Most states require a two-day Bar Examination. The Bar Examination consists of three parts:

• The Multistate Essay Examination (MEE)
• The Multistate Performance Test (MPT)
• The Multistate Bar Examination (MBE)

The Bar Examination is offered twice a year, usually on the last Tuesday and Wednesday in February and July. You may sit for the Bar any time after graduation.

In most states you must also pass the Multistate Professional Responsibility Examination (MPRE) offered three times per year, usually in November, March, and August. You may take the MPRE before you graduate, but many states set time parameters on the exam.

Utah requires examinees pass the Uniform Bar Exam (UBE), which has been adopted by a majority of jurisdictions. Your UBE score is portable, although each jurisdiction sets its own passing score and other requirements. Unlike some other states, Utah does not test on state-specific law.

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In Utah, the MBE tests:

• Civil Procedure
• Constitutional Law
• Contracts
• Criminal Law
• Evidence
• Real Property
• Torts

In Utah, the MEE tests:

• Business Associations (Agency and Partnerships, Corporations, and Limited Liability Companies)
• Civil Procedure
• Conflict of Laws
• Constitutional Law
• Contracts and Sales (UCC Article 2)
• Criminal Law
• Criminal Procedure
• Evidence
• Family Law
• Real Property
• Secured Transactions (UCC Article 9)
• Torts
• Wills, Trusts, and Decedents’ Estates

In Utah, the MPT tests:

• Problem solving
• Factual analysis
• Legal analysis
• Reasoning
• Written communication
• Organization
• Managing a legal task
• Recognizing and resolving ethical dilemmas

The MPT is designed to reflect the work lawyers are required to do every day. Students receive a memo with instructions, a client file, and a library of legal materials and must use these materials to create a written document, such as an objective memo, client letter, motion, judicial opinion, contract, discovery plan, or closing argument.

The MPRE tests established rules of professional conduct. These rules are covered in your Legal Profession class.

Six of the tested topics are taught in your first-year courses. We recommend that you take courses covering the remaining seven topics tested on the Bar Examination. You don’t have to take a course on all seven remaining subject areas, but you should take one or two Bar-tested courses each semester. Bar courses give you early exposure to tested material and form the core of a robust legal education. Not all courses are offered every semester.

Bar-tested courses usually offered twice per year:

• Evidence
• Business Associations (covered in our Business Organizations class)
• Criminal Procedure
• Wills, Trusts, and Decedents’ Estates (covered in our Trusts and Estates class)
• Legal Profession (required for graduation and usually taken in the second year)

Bar-tested courses offered once per year:

• Family Law
• Secured Transactions (covered in our Commercial Law class)

Bar-tested courses offered every other year:

• Conflict of Laws

Dean Heiny is available to help you with course planning.

The Bar’s Character and Fitness Committee determines whether applicants are morally and ethically fit to practice law. The committee may consider any number of records, including your credit history, mortgage or rental payment history, student loans, military record, criminal history, driving record, traffic citations, tax filings and payments, lawsuits, and payment of child support. They also require an FBI background check.

Students are often surprised by the depth of the character and fitness investigation. Now is the time to document and address any issues. Dean Heiny and Professor Hill are available for advising.

In August 2022, Utah Law entered an institutional agreement with Themis Bar Review to provides comprehensive Bar Exam preparation and MPRE preparation to all law students. Themis Bar Review has one of the best track records in the country for proven Bar Exam success. In several recent Bar Exams, 100% of Utah Law students who participated in a Themis Bar Review course passed the exam.

The College of Law is committed to ensuring every student has the support and resources to pass the Bar Exam, and our partnership with Themis Bar Review to provide a quality comprehensive Bar Exam course to every graduating student is a significant part of that commitment.

Students will get information during their third year of law school about accessing their free Themis Bar Exam course, open in early spring for those who wish to begin studying.

You should sit for the Bar in the jurisdiction where you plan to practice. For most students, that’s an easy decision. However, if your post-graduate plans are uncertain, you’ve accepted a federal or JAG position, or you need to be licensed in two states, you need to be strategic.

Every state sets its own rules for attorney licensing, creating a patchwork of sometimes confusing rules. Not all states have attorney reciprocity. Don’t assume that just because you pass the Bar in one state that you’ll be allowed to practice law in another.

Over 40 jurisdictions, including Utah, have adopted the Uniform Bar Examination. Each UBE state accepts transferred scores from other UBE states. However, each UBE jurisdiction sets its own passing score. Each also sets its own MPRE, character and fitness, and state-specific testing requirements. Some require you to take an additional state law exam. States may also only accept a transferred score for a limited period of time. Each UBE state sets its own rules on whether to accept all or part of a score from a non-UBE state.

Carefully review the rules for each state. The National Conference of Bar Examiners has an overview of each state’s rules. Always double-check each jurisdiction’s licensing information—the rules change frequently.

If both states are UBE jurisdictions, you only need to sit for the Bar in one jurisdiction. Your score should transfer to the other. Remember that each UBE state sets its own passing score, and each also sets its own MPRE, character and fitness, and state-specific testing requirements. Some states require you to take an additional state law exam. Review each state’s rules and make sure you are meeting all the requirements.

If one state is not a UBE jurisdiction, you may be able to sit for two Bar exams during the same exam cycle. However, you’ll need to consider the exam dates for each jurisdiction, geographical challenges, and the chance of success. See Professor Hill or Dean Heiny for advising.

Applicants in most jurisdictions are required to take the Multistate Professional Responsibility Exam (MPRE). The MPRE is a two-hour, 60-question multiple choice exam designed to test your knowledge of established standards related to a lawyer’s professional conduct. It is administered by the National Conference of Bar Examiners (NCBE).

Scores range from 50 to 150 and are scaled nationally, and each jurisdiction sets its own passing score. Utah requires a score of 86 or above. The MPRE is usually offered in November, March, and August. The deadline for registration is usually two months prior to the exam, and you must register at ncbex.org. If you plan on applying for accommodations for the MPRE, the recommended deadline is usually four months prior to the exam.

Although many students wait to take the exam until after they have taken Legal Profession, it is not required. You may take the MPRE before or after you graduate, but many states set time parameters on the exam. Applicants in Utah must take and pass the MPRE prior to admission, but there is no required timeframe. Websites that list a two-year requirement in Utah are out-of-date.

In addition to taking Legal Profession, you should plan to study for the MPRE. We recommend you study for a total of 15-20 hours during the two weeks before the exam using a commercial MPRE prep course. The three major Bar preparation courses (Themis, Barbri, and Kaplan) all provide a free MPRE prep course as an advertising tool. Because students will be using Themis Bar Review for their Bar Exam preparation course, we strongly recommend students use Themis Bar Review for their MPRE preparation to become familiar with the platform. Themis Bar Review provides a full MPRE prep course, including online lectures, practice questions, and full-length practice exams.

In addition to the preparation materials offered by Themis, the NCBE provides a list of tested topics as well as 15 free sample questions. You can buy one online exam with answers and explanations through the NCBE study aids store; however, don't feel you need to buy the NCBE exam to be sufficiently prepared for the MPRE. Our students have traditionally been very successful in passing the MPRE after completing the Themis MPRE program.

Utah administers the Uniform Bar Examination (UBE), a two-day examination given the last Tuesday and Wednesday in July and February.

The written component of the exam is administered on the first day. In the morning, applicants take the Multistate Essay Examination (MEE). Applicants have three hours to answer six essay questions taken from 13 subject areas:

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• Business Associations (Agency and Partnerships, Corporations and Limited Liability Companies)
• Civil Procedure
• Conflict of Laws
• Constitutional Law
• Contracts and Sales (UCC Article 2)
• Criminal Law
• Criminal Procedure
• Evidence
• Family Law
• Real Property
• Secured Transactions (UCC Article 9)
• Torts
• Wills, Trusts, and Decedents’ Estates

In the afternoon, applicants take the Multistate Performance Test (MPT) and have three hours to answer two MPT questions. Each MPT is given the same weight as two essays. The MPT examines six fundamental lawyering skills that are required for the performance of many lawyering tasks:

• Problem solving
• Factual analysis
• Legal analysis
• Reasoning
• Written communication
• Organization
• Management of a legal task
• Recognizing and resolving ethical dilemmas

The multiple choice component of the exam, called the Multistate Bar Examination (MBE), is administered on the second day.

Applicants have three hours in the morning to answer 100 questions and three hours in the afternoon to answer 100 questions. The MBE tests your knowledge of:

[Red indicates a course we require for graduation]

• Civil Procedure
• Constitutional Law
• Contracts
• Criminal Law
• Evidence
• Real Property
• Torts

The MEE, MPT, and MBE are all prepared by the National Conference of Bar Examiners (NCBEX). The MEE and MPT are graded by the Utah Bar Examiners and scaled to national scores. The combined MEE and MPT score is worth a maximum of 200 points. Your MEE and MPT are graded regardless of your MBE score, while your exam is only graded once.

The MBE is graded by the National Conference of Bar Examiners and scaled nationally and is worth a maximum of 200 points. You cannot pass in Utah solely on your MBE score.

Each UBE state sets its own passing score. In Utah, you must score 270 points or more to pass the exam. Other states accept a score as low as 260 or require a score as high as 280.

Each state has its own Office of Bar Admissions and its own application rules and requirements. Carefully review the state rules. The National Conference of Bar Examiners website has an overview of each state’s rules.

Begin the process at least three months before the first application deadline. Many applicants are surprised by how much information the Bar requires, and the Bar will not extend its deadlines.

The College of Law holds periodic information sessions to help you with your application, so watch your email for dates.

Each jurisdiction sets its own application deadlines, which can start as early as Jan. 1 of a student’s third year of law school. Sometimes they even have requirements students should begin working on in fall of their third law school year.

Students should begin researching application deadlines during their second year of law school for jurisdictions they are potentially interested in. In fall of their third year, students should narrow down the jurisdictions they are interested in and verify all deadlines and application requirements so they don't miss any important dates.

In Utah, the July Bar exam application deadline has traditionally been March 1, and the February Bar exam application deadline has traditionally been Oct. 1. The Bar typically allows late submissions 15 days ($100 late fee) and 30 days ($300 late fee) after the first deadline. However, the Admissions Office does not guarantee that late applications will be cleared through the character and fitness process in time for applicants to sit for the Bar exam.

As a result, we strongly recommend all applicants apply by the first deadline both to avoid unnecessary costs and to avoid the possibility that they will not be cleared through the application process in time to sit for the Bar Exam they had planned on.

The Bar’s Character and Fitness Committee determines whether an applicant is morally and ethically fit to practice law. The committee may consider any number of records, including your credit history, mortgage and rental payment history, military record, criminal history, driving record, traffic citations, tax filings and payments, lawsuits, and child support payment. They also require an FBI background check.

Students are often surprised by the depth of the character and fitness investigation. Review the character and fitness requirements and address any issues several months before the Bar application deadline. Review your credit report and criminal record and address any inaccuracies. Pay or dispute unpaid debts. Limit your loans, whether for education or otherwise. Make sure you are current with any court orders, including traffic fines and child support. Use credit carefully and pay your bills promptly. Keep a careful record of all financial and court actions.

The Bar conducts an independent background check on each applicant and also compares all applicant disclosures and background check results to the information disclosed on the student’s Law School Admissions Council application. Review your law school admissions application to ensure that you disclosed all required information. Immediately contact the associate dean of admissions if you believe there was an error or omission in your application.

Studying for the Bar is a full-time job

Every Bar examinee should study 500 hours before taking the exam. You should plan to spend about 40 hours per week attending or watching lectures, memorizing black letter law, taking or outlining practice exams, and carefully reviewing the answers to those exams. You cannot cram for the Bar.

If at all possible, make Bar preparation your only job in the two months before the exam. If you must work, limit your hours. Don’t be afraid to ask for reduced hours and time off in the weeks prior to the exam. Your employer has a vested interest in your exam results—just as you do.

Bar preparation courses

In August 2022, Utah Law entered an institutional agreement with Themis Bar Review to provides comprehensive Bar Exam preparation and MPRE preparation to all law students. Themis Bar Review has one of the best track records in the country for proven Bar Exam success. In several recent Bar Exams, 100% of Utah Law students who participated in a Themis Bar Review course passed the exam.

The College of Law is committed to ensuring every student has the support and resources to pass the Bar Exam, and our partnership with Themis Bar Review to provide a quality comprehensive Bar Exam course to every graduating student is a significant part of that commitment.

Students will get information during their third year of law school about accessing their free Themis Bar Exam course, open in early spring for those who wish to begin studying.

Our former students have put together a list of tips and tricks they found helpful when taking—and passing—the Bar.

Know your resources

The College of Law offers a supplemental for-credit Bar preparation course each spring called Problem Solving and Analysis II. This class does not supplant your regular 500-hour bar preparation process but gives you a longer supported period of bar preparation. The class may be useful to students who have significant outside commitments during the standard Bar preparation period, struggle with high-stakes exams, or have difficulty memorizing large amounts of information in a short time period.

Utah Law also maintains a Bar Support Canvas page for Bar examinees. Third-year students are automatically added as students in the course. There you will find detailed guides to choosing a Bar preparation program, crafting a study schedule, preparing friends and family for the Bar preparation period, approaching topic areas, and question types.

Finally, Professor Hill offers additional Bar preparation tutorials on a regular basis. Contact him for details and schedules.

Studying for the Bar is a marathon, not a sprint

You cannot cram for the Bar. Make a study plan, or follow the plan provided by your commercial Bar preparation provider. Make yourself accountable to someone.

Students often fail for the simplest and most avoidable reason: They fail to put in the necessary study time.

Know your own study style, and don’t change it

Whether you thrive in study groups or prefer to work independently, the most important thing is to have a plan and stick to it.

Avoid the internet (and other distractions)

A variety of programs and apps can block your internet or social networking sites for a set period of time. If you choose online lectures, connect your computer to your television and then put the computer, phone, and tablet in another room.

Watch the lectures on 1.5 speed

If you study at home, you can adjust the speed of the lectures. Watching the lectures at 1.5 speed can save a lot of time.

Flashcards

Many of our former students also recommend Critical Pass flashcards to help you memorize black letter law. The sets are more than $100 new, but you may be able to buy a used set for much less.

Thinking of the Bar as a pass-fail test is a good way to fail the Bar

More than 10% of failing Utah Law students failed by less than 1% of the available points, and more than 56% of failing Utah Law students failed by between 1% and 5% of the available points. Overshoot your goal.

Manage your relationships

Many non-lawyers think anyone who graduated from law school should be able to pass the Bar, and many also think that full-time study is overkill.

Discuss your study plans with your family and non-lawyer friends in advance. Explain that the Bar tests material you may not have learned in law school and tests it in a different way from law school exams. Let friends and family know that the two months before the Bar will be stressful and that you may be absent more than you would like. Schedule family vacations after the exam. Don’t delude yourself into thinking you will study on the beach. You won’t.

Manage your finances

If at all possible, make Bar preparation your only job in the two months before the exam. If you must work, limit your hours. Don’t be afraid to ask for reduced hours and time off in the weeks before the exam. Your employer has a vested interest in your exam results—just as you do.

While working less, paying for Bar review courses, and buying extra study aids is financially taxing, your salary as a licensed attorney will more than compensate for it.

Take care of yourself

Take scheduled breaks. Sleep seven to nine hours per night. Exercise. Spend some planned time with family or friends. If you find yourself becoming depressed or overly anxious, don’t be afraid to ask for help.

Apply for accommodations if you need them

The Bar examiners will provide accommodations for applicants who qualify under the Americans with Disabilities Act, and the Bar has an independent process for determining whether accommodations are necessary. You can apply even if you did not have accommodations in law school but may need to arrange for more or updated testing and documentation. File your application as early as possible.

The Bar may also provide accommodations in other circumstances. For example, pregnant applicants might qualify to sit close to the restroom or to bring a small snack.

Dress in layers

The exam room is cold. Wear pants and dress in layers.

Bring a sack lunch

You will have a break between the morning and afternoon testing sessions. While there are some restaurants in the vicinity, you'll need to drive and wait in line. Save yourself the stress and bring a sack lunch instead.

Know where to find the closest internet connection  

If you take the exam on your laptop, you'll need to upload it by the evening deadline. There is no internet at the exam site. Know where the nearest internet connection is, and go there immediately after the exam. The Bar examiners will not accept exams uploaded after the deadline. Dinner can wait—uploading cannot.

Most students worry they won’t pass the Bar. Some anxiety is normal and is not a sign that you’ll fail. If you’ve been studying regularly, your chances of passing are excellent.

However, some applicants face compelling life circumstances that make Bar passage unlikely. A serious accident, illness, or family emergency can badly derail your study plans. In that case, you might consider transferring or withdrawing your application.

The Utah Bar will allow you to transfer your application if there is a death in your immediate family or you have a personal medical emergency. You must submit a written request and pay a $100 transfer fee. You must also specify which of the next two exams you will take.

If you don’t qualify for a transfer, you are allowed to withdraw your application. If your application has not yet been accepted for processing, you may withdraw and receive a full refund. After your application has been accepted, you may withdraw up to 30 days before the examination and receive a 50% refund. If you withdraw less than 30 days before the exam, you will not receive a refund.

Regardless, you must send a written request to withdraw to the admissions office and reapply when you are ready to take the exam.

Some students decide to sit for the Bar rather than forfeit their application fees and face the task of reapplying. Others decide that the professional ramifications of failing outweigh the cost of reapplying. Failing can also be demoralizing and make it more difficult to pass the Bar at a subsequent sitting. See Professor Hill or Dean Heiny for advising.