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Rules for the Board of Law Examiners

Amendments through May 1, 2000
Rule 1 General Requirements
An applicant
for admission to the practice of law must
(A) be
18 years old or older;
(B)
possess good moral character; and
(C) 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.
Rule 2 Admission by Examination
(A) An
application must be filed by November 1 for the February examination,
or March 1 for the July examination. Late applications will be accepted
until December 15 for the February examination, or May 15 for the July
examination. An application must be accompanied by payment of the fee.
All materials filed are confidential.
(B)
Before taking the examination an applicant must obtain a JD, LLB, or LLM
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 3 school years of study for full-time students,
and 4 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 Board to approve the school as reputable and
qualified. If the applicant has obtained an LLM degree from an approved
law school, the applicant's JD or LLB need not be from an approved law
school.
(C)
The State Bar Character and Fitness Committee will investigate each applicant.
The applicant must disclose any criminal conviction which carries a possible
penalty or incarceration in jail or prison that has not been reversed
or vacated and comply with the committeeÕs requirements and requests.
The committee will report the results of its investigation to the Board.
If the committee report shows that an applicant lacks the necessary character
and fitness, the Board will review the application, record, and report.
If the Board accepts the report, the applicant is entitled to a hearing
before the Board and may use the BoardÕs subpoena power. The Board may
permit an applicant to take the examination before the character and fitness
committee reports. The Board will release the applicantÕs grade if character
and fitness committee approval is obtained.
(D) Every
applicant for admission must achieve a passing score, as determined by
the Board, on the Multistate Professional Responsibility Examination.
(E) The
Board may permit an applicant entering the armed forces before the examination
immediately following graduation to take an earlier examination. The applicant
must have completed, before the examination, 2 1 /2 years full-time or
3 1 /2 years part-time study. The Board will release the applicantÕs grade
when the school certifies the applicantÕs graduation.
(F) The
applicant is responsible for meeting all requirements before the examination.
The Board may act on information about an applicantÕs character whenever
the information is received.
Rule 3 Examination Subjects and Grading
(A) The
examination consists of two sections:
(1) The
Multistate Bar Examination prepared by the National Conference of Bar
Examiners and administered on dates and under regulations set by the
Conference.
(2) An essay
examination prepared by or under the supervision of the Board or by
law professors selected by the Board, on these subjects:
(a) Real
and Personal Property
(b) Wills and Trusts
(c) Contracts
(d) Constitutional Law
(e) Criminal Law and Procedure
(f) Corporations, Partnerships and Agency
(g) Evidence
(h) CreditorÕs Rights, including mortgages, garnishments and attachments
(i) Practice and Procedure, trial and appellate, state and federal
(j) Equity
(k) Torts (including no-fault)
(l) The sales, negotiable instruments and secured transactions articles
of the Uniform Commercial Code
(m) Michigan Rules of Professional Conduct
(n) Domestic Relations
(o) Conflicts of Laws
(p) Worker's Compensation.
(B) The
National Conference of Bar Examiners will grade the Multistate section.
The Board or its agents will grade the essay section, with the Board having
final responsibility. The Board will determine a method for combining
the grades and select a passing score.
Rule 4 Post-Examination Procedures
(A) The
Assistant Secretary will release examination results at the BoardÕs direction.
Bluebooks will be kept for 3 months after results are released.
(B)
Within 30 days after the day the results are released, the applicant may
ask the Board to reconsider essay grades. The applicant shall file with
the Assistant Secretary two (2) copies of:
(1) the
request;
(2) the answer
given in the applicantÕs bluebooks; and
(3) an explanation why the applicant deserves a higher grade.
(C) An applicant for
re-examination may obtain an application from the Assistant Secretary.
The application must be filed at least sixty (60) days before the examination.
If the applicantÕs clearance is more than three (3) years old, the applicant
must be approved by the State Bar Committee on Character and Fitness.
Rule 5 Admission Without Examination
(A) An applicant for admission without examination must:
(1) qualify
under Rules 1 and 2(B);
(2) be licensed
to practice law in the United States, its territories, or the District
of Columbia;
(3) be a member in good standing of the bar where admitted;
(4) intend in good faith to maintain an office in this state for the
practice of law;
(5) intend to practice law in Michigan, or to be a full-time instructor
in a reputable and qualified Michigan law school; and
(6) have, after being licensed and for 3 of the 5 years preceding the
application,
(a) actively
practiced law as a principal business or occupation in a jurisdiction
where admitted (the practice of law under a special certificate pursuant
to Rule 5[D] or as special legal consultant pursuant to Rule 5[E]
does not qualify as the practice of law required by this rule);
(b) been employed as a full-time instructor in a reputable and qualified
law school in the United States, its districts, or its territories;
or
(c) been on active duty (other than for training or reserve duty)
in the United States armed forces as a judge advocate, legal specialist,
or legal officer. The judge advocate general (or a comparable officer)
or delegate must certify the assignment and the inclusive dates.
The Supreme Court
may, for good cause, increase the 5-year period. Active duty in the United
States armed forces not satisfying Rule 5(A)(6)(c) may be excluded when
computing the 5-year period.
(B) An
applicant must submit the National Conference of Bar ExaminersÕ Request
for Preparation of a Character Report along with other material required
by the Board and payment of the fees.
(C) An
applicant not satisfying Rule 5(A) will be notified and given an opportunity
to appear before the Board. The applicant may use the BoardÕs subpoena
power.
(D) An
attorney
(1) ineligible
for admission without examination because of the inability to satisfy
Rule 5(A)(6); and
(2) practicing
law in an institutional setting, e.g., counsel to a corporation
or instructor in a law school, may apply to the Board for a special
certificate of qualification to practice law. The applicant must satisfy
Rule 5(A)(1)-( 4), and comply with Rule 5(B). The Board may then issue
the special certificate, which will entitle the attorney to continue
current employment if the attorney becomes an active member of the State
Bar. If the attorney leaves the current employment, the special certificate
automatically expires; if the attorneyÕs new employment is also institutional,
the attorney may reapply for another special certificate.
(E) Special Legal
Consultants
(a) To
qualify for admission without examination to practice as a special legal
consultant one must:
(1) be
admitted to practice in a foreign country and have actually practiced,
and be in good standing, as an attorney or counselor at law or the
equivalent in such foreign country for at least three of the five
years immediately preceding the application; and
(2) possess the good moral character and general fitness requisite
for a member of the bar of this state; and
(3) fulfill the requirements of MCL 600.934 and 600.937; and
(4) be a resident of this or another state of the United States, its
territories or the District of Columbia and maintain an office in
this state for the practice of law; and
(5) be over 18 years of age.
(b) In considering
whether to license an applicant to practice pursuant to Rule 5(E), the
Board may in its discretion take into account whether a member of the
bar of this state would have a reasonable and practical opportunity
to establish an office for the giving of legal advice to clients in
the applicant's country of admission (as referred to in Rule 5[E][a][1]),
if there is pending with the Board a request to take this factor into
account from a member of the bar of this state actively seeking to establish
such an office in that country which raises a serious question as to
the adequacy of the opportunity for such a member to establish such
an office.
(c)
An applicant for a license as a special legal consultant shall submit
to the Board:
(1) a
certificate from the authority in such foreign country having final
jurisdiction over professional discipline, certifying as to the applicant's
admission to practice and the date thereof and as to the good standing
of such attorney or counselor at law or the equivalent, together with
a duly authenticated English translation of such certificate if it
is not in English; and
(2) a letter of recommendation from one of the judges of the highest
law court or intermediate appellate court of such foreign country,
together with a duly authenticated English translation of such letter
if it is not in English; and
(3) the National Conference of Bar Examiners Request for Preparation
of a Character Report along with the payment of the requisite fee
and such other evidence of the applicant's educational and professional
qualifications, good moral character and general fitness, and compliance
with the requirements of Rule 5(E)(a)(1-5) as the Board may require;
and
(4) shall execute and file with the Assistant Secretary of the State
Board of Law Examiners, in such form and manner as the Board may prescribe,
(i)
a duly acknowledged instrument in writing setting forth the special
legal consultant's address in the State of Michigan and designating
the Assistant Secretary of the State Board of Law Examiners an agent
upon whom process may be served, with like effect as if served personally
upon the special legal consultant, in any action or proceeding thereafter
brought against the special legal consultant and arising out of
or based upon any legal services rendered or offered to be rendered
by the special legal consultant within or to residents of the state
of Michigan whenever after due diligence service cannot be made
upon the special legal consultant at such address or at such new
address in the state of Michigan as the special legal consultant
shall have filed in the office of the Assistant Secretary of the
State Board of Law Examiners by means of a duly acknowledged supplemental
instrument in writing; and
(ii) the special legal consultant's commitment to notify the Assistant
Secretary of the State Board of Law Examiners of any resignation
or revocation of the special legal consultant's admission to practice
in the foreign country of admission, or of any censure, suspension
or expulsion in respect of such admission.
Service of process
on the Assistant Secretary of the State Board of Law Examiners shall
be made by personally delivering to and leaving with the Assistant
Secretary, or with a deputy or assistant authorized by the Assistant
Secretary to receive such service, at the Assistant Secretary's office,
duplicate copies of such process together with a fee of $10.00. Service
of process shall be complete when the Assistant Secretary has been
so served. The Assistant Secretary shall promptly send one of such
copies to the special legal consultant to whom the process is directed,
by certified mail, return receipt requested, addressed to special
legal consultant at the address specified by the special legal consultant
as aforesaid.
(d)
A person licensed to practice as a special legal consultant must maintain
active membership in the State Bar of Michigan and must discharge the
responsibilities of State Bar membership and is authorized to render
professional legal advice:
(1) on
the law of the foreign country where the legal consultant is admitted
to practice;
(2) may
use the title "special legal consultant" either singly or
in connection with the authorized title or firm name in the foreign
country of the legal consultant's admission to practice, provided
that in each case the name of such foreign country be identified.
Rule 6 Fees
The fees
are: an application for examination, $300 and an additional fee for the
late filing of an application or transfer of an application for examination,
$100; an application for re-examination, $200; an application for recertification,
$200; an application for admission without examination, $600, plus the
requisite fee for the National Conference of Bar Examiners report. Checks
must be payable to the State of Michigan.
Rule 7 Exceptions
An applicant
may ask the Board to waive any requirement except the payment of fees.
The applicant must demonstrate why the request should be granted.
Rule 8 Recertification
An applicant
for recertification shall file an application and other material required
by the Board. After a hearing the Board shall either recertify the applicant
or require that the applicant pass the examination described in Rule 3.
An applicant may use the BoardÕs subpoena power for the hearing. An applicant
who is an inactive State Bar member and who has been employed in another
jurisdiction in one of the ways listed in Rule 5(A)(6) is entitled to
recertification by the Board.
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