Should Florida adopt the MPT?

The Florida Bar Exam currently consists of two parts: one part written by the Florida Board of Bar Examiners and the second part, the Multistate Bar Exam, written by the National Conference of Bar Examiners. Applicants must also earn a score that Florida considers passing on the Multistate Professional Responsibility Exam.

The Multistate Bar Exam consists of 200 multiple choice questions administered in two three-hour sessions. The Florida Bar exam consists of three hours of essay questions followed by 100 multiple choice questions.

The National Conference of Bar Examiners offers the Uniform Bar Exam, which is used by 36 states and territories. The Uniform Bar Exam (UBE) consists of the MBE, which is part of the Florida Bar Exam, and two additional portions: the Multistate Essay Exam (MEE) and the Multistate Performance Test (MPT). So, generally speaking, all jurisdictions have some combination of essay and multiple choice questions, but there is variation across the country on the use of the MPT or similar examination format.

Now that the background has been established, the question is whether the Florida Bar Exam, consisting of just 300 multiple choice questions and some essays, can be used to determine whether a law school graduate is competent to practice law. My opinion, along with many others, is no, the exam does not separate those who are competent from those who are not. Some argue that the exam is simply a barrier to enter practice to control the number of lawyers admitted at one time. Aside from the fact that the exam scores are scaled, the exam requires test takers to memorize portions of Florida law and regurgitate them back to exam graders while sprinkling in some application of those rules. A newly admitted lawyer may or may not have the ability to explain the law to clients, make informed choices on behalf of clients, advocate for clients, or really do anything other than recite rehearsed rule statements and skeleton essay outlines.

So, how can bar examiners measure an applicant's ability to actually apply a client's facts to the law and come to a conclusion of how to proceed? The National Conference of Bar Examiners presents: the Multistate Performance Test. On the MPT, applicants are given a file with documents relating to a client. The file can include deposition transcripts, pleadings, contracts, notes, and other documents one would expect to find in a case file. Applicants are also provided with a library consisting of statutes, case law, regulations, and rules. Not all the materials in the file or library may be relevant to the question presented, which challenges applicants to determine what is relevant to answer the question. Applicants then prepare a memorandum answering the question presented.

This format of exam provides test takers with a task that they will likely be presented with early on in practice and assesses the ability to apply an area of law (not memorized for the rest of the exam) to new and unique facts. As a taker of the upcoming July 2024 bar exam, I am glad I do not have to worry about the unpredictability of the MPT. But in thinking of the public interest, the state needs to ensure that all lawyers are adequately prepared practice law.