Should out of state attorneys take the MBE?
Out of State attorneys seeking admission to practice in California still have to take the California Bar Exam in its abbreviated form. The California Attorney’s exam excludes the Multistate Bar Examination for out-of state attorneys who maintain an active status for at least four consecutive years. Although these attorneys are not precluded from taking the MBE, the argument AGAINST this 200 question exercise is quite sound. Seasoned attorneys do not generally have the time (or the desire) to re-learn the tricks and strategies they once knew for solving those convoluted fact patterns.
Starting with the February 2015 administration of the MBE, a new subject, Civil Procedure, will be introduced for the first time. With the addition of Civil Procedure to the MBE the number of questions per topic will decrease. Starting in 2015, there will be 28 questions covering Contracts, and 27 questions covering each of the six remaining topics, for a total of 190 graded questions, and of course the 10 experimental questions.
So, an interesting question: Will the inclusion of Civil Procedure now make the MBE an attractive option for attorneys? While the Rule Against Perpetuities and the Destructibility of Contingent Remainders would send ANY attorney running, Discovery Rule 11 may be a familiar friend. Civil Procedure is, for the most part, straightforward and attorneys may have an advantage here. While the scope of the subject will not be announced until the end of June, it is certainly something to think about.
We will keep you posted.