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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

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

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

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

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