1. 1 Minnesota Board of Law Examiners Saren Sudel, Attorney for Character and Fitness Emily Eschweiler, Assistant Director and Counsel Rev. February 2013

2. 2 Minnesota Board of Law Examiners:  9 member board appointed by the Minnesota Supreme Court  7 attorney members  2 public members

3. 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 3

4. Rule 5B(2): The applicant bears the burden of providing good character and fitness to practice law. 4

5. 5 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

6. 6  Lack of candor in application process  Lack of evidence of rehabilitation  Lack of cooperation with the Board during the investigation Reasons for Denial

7. 7 What is lack of candor?  Failing to disclose  Submitting lies or false statements  Asking others to lie for you  Under-disclosing

8. 8 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!

9. 9 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)

10. 10 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

11. 11 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. 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

12. 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

13. 13 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)

14. 14 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

15. 15 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

16. 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 16

17. 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 17

18. 18 Court Records: not required  Parking violations  Speeding violations (unless alcohol was involved)  Juvenile records  Class actions

19. 19 7.00 Legal Employment History  Applies only to lawyer applicants  Summer associate or law clerk employment is “other employment” (Section 8.00)

20. 20 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

21. 21 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

22. 22 10.00 Character References Do Include  Co-workers  Old friends, neighbors, clergy, undergraduate professors, advisors  Classmates prior to law school

23. 23 To Facilitate Your Application  Advise character references they might hear from bar examiners  Verify correct mailing address for references and employers  Include zip codes

24. 24 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

25. 25  Affidavit (see sample form on website) or  Letter  Typed or  Handwritten  Original document (no copies)  Signed & dated  Notarized  Included with application Affidavit Format

26. 26 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

27. 27 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

28. 28 Confidentiality of the Application  Information on the bar application is confidential  See Rule 14

29. 29 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

30. 30 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

31. 31 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

32. Format for July 2013 Bar Exam 2 MPT questions on Tuesday morning 2 MPT questions on Tuesday morning 6 30 minute essay questions Tuesday afternoon 6 30 minute essay questions Tuesday afternoon 200 MBE questions on Wednesday 200 MBE questions on Wednesday Additional information on MPT and MBE (including sample MBE questions) available at www.ncbex.org 32

33. 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 33

34. February 2014 New topics: Conflicts of Laws, Secured Transactions, Negotiable Instruments No longer a topic: Federal Individual Income Tax 34

35. Uniform Bar Examination First administration in Minnesota – February 2014 First administration in Minnesota – February 2014 Transfers of scores – accepted in MN as of February 1, 2013 Transfers of scores – accepted in MN as of February 1, 2013 July 2013 exam score is not a UBE score July 2013 exam score is not a UBE score 35

36. 36 Board Website: www.ble.state.mn.us  Application form  Minnesota Rules for Admission to the Bar  Character and Fitness Brochure