards or completing practice exams. The key is to find what works best for you.
Tip: Combine multiple methods—watch lectures, review outlines, and do as many practice questions as possible. Adapt your strategy if something isn’t working.
Final Thoughts
The MPRE is a critical step in your legal career. Understanding and preparing for the exam with a clear plan can save you from unnecessary setbacks.
Treat the MPRE as a valuable opportunity to build good study habits for the bar exam.
