Minnesota Board of Law Examiners Emily Eschweiler Assistant

Minnesota Board of Law Examiners Emily Eschweiler, Assistant Director and Counsel Michelle Hayes, Attorney for Character and Fitness Rev. November 2014 1

Minnesota Board of Law Examiners: 9 member board § 7 attorney members § 2 public members § Appointed by the MN Supreme Court § 2

Board Purpose § Bar Examination § Admission of Licensed Attorneys from other states § Character and Fitness Certification 3

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

Application Process Registration Form n Application - checklist n Review Board’s website n Applicant Portal – check early, check often n Special Accommodation? n 5

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! 6

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 7

Certified Driving Record: Attach § From state where license is active § Contact State Dept Motor Vehicles 8

Provide Records Criminal cases – See supplemental form 1 Arrest reports, police reports, compliant, indictment, citation, information, disposition, complaint, sentencing order, appeal Traffic Violations – See supplemental form 2 Police reports, court records Civil cases – See supplemental form 3 Complaints, judgments, settlement agreements, final orders 9

Provide Records Administrative actions – Form 4 Final 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 6 Petition, schedules, notice of objections, order of discharge, other orders 10

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 11

Court records NOT required § Parking violations § Speeding violations (unless alcohol was involved) § Juvenile records § Class actions 12

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 13

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 14

10. 00 Character References DO Include § Co-workers § Old friends, neighbors, clergy, undergraduate professors, advisors § Classmates prior to law school (college, high school, etc. ) 15

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 16

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 4 C: § § § Time and circumstances knowing you Details about your character and reputation Other information about your fitness to practice 17

Affidavit Format § Letter form § Typed or Handwritten § § § Original document (no copies) Signed & dated Notarized Included with application 18

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 19

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 20

Reasons for Denial § Lack of candor in application process § Lack of evidence of rehabilitation § Lack of cooperation with the Board during the investigation 21

#1 Issue Candor 22

What is lack of candor? § Failing to disclose § Submitting false statements § Under-disclosing & minimizing 23

Is there past conduct that would bar admission? § Burden on applicant § More serious misconduct…. § more evidence of rehabilitation 24

Rehabilitation - Rule 5 B(5) § Acknowledge conduct and accept responsibility § Evidence of intent to act with good character and fitness going forward § Treatment, if necessary § Positive social contributions 25

Chemical Dependency or Abuse Seek treatment § Follow recommendations § Participate in sober recovery programs (if needed) § Contact Lawyers Concerned for Lawyers 651 -646 -5590 § 26

Mental Health Past or current concerns? Meet essential eligibility requirements - Rule 5 A No concern unless applicant cannot meet requirements Don’t hesitate to seek mental health counseling 27

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 28

Confidentiality of the Application § § Information on the bar application is confidential See Rule 14 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

Exam. Soft § Registration form – send in with application § $100 fee § Application fee & Exam. Soft fee: 1 check is ok § Review requirements in advance 31

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 32

Format for February and July 2015 Bar Exam n 2 MPT questions on Tues. AM n 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 n 33

Topics for Essays Business Associations (partnerships, proprietorships, and corporations, including limited liability companies) Conflicts of Laws Constitutional Law Contracts Criminal Law and Procedure Evidence Family Law Federal Civil Procedure Real Property Secured Transactions under the UCC Torts Trusts and Estates (Decedents’ Estates; Trusts and future interests) 34

February 2015 No longer a topic: Negotiable Instruments 35

Uniform Bar Examination n First MN administration: February 2014 n UBE score transfer: 13 states n Check states for time period and scores n MN accepts transfers from other jurisdictions for 3 years (score 260) 36

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 37

MN Bd Law Examiners Check your Applicant portal n Check your Applicant portal n Check…. n 38