minnesota board of law examiners - hamline
TRANSCRIPT
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Minnesota Board of Law Examiners
Saren Sudel, Attorney for Character and Fitness
Emily Eschweiler, Assistant Director and Counsel
Rev. February 2013
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Minnesota Board of Law Examiners:
9 member board appointed by the Minnesota Supreme Court 7 attorney members 2 public members
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Board Purpose
Administration of Bar Examination Admission by Uniform Bar Examination
Score (Rule 7C) Admission of Licensed Attorneys from other
states Character and Fitness Certification of all
Applicants
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Rule 5B(2):
The applicant bears the burden of providing good character and fitness to practice law.
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Is there past conduct that would bar admission?
Burden is on the applicant to show current good character.
Misconduct requires evidence of rehabilitation
The more serious the misconduct, the
more evidence of rehabilitation required
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Lack of candor in application process
Lack of evidence of rehabilitation
Lack of cooperation with the Board during
the investigation
Reasons for Denial
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What is lack of candor?
Failing to disclose Submitting lies or false statements Asking others to lie for you Under-disclosing
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Revisit Your Law School Application
Did you fully and accurately disclose all
information applicable to the questions asked in the application?
Did you update as required?
Contact your law school and correct now!
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Rehabilitation
Acknowledgement that conduct was
wrong and acceptance of responsibility Evidence of an intent to conform to
standards of good character and fitness going forward
Treatment, if necessary Positive social contributions See Rule 5B(5)
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Problems with Alcohol or Other Drugs
Myth: “If I’ve been through treatment, I won’t be admitted.”
Fact: The Board views favorably applicants who
have sought treatment and who are active in sober recovery programs
Contact Lawyers Concerned for Lawyers 651-646-5590
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Mental Health Issues Myth: “If I’ve had mental health issues, I won’t be
admitted.” Fact: The Board is concerned about an
applicants an ability to meet the essential eligibility requirements of Rule 5A; mental health treatment is not a concern to the Board unless there is evidence to suggest that an applicant cannot meet the essential eligibility requirements. Seek mental health counseling if you need it
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Conditional Admission: Rule 16 Applicant or Board may initiate May be appropriate for applicant whose
past conduct raises concerns under Rule 5, but whose current record evidences a commitment to rehabilitation
Typically for applicants on probation or in early recovery
Conditions in consent agreement Monitored by Board Violations referred to Lawyers Professional
Responsibility Board 12
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Attach Certified Driving Record
From all states where license is active
Contact State Dept. of Motor Vehicles (see Driving Record Contact Info on Board’s website – under Character and Fitness)
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Information for Character and Fitness Investigation – Bar Application Questions
Criminal history: 4.01 – 4.04 Legal history: 4.05 – 4.11 Employment: 4.12 – 4.15 Academic misconduct: 4.16 – 4.19 Financial history: 4.20 – 4.27 Professional conduct/licenses: 4.28 – 4.33 Mental or chemical health: 4.34 – 4.42 4.43 and 4.44 Supplemental Forms
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Provide Records Criminal Proceedings – Supplemental Form 1 Attach: Police reports, citation, complaint,
indictment, disposition, sentencing order, appeal
Traffic Violations – Form 2 If alcohol or drugs involved, use Form 1
Civil Proceedings – Form 3 Complaints, judgments, settlement agreements,
final orders
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Provide Records Administrative Actions – Form 4 Final order, final disposition, decision of the
administrative agency or hearing officer
Debts in default or more than 120 days past due – Form 5
Bankruptcy – Form 6
Petition, schedules, notice of objections, order of discharge, other orders
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Provide Records Military Service – Form 7 Reports of Separation
Past-due Tax Debt – Form 8 Repayment agreement, documentation showing
current status General Narrative – Form 10
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Court Records: not required
Parking violations
Speeding violations (unless alcohol was involved)
Juvenile records
Class actions
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7.00 Legal Employment History
Applies only to lawyer applicants Summer associate or law clerk
employment is “other employment” (Section 8.00)
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8.00 Other Employment History
Employers’ mailing addresses? Include zip code
Forgot supervisor’s name? Explain Employer out of business? Explain Unemployed for a period? List dates
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10.00 Character References Do Not Include
Current/former employers
Law School professors
Relatives by blood or marriage
Fellow law students
Anyone who executed an affidavit in support of your application
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10.00 Character References Do Include
Co-workers
Old friends, neighbors, clergy, undergraduate professors, advisors
Classmates prior to law school
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To Facilitate Your Application
Advise character references they might
hear from bar examiners Verify correct mailing address for
references and employers
Include zip codes
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Affidavits of Good Character
See Rule 4B(4) Affiants must not be:
Related by blood or marriage Living in the same household Fellow law students Persons listed as character references
Content of Affidavit : Time and circumstances knowing you Details about your character and reputation Other information about your fitness to practice
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Affidavit (see sample form on website) or Letter
Typed or Handwritten
Original document (no copies) Signed & dated Notarized Included with application
Affidavit Format
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13.00 Signatures & Photo Supply signatures where required, date,
and have notarized
Authorization and Release Form –sign, date, and have notarized
Filing fee and passport style photo on ID card
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What to expect after you file? Check your Applicant Portal frequently!
Requests for additional information Requests for clarification Important notices about the exam
Checking your Portal is your
responsibility Bar exam results
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Confidentiality of the Application Information on the bar application is
confidential See Rule 14
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Anonymous Applicant Call Line 651-297-1857
Speak anonymously to staff member in Board office
Discuss your situation
Get advice on completing application
Learn how Board handled similar issues
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Exam Soft
Registration form – must be received with your bar application
$100 fee Application fee & ExamSoft fee: 1 check is
ok Review requirements in advance
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2013 July Bar Exam Deadlines
Timely Filing Deadline March 15, 2013
Late Filing Deadline May 1, 2013 ($150 late filing fee)
Postmarks OK
Filing deadline not waived
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Format for July 2013 Bar Exam
2 MPT questions on Tuesday morning 6 30 minute essay questions Tuesday
afternoon 200 MBE questions on Wednesday
Additional information on MPT and MBE (including sample MBE questions) available at www.ncbex.org
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Topics for Essays – July 2013 Business Associations (partnerships, proprietorships, and corporations, including limited liability companies) Civil Procedure Constitutional Law Contracts Criminal Law and Procedure Ethics and Professional Responsibility Evidence Family law Federal Individual Income Taxation Real Property Torts Uniform Commercial Code, Art. 1,2 Wills, Estates and Trusts
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February 2014
New topics: Conflicts of Laws, Secured Transactions, Negotiable Instruments No longer a topic: Federal Individual Income Tax
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Uniform Bar Examination
First administration in Minnesota – February 2014
Transfers of scores – accepted in MN as of February 1, 2013
July 2013 exam score is not a UBE score
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Board Website: www.ble.state.mn.us
Application form Minnesota Rules for Admission to the Bar Character and Fitness Brochure