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Multistate Professional Responsibility Exam Practice Test

NCBE MPRE

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Multistate Professional Responsibility Exam Information

The Multistate Professional Responsibility Examination (MPRE), administered by the National Conference of Bar Examiners (NCBE), is a vital step on the path to becoming a licensed attorney in the United States. Although often overshadowed by the more comprehensive bar exam, the MPRE plays a role in ensuring that prospective lawyers understand the ethical and professional responsibilities associated with legal practice. Whether you’re a law student planning ahead or a candidate preparing to sit for the test, understanding the MPRE’s purpose, format, and significance can help demystify the process and enhance your readiness.

What Is the MPRE and Why Does It Matter?

The MPRE is designed to measure a candidate’s understanding of established standards related to a lawyer’s professional conduct. It is not a test of state-specific ethics rules but is based largely on the American Bar Association’s (ABA) Model Rules of Professional Conduct and the ABA Model Code of Judicial Conduct. These frameworks form the basis of legal ethics in nearly every U.S. jurisdiction, making the MPRE a universal assessment of a lawyer’s professional responsibility.

Most jurisdictions require a passing MPRE score as a prerequisite to sitting for the bar exam or gaining admission to the bar. Only Wisconsin and Puerto Rico currently waive this requirement, and California and Maryland have their own standards. Because professional ethics are at the heart of the legal profession—where client trust, judicial integrity, and fair representation are paramount—the MPRE ensures that all aspiring attorneys have a baseline understanding of these principles before practicing law.

Who Should Take the MPRE and When?

The MPRE is typically taken by law students after they have completed a course in Professional Responsibility, often during their second or third year of law school. While there are no formal prerequisites in terms of coursework, having a solid foundation in the ethical rules and legal standards that govern professional conduct is strongly recommended before sitting for the exam.

Each jurisdiction sets its own deadline for when the MPRE must be passed in relation to the bar exam, so timing is crucial. For many, taking the MPRE at least a year before the bar exam offers peace of mind and allows time to retake it if needed. Since it is offered three times per year—in March, August, and November—students have flexibility in scheduling the exam around their studies and internships.

MPRE Format and Structure

The MPRE consists of 60 multiple-choice questions, 50 of which are scored and 10 unscored pretest items used to evaluate future questions. Test takers have two hours to complete the exam, and it is administered digitally at Pearson VUE testing centers nationwide.

Questions cover a variety of ethical scenarios and may involve judges, prosecutors, defense attorneys, and law firm settings. The key topics tested include:

  • Regulation of the Legal Profession
  • Client-Lawyer Relationship
  • Conflicts of Interest
  • Competence, Legal Malpractice, and Civil Liability
  • Litigation and Other Advocacy Duties
  • Client Confidentiality
  • Judicial Conduct

While the questions are multiple-choice, they often involve nuanced fact patterns that test an individual’s judgment and ability to apply rules appropriately. For this reason, memorization of rules alone is not sufficient—understanding context and how rules interact is critical.

MPRE Scoring and Passing Requirements

MPRE scores range from 50 to 150, with the national median score typically falling around 100. Each jurisdiction sets its own passing score, usually between 75 and 86. For example, New York and California require a minimum passing score of 85, while some states require only 75.

Scores are scaled based on question difficulty, meaning that a raw score of correct answers is adjusted depending on the test version’s complexity. This ensures fairness across different administrations of the exam.

It’s important to note that jurisdictions generally require a candidate to achieve a passing MPRE score within a specific time frame relative to their bar application. Failing to meet this requirement can delay bar admission even if a candidate passes the bar exam itself.

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Free Multistate Professional Responsibility Exam Practice Test

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  • Questions: 20
  • Time: Unlimited
  • Included Topics:
    Regulation of the legal profession
    The client-lawyer relationship
    Client confidentiality
    Conflicts of interest
    Competence, legal malpractice, and other civil liability
    Litigation and other forms of advocacy
    Transactions and communications with persons other than clients
    Different roles of the lawyer
    Safekeeping funds and other property
    Communications about legal services
    Lawyers’ duties to the public and the legal system
    Judicial conduct
Question 1 of 20

A lawyer represents a client who demands that the lawyer file a lawsuit against a former business associate. The lawyer’s investigation suggests that the case lacks factual support. The client states that the law is never certain and wants to file the suit to encourage a settlement. Is the lawyer permitted to file the lawsuit?

  • No, the lawyer should not bring a claim that the lawyer believes is unfounded

  • Yes, because the client wants to pursue the lawsuit based on the client’s strategic considerations in settlement negotiations

  • No, because it is clear this client is acting irrationally

  • Yes, a lawyer must file the lawsuit if the client strongly insists on that course of action

Question 2 of 20

An attorney starts representing a new client and receives an advance fee before performing any legal work. The attorney is unsure how to handle this money. Which option describes a proper approach?

  • Send the check back to the client until the attorney can justify withdrawing the money

  • Record the client’s advance in the firm’s operating account with detailed notes

  • Include the client’s advanced fee in the same operating account, labeled under the client’s name

  • Deposit the advance in a separate account designated for client payments

Question 3 of 20

Kim is negotiating a licensing agreement for a client’s new software. Kim is also developing a separate software product that competes with the client’s technology. What is the proper step under ethics rules in this situation?

  • Explain the concern, obtain the client’s informed consent in writing, or end the representation.

  • Call your jurisdiction's ethic's hotline.

  • Stop representing the client even if the client is willing to continue.

  • Do nothing because the lawyer’s venture and the client’s licensing deal involve different entities.

Question 4 of 20

Attorney Drake, a personal injury practitioner, obtains the telephone numbers of individuals recently listed in accident reports and calls them to promote representation. Which approach aligns best with requirements governing this type of outreach?

  • Continue placing calls if no one complains, since the individuals’ contact details are publicly available

  • Send letters or other written messages marked as promotions and refrain from making calls to the individuals who did not request information

  • Rely on staff members to phone individuals to offer representation under a different name

  • Travel to the accident victim's homes to discuss their rights and treatment

Question 5 of 20

Carla is representing a client defending a partnership dispute. Opposing counsel proposes terms that Carla views as poor. She chooses not to tell the client. Weeks later, the client learns of the proposed terms from a friend who overheard discussions. Which statement best describes Carla’s obligation?

  • Carla opts to discard a proposed arrangement she considers substandard without consulting her client

  • Carla keeps her client informed about meaningful terms from the other side, giving the client an opportunity to decide how to respond

  • Carla can withhold propositions to better allow her negotiations.

  • Carla waits for the client to raise questions before sharing details she receives from the other side

Question 6 of 20

An attorney receives a deposit check from a real estate transaction involving a client. A broker claims a portion of the deposit as commission, but the client disputes that claim. Which approach is consistent with an attorney's duty regarding property claimed by a non-client?

  • Distribute the deposit to the client upon request, leaving the broker to pursue independent legal action.

  • Place the deposit in the attorney's business account and subtract the broker's claim if the dispute is resolved in the broker's favor.

  • Separate the disputed portion of the deposit in the trust account until the matter is resolved, disbursing what is not contested once appropriate.

  • Provide the deposit to the broker, then direct the broker to give a refund to the client if the dispute is resolved in the client's favor.

Question 7 of 20

Judge Thompson is overseeing a case involving a dispute between two businesses. Outside of official court proceedings, Judge Thompson meets privately with the plaintiff's attorney to discuss the case's details. Is this conduct appropriate under professional judicial standards?

  • Such meetings are allowed provided they are brief and non-influential.

  • Engaging in private discussions with one party's attorney is inappropriate under professional judicial standards.

  • Private discussions are permissible if both parties are aware of them.

  • It is acceptable under certain conditions, such as when no case-related decisions are discussed.

Question 8 of 20

Attorney Smith receives a request from a colleague to refer a client to a specialized immigration lawyer. In return, the colleague offers Smith a percentage of any fees earned from the case. What should Smith do in this situation?

  • Accept the referral and share the fee as offered by the colleague.

  • Refuse to refer the client and report the colleague for unethical behavior.

  • Decline the referral fee and proceed to refer the client to the specialized immigration lawyer.

  • Share a minimal percentage of the fee to comply with ethical standards.

Question 9 of 20

A lawyer served as the mediator in a contract dispute between two manufacturers. The mediation ended in a written settlement. Several weeks later, one manufacturer asks the lawyer to represent it in litigation against the other manufacturer to enforce the settlement. The opposing manufacturer is willing to consent to the lawyer's representation, provided the consent is memorialized in writing. Under the ABA Model Rules of Professional Conduct, may the lawyer undertake the representation?

  • Yes, because the mediation is over and a neutral's duties end once the proceeding concludes; no consent is necessary.

  • No. A lawyer who served as a mediator can never later advocate for either party in the same dispute, even with consent.

  • Yes. With informed consent from both manufacturers, confirmed in writing, Rule 1.12 permits the lawyer to represent the party in this dispute.

  • No, unless the lawyer's firm screens the lawyer from the matter and the firm, rather than the lawyer, handles the case.

Question 10 of 20

A business owner seeks your advice on terminating an employee who has been underperforming for several months despite previous warnings. The owner wants to proceed with the termination while minimizing the risk of a wrongful termination lawsuit. What should you recommend?

  • Advise the client to document the employee's performance issues and follow the company's termination procedures.

  • Offer the employee a resignation package as an alternative to formal termination.

  • Propose terminating the employee after a verbal warning has been issued for performance issues.

  • Explain to the client that without a written employment contract, termination can proceed without additional procedures.

Question 11 of 20

Judge Dagan is overseeing a complex environmental lawsuit involving multiple parties. The judge decides not to read the reports submitted by one side, citing prior familiarity with similar claims. Which action aligns with the requirement to carry out duties with thoroughness and fairness?

  • Review the cited case law to ensure you fully understand the parties' legal positions

  • Rely on insights from similar past matters without studying the current submissions in detail

  • Have a clerk prepare a concise summary that covers only selected arguments

  • Review submissions from both parties and allow responses as needed

Question 12 of 20

An attorney is defending a real estate developer in a negligence lawsuit. The attorney drafts private memoranda analyzing witness credibility and possible arguments before trial. The opposing side requests these memoranda during discovery. Which statement best describes the status of these documents under the protective rules for an attorney's materials?

  • They enjoy limited protection only when drafted in the attorney's office and would automatically remain undisclosed.

  • They fall outside the categories of protected documents and are subject to disclosure upon request.

  • They have protected status, but a court can allow their discovery if the requesting party shows substantial need and lacks alternative sources.

  • Such documents are never discoverable under any circumstances.

Question 13 of 20

Multiple clients recently reported seeing an online advertisement in which an attorney declared, “Hire us for a better recovery than any other firm.” The ad also describes two previous verdicts that were higher than the average in the region. Which statement accurately addresses whether that communication is permissible?

  • It is unacceptable if it implies outcomes that are not substantiated and misleads potential clients

  • It is acceptable when the claim is widely publicized along with online references for potential clients to review

  • It is acceptable if the attorney lists prior results that support the claim

  • It is acceptable when the firm includes a disclaimer regarding different outcomes for future clients

Question 14 of 20

An attorney represents a landlord in a dispute with a property manager. During exchanges with the property manager’s counsel, the attorney states that the landlord never received any rent from the property manager, despite the landlord’s record of partial payments. The attorney believes this statement will lead to a faster resolution. Which statement best describes the ethical implications of the attorney’s behavior?

  • It was acceptable under certain conditions since a quicker resolution was the goal of the attorney’s assertion.

  • It was questionable because the attorney presented false information about payments to the other side.

  • It was allowed if the property manager’s counsel had access to the landlord’s payment records.

  • It was appropriate because statements during negotiations are generally categorized as opinions.

Question 15 of 20

During settlement discussions concerning a design dispute, an attorney represents a homeowner. The contractor on the opposing side also has counsel. The attorney plans to call the contractor’s project manager to discuss routine procedures. The project manager oversees job-site matters and speaks on behalf of the contractor in contract-related issues. Which approach is best?

  • Mention that the conversation will avoid legal issues related to liability

  • Ask the project manager questions restricted to administrative topics

  • Have a staff member reach out to the project manager, to avoid direct communication

  • Obtain the contractor’s counsel’s consent before speaking with the project manager

Question 16 of 20

Monica is setting up her practice in a new location. She accepts a check from a client who pays an advanced fee for representation. She considers depositing the funds into her operating account, under the label “anticipated costs.” Is it appropriate for her to place these unearned funds in her operating account?

  • No, advanced funds remain in a separate account while the work is being performed

  • No, client funds are managed without being held in a special account

  • Yes, if her client provided an agreement for monthly withdrawals

  • Yes, if she labels them in her general account ledger

Question 17 of 20

An attorney received a client’s litigation file well before a date set by the court. The attorney worked on other matters and sent the required documents after that date had passed, which prevented the client from pursuing the case. Which choice best describes the attorney’s actions?

  • The attorney decided to work on the matter after completing a backlog

  • The attorney followed the intake procedure for new files

  • The attorney relied on updates from the client to manage scheduling

  • The attorney did not address the official date, leaving the client unable to proceed

Question 18 of 20

Three attorneys, all licensed in State X, want to practice together by forming a professional corporation that will offer legal services to the public. According to the ABA Model Rules of Professional Conduct governing ownership and fee sharing in such entities, which of the following proposed arrangements would comply with the rules?

  • The three lawyers are the sole shareholders and corporate directors.

  • A non-lawyer holds a minority share of stock in the corporation.

  • The corporation agrees to pay an outside marketing company a percentage of legal fees as a commission.

  • Because it is a separate legal entity, the corporation is exempt from the Rules of Professional Conduct.

Question 19 of 20

Attorney Smith is representing Client A in a contract negotiation. During the negotiations, Client B, who is already represented by another attorney, sends an email directly to Attorney Smith to discuss settlement terms without involving their own counsel. According to the ABA Model Rules of Professional Conduct, what should Attorney Smith do in response?

  • Inform the opposing counsel about Client B's attempt to communicate and await further instructions.

  • Ignore the email from Client B and continue negotiations without addressing the communication.

  • Respond directly to Client B, discussing the settlement terms as proposed.

  • Request Client B's consent to communicate directly without involving their attorney.

Question 20 of 20

Jessica, an attorney handling a family law case, receives multiple emails from her client each day requesting updates and advice. Responding to every message is becoming time-consuming and is affecting her ability to manage the case effectively. According to professional responsibility rules, how should Jessica manage her communications with her client?

  • Set reasonable boundaries for communication methods and frequency, ensuring the client is kept informed while managing the workload effectively.

  • Limit communication to scheduled meetings and manage email responses outside of business hours appropriately.

  • Respond to client communications promptly to ensure the client feels supported.

  • Delegate some client communications to a junior associate to handle routine updates.