Bar Admission Process zMissouri Supreme Court zBoard of Law Examiners z407 Jefferson Street, Jefferson City, MO 65101 z(573) 751-9814

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Presentation transcript:

Bar Admission Process zMissouri Supreme Court zBoard of Law Examiners z407 Jefferson Street, Jefferson City, MO z(573) zwww.mble.org

Missouri Supreme Court zThe Court regulates the legal profession, including admission to the bar. zSupreme Court Rule 8 was adopted by the Court to govern the admission process. zThe Court created and authorized the Board of Law Examiners to oversee the process.

Board of Law Examiners zSix Missouri attorneys appointed by the Court for a 6-year term. zBoard certifies to the Court that you have met the requirements for admission and the Court issues your license. zIf the Board denies your application, you can seek review by the Court of the Board’s decision.

Rule 8.03, Requirements for Admission zMust comply with all provisions set out in Rule 8; zFile all application forms required by the Board and pay required fees; zPass the Missouri bar examination and the MPRE; zReceive approval of the Board as to eligibility and character and fitness.

How does Board determine your character and fitness zDetailed application and thorough background investigation. zYou bear the burden of proof. zLook at the “big picture” of how you conduct yourself based on the info in your application and our investigation. zOccasionally, required to appear before the Board for a hearing.

Application for Character and Fitness Report zLaw students are encouraged to file the C&F Application during first or second year of law school - before third year. zIf you don’t file the C&F Application in your first or second year, you must wait and file it concurrently with the Application for Bar Examination in your final semester.

Why file Character & Fitness Application now? zGet the Board’s preliminary determination. Time to work through any C&F concerns. zEscalating fee - the sooner you file, the less you pay. Postmark by October 1 for lowest fee of $200. Review the Fee Schedule on the web. zAvoid $50 fee for Rule 13 certification when you enroll in a clinic.

zThe C&F Application does NOT register you to take the bar exam - separate Application for Bar Examination. zFile the Application for Bar Exam in your final semester of law school. zNon-refundable fee. If you don’t apply to take MO bar exam or drop out of law school, there is no refund of fees. Only Part of the Process

What is Character and Fitness? zHonesty, integrity, trustworthiness; zRespect for the law and Code of Professional Responsibility; zDiligence & reliability; zAbility to comply with deadlines; zRespect for the rights and welfare of others;

zDemonstrate sound judgment; zCapacity to learn, recall what you’ve learned, reason and analyze; zAbility to communicate clearly with clients, attorneys, courts and others. What is Character and Fitness - continued

Factors indicating a lack of character and fitness zUnlawful conduct; zFailure to disclose or lack of candor in application or during investigation; zAcademic or other misconduct at an educational institution; zMisconduct in employment; zActs of dishonesty, fraud, deceit or misrepresentation;

Factors - continued zFinancial irresponsibility; zLack of respect for legal system; zA condition or disorder that currently impairs your behavior, judgment, understanding, capacity to recognize reality, ability to function in school, work or other life activities, or ability to practice law in a competent and professional manner.

Weight and Significance zYour age at time; recency of conduct; zseriousness of conduct; surrounding circumstances; zreliability of information; your candor in disclosing; zdo you accept responsibility for your acts; zevidence of rehabilitation; positive social contributions since the conduct.

zThe Board looks at your past to predict your future conduct. zHas the problem conduct ended? zHas your life changed in ways that suggest that similar conduct is not likely to recur? Your Current Character & Fitness

Rule 8.04 Ineligibility zIf you have plead guilty or no contest to or been found guilty of a felony, you’re ineligible until 5 years AFTER you complete any sentence or probation. zIncludes suspended imposition of sentence (SIS). zPer se disqualification to file an application for admission - Board has no discretion.

Other Criminal Conduct zThe Board inquires into all areas of MISCONDUCT. Acquittal or dismissal is relevant but is not dispositive of the issue for the Board. zThe more detailed explanation you give in your application, the better. zAttach the police narrative report to your application.

Academic or Other Misconduct in School zHonor code violations are a common reason for Board to issue a denial. zIncludes academic and nonacademic grounds for discipline. zDisclose regardless of whether record has been expunged, canceled, annulled, or no record was made.

Employment Misconduct zWe ask if you’ve ever been fired, asked to resign, allowed to resign in lieu of invol. discharge from ANY employment. zWe ask if you’ve ever been formally investigated, reprimanded, disciplined, or suspended by an employer or supervisor. zDisclose even if you disagree with employer’s version of events. Employer will tell us so make sure you disclose.

Respect for law & Code of Professional Responsibility zAppear for court dates; do not repeatedly violate traffic laws; do not file frivolous law suits; do not disregard court orders. zDemonstrate respect and professionalism in the application and admission process; zRespond promptly and fully to inquiries from Board and staff on Board’s behalf.

Fitness zCondition or disorder that impairs your behavior, judgment, ability to function, i.e., your ability to practice law. zThe Board views positively those who recognize need for and seek treatment and are compliant with treatment. zEvidence of an untreated or uncontrolled condition is of concern.

zThe application is filed under oath with the Missouri Supreme Court. zDon’t create an issue for yourself by failing to disclose information in the application or during the investigation. zLack of candor and honesty is the most common ground for denial. Lack of Candor

Obligation to Update zFile written Update Form to notify Board of any change to any information provided or sought in the application. zDo NOT wait until the matter is resolved to file an Update Form.

zYou will be notified of the Board’s decision by letter when your background investigation is done. zMake sure we have your current address. zRule 8.11(e) - approval is not permanent and binding. zContinue to update following approval. Approval