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.

Free Multistate Professional Responsibility Exam Practice Test
- 20 Questions
- Unlimited
- Regulation of the legal professionThe client-lawyer relationshipClient confidentialityConflicts of interestCompetence, legal malpractice, and other civil liabilityLitigation and other forms of advocacyTransactions and communications with persons other than clientsDifferent roles of the lawyerSafekeeping funds and other propertyCommunications about legal servicesLawyers’ duties to the public and the legal systemJudicial conduct
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A lawyer previously advised a startup company in its initial funding round. Now, a competitor of that startup approaches the lawyer for representation in a similar funding matter. What should the lawyer do to determine if a conflict of interest exists?
Obtain written consent from the startup before representing the competitor.
Proceed with representing the competitor, as the previous client was a startup and the new client is a competitor.
Decline to represent the competitor after conducting further analysis.
Assess whether the prior relationship with the startup affects the ability to represent the competitor.
Answer Description
The correct answer is to assess whether the lawyer's prior relationship with the startup could affect the ability to represent the competitor without bias or ethical concerns. This ensures that the lawyer maintains integrity and avoids conflicts of interest.
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What constitutes a conflict of interest in legal representation?
What steps should a lawyer take to assess conflicts of interest?
When can a lawyer seek consent from a former client to resolve a conflict of interest?
Under the MRPC, when is a written client-lawyer contract required?
When the lawyer and client agree to a contingency fee arrangement.
When the representation involves a business transaction valued at $25,000 or more.
When the representation is expected to be completed within one year.
When the representation involves criminal defense.
Answer Description
A written client-lawyer contract is required when the parties agree to a contingency fee arrangement. Contingency fee agreements must be in writing to ensure clarity and compliance with ethical standards. The other options do not universally require a written contract under the MRPC.
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What is a contingency fee arrangement?
Why are contingency fee agreements required to be in writing under the MRPC?
Are there exceptions to contingency fee arrangements under the MRPC?
An attorney is retained by a client to manage a complex litigation case, with explicit instructions that all major legal strategies must be approved by the client. Believing it is in the client’s best interest, the attorney unilaterally decides to accept a settlement offer without consulting the client. Which of the following best describes the attorney’s decision-making authority in this situation?
The attorney exceeded their actual decision-making authority by settling without client approval.
The attorney acted within their apparent authority to settle the case.
The attorney demonstrated appropriate decision-making by acting in the client’s best interest.
The attorney did not have decision-making authority to settle, rendering the settlement void.
Answer Description
The attorney exceeded their actual decision-making authority by making a significant decision without the client’s approval, which was contrary to the agreed-upon scope of representation.
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What is the difference between actual authority and apparent authority in legal representation?
What are a client’s rights in managing attorney-client decision-making?
What are the ethical implications of an attorney acting outside the agreed scope of representation?
Attorney Johnson is representing a client in negotiating a merger with a company in which Attorney Johnson owns a significant number of shares. What should Attorney Johnson do to comply with professional responsibility standards?
Disclose the financial interest once its necessary.
Consider terminating the representation to address the conflict of interest.
Continue representing the client while holding shares in the merging company.
Inform the client about his financial interest in the merging company and determine how to proceed with the representation.
Answer Description
Attorney Johnson should inform his client about his financial interest in the merging company and decide on the appropriate steps to continue the representation. This approach ensures transparency and allows the client to make an informed decision, aligning with ethical standards that prioritize the client's interests and the lawyer's duty of loyalty.
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What is a conflict of interest in legal representation?
What does 'informed client consent' mean in this context?
What professional rules govern conflicts of interest for attorneys?
An attorney represents a client in a personal injury case and receives a significant referral fee from a medical provider for each client referred. Which of the following actions by the attorney most likely violates the rules regarding third-party compensation and influence?
Using the referral fee to reduce the attorney’s hourly rate.
Accepting the referral fee without the client's knowledge.
Refusing to accept the referral fee to avoid conflicts.
Disclosing the referral fee to the client.
Answer Description
Accepting a referral fee from a third party without the client's informed consent violates the rules on third-party compensation and influence. This action compromises the attorney's independence and may affect the attorney's loyalty to the client. Disclosing the fee or refusing it are compliant behaviors, and using the fee to reduce the hourly rate does not address the core issue of third-party influence.
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Why does accepting a referral fee without the client's knowledge violate ethical rules?
What constitutes 'informed consent' in this context?
How does third-party influence affect attorney-client relationships?
When a lawyer decides to end their representation of a client, what is the lawyer required to do?
Refund applicable fees paid by the client.
Obtain the client's permission before withdrawing from the case.
Provide an explanation for ending the representation.
Inform the client and take steps to protect the client's interests during the termination.
Answer Description
The correct answer emphasizes the lawyer's responsibility to inform the client and take steps to protect the client's interests, ensuring a smooth termination. The other options impose additional requirements, such as refunding fees, obtaining permission, or providing explanations, which are not mandated in all circumstances.
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Why is it important for a lawyer to take steps to protect a client's interests during termination?
Can a lawyer ever withdraw from representation without the client's consent?
Are there situations where fees must be refunded to the client when ending representation?
Attorney Smith discovers that Attorney Jones has been consistently overbilling clients by adding exaggerated hours to their accounts. According to the MRPC, what should Attorney Smith do regarding this information?
Report the misconduct to the appropriate disciplinary authority.
Confront Attorney Jones privately and monitor the situation without reporting.
Inform the clients regarding Attorney Jones’s billing practices in an appropriate manner.
Choose not to address the overbilling if no clients raise concerns.
Answer Description
Under the MRPC, specifically Rule 8.3, a lawyer is required to report another lawyer's professional misconduct that raises a substantial question about the lawyer's honesty or trustworthiness. Overbilling clients by exaggerating hours undermines trust and honesty, thereby necessitating mandatory reporting. Other options either fail to recognize the seriousness of the misconduct or incorrectly categorize the reporting obligation.
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What is Rule 8.3 of the MRPC?
Why is overbilling considered a serious ethical issue under the MRPC?
Are there any exceptions to the reporting requirement under Rule 8.3?
Attorney Smith has been practicing environmental law for several years. Recently, there have been significant changes in environmental regulations and relevant case law. To maintain her professional competence, Smith should:
Continue handling cases without seeking additional training
Participate in professional development activities focused on recent advancements in environmental law
Delegate the interpretation of new regulations to a junior associate
Transfer new environmental cases to a colleague with more recent experience
Answer Description
Engaging in professional development activities related to recent advancements in environmental law is essential for Attorney Smith to stay informed and effective in her practice. Relying solely on existing knowledge may lead to outdated practices, and delegating responsibilities does not address her personal competency in the evolving legal landscape.
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Why is professional development important for attorneys?
What are examples of professional development activities for attorneys?
What are the consequences of neglecting professional development?
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?
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.
Set reasonable boundaries for communication methods and frequency, ensuring the client is kept informed while managing the workload effectively.
Delegate some client communications to a junior associate to handle routine updates.
Answer Description
Setting reasonable boundaries for communication methods and frequency allows the attorney to keep the client informed while effectively managing the workload. Responding promptly ensures the client feels supported without becoming overwhelming. Limiting communication too strictly or delegating essential communications can hinder effective representation.
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What are 'reasonable boundaries' for attorney-client communications?
Why can't attorneys delegate essential client communications?
How do professional responsibility rules balance client communication with workload management?
Attorney Johnson is representing a client in a personal injury case against a construction company. Recently, Johnson invested in a third-party litigation funding company that provides financial backing to plaintiffs in similar personal injury cases, including those against construction companies. Which of the following actions is most appropriate for Attorney Johnson to take to comply with professional responsibility rules?
Seek permission from the court to disclose her investment while representing the client.
Consider not addressing the investment since it does not directly involve her current client’s case.
Sell her investment in the litigation funding company to address any potential conflicts of interest.
Inform her client about her investment in the litigation funding company and evaluate whether it affects her representation.
Answer Description
Informing the client about the investment and evaluating its impact ensures transparency and maintains the integrity of the representation. This approach allows Attorney Johnson to address any potential conflicts ethically. Selling the investment without evaluation may be premature, considering the actual impact is not yet assessed. Considering not addressing the investment disregards ethical obligations, and seeking court permission is not the standard procedure for managing such financial interests.
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What is a conflict of interest in the context of attorney ethics?
What are third-party litigation funding companies, and why might they create ethical concerns for attorneys?
Why is transparency important for attorneys when managing conflicts of interest?
A lawyer has been suspended from practicing law in State A for six months due to professional misconduct. During the suspension, the lawyer seeks admission to practice in State B, where they have never been disciplined. Which of the following restrictions most accurately applies to the lawyer's right to practice in State B?
The lawyer is allowed to practice in State B after the suspension period in State A has ended.
The lawyer is restricted from practicing in other states while suspended in State A.
The lawyer must disclose the suspension from State A when applying for admission to practice in State B.
The lawyer is required to practice in State B with certain restrictions since the suspension in State A does not automatically apply.
Answer Description
The correct answer requires the lawyer to disclose previous disciplinary actions when applying for admission to a new jurisdiction. This transparency allows State B to assess the lawyer's fitness to practice law. The other options either incorrectly state the extent of restrictions or suggest actions that do not align with standard regulatory practices.
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Why is it important for the lawyer to disclose their suspension to State B when applying?
Does the suspension in State A automatically affect the lawyer's ability to practice in other states?
What is reciprocal discipline in the legal profession?
A lawyer recently resigned from a position as an administrative attorney at a federal regulatory body. A former client of that body seeks representation in a lawsuit challenging a regulation the lawyer worked on during their tenure. What is the MOST appropriate action for the lawyer according to professional responsibility rules?
Represent the client considering the lawyer's current and past affiliations with the regulatory body.
Take on the case but refrain from using information obtained during the lawyer's time at the regulatory body.
Represent the client if they obtain informed consent from the former regulatory body.
Decline the representation due to conflicts of interest arising from the lawyer's former government service.
Answer Description
Declining representation is the correct action because representing a client in a matter directly related to the lawyer's former government service can create a conflict of interest. The lawyer's prior involvement with the regulatory body may compromise their ability to provide impartial representation.
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What constitutes a conflict of interest for lawyers who previously worked in government?
What does 'substantial responsibility' mean in the context of government service?
Can former government lawyers represent private clients in related matters if informed consent is obtained?
A lawyer agrees to represent a client in a complex litigation case on a contingency fee basis, receiving 30% of any settlement or judgment obtained. Which of the following is the BEST consideration in determining whether this fee arrangement is ethical?
Whether the fee allows the lawyer to cover all operational expenses.
Whether the client has the financial means to pay a higher hourly rate if needed.
Whether the lawyer personally prefers contingency arrangements.
Whether the percentage is comparable to typical contingency fees for similar cases.
Answer Description
The reasonableness of the fee is determined by factors such as the complexity of the case, the amount of time and labor required, the experience of the lawyer, and the results obtained. A 30% contingency fee in complex litigation is generally considered reasonable, whereas excessively high or low fees may raise ethical concerns. Other options might address unrelated aspects such as the client's financial status or the lawyer's personal preference, which are not primary considerations in fee reasonableness.
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What factors determine if a contingency fee arrangement is ethical?
Why is the percentage of a contingency fee compared to similar cases important?
What are the consequences of an unreasonable fee arrangement?
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 corporation agrees to pay an outside marketing company a percentage of legal fees as a commission.
A non-lawyer holds a minority share of stock in the corporation.
The three lawyers are the sole shareholders and corporate directors.
Because it is a separate legal entity, the corporation is exempt from the Rules of Professional Conduct.
Answer Description
Under Model Rule 5.4(d), lawyers may practice in the form of a professional corporation only if non-lawyers neither own an equity interest, serve as corporate directors or officers, nor possess the right to direct or control the lawyers' professional judgment. The arrangement in which the three lawyers serve as the sole shareholders and directors satisfies these requirements. All other options violate Rule 5.4 because they involve non-lawyer ownership, impermissible fee sharing, or the incorrect assumption that the corporation is exempt from ethical rules.
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Why are non-lawyers prohibited from owning equity in law firms under Rule 5.4(d)?
What does Rule 5.4 say about fee sharing with non-lawyers?
Are professional corporations for lawyers exempt from ethical rules?
Which of the following actions is most consistent with a managing partner's obligation to supervise subordinate lawyers under professional-responsibility rules?
Limiting the managing partner's involvement in subordinate lawyers' cases to respect their autonomy.
Allowing subordinate lawyers to determine their own compliance strategies without oversight.
Assigning the responsibility for ethical oversight to administrative staff without legal training.
Establishing clear protocols for reporting and addressing ethical violations within the firm.
Answer Description
Under ABA Model Rule 5.1, lawyers with managerial authority must make reasonable efforts to ensure the firm has in place measures that give reasonable assurance all lawyers comply with the Rules of Professional Conduct. Creating clear protocols for reporting and addressing ethical violations satisfies this duty because it establishes a system that detects and responds to misconduct. Merely reducing direct involvement in cases does not create any compliance mechanism. Letting each lawyer craft individual compliance strategies without oversight fails to provide uniform assurance of adherence to the rules. Assigning ethical oversight to administrative staff who are not lawyers does not meet the requirement that those with legal training and authority remain responsible for supervision.
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What is ABA Model Rule 5.1?
Why can't compliance oversight be assigned to non-lawyers?
What are examples of 'clear protocols' for ethical compliance?
Attorney Jordan previously represented Alpha Corp in negotiating a merger. Now, Alpha Corp's competitor, Beta Inc., seeks Attorney Jordan's representation in negotiating a merger against Alpha Corp. What is the most appropriate action for Attorney Jordan to take?
Take on the new client.
Obtain permission from the former client.
Decline to represent the new client.
Terminate the previous representation.
Answer Description
Under the Model Rules of Professional Conduct, specifically Rule 1.9, a lawyer who has formerly represented a client in a matter cannot represent another person in the same or a substantially related matter if that person's interests are materially adverse to the interests of the former client, unless the former client gives informed consent. Since Beta Inc. is a direct competitor and the matters are substantially related, Attorney Jordan must decline representation to avoid a conflict of interest.
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What does Rule 1.9 of the Model Rules of Professional Conduct address?
What is considered a 'substantially related matter' in legal ethics?
When can a lawyer take on a matter with a conflict of interest involving a former client?
An attorney has been reported for consistently failing to communicate with clients about the status of their cases, leading to client dissatisfaction. After an investigation, the disciplinary board determines that these failures were unintentional but indicate a lack of professionalism. What is the most appropriate disciplinary action for the board to take?
Reprimand the attorney and require completion of additional ethics education.
Suspend the attorney’s license for one year.
Disbar the attorney from practicing law.
Dismiss the complaint without further action.
Answer Description
Reprimanding the attorney and requiring additional ethics training is appropriate for unintentional but unprofessional behavior. Suspension or disbarment would be excessive for non-malicious misconduct, and dismissing the complaint would not address the professionalism issues identified.
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What does it mean to reprimand an attorney in a disciplinary context?
Why is additional ethics education often required in disciplinary actions?
Why wouldn’t suspension or disbarment be appropriate for unintentional misconduct?
Attorney Jane is representing two corporations in negotiating a joint venture agreement. During the negotiations, a significant dispute arises between the two corporations that may require legal action. What is the best course of action for Jane to comply with professional responsibility rules?
Represent one corporation more diligently than the other.
Continue representing both corporations without any additional steps.
Withdraw from representing one of the corporations to avoid the conflict.
Obtain informed consent from both corporations after full disclosure of potential conflicts.
Answer Description
Obtaining informed consent from both corporations after fully disclosing the potential conflicts ensures that each client is aware of the situation and agrees to the joint representation. This aligns with ethical standards to prevent conflicts of interest. Continuing to represent both without disclosure might lead to undisclosed conflicts, withdrawing without necessity is not required if consent is obtained, and prioritizing one client over the other breaches duty of loyalty.
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What is informed consent in legal ethics?
What is considered a conflict of interest in joint representation?
What should a lawyer include in the disclosure to clients when seeking informed consent for joint representation?
Which of the following activities is considered the unauthorized practice of law by a nonlawyer?
Offering general legal information at a public seminar.
Assisting with the filing of routine paperwork in a non-legal capacity.
Referring individuals to a licensed attorney for legal matters.
Preparing legal documents for others without a license.
Answer Description
Preparing legal documents for others without a license constitutes the unauthorized practice of law. Nonlawyers are prohibited from engaging in activities that require legal expertise and authorization. The other options involve tasks that do not require a legal license.
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Why is preparing legal documents for others considered the unauthorized practice of law?
What are examples of tasks that nonlawyers can perform without engaging in the unauthorized practice of law?
What are the consequences for someone engaging in the unauthorized practice of law?
Attorney Johnson is representing a client who reveals plans to embezzle funds from their employer and seeks assistance in executing the scheme. Under the exceptions to the confidentiality rule, what action may Attorney Johnson take?
Disclose the client's plan to prevent the embezzlement.
Maintain confidentiality and advise the client to retract their plans.
Seek guidance from a colleague regarding the client's situation confidentially.
Inform the client's employer while maintaining client confidentiality.
Answer Description
Attorney Johnson may disclose the client's plan to prevent the embezzlement. This falls under the exception to confidentiality that allows attorneys to reveal information to prevent reasonably certain death or substantial bodily harm or to prevent a client from committing a crime or fraud.
Ask Bash
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What is the confidentiality rule in legal ethics?
What qualifies as 'reasonably certain harm' under the exceptions to confidentiality?
What steps should an attorney take before disclosing information under the exception?
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