Getting Licensed to Practice Law
The Bar Exam, MPRE, and Utah’s Alternate Pathway to Licensure
It’s never too early to start planning to get licensed as an attorney!
In Utah, law school graduates can become licensed via the new Alternate Pathway Licensure rules or by taking the Bar Exam. Most jurisdictions other than Utah only allow licensure via a bar exam. Regardless of your licensure path, your journey starts in your first year, as you develop essential legal skills and knowledge. Throughout your second and third years, you’ll choose courses, explore Bar prep or Alternate Pathway Licensure options, plan your study schedule, and apply to the jurisdiction where you decide to seek licensure.
The Bar Exam is held twice a year, usually on the last Tuesday and Wednesday In February and July.
- During your first year, you should begin to consider where (and whether) you would like to get licensed as an attorney. Then, you should look up the licensing rules for that jurisdiction.
- Most states require a two-day bar examination. Starting in July 2028, Utah, along with more than 40 other jurisdictions, will administer a new type of bar exam called the NextGen Bar Exam. This Bar Exam will still be offered twice a year, usually on the last Tuesday and Wednesday in February and July. You may sit for the Bar Exam any time after graduation.
- Utah now also allows Alternate Pathway Licensure, which does not require you to take the full bar exam to become licensed in Utah. A shorter exam is still required, you must take certain classes while in law school, and you must complete supervised practice hours after law school graduation to qualify for Alternate Pathway Licensure. The requirements for Alternate Pathway Licensure are outlined here. Please reach out to registrar@law.utah.edu if you have questions about what classes are required for Alternate Pathway Licensure.*
- 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.
*To see the list of Alternate Pathway Licensure class requirements, open the "Alternate Pathway Licensure Course Planning" tab.
[Red indicates a course we require for graduation]
In Utah, the MBE tests:
- Civil Procedure
- Constitutional Law
- Contracts
- Criminal Law
- Evidence
- Real Property
- Torts
- Business Associations (Agency and Partnerships, Corporations, and Limited Liability Companies)
- Criminal Procedure
The NextGen Bar Exam Performance Tasks test:
- Problem solving
- Factual analysis
- Legal analysis
- Reasoning
- Written communication
- Organization
- Managing a legal task
- Recognizing and resolving ethical dilemmas
The Performance Task is designed to reflect the work lawyers are required to do every day. Examinees receive a memo with instructions, a client file, and a library of legal materials and must use these materials to create a document, such as a memo, client letter, motion, opinion, contract, or closing argument.
The MPRE tests established rules of professional conduct. These rules are covered in your Legal Profession class, but note that some self-study (about 15-20 hours) is usually required to pass the MPRE.
Six of the Bar Exam-tested topics are taught in your first-year courses. If you plan to take the Bar Exam, we recommend that you take courses covering the remaining topics tested on the NextGen Bar Exam. If you plan to pursue Alternative Pathway to Licensure, you must take certain courses. 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
- Legal Profession (required for graduation and usually taken during your 2L year)
Natasha Carlton is available to help you with course planning.
Alternative Path Licensure Educational course requirements (with SJQ-specific information in parentheses):
(1) An Applicant must have successfully completed the following experiences and courses (these mirror our graduation requirements):
(A) First-year writing experience that meets ABA Standard 303(a)(2) (Legal Methods meets this requirement);
(B) Upper-division writing experience that meets ABA Standard 303(a)(2) (the Seminar paper meets this requirement);
(C) Legal research (the 1L Legal Research class meets this requirement);
(D) Civil procedure;
(E) Constitutional law;
(F) Contracts;
(G) Criminal law;
(H) Property;
(I) Torts; and
(J) Professional Responsibility (Legal Profession meets this requirement);
(2) An Applicant must have successfully completed at least three of the following four courses:
(A) Administrative law;
(B) Business law, which includes business associations, business organizations, or corporations (Business Organizations meets this requirement);
(C) Evidence; or
(D) Legislation regulation, statutory interpretation, or legislative process (Statutory Interpretation and Legislative Process meet this requirement. SJQ does not currently offer a leg/reg class).
(3) An Applicant must have successfully completed three of the following nine courses, but the Applicant may not repeat a subject (i.e., no double-dipping with requirement (2) above except under (3)(J)):
(A) Bankruptcy;
(B) Conflict of Laws;
(C) Criminal Procedure; (LAW 7030 - 001 Crim Pro: Investigation or LAW 7031 - 001 Crim Pro: Adjudication all meet this requirement)
(D) Estates, Trusts, and/or Wills;
(E) Family Law;
(F) Federal Courts;
(G) Intellectual Property; (LAW 7760 - 001 Patent Law, LAW 7058 - 001 Trademark & Unfair Cmp., LAW 7876 - 001 Copyright Law, Intellectual Property Transactions, or Intellectual Property all meet this requirement).
(H) Commercial Law (e.g., Secured Transactions);
(I) Tax; or
(J) one course from paragraph (b)(2) if the Applicant completes all four of the courses in that paragraph.
(4) An Applicant must have completed at least six credits of Experiential Learning (this mirrors our graduation requirement).
(5) An Applicant must demonstrate the ability to conduct legal research through:
(A) Completion of one credit of legal research through either:
(i) A legal research course; or
(ii) The combination of a first-year legal writing class with an upper-division class, provided that the Registrar certifies that together, the courses amount to one credit of legal research instruction as defined by the ABA; (our mandatory 1L Legal Research class meets this requirement under (§ (A)(i) above)
(B) Completion of either:
(i) 40 hours of legal research during Supervised Practice Hours post-graduation; or
(ii) An advanced legal research course that is at least one credit (Advanced Legal Research meets this requirement), or a doctrinal class that is taken after earning credits toward graduation that contains at least one credit worth of legal research (SJQ does not currently offer a course like this). The same course cannot be used to meet the requirements of paragraphs (b)(5)(A) and (b)(5)(B). (We’d like to allow Advanced Legal Research or International Legal Research).
Character and Fitness checks are required for licensure whether you are taking the Alternate Pathway to Licensure or the Bar Exam.
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. Associate Dean Burton, Professor Christenson 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 good faith 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. Note that Utah now allows Alternate Pathway Licensure, which does not require you to pass a full bar exam. For course selection requirements for Alternate Pathway Licensure, see the “Alternate Pathway Licensure Course Planning” dropdown list above.
Over 40 jurisdictions, including Utah, have adopted the Uniform Bar Examination, and each of those jurisdictions will shift to the NextGen Bar Exam on or before July 2028. 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 Professor Christenson 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.
The information below applies to the 2026 and 2027 Uniform Bar Exam. By July 2028, Utah and more than 40 other states will have adopted the NextGen Bar Exam.
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:
[Red indicates a course we require for graduation]
- 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
- Real Property
- Torts
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 260 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. Utah’s Alternate Pathway Licensure application is similar to the conventional bar exam process. You should plan to begin the Bar Exam or APL application process at least three months before your jurisdiction’s application deadline. Begin the process at least three months before the first application deadline. Many applicants are surprised by how much information State Bars require. The Utah Bar and most state bars will not extend their 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 Utah Bar does not accept late submissions.
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.
Students are often surprised by the depth of the character and fitness investigation. Now is the time to document and address any issues. Associate Dean Burton, Professor Christenson and Professor Hill are available for advising.
Studying for the Bar is a full-time job
Every Bar examinee should study 400 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 good faith 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 400-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 and Professor Christenson offer additional Bar preparation guidance and tutoring on a regular basis. Contact them for details.
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 Associate Dean Burton, Professor Hill or Professor Christenson for advising.
Disclaimer
The rules on attorney licensing vary from jurisdiction to jurisdiction and change rapidly. While we have done our best to provide up-to-date information, YOU are responsible for verifying the requirements for licensing.