6/15/2015. Preface. The Louisiana Bar Admissions Application Process. The Law. The Committee. Duties of the Committee. Requisites for Admission

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1 The Louisiana Bar Admissions Application Process Visit Prepared by: The Louisiana Supreme Court Committee on Bar Admissions 2800 Veterans Memorial Blvd., Ste.310 Metairie, LA May Preface Each state or US territory has its own requirements. Check NCBE website for links to each state s bar admissions office rules. This presentation speaks to the process in Louisiana which is similar to that in many other jurisdictions. 2 The Law The Committee The rule governing the bar admissions process is Louisiana Supreme Court Rule XVII. The first step in seeking admission in any jurisdiction is to read follow the rule governing bar admissions. The Committee on Bar Admissions is comprised of 19 members of the bar appointed by the Louisiana Supreme Court to carry out part of the Court s constitutional duty to regulate lawyers. The Committee reports to the Supreme Court. 3 4 Duties of the Committee Requisites for Admission Duties of the Committee: (La. Sup. Ct. Rule XVII, Sec. 2) The Committee shall: Receive review applications for admission to the Bar Inquire into the qualifications of applicants, including whether each applicant possesses the good moral character fitness required to practice law in this state ( character fitness screening process ) Conduct regular written examinations, at least twice per year. Report to the Court the names who have met the requirements. 18 years of age Citizen, permanent resident or authorized to work in the U.S. Of sound mind, good moral character fitness Graduate of an ABA accredited law school or foreign equivalent Satisfactorily complete examination 5 6 1

2 Character Fitness C&F Investigation The purpose of the character fitness screening process is set forth in La. Sup. Ct. Rule XVII, Sec. 5:... to assure the protection of the public to safeguard the administration of justice. The files of applicants the internal proceedings of the Committee shall be kept confidential. La. Sup. Ct. Rule XVII, Sec. 1(G). 7 As part of the screening process, applicants must submit a Request for Preparation of Character Report (aka Character Fitness Application) to the NCBE (National Conference of Bar Examiners). The NCBE conducts the initial investigation based on responses provided by an applicant on his or her C&F Application. Applicants must submit to a criminal background check. The Committee may conduct additional investigation. 8 Committee Determination Failure to Meet Requirements An applicant bears the burden of proving the requisite character fitness. The Committee makes a determination as to whether an applicant has shown the requisite character fitness for admission. If the applicant fails to establish the requisite character fitness, the Committee will not certify the applicant to the Court for admission. The Committee will notify the applicant. The applicant may seek relief from the Court. The Court may appoint a Commissioner to conduct a hearing make a recommendation or it may issue an immediate ruling Good Moral Character Fitness; Definitions Good moral character" includes, but is not limited to, the qualities of honesty, fairness, cor, trustworthiness, observances of fiduciary responsibility of the laws of the State of Louisiana of the United States of America, a respect for the rights of other persons. Fitness" includes, but is not limited to, the mental or emotional suitability of the applicant to practice law in this state. Factors Considerations Academic, employment, professional, military or criminal misconduct; Abuse of the legal process or failure to comply with legal obligations; Fraud, deceit, dishonesty or misrepresentation; See La. Sup. Ct. Rule XVII, Sec. 5(E), Factors Considerations

3 Factors Considerations Recent Changes Concerning Mental Health Evidence of mental or emotional instability is also a factor the Committee may consider when determining if the applicant possesses the requisite fitness to practice law. See La. Sup. Ct. Rule XVII, Sec. 5(E)(15), Factors Considerations. The Louisiana Supreme Court recently entered into a voluntary settlement agreement with the Civil Rights Division of the United States Department of Justice ( DOJ ) concerning new policies procedures for the evaluation processing of applicants with mental health disability Recent Changes Concerning Mental Health On February 1, 2014, the Supreme Court amended Rule XVII to ensure complete confidentiality of all bar admissions files. La. Sup. Ct. Rule XVII, Sec. 1(G) The fact of, underlying reasons for the Court s grant of conditional admission, (including any medical or health related information associated with admission), are kept strictly confidential pursuant to the amended rule. 15 Recent Changes Concerning Mental Health The Court has also worked with the National Conference of Bar Examiners to modify Questions which appear on the Character Fitness application form that bar applicants are asked to complete. A link to the Settlement Agreement is provided on the Committee s website at 16 Rehabilitation Common Areas of Concern Factors which may be considered in assigning weight significance given to prior conduct: Applicant s age, amount of time elapsed since conduct, reliability of information Seriousness, factors underlying conduct cumulative effect Applicant s positive social contributions since conduct, cor cooperation in the admissions process evidence of rehabilitation 17 Criminal Conduct (including DWI s) Financial Irresponsibility (excessive, unaddressed debt) Conduct or Behavior Related to Impairments Which Call into Question Current Fitness: Substance Abuse, Alcohol Abuse, Mental, Emotional or Nervous Disorders or Conditions. 18 3

4 Cor, Cooperation Duty to Keep Information Current The Examination Cor [La. Sup. Ct. Rul XVII, Sec. 4(G)]. Applicants shall provide complete cid responses to all inquiries, whether on the Bar Examination Application, the NCBE Request for Preparation of a Character Report or as part of any bar admissions inquiry, investigation, or proceeding. Cooperation [La. Sup. Ct. Rule XVII, Sec. 5(I)]. An applicant who fails to cooperate in the investigation may be denied admission due to his or her lack of cooperation. Duty to Keep Application Current [La. Sup. Ct. Rule XVII, Sec. 4(H)]. Until admitted to the Bar, an applicant is under a continuing obligation to keep his or her application current. The Exam consists of two parts: The nine subject Louisiana examination (Part 1) The MPRE (Part 2) (Multistate Professional Responsibility Exam) (La. Sup. Ct. Rule XVII, Sec. 4) To Apply Part 1: Two Step Application An applicant must access all forms by visiting clicking on the appropriate links following the instructions provided. An application consists of: a Bar Examination Application filed with the Committee AND a Request for Preparation of Character Report filed with the NCBE Received by Law Student Registration Program Rule XVII requires that original registration forms, applications, requests for character reports be: RECEIVED BY (not postmarked) The Committee in Metairie, LA The NCBE in Madison, Wisconsin by the deadline dates Available to 2 nd year law students in the fall semester. Students who attend law school in Louisiana shall participate in the Law Student Registration Program. A $300 penalty applies for failing to register

5 Purpose Law Student Registration: Law Student Registration Program benefits a student by allowing him or her to get started early with the C&F screening process. If any issues that require further inquiry arise, the applicant may have time to address resolve these matters prior to the time he or she applies to sit for the bar examination. Applicants who wait until the third year to start the process may be required to address a C&F inquiry while applying to sit preparing for the bar examination. In addition, admission may be delayed. 25 Registration period: August 1 through October 1. Forms/Fees: LAW STUDENT REGISTRATION FORM should be completed forwarded directly to the Committee on Bar admissions in Metairie. $125 fee payable to Committee on Bar Admissions. The NCBE REQUEST FOR PREPARATION OF CHARACTER REPORT should be forwarded directly to NCBE in Madison, Wisconsin. $200 fee payable to NCBE. 26 Bar Examination Application: Law Student Registrants When it is time for a Law Student Registrant to apply to sit for the bar examination he or she must file a: a BAR EXAMINATION APPLICATION with the Committee in Metairie, Louisiana. (This is a different form than the Law Student Registration form!) a SUPPLEMENTAL Request for Preparation of Character Report with the NCBE in Madison, Wisconsin. Bar Examination Application: In order to sit for the Louisiana examination, an applicant who did not register as a law student must file a: a BAR EXAMINATION APPLICATION with the Committee in Metairie, Louisiana a REQUEST FOR PREPARATION OF CHARACTER REPORT with the NCBE in Madison Wisconsin Bar Examination Applications: Re-applicants February Bar Examination Application Period An applicant applying for re-examination must file a: a BAR EXAMINATION APPLICATION with the Committee in Metairie, Louisiana an affidavit certifying no change in circumstances relative to character fitness, provided his or her previously submitted REQUEST FOR PREPARATION OF CHARACTER REPORT is less than two years old, with the Committee in Metairie, Louisiana. or An applicant whose Request for Character Report is dated more than two years prior must file a new REQUEST FOR PREPARATION OF CHARACTER REPORT with the NCBE in Madison Wisconsin. Applications received September 1 through November 1 are considered timely. Applications received November 2 through December 15 are considered late will be assessed an additional $750 late fee. No applications are accepted after December

6 July Bar Examination Application Period Applications received December 1 through February 1 are considered timely Applications received February 2 through May 15 are considered late will be assessed an additional $750 late fee. No applications are accepted after May 15 Re-application Period February: Applications received September 1 through December 15 are considered timely. No applications are accepted after December 15. July: Applications received December 1 through May 15 are considered timely. No applications are accepted after May Other Requirements Deadlines Fees During the application process, other requirements deadline dates (such as Criminal Background Check deadline, Laptop Registration, ADA Accommodations requests, the like) apply. Applicants should pay attention to these requirements deadlines. Failure to comply may result in being prohibited from using laptop computers, denial of testing accommodations, etc. The fee schedule is set forth in LA Sup. Ct. Rule XVII, Appendix: I. Bar Examination Application Fee $750 for first-time applicants who participated in the Law Student Registration program. $875 for all other applicants. II. Law Student Registration Fee $125. III. Any all fees assessed by the National Conference of Bar Examiners. IV. Late Filing Fee $750. V. Late Law Student Application Fee bar applicants who were enrolled in one of the ABA accredited law schools in this state, who could have, but did not, participate in the Law Student Registration Program $300. VI. Laptop fees ($125) Fees are Non-Refundable Non-Transferable All fees are non-refundable non-transferable except that a member of the military who is called to service after submitting fees may request a refund. 35 NCBE C&F Fees I: LAW STUDENT REGISTRANT $200 II: FIRST BAR ADMISSION OR $275 III: ATTORNEY/BAR ADMISSION $375 IV: FOREIGN $750 V(b): SUPPLEMENTAL REPORT * $75 *This report is for the same jurisdiction for which NCBE prepared the original Law Student Registrant report. 36 6

7 MPRE (Part 2) MPRE The MPRE is administered by the NCBE. An applicant may take the MPRE anytime after successfully completing his/her required law school course work in legal ethics or professional responsibility. Scaled score of 80 or higher required. A passing MPRE score is valid for five years [La. Sup. Ct. Rule XVII, Sec. 8(D)] Administered in March, August November each year. For additional information to register, click on the Multistate Professional Responsibility (MPRE) link at or visit The fee for applications received on or before the regular receipt deadline is $80. The MPRE fee for applications received after the regular receipt deadline but before the late receipt deadline is $ Communication Contact the Committee The Committee may communicate with applicants via U.S. mail or message. Applicant must keep addresses mailing addresses current with the Committee. All address changes should be made in writing (preferably by e- mail message). For important information updates, please visit Please direct any questions you may have regarding the application testing processes to Denise at denisel@lascba.org or Rhonda at rhondal@lascba.org. Please direct any questions you may have regarding the character fitness process to Monique at moniqued@lascba.org