The Multistate Professional Responsibility Examination (MPRE) is a multiple-choice exam administered by the National Conference of Bar Examiners (NCBE®). It tests your knowledge of the standards that govern and preside over a lawyer’s professional conduct. Here’s how to optimize your study strategy and pass the MPRE on your first attempt.
MPRE Topics
The MPRE consists of 12 topics tested over 60 questions. Of these 60 questions, only 50 are used to determine your score. The chart below uses the NCBE’s frequency percentages to estimate how many questions from each topic will be included in your score.
MPRE Topic Frequency Chart |
||
|---|---|---|
| Topics | % Tested | No.of Questions |
| Conflicts of Interest | 12-18% | 6-9 |
| The client-lawyer relationship | 10-16% | 5-8 |
| Litigation and other forms of advocacy | 10-16% | 5-8 |
| Regulation of the legal profession | 6-12% | 3-6 |
| Client Confidentiality | 6-12% | 3-6 |
| Competence, legal malpractice, and other civil liability | 6-12% | 3-6 |
| Different roles of the lawyer | 4-10% | 2-5 |
| Communications about legal services | 4-10% | 2-5 |
| Transactions and communications with persons other than clients | 2-8% | 1-4 |
| Safekeeping funds and other property | 2-8% | 1-4 |
| Judicial conduct | 2-8% | 1-4 |
| Lawyers duties to the public and the legal system | 2-4% | 1-2 |
| Total scored questions | 50 | |
Use these estimates when creating your MPRE study guide. While you should study each topic, it’s notable that the 3 most tested topics account for 16 to 25 scored questions (up to half of your points!). The 3 least tested topics only account for 3 to 10 scored questions.
Regulation of the Legal Profession
Regulation of the legal profession makes up 6% to 12% of the MPRE, accounting for 3 to 6 scored questions.
Lawyers represent the legal system and must adhere to a strict code of conduct that informs how they represent their clients and practice law. The American Bar Association's (ABA) Model Rules of Professional Conduct outline how a lawyer should act. Specific rules may vary based on each jurisdiction throughout the country, especially regarding how they can practice law. Generally speaking, most states require you to have earned or completed most of your undergraduate degree and graduated from an ABA-approved law school to qualify for the bar exam.
Before being admitted into law, you must adhere to a background check and undergo a mental fitness evaluation. If you have a criminal history, relay that information during your interview. You may still be admitted to practice law unless you have ongoing substance abuse issues or committed fraud.
During the exam, you will cover subtopics regarding the unauthorized practice of law, which states that those who don't have the legal right to do so can't practice. You also will only be able to practice law in the state in which you are granted permission to do so. If you are licensed in New York but want to try a case in Pennsylvania, you may obtain pro hac vice admission if you are in good standing in the court. However, if it is not granted, you won't be able to practice legally in the state.
This topic also extends to legal malpractice and professional misconduct. Often, professional misconduct leads to some disciplinary action and usually finds a lawyer's actions dishonest or done in a way that fails to meet their lawyer-client obligations. According to the ABA's Model Rules, harassment, discrimination, and fraud are all examples of professional misconduct.
Similarly, legal malpractice, such as failing to meet deadlines or file a claim within the statute of limitations, failure to appear in court, or severe misinterpretation of the law, can all lead to a legal malpractice claim. Not every instance of a lawyer's actions may be considered malpractice. Sometimes, cases can’t be won despite all the correct steps being taken. An unfavorable outcome is not an example of legal malpractice, just when gross negligence is involved.
A lawyer may face sanctions in cases of legal malpractice and professional misconduct. A sanction is a monetary fine that the lawyer is responsible for paying. Depending on the offense committed, a lawyer may face suspension, requiring them to submit an ethics examination before re-entering the court. In worse scenarios, permanent disbarment takes away their right to practice law. Generally speaking, though, most states will disbar someone for only a couple of years.
Client-Lawyer Relationship
The client-lawyer relationship accounts for 10% to 16% of the MPRE, 5 to 8 scored questions.
The client-lawyer relationship is important because, without trust, a case will become more difficult for everyone involved, especially when it involves representing a client in a court of law. A client should be able to ask their lawyer questions and receive honest feedback. As such, the lawyer should be available to speak with their clients when they have questions or concerns to help develop trust and strengthen that relationship.
Subtopics covered on the MPRE include the formation of the client-lawyer relationship, the means for reputation, applicable fees, the authority of decision-making, client-lawyer contracts, how counsel can assist a client within the confines of the law, ending the client-lawyer relationship, and the types of communication that are appropriate between a client and lawyer. According to Rule 1.8 of the ABA, in the client-lawyer relationship, a lawyer cannot and should not provide any financial assistance to the client unless they are advancing court costs or are working pro bono and through an agency, providing food, transportation, or rent to the client.
Client Confidentiality
Client confidentiality makes up 6% to 12% of the MPRE, accounting for 3 to 6 scored questions.
Rule 1.6 of the ABA states that client confidentiality is the hallmark of the client-lawyer relationship. The difference between the rule of confidentiality and attorney-client privilege is that the former is designed to keep a tribunal (i.e., the court) from compelling the revelation of a communication between an attorney and their client. The latter is a professional obligation of a lawyer to their client not to reveal information that relates to the client. Subtopics include:
- Attorney-client privilege
- Work-product doctrine
- The professional obligation of confidentiality
- Disclosures expressly or impliedly authorized by the client
- Other exceptions to the confidentiality rule
Conflicts of Interest
Conflicts of interest make up 12% to 18% of the MPRE, accounting for 6 to 9 scored questions.
There are 2 different "current client" conflicts. The first is having a client that is directly adverse to other clients you may currently have. One example is that you can't represent 2 people in the same divorce. The other conflict is representing clients materially linked to other clients, such as a former client, a third person, or someone of personal interest to the lawyer. There's also a conflict of interest regarding how it affects a former client, representation in a government case, and disputes between attorney and client.
Conflicts of interest are the most heavily weighted subject on the MPRE. The subtopics you should study include current client conflicts (both the lawyer's interest and duties and multiple clients and joint representation), former client conflicts, prospective client conflicts, imputed conflicts, acquiring an interest in litigation, business transactions with clients, third-party compensation and influence, lawyers formerly or currently in government service, and former judges and mediators.
Competence, Legal Malpractice, and Other Civil Liability
Competence, legal malpractice, and other civil liability make up 6% to 12% of the MPRE, accounting for 3 to 6 scored questions.
Competence states that a lawyer shall provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. For someone to sue you for legal malpractice, they must prove negligence on your part, which means they must prove duty, breach, causation, and harm. Civil liability is different from being disciplined. Civil liability means a client takes you to court to sue you for damages. Discipline means you're in front of a disciplinary board about possibly getting your license suspended or facing debarment.
Subtopics include maintaining competence, competence necessary to undertake representation, exercising diligence and care, civil liability to the client including malpractice, civil liability to nonclients, limiting liability for malpractice, and malpractice insurance and risk prevention.
Litigation and Other Forms of Advocacy
Litigation and other forms of advocacy makes up 10% to 16% of the MPRE, accounting for 5 to 8 scored questions.
When it comes to honesty in the courtroom, a lawyer may not knowingly make a false statement, offer false evidence, or fail to disclose controlling and adverse authority not disclosed by the opposing counsel. If a lawyer does any of these and finds out about it later, they must correct themselves in court.
A lawyer can't knowingly put a witness on the stand if they intend to testify falsely or present false evidence. A lawyer must first dissuade a witness from testifying falsely. If the witness can't be swayed from testifying falsely, the lawyer has the right to refuse to put the witness on the stand, and the witness loses their right to testify.
Subtopics include meritorious claims and contentions, expediting litigation, candor to the tribunal, fairness to opposing party and counsel, impartiality and decorum of the tribunal, trial publicity, and lawyer as a witness.
Transactions and Communications with Persons Other Than Clients
Transactions and communications with persons other than clients makes up 2% to 8% of the MPRE, accounting for 1 to 4 scored questions.
This section covers 4 subtopics, including truthfulness in statements to others, communications with represented persons, communications with unrepresented persons, and respect for the rights of third persons.
Truthfulness in statements to others covers when a lawyer shall not make a false statement of law or material fact to a third person when representing a client. Communications with represented persons say that you're not allowed to discuss a matter involving your client with another person you know is represented by the opposing counsel. There are a few exceptions, including oral approval when counsel is given adequate notice or approval is written in the official proceedings.
Communications with unrepresented persons covers what you can and cannot do with someone who doesn't have legal counsel. You can't give them legal advice, stating or implying that you're disinterested.
Respect for the rights of third persons covers the fact that you can't use means that have no substantial purpose to obtain evidence that violates the legal rights of a third person. You must notify the sender immediately if you receive writing from a client represented by a different lawyer.
Different Roles of the Lawyer
Different roles of the lawyer makes up 4% to 10% of the MPRE, accounting for 2 to 5 scored questions.
A lawyer has a few different roles. As an advisor, a lawyer is responsible for using their judgment and offering legal advice to their client. As an evaluator, a lawyer can evaluate a situation to help clients get something they need. If a lawyer knows that an evaluation will adversely affect the client beforehand, the lawyer cannot provide an evaluation unless the client consents. As a third-party neutral, a lawyer may work with 2 or more individuals to help settle a matter as a mediator or arbitrator.
Subtopics include a lawyer as an advisor, an evaluator, a negotiator, an arbitrator, a mediator, or other third-party neutral, prosecutors and other government lawyers, a lawyer appearing in a nonadjudicative proceeding, and a lawyer representing an entity or other organization.
Safekeeping Funds and Other Property
Safekeeping funds and other property makes up 2% to 8% of the MPRE, accounting for 1 to 4 scored questions.
The safekeeping of funds, as dictated in Rule 1.5 of the ABA, states that if a client gives you money, you must keep that money in a separate account from your own. You cannot use a client's money like yours or your firm's. You are not allowed to borrow and replenish client funds. You may deposit money into your account to cover bank charges. You can also hold property for your client as long as it's identified as such and adequately safeguarded.
Subtopics include establishing and maintaining client trust accounts, safekeeping funds and other property of clients and third persons, and disputed claims.
Communications About Legal Services
Communications about legal services makes up 4% to 10% of the MPRE, accounting for 2 to 5 scored questions.
As discussed in Rule 7.2 of the ABA, lawyers can advertise their services using any media and include basic information such as addresses, types of provided services, and their prices. Lawyers cannot pay referral fees unless it's for advertising, the usual charges of a legal service plan, as part of a reciprocal referral arrangement, or to give nominal gifts as an expression of gratitude. You cannot directly solicit a potential client to represent them for financial gain. Any communications about a lawyer or their services can't be misleading or false.
Subtopics include advertising and other public communications about legal services, as well as solicitation — direct contact with prospective clients, group legal services, referrals, and communications regarding fields of practice and specialization.
Lawyers’ Duties to the Public and the Legal System
Lawyers’ duties to the public and the legal system makes up 2% to 4% of the MPRE, accounting for 1 to 2 scored questions.
Rules 6.1 and 7.6 of the ABA state a lawyer's duties to the public and the legal system. A lawyer has a professional responsibility to provide free services to those who can't afford a lawyer. A lawyer should aspire to provide 50 hours of pro bono work per year, but this is aspirational and not mandatory.
A lawyer can serve in a legal services organization as an officer, director, or member as long as it doesn't conflict with the best interest of your clients or your firm. A lawyer cannot make a statement that is known to be false about a judge or other public officer.
Judicial Conduct
Judicial conduct makes up 2% to 8% of the MPRE, accounting for 1 to 4 scored questions.
As detailed in the Model Code of Judicial Conduct, judges are expected to conduct themselves according to a code of conduct. They are expected to be independent and impartial while avoiding impropriety. Judges should conduct extrajudicial and personal activities to minimize a conflict of interest. They should not get involved with political or campaign activity inconsistent with their independence and impartiality.
Subtopics include maintaining the judiciary's independence and impartiality, performing the duties of judicial office impartially, competently, and diligently, ex parte communications, disqualification, and extrajudicial activities.
Frequently Asked Questions (FAQs)
How many topics are on the MPRE Exam?
What are the easiest and hardest MPRE topics?
Should I study every topic in the MPRE outline?
What topics should I study first for the MPRE?
We recommend beginning your prep with the 3 most-tested topics in the MPRE outline. They are:
- Conflicts of interest
- The client-lawyer relationship
- Litigation and other forms of advocacy
These account for 16 to 25 scored questions, or 32% to 50% of your total exam score.
