I always knew that I would have to sit for the bar exam but tried to avoid learning about the different parts of the test until my 3L. I am here to explain the UBE in a no-pressure environment. Taking baby bites of a scary topic well in advance of having to face the music gives me at least the illusion of being in control. Hopefully you feel the same!
1. What is the UBE? “UBE” stands for the Uniform Bar Examination. It is a standardized bar exam administered across 26 participating states by the National Conference of Bar Examiners (NCBE). The UBE was designed to be “portable.” When you take the UBE in one jurisdiction, you can use that same score in another state to apply for admission (so long as the other jurisdiction has also adopted the UBE or will otherwise accept the score under its rules). Since so many lawyers live in one state and practice in another or need to be admitted in multiple jurisdictions, the UBE was an attempt to eliminate the need to sit for multiple bars. Some non-UBE states will accept UBE scores, too. You can find that information along with other helpful FAQs about the UBE on the NCBE’s website. Here is the link: https://www.ncbex.org/exams/ube/score-portability/
2. How long is my UBE score good for? Unfortunately, your UBE score does not last forever. UBE scores can be transferred for a maximum of five years. Make sure to check the jurisdiction that you want to transfer to because some states, like North Dakota, will only accept a bar score that is two years old or younger, while New York will accept a UBE score from three years ago. Another nice aspect of the portability feature is that if you fail in the state in which you took the exam, you can transfer that UBE score to a jurisdiction with a more forgiving passing threshold and apply for admission there. For example, Massachusetts (a UBE state) requires a 270 to pass. New York (also a UBE state) only requires a 266. Say you take the UBE in Massachusetts and score a 266. While you are out of luck in Massachusetts, you can apply to transfer your score to New York. Presuming that you meet the other requirements for admission in New York (character and fitness, etc.), you can be a practicing attorney in New York. Here is an interactive map from the NCBE showing which states have adopted the UBE and what the portability permissions are: https://www.ncbex.org/exams/ube/
3. What are the parts of the UBE and how much are they each worth with respect to my total score? The UBE consists of three parts: the Multistate Bar Examination (worth 50%), the Multistate Essay Examination (worth 30%) and the Multistate Performance Test (worth 20%).
· On the Multistate Performance Test, or the MPT, examiners provide you with various materials to write a memo or brief. You will often receive some case law, a statute from a fictional jurisdiction and possibly news articles (the provided information will vary by exam). You will analyze the materials, deduce what legal question is being tested and write a memo or brief to address that issue. The MPT portion is considered “open book,” because you get to keep the provided materials with you during this section. The MPT is administered during the morning session of the first day of the UBE. There are two separate MPT assignments, each lasting 90 minutes (making the MPT section a total of three hours).
· The Multistate Essay Examination, or the MEE, consists of 6 thirty-minute essays administered in the afternoon of the first day of the UBE following the MPT and your post-MPT break. The possible topics for the MEE section include the MBE topics mentioned below and Business Associations, Conflict of Laws, Family Law, Trusts and Estates, and Article 9 of the Uniform Commercial Code. It is plausible that on the MEE, you will prepare to write about one of the aforementioned topics but it will not be tested. The same subject could also appear twice in two different essay questions. What an unpleasant gamble for a population that tends to be risk averse.
· The Multistate Bar Examination, or the MBE, is a 200 question multiple choice exam administered over the course of six hours on the second day of the UBE. You will sit for 2 three hour sessions of 100 questions, with a break in between. Of the 200 questions, only 175 are scored. The other 25 questions are unscored pretest questions. The 175 scored questions are broken up evenly among the following subject lines, with 25 questions per topic: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.
To be clear, you will only be tested on the additional MEE topics mentioned above (Business Associations, Conflict of Laws, etc.) on the essay section and there is no way of knowing which topics will appear ahead of test day. However, all of the MBE topics just listed (Civil Procedure, Constitutional Law, etc.) will be tested on the MBE and are fair game for the MEE section as well.
That’s right, the UBE is a total of twelve hours. You will have more than earned a bar trip asleep on a beach, far away from the NCBE.
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