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1 Jim Newes Character and Fitness Administrator Minnesota Board of Law Examiners Revised: 11/10/09
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Minnesota Board of Law Examiners - Hamline University School 3rd Yr Presentation - Newes 11... · Minnesota Board of Law Examiners: ... Create a record of good conduct. 12 ... Anyone

Apr 06, 2018

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Page 1: Minnesota Board of Law Examiners - Hamline University School 3rd Yr Presentation - Newes 11... · Minnesota Board of Law Examiners: ... Create a record of good conduct. 12 ... Anyone

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Jim Newes Character and Fitness Administrator

Minnesota Board of Law Examiners

Revised: 11/10/09

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Minnesota Board of Law Examiners:

A nine member board appointed by the Minnesota Supreme Court

Seven attorney membersTwo non-attorney members

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Duties of the Board of Law Examiners

Bar Examination

Admission of Licensed Attorneys from other states

Character and Fitness Certification

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Administered over 2 days

Two 3-hour sessions each day

Day 1: 6 essay; 1 performance question

Day 2: Multi State Exam; 200 Multiple Choice Questions

Minnesota Bar Exam

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What are the most common reasons for denial of applicants to the bar?

Lack of candor in the application process

Lack of evidence of rehabilitation

Character and Fitness Determination

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What is lack of candor?

Failing to disclose

Submitting lies and false statements

Asking others to lie for you

Under-disclosing

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Background InvestigationThe bar application will ask you to disclose: Criminal record Litigation history Employment history Financial history Misconduct in law school or undergrad Whether you believe you are impaired due

to chemical dependency or mental health issues

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New This Year

You must provide a certified copy of your driving record from the state(s) in which

you are currently licensed.

Contact the State Department of Motor Vehicles.

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Law School Application Will Be Reviewed

Tip: If there’s anything you didn’t fully or accurately disclose in your law school application, NOW is the time to make corrections!

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What past history will prevent me from being admitted to the bar?

None - but the burden is on the applicant to show CURRENT good character.

A history of serious misconduct will require more evidence of good character.

Evidence of rehabilitation is important.

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I have a past or current problem. What can I do to show rehabilitation?

Refer to Rule 5 B(5), Rules for Admission to the bar

Get whatever assistance you need.

Create a record of good conduct.

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Chemical Dependency or Alcohol Issues

Myth: “If I’ve been through treatment, I won’t be admitted.”

Don’t believe those who say you won’t be admitted if you have sought treatment.

Get involved with a sober recovery program.

Contact Lawyers Concerned for Lawyers (LCL) at 651-646-5590.

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Mental Health Issues

Seek the help you need from a professional.

Don’t believe anyone who tells you that you can’t get mental health counseling if you expect to be admitted to the bar.

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Application FAQ’s

The application must be completed accurately, to the best of your knowledge.

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Section 1.02 Mailing addressThe address where you wish to receive mailings

Section 11.00 Residence HistoryLocations where you actually lived

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Section 4.00 “Court Records”

Criminal Cases – you must provide: Police Report Court Records showing final

disposition

Civil Cases – you must provide: Pleadings, judgments and/or final

orders

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Section 4.00 “Court Records” Continued

You must complete form(s) referenced by any question and attach at the end of the application.

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Section 4.00 “Court Records” Continued

You do not need to provide records for: Parking violations Speeding violations (unless alcohol was

involved) Juvenile records (unless specifically

requested) Class actions

You still must disclose these as required

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Section 8.00 “Legal Employment History”

Applies only to individuals admitted to the practice of law in another jurisdiction

Law clerk employment should be listed in the “other employment” section unless you were licensed as an attorney

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Section 8.06 “Other Employment History”

Provide complete mailing addresses for all employers, including zip codes

If you do not remember the name of a supervisor, please state that you do not remember

If a previous employer is no longer in business, include that information

Account for all periods of unemployment

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Section 10.00 “Character References”

You may not use any of the following for a character reference: Current or former employers or supervisors Relatives (by blood or marriage) Law School professors Individuals attending your law school during

your period of enrollment Anyone who executed an affidavit in support

of your application

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Section 10.00 “Character References”

You may list: Persons you currently or previously worked

with as long as you did not list them as a supervisor in the Employment Section of the application

Neighbors, clergy, undergraduate professors, advisors or your friends

Law school classmates you knew prior to enrollment in law school and have known at least three years

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Section 10.00 “Character References”

Choose individuals that will be prompt in responding

Tell your character references that they may receive an inquiry from the Board of Law Examiners and ask them to respond promptly

Provide complete mailing addresses and zip codes for your character references

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Affidavits of Good CharacterCannot be from:

Persons related by blood or marriage Persons living in the same household Fellow law students you’ve known less than three

years Persons listed previously as a character reference

The affidavits must address: The time and circumstances under which they know

you Details respecting your character and general

reputation Any other information bearing on your character and

fitness to practice law

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Affidavits of Good CharacterThe format of the affidavit can be: On the form provided with the

application In letter form Typed or handwritten

The affidavits must be original documents, signed, dated, notarized, and must accompany the application.

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Section 13.00 Applicant’s Obligation Be sure to sign, date and notarize

this section in the space provided

****************************************Authorization and Release Form – You must sign,

date, and notarize this form and it must accompany the application.

When you file your application with the Board office, include your filing fee and your photo ID card.

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Exam Soft

Registration form and the fee (currently $100) must be submitted with the application

Registration forms are available online

The application fee and the exam soft fee can be submitted together with one check

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What can you expect after you file?

“Housekeeping” inquiries Requests for additional information Clarification of information provided Supplemental information

No notification that character and fitness investigation is complete until bar exam results are released

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Confidentiality of the Application

Information in the bar application is confidential

pursuant to Rule 14F

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Board Website:www.ble.state.mn.us

Application form

Minnesota Rules for Admission to the bar

Character and Fitness Brochure

National Conference of Bar Examinerswww.ncbex.org Sample MBE questions are available for purchase at this site.

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Questions?Call the Board office at 651-297-1857

Anonymous conversation with a member of the Board staff about your situation.

Information about how the Board has handled issues similar to yours in the past.

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2010 July Bar Exam Deadlines

Filing Deadline March 15, 2010

Late Filing Deadline May 1, 2010

Postmarks dated on the due date will be accepted.

The filing deadline will not be waived.