1 minnesota board of law examiners emily eschweiler, assistant director and counsel michelle hayes,...
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Minnesota Board of Law Examiners
Emily Eschweiler, Assistant Director and Counsel
Michelle Hayes, Attorney for Character and Fitness
Rev. November 2014
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Minnesota Board of Law Examiners:
9 member board 7 attorney members 2 public members
Appointed by the MN Supreme Court
Board Purpose
Bar Examination
Admission of Licensed Attorneys from other states
Character and Fitness Certification
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Rule 5B(2): Applicant Burden
The applicant bears the burden of providing good character & fitness
to practice law.
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Application Process
Registration Form Application - checklist Review Board’s website Applicant Portal – check early, check often Special Accommodation?
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Revisit Law School Application
Did you fully and accurately disclose all information applicable to the questions asked in the application?
Did you update law school application as required?
If not, contact law school and correct now!
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Character and Fitness Application Questions
Criminal history: 4.01 -- 4.04 Litigation: 4.05 – 4.11 Employment: 4.12 – 4.15 Academic misconduct: 4.16 – 4.19 Financial history: 4.20 -- 4.27 Prof’l conduct or license: 4.28 -- 4.33 Impaired by chemical dependency or
mental health: 4.34– 4.42 4.43 (other information) and 4.44
(documents) Supplemental Forms
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Certified Driving Record: Attach
From state where license is active
Contact State Dept Motor Vehicles
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Provide Records
Criminal cases – See supplemental form 1Arrest reports, police reports, compliant, indictment, citation, information, disposition, complaint, sentencing order, appeal
Traffic Violations – See supplemental form 2Police reports, court records
Civil cases – See supplemental form 3Complaints, judgments, settlement agreements, final orders
Provide Records
Administrative actions – Form 4Final order, final disposition, finding of the administrative agency or hearing officer
Debts in default or more than 120 days past due – Form 5
Bankruptcy – Form 6Petition, schedules, notice of objections, order of discharge, other orders
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Provide Records
Military Service – Form 7Reports of Separation
Past due tax debt – Form 8Repayment 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 Employment History
List chronologically
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 or supervisors
Law school professors
Relatives by blood or marriage
Fellow law students
Affiants 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 (college, high school, etc.)
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To Facilitate Your Application
Tell references they may hear from Board
Provide correct addresses: references and employers
Include zip codes
Include all required information and documentation
Check the portal frequently
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Affidavits of Good Character
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 Rule 4C:
Time and circumstances knowing you Details about your character and reputation Other information about your fitness to practice
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Letter form
Typed or Handwritten
Original document (no copies) Signed & dated Notarized Included with application
Affidavit Format
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Signatures & Photo
Sign where required
Application and Release Form: notarized
Filing fee and passport style photo on ID card
Make sure to handwrite applicant statement
Make sure to initial (not check) applicant’s obligations in Section 14
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What to expect after you file?
Requests for additional information Clarification of information provided Supplemental information
Bar exam results
What not to expect: status update
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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
#1 Issue
Candor
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What is lack of candor?
Failing to disclose
Submitting false statements
Under-disclosing & minimizing
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Is there past conduct that would bar admission?
Burden on applicant
More serious misconduct….
more evidence of rehabilitation
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Rehabilitation - Rule 5B(5)
Acknowledge conduct and accept responsibility
Evidence of intent to act with good character and fitness going forward
Treatment, if necessary
Positive social contributions
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Chemical Dependency or Abuse
Seek treatment Follow recommendations Participate in sober recovery programs
(if needed) Contact Lawyers Concerned for Lawyers
651-646-5590
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Mental HealthPast or current concerns?
Meet essential eligibility requirements - Rule 5A
No concern unless applicant cannot meet requirements
Don’t hesitate to seek mental health counseling
Conditional Admission: Rule 16 Applicant or Board may initiate Appropriate where past conduct raises
concerns, but current record evidences commitment to rehabilitation
Admission subject to terms (sobriety, treatment, etc.)
Monitored by Board Violations referred to Lawyers Professional
Responsibility Board
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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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ExamSoft
Registration form – send in with application
$100 fee
Application fee & ExamSoft fee: 1 check is ok
Review requirements in advance
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Bar Exam Deadlines
Timely Filing Deadline – February 2015 exam – has passed July 2015 exam - March 16, 2015
(March 15 – Sunday)
Late Filing Deadline ($150 late filing fee) Feb. 2015 exam – Dec. 1, 2015 July 2015 exam – May 1, 2015
Postmarks OK
Filing deadline not waived
Format for February and July 2015 Bar Exam
2 MPT questions on Tues. AM
6 30-minute essay questions Tues. PM
200 MBE questions on Wed. AM & PM
www.ncbex.org
Additional information and On-Line Practice MBE test
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Topics for EssaysBusiness Associations (partnerships, proprietorships, and corporations, including limited liability companies)Conflicts of LawsConstitutional LawContractsCriminal Law and ProcedureEvidenceFamily LawFederal Civil ProcedureReal PropertySecured Transactions under the UCCTortsTrusts and Estates (Decedents’ Estates; Trusts and future interests)
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February 2015
No longer a topic: Negotiable Instruments
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Uniform Bar Examination
First MN administration: February 2014
UBE score transfer:13 states
Check states for time period and scores
MN accepts transfers from other jurisdictions for 3 years (score 260)
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Board Website: www.ble.state.mn.us
Registration form (page 1)
Application form (pages 2 thru 19+)
Minnesota Rules for Admission to the Bar
Character and Fitness Brochure
MN Bd Law Examiners
Check your Applicant portal Check your Applicant portal Check your Applicant portal Check your Applicant portal Check your Applicant portal Check your Applicant portal Check your Applicant portal Check….
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