MPRE Exam Flashcards

Q: What is the MPRE passing score?

Each jurisdiction sets its own passing score on the 50-150 scaled-score range, most commonly between 75 and 86. Many states, including New York and California, use 85 as the minimum, while others accept 80 or lower. Check your specific jurisdiction's requirement before you register, since it is not a single national cutoff.

Q: Does the NCBE publish an official MPRE pass rate?

No. Unlike some state bar exams, NCBE does not release a pass/fail percentage for the MPRE because passing cutoffs vary by jurisdiction. Instead, NCBE publishes the national mean scaled score after each administration — for example, 96.7 in November 2025 and 97.4 in March 2026 — which candidates can compare against their jurisdiction's cutoff.

Q: Is there a mandatory waiting period to retake the MPRE?

NCBE imposes no mandatory waiting period — you can register for the very next scheduled administration regardless of how many times you have taken the exam. The practical constraint is that the MPRE is offered only three times a year (March, August, and November), so a retake may still be several months away.

Q: Do all states require the MPRE?

The MPRE is required for bar admission in every U.S. jurisdiction except Wisconsin and Puerto Rico. Wisconsin grants diploma privilege to graduates of its two in-state law schools, and Puerto Rico administers its own ethics requirement. Connecticut and New Jersey allow a passing grade in a law school professional-responsibility course to substitute for the MPRE.

Q: How long does a passing MPRE score remain valid?

Validity periods are set by each jurisdiction and vary widely — some states like North Carolina, Tennessee, and Indiana require the score to be within about 24 months of your bar application, New York and Texas allow 4-5 years, Maine accepts scores up to 15 years old, and some jurisdictions impose no expiration at all. Always confirm the rule in the jurisdiction where you plan to be admitted.

Q: What does the MPRE actually test?

The MPRE tests the ABA Model Rules of Professional Conduct and the ABA Model Code of Judicial Conduct through short fact patterns across 12 weighted subject areas. Conflicts of interest carries the heaviest weight (12-18%), followed by the client-lawyer relationship and litigation/advocacy (10-16% each). The exam rewards applying the rules to scenarios, not rote memorization.

Question 1

Rule 1.7(b) concurrent conflict waiver — what four conditions must ALL be met?

Accepted Answer

(1) The lawyer reasonably believes competent, diligent representation of each client is possible; (2) the representation isn't prohibited by law; (3) the clients aren't asserting claims against each other in the same litigation; and (4) each client gives informed consent, confirmed in writing.

Question 2

Can a Rule 1.7 conflict ever be waived if two current clients are on opposite sides of the SAME lawsuit?

Accepted Answer

No. Direct representation of adverse parties in the same litigation or proceeding is a non-waivable conflict — no amount of disclosure or informed consent can cure it.

Question 3

A lawyer wants to enter a business deal with a current client (e.g., buying real estate from them). What does Rule 1.8(a) require?

Accepted Answer

Terms must be fair and reasonable and fully disclosed in writing in a way the client can understand; the client must be advised in writing to seek independent counsel; and the client must give informed consent in a signed writing.

Question 4

Under Rule 1.8(e), may a lawyer ever pay a client's litigation expenses?

Accepted Answer

Generally no, but exceptions exist: a lawyer may advance court costs and litigation expenses with repayment contingent on the outcome, and a lawyer representing an indigent client may pay court costs and litigation expenses on the client's behalf (no repayment required, not limited to pro bono). Separately, Rule 1.8(e)(3) allows modest humanitarian gifts only in pro bono/nonprofit/clinic representation.

Question 5

What must happen before a lawyer settles claims for multiple clients in one aggregate settlement under Rule 1.8(g)?

Accepted Answer

Each client must give informed consent in a signed writing after the lawyer discloses the existence and nature of ALL the claims or pleas involved and each client's share — a blanket 'whatever the others agree to' consent is not enough.

Question 6

Rule 1.8(h) — can a lawyer ask a client to sign away future malpractice liability?

Accepted Answer

No, prospective limits on malpractice liability are barred unless the client is independently represented in making that agreement. An EXISTING malpractice claim may only be settled with an unrepresented client if advised in writing to get independent counsel and given a reasonable chance to do so.

Question 7

Rule 1.9 former-client conflict — what two-part test determines if representing a new client is barred?

Accepted Answer

The new matter must be the SAME or SUBSTANTIALLY RELATED to the former representation, AND the new client's interests must be materially adverse to the former client's — absent the former client's informed consent, confirmed in writing.

Question 8

A lawyer joins a new firm carrying a Rule 1.9 former-client conflict from her old job. How can the NEW firm avoid imputation under Rule 1.10?

Accepted Answer

Timely screen the lawyer from any participation in (and fee share from) the matter, and give prompt written notice to the former client. Screening cures imputed former-client conflicts on lateral moves — it does not cure a lawyer's own current-client (Rule 1.7) conflicts.

Question 9

Rule 1.1 defines competence as requiring what four things?

Accepted Answer

Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Question 10

In a criminal case, which three decisions belong to the CLIENT alone under Rule 1.2, even over the lawyer's objection?

Accepted Answer

Whether to plead guilty, whether to waive a jury trial, and whether to testify. The lawyer controls tactical and strategic means, but these fundamental rights belong to the client.

Question 11

How does Rule 1.3 (diligence) distinguish sanctionable neglect from an isolated mistake?

Accepted Answer

Rule 1.3 requires reasonable diligence and promptness; a single instance of ordinary negligence (e.g., one missed deadline) is not itself an ethics violation, but a pattern of neglect or a client-harming failure to act is.

Question 12

Rule 1.4 communication duties — name two things a lawyer must do.

Accepted Answer

Reasonably keep the client informed about the status of the matter, and promptly comply with reasonable requests for information. The lawyer must also consult about the means used to accomplish objectives when necessary.

Question 13

In what two categories of cases is a contingent fee ALWAYS prohibited under Rule 1.5(d)?

Accepted Answer

Domestic relations matters, where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement, and criminal defense representation.

Question 14

Name the three triggers for MANDATORY withdrawal under Rule 1.16(a).

Accepted Answer

Continued representation would violate the rules of professional conduct or other law; the lawyer's physical or mental condition materially impairs the ability to represent the client; or the client discharges the lawyer.

Question 15

Give three grounds for PERMISSIVE withdrawal under Rule 1.16(b).

Accepted Answer

The client fails to pay fees after reasonable warning, the client insists on a repugnant or fundamentally disagreeable course of action, or continuing would impose an unreasonable financial burden on the lawyer — withdrawal still requires reasonable notice and steps to protect the client's interests.

Question 16

Rule 3.3 candor to the tribunal — if a lawyer's client testifies falsely, what must the lawyer do?

Accepted Answer

Take reasonable remedial measures, including, if necessary, disclosure to the tribunal — even if that means revealing information otherwise protected by Rule 1.6. This duty continues until the proceeding concludes.

Question 17

Under Rule 3.3, must a lawyer disclose legal authority that hurts their own case?

Accepted Answer

Yes — if it is directly adverse controlling legal authority in the controlling jurisdiction and opposing counsel has not disclosed it, the lawyer must disclose it to the tribunal, even though it damages their client's position.

Question 18

Rule 3.1 — when is bringing a claim NOT frivolous, even if it challenges existing law?

Accepted Answer

When there is a good-faith, nonfrivolous argument for the extension, modification, or reversal of existing law. A basis in law and fact is required, but novel arguments against precedent are permitted.

Question 19

Under Rule 3.4, may a lawyer pay a fact witness to testify?

Accepted Answer

A lawyer may pay a witness's reasonable expenses and reasonable compensation for lost time, and may pay an expert witness a reasonable fee for study and testimony — but may never pay any witness a fee contingent on the content of testimony or the case's outcome.

Question 20

Rule 3.6 trial publicity — what is the 'substantial likelihood' test?

Accepted Answer

A lawyer may not make an extrajudicial statement they know or should know will be publicly disseminated and will have a substantial likelihood of materially prejudicing an adjudicative proceeding — but stating information already in the public record generally falls within the safe harbor.

Question 21

Rule 3.8 gives prosecutors special duties beyond ordinary advocates. Name two.

Accepted Answer

Refrain from prosecuting a charge not supported by probable cause, and timely disclose to the defense all evidence or information known to negate guilt or mitigate the offense (a Brady-type duty) — including newly discovered evidence of innocence after conviction.

Question 22

Rule 3.5 — can a lawyer talk to a juror about the case while the trial is still ongoing?

Accepted Answer

No. Ex parte communication with a juror or prospective juror during the proceeding is barred unless authorized by law or court order, regardless of the lawyer's intent.

Question 23

Rule 8.3 — when must a lawyer report another lawyer's misconduct?

Accepted Answer

When the lawyer knows another lawyer has committed a violation that raises a substantial question about that lawyer's honesty, trustworthiness, or fitness to practice — subject to Rule 1.6 confidentiality limits.

Question 24

Rule 8.4(g), added in 2016, added what new category of misconduct to the traditional dishonesty/fraud/prejudicial-to-justice list?

Accepted Answer

Harassment or discrimination on the basis of protected characteristics (e.g., race, sex, religion, disability) in conduct related to the practice of law.

Question 25

Rule 5.5 unauthorized practice — name two recognized exceptions letting a lawyer practice temporarily in a jurisdiction where they aren't licensed.

Accepted Answer

Admission pro hac vice for a specific proceeding, and temporary practice reasonably related to the lawyer's home-jurisdiction practice (arbitration/mediation and in-house counsel work are also carved out).

Question 26

Rules 5.1 and 5.3 impose parallel supervisory duties over whom?

Accepted Answer

Rule 5.1 covers supervision of OTHER LAWYERS in the firm; Rule 5.3 applies the same standard to NONLAWYER assistants (paralegals, staff). A supervisor is responsible for a subordinate's violation if they ordered or ratified it, or knew of it with authority to act and failed to take remedial measures.

Question 27

Rule 8.5 choice of law — which jurisdiction's ethics rules govern conduct connected to a matter pending before a tribunal?

Accepted Answer

The rules of the jurisdiction in which the tribunal sits, unless that tribunal's rules provide otherwise. For all other conduct, the rules of the jurisdiction where the conduct occurred govern, unless the predominant effect is in a different jurisdiction.

Question 28

How does the SCOPE and DURATION of Rule 1.6 confidentiality compare to attorney-client privilege?

Accepted Answer

Rule 1.6 covers ALL information relating to the representation, from any source, and survives the client's death and the end of representation — far broader and longer-lasting than privilege, which covers only confidential attorney-client communications.

Question 29

Roughly how many distinct exceptions does Rule 1.6(b) provide for revealing client information, and are they mandatory or permissive?

Accepted Answer

Seven exceptions (e.g., preventing death or bodily harm, preventing or rectifying client fraud, securing ethics advice, self-defense, complying with law, and detecting lateral-move conflicts) — all are PERMISSIVE ('may reveal'), not mandatory, unless other law or a court order independently compels disclosure.

Question 30

Does the crime-fraud exception to attorney-client privilege apply automatically whenever a client later commits a crime?

Accepted Answer

No. It requires a showing that the specific communication was made in furtherance of an ongoing or future crime or fraud — it is not a mechanical rule, and it defeats evidentiary privilege, not the separate ethical duty of confidentiality.

Question 31

What does the work-product doctrine protect that attorney-client privilege does not?

Accepted Answer

An attorney's mental impressions, conclusions, opinions, legal theories, and trial-preparation materials — protection that can extend to documents prepared in anticipation of litigation even without a client communication.

Question 32

Does violating a Model Rule of Professional Conduct, by itself, create a private civil cause of action against the lawyer?

Accepted Answer

No — per the Rules' own Scope/Preamble, a rule violation does not itself create a civil cause of action or a presumption of breach, but it may be admitted as evidence of the applicable standard of care in a separate malpractice suit.

Question 33

What four elements must a client prove to win a legal malpractice claim?

Accepted Answer

Duty (arising from the attorney-client relationship), breach of that duty, causation (the breach caused the harm, often requiring a 'case within a case'), and damages.

Question 34

What standard of care is a lawyer held to in a malpractice action?

Accepted Answer

The ordinary skill, knowledge, and care commonly possessed by a reasonably competent lawyer in similar circumstances — not perfection, and not a guarantee of a favorable outcome.

Question 35

If a lawyer's conduct both violates a Model Rule AND harms a client, can it trigger both bar discipline and a malpractice lawsuit?

Accepted Answer

Yes — the two consequences are independent and parallel. Discipline addresses the profession's regulatory interest; malpractice compensates the client's actual harm. One does not substitute for or preclude the other.

Question 36

Rule 2.1 lets a lawyer acting as ADVISOR go beyond pure legal analysis. How?

Accepted Answer

The lawyer may refer to moral, economic, social, and political considerations relevant to the client's situation, in addition to the law, when giving candid advice.

Question 37

Rule 2.4 — what must a lawyer serving as a third-party neutral (mediator/arbitrator) tell an unrepresented party?

Accepted Answer

That the lawyer is NOT representing them; if the party appears not to understand the lawyer's role, the lawyer must explain the difference between a neutral and a lawyer who represents a client.

Question 38

Under Rule 1.13, who is the CLIENT when a lawyer is retained by a corporation?

Accepted Answer

The organization itself, acting through its authorized constituents — not any individual officer, director, or employee. If a constituent's action threatens substantial injury to the organization, the lawyer must act in the organization's best interest, which can include reporting up to its highest authority.

Question 39

Rule 1.11 — a lawyer who personally and substantially worked on a matter as a government employee later wants to represent a private client in that SAME matter. What's required?

Accepted Answer

Informed consent from the appropriate government agency, confirmed in writing. Without it, the new firm can still avoid imputed disqualification through timely screening, no fee-sharing from the matter, and written notice to the agency.

Question 40

Rule 7.1 bars what kind of communication about a lawyer's services?

Accepted Answer

Any communication containing a material misrepresentation of fact or law, or one that omits a fact necessary to keep the statement, taken as a whole, from being materially misleading.

Question 41

What's the core difference between permitted ADVERTISING (Rule 7.2) and restricted SOLICITATION (Rule 7.3)?

Accepted Answer

Advertising reaches the general public and is broadly permitted (the lawyer may pay reasonable costs). Solicitation is a targeted, live, real-time approach to a specific known individual motivated by pecuniary gain, and in-person or live-phone solicitation is barred — except toward family, other lawyers, or people with a prior professional relationship to the lawyer.

Question 42

Did the 2018 ABA amendments to Rule 7.3 add or remove a requirement for written solicitations?

Accepted Answer

Removed one — written, recorded, and electronic solicitations no longer need to be labeled 'Advertising Material.' Before 2018, that label was mandatory on the outside of the envelope or at the start of the communication.

Question 43

Rule 4.2's 'no-contact rule' bars communicating about the subject of representation with whom?

Accepted Answer

A person the lawyer knows to be represented by another lawyer in the matter — unless that lawyer consents or the communication is authorized by law or a court order.

Question 44

Rule 4.3 — when dealing with an UNREPRESENTED person, what must a lawyer avoid?

Accepted Answer

Stating or implying that the lawyer is disinterested; failing to correct a known misunderstanding about the lawyer's role; and giving the person any legal advice beyond suggesting they obtain their own counsel, if their interests may conflict with the lawyer's client.

Question 45

Rule 1.15 — what must a lawyer do immediately upon receiving funds in which a client has an interest?

Accepted Answer

Deposit them into a separate trust (IOLTA) account, never commingled with the lawyer's own funds; promptly notify the client; and promptly deliver funds the client is entitled to receive.

Question 46

Under Rule 1.15, what happens when the lawyer and a client (or third party) DISPUTE who is entitled to funds the lawyer is holding?

Accepted Answer

The disputed portion must be kept separate in the trust account until the dispute is resolved; any undisputed portion must still be promptly distributed to the party entitled to it.

Question 47

Name the four Canons of the Model Code of Judicial Conduct.

Accepted Answer

Canon 1 — independence, integrity, and impartiality of the judiciary; Canon 2 — impartial and competent performance of duties; Canon 3 — minimizing conflicts from extrajudicial activities; Canon 4 — refraining from inappropriate political and campaign activity.

Question 48

Rule 2.11 — name two grounds requiring judicial disqualification.

Accepted Answer

Personal bias or prejudice concerning a party or the party's lawyer, and having a family member (or a person within the third degree of relationship) who is a party, lawyer, or material witness — among other grounds like a financial interest in the matter or prior service as counsel in it.

Question 49

Can disqualification under Rule 2.11 ever be waived by 'remittal' after full disclosure?

Accepted Answer

Yes, for most grounds — parties and lawyers may agree, on the record and without the judge present, to waive disqualification after full disclosure. The one exception: disqualification based on the judge's PERSONAL BIAS is never subject to remittal.

Question 50

Is the 50-hours-per-year pro bono aspiration in Rule 6.1 enforceable through discipline, and how does it differ from Rule 6.2?

Accepted Answer

No — Rule 6.1 is purely aspirational; failing to meet it triggers no discipline. Rule 6.2, by contrast, is a real limit: a lawyer may decline a court APPOINTMENT only for good cause, such as a rule/law violation, unreasonable financial burden, or a client or cause so repugnant it would impair the relationship.

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