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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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