Admission Eligibility and Process

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Requirements for Admission

The Bar Examination

Admission Without Exam

Purpose of Background Investigations

Types of Conduct

Character & Fitness Procedure

Admission to Practice

Authority

Requirements for Admission

The requirements for admission to practice law in Michigan are prescribed by the Michigan Supreme Court in the Rules for the Board of Law Examiners.

Rule 1 states that an applicant for admission (a) must be 18 years old or older, (b) must possess good moral character, and (c) must have completed, before entering law school, at least 60 semester hours or 90 quarter hours toward an undergraduate degree from an accredited school or while attending an accredited junior or community college. An “accredited” school for the purposes of this Rule means a college accredited to grant collegiate degrees under the laws of the state in which the college is located, or a junior college or other school from which students are accepted as regular third-year students by any accredited college in Michigan authorized to grant collegiate degrees.

Rule 2 requires that bar applicants obtain a JD degree from a “reputable and qualified” law school that (1) is incorporated in the United States, its territories, or the District of Columbia, and (2) requires for graduation three school years of study for full-time students, and four school years of study for part-time or night students. A school year must be at least 30 weeks. A law school approved by the American Bar Association is “reputable and qualified.” Other schools may ask the State Board of Law Examiners to approve the school as “reputable and qualified.”

Prior to admission by examination, an applicant must successfully pass the Multistate Professional Responsibility Examination (MPRE) with a scaled score of 75 as determined by the National Conference of Bar Examiners. Arrangements to take the MPRE shall be made directly with the Multistate Bar Examination Committee of the National Conference of Bar Examiners. The MPRE is given at various test centers around the United States (including the state of Michigan) in March, August and November.

An applicant need not have graduated from law school in order to take the MPRE and the MPRE may be taken an unlimited number of times. An applicant for admission must obtain a satisfactory score on the Michigan bar examination, or be eligible for admission without examination.
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The Bar Examination

The Michigan bar examination is held by the State Board of Law Examiners on the last Tuesday and Wednesday of the months of February and July. The examinations are held in Lansing, Michigan, at various locations.  The Board of Law Examiners has implemented a new policy regarding items that may be brought into the examination room and/or testing area, effective with the giving of the February 2006 bar examination. Please see the Board's website for specific guidelines.

The first day of the examination is an essay portion, three hours in the morning and two hours in the afternoon, consisting of 15 questions. Special arrangements can be made with the State Board of Law Examiners for typing the essay answers, or other accommodations for disabilities. Questions may cover one or more of the following subjects:

• Real and Personal Property
• Wills and Trusts
• Contracts
• Constitutional Law
• Criminal Law and Procedure
• Corporations, Partnerships and Agency
• Evidence
• Creditor’s Rights, including mortgages, garnishments and attachments
• Practice and Procedure, trial and appellate, state and federal
• Equity
• Torts (including no-fault)
• The sales, negotiable instruments and secured transactions articles of the Uniform Commercial Code
• Michigan Rules of Professional Conduct
• Domestic Relations
• Conflicts of Laws
• Worker’s Compensation

The second day of the examination is the Multistate Bar Examination prepared by the National Conference of Bar Examiners, three hours in the morning and three hours in the afternoon, consisting of 200 multiple choice questions. An applicant may arrange to transfer a Multistate Bar Examination score from another jurisdiction taken during the immediate preceding three years. Scores cannot be transferred from jurisdictions that apply more restrictive rules to Michigan applicants.

There are 150 possible points on the essay portion of the exam, and 200 possible points on the Multistate portion. A combined score of 135 or above is necessary to pass the exam using the following formula:

Combined score = [4/3 (essay total) + MBE score] / 2

An unsuccessful applicant may request reconsideration of the applicant’s essay grades under procedures set forth in the Rules for the Board of Law Examiners.
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Admission Without Exam

An applicant may be eligible for admission without examination.

A lawyer licensed to practice in another state of the United States, its territories, or the District of Columbia, who has actively practiced law as a principal business or occupation in the jurisdiction where licensed for three of the five years preceding application to Michigan, who intends to maintain an office in Michigan for the practice of law, and intends to practice law in Michigan may be eligible for admission without examination.

A lawyer licensed to practice in another state of the United States, its territories, or the District of Columbia, who intends to practice law in an institutional setting such as inside counsel for an organization or as faculty in a law school, may be eligible for a "special certificate" limiting the lawyer's practice in Michigan to representation of the employing institution or organization.

A lawyer admitted to practice in a foreign country, who has actively practiced law as a principal business or occupation in the jurisdiction where licensed for three of the five years preceding application to Michigan, who is a resident in the United States, and intends to maintain an office in Michigan for the practice of law, may be eligible to practice as a "special legal consultant."

An applicant for admission without examination must comply with all other requirements for admission, and must be certified as possessing the requisite good character and fitness for admission.

For additional information or forms required to apply for admission without exam, please contact the Board of Law Examiners at (517) 373-4453.
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Purpose of Background Investigations

The lawyer's license proclaims to the public that the holder has been found qualified to practice law in accordance with standards imposed by the court, and that potential clients may therefore entrust their legal problems to the lawyer. The public has no adequate independent means by which to determine the lawyer's trustworthiness, and must rely upon the certification inherent in the license.

The character and fitness investigation process is the method by which the Supreme Court attempts to ensure that an applicant currently meets minimum standards for admission to the bar. It is proper therefore for a state to require high standards of qualification, as long as the qualifications have a rational connection with the applicant's fitness or capacity to practice law. "Good moral character" entails honesty, respect for the rights of others and for the law, trustworthiness, reliability, and commitment to judicial process and to the efficient administration of justice.
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Types of Conduct

• the applicant’s age at the time of the conduct;
• the reliability of the information concerning the conduct;
• whether the conduct is isolated or part of a pattern;
• whether there were mitigating or aggravating circumstances;
• how much time has passed since the conduct and whether there have been
  more recent incidents which indicate the underlying problem has not been
  resolved;
• what the applicant has accomplished in restitution or rehabilitation of the
  conduct;
• whether a licensed lawyer would be subject to discipline for the underlying
  conduct;
• the candor and attitude of the applicant when explaining the conduct, the
  degree to which the applicant takes responsibility for participating in the
  incident, and the materiality of any omissions, inconsistencies, or
  misrepresentations; and
• whether the applicant can demonstrate an understanding of how the conduct
  relates to fitness to be a lawyer.

1. An applicant’s history of criminal conduct may reveal an inability or unwillingness to uphold and advocate the law. Crime-related conduct may show a lack of respect for authority or for the rights of other persons, inability to resolve disputes within legal parameters, poor judgment, and putting personal interests before those of others without thought of the consequences.
2. Evidence of drug or alcohol abuse and evidence of mental or emotional instability which permanently, presently or chronically impairs or distorts an applicant’s judgment or behavior is relevant to whether the applicant is able to handle stress-related situations commonplace in law practice and whether the applicant is able to think clearly and analyze situations in a realistic and productive manner. An applicant’s failure to acknowledge a substance abuse or disability problem, failure to seek or comply with prescribed treatment, or the inability of prescribed treatment to control or alleviate the conditions directly relate to whether the Supreme Court should certify that the applicant may represent the interests of other persons as a lawyer.
3. An applicant’s financial responsibility, handling of personal finances, history of
   bad debts, insufficient fund checks, failure to pay taxes, breach of fiduciary duties in
   employment, business or personal transactions etc., may reveal habits, traits, and
   judgment relevant to fitness to practice law. An applicant’s motives and judgment in pursuing various forms of relief from debt may show disregard for the rights of others and disrespect for the administration of justice. If an applicant cannot responsibly handle their own finances, they cannot be held out as qualified to handle the moneys of other persons.
4. An applicant’s previous dealings with the legal system have a direct bearing on
   the applicant’s current fitness to practice in that legal system. Litigiousness in personal matters, inability to resolve disputes in a non-confrontational manner, history of numerous traffic offenses, failure to make child support payments or honor other court orders, abusive or obstructive courtroom behavior, etc., may reflect directly upon the applicant’s commitment to the administration of justice and adherence to the rule of law, and the applicant’s future ability to perform as an officer of the court.

If an applicant has a question about a particular type of conduct or incident, there are various legal research tools available. Annotations in American Law Reports are particularly helpful in targeting the impact of a particular type of conduct. For a general understanding of the law of bar admissions, use the ABA/BNA Lawyers Manual on Professional Conduct, Bureau of National Affairs. A comprehensive compilation of case law is available in the Decennial Digests from West Publishing. Numerous research materials are available addressing ethics rules and disciplinary sanctions. An applicant may also seek counsel from a lawyer of the applicant’s choice with expertise in the lawyer regulatory field.
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Character & Fitness Procedure

An applicant has the burden of proving by clear and convincing evidence that he or she has the current good moral character and general fitness to warrant admission to the bar.

The first step in meeting this burden is to complete and return the application materials in a timely manner, to provide all information requested, and to provide full explanations. An applicant’s timeliness in responding to requests reflects upon the applicant’s future ability to serve clients in a timely manner. An applicant’s cooperation and candor in complying with investigative requests reflects upon the applicant’s future truthfulness in dealing with courts and opposing parties, upon the applicant’s attitude toward authority, and upon the applicant’s likely ability to follow rules, laws and standards once a licensed lawyer.

The second step in meeting the burden of proof is to timely update the investigative
information as circumstances change, without waiting to be asked. Applicants have a continuous obligation to update the Affidavit of Personal History so all answers continue to be true. Address or employment changes, status changes in ongoing litigation, new arrests or judgments, etc. should be promptly forwarded to the State Bar in writing. An applicant should keep a copy of the information which has been provided to the bar admission authority and review it periodically to determine whether there have been any changes that need reporting.

Third, if the staff investigation of an applicant discloses significant adverse information, the applicant will be required to meet with a district interview panel to discuss the matter. The applicant will receive a Notice of Referral which will set forth the matters to be covered during the interview. Upon receipt of the Notice, the applicant should carefully review Rule 15, Supreme Court Rules Concerning the State Bar of Michigan [provided in the Bar Applicant Kit], concerning the applicant’s rights and the role of the district committee. If there is anything in the Notice of Referral that the applicant does not understand, the applicant should, before the interview, seek advice from counsel or ask the district committee member designated in the Notice. The applicant should consider the district interview as an opportunity to resolve any outstanding questions relating to the application. An applicant may wish to consider consulting with counsel of the applicant’s choice before attending the interview, and may wish to have counsel accompany the applicant.

The report and recommendation of the district committee is reviewed by the State Bar Standing Committee on Character and Fitness. The Standing Committee may endorse the recommendation, take the recommendation under advisement pending the receipt of additional information that it deems necessary, remand the recommendation to the district committee with instructions for further proceedings, or reject the recommendation and conduct a hearing de novo. An applicant may request that the Standing Committee reconsider an adverse recommendation of a district interview panel.

If a hearing is to be held before the Standing Committee, the applicant will be sent a notice identifying the bar counsel appointed to present the adverse information
concerning the applicant. The applicant and bar counsel should communicate prior to the hearing to stipulate facts or exhibits, clarify issues to be presented, and to identify and interview witnesses intended to be called. Once the hearing date has been scheduled, the applicant and bar counsel may be asked to meet with the chairperson of the Standing Committee to determine the time that should be allocated to hearing the matter, and to formulate the Prehearing Notice which governs the scope of the proceedings. Prior to the meeting with the chairperson the applicant should have determined how the applicant will present the case, what witnesses the applicant intends to call, and what exhibits the applicant intends to present. The applicant and bar counsel will exchange this information at the meeting.

Standing Committee proceedings are recorded, the applicant has a right to counsel, an opportunity to subpoena witnesses, present evidence, and cross-examine witnesses. Since the applicant has the burden of showing requisite fitness, the applicant will proceed first, followed by bar counsel and questions from the members of the Standing Committee.

The Standing Committee report and recommendation are forwarded to the State Board of Law Examiners. When the Standing Committee recommends against admission of the applicant, the entire record of the Standing Committee proceedings (transcript, exhibits, prehearing notice, opinion) is sent to the State Board of Law Examiners. The State Board of Law Examiners is not bound by the recommendation of the Standing Committee, but will review any report which shows that an applicant lacks the necessary character and fitness. The applicant may request a de novo hearing before the State Board of Law Examiners.

A certification that an applicant possesses the requisite good character and fitness is normally valid for three years from the date of the Standing Committee decision, but the applicant has a continuing duty to update all Affidavit information until such time as the State Board of Law Examiners recommends the applicant’s admission. The Standing Committee’s certification may be revoked if merited by additional information brought to the Standing Committee’s attention.
Character & Fitness Overview PDF

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Authority