Admission In Absentia

In my seemingly never-ending-quest to become licensed in the state I actually want to practice and start a law firm in, I moved one step closer today.  I appeared before Judge Mark of the Goodhue County District Court, State of Minnesota and swore my oath and pledge for admittance before the North Dakota Bar.  Doing this means I am one step closer to being licensed in Minnesota.  Thank God.

The irony of the whole thing is that I just appeared before a Minnesota judge so he could swear me into the North Dakota Bar when I would prefer to be admitted to the Minnesota Bar but must wait to be admitted by motion, instead.  I know, it is way too complicated and basically makes my life more difficult.

As any of the readers of this blog may know, I am licensed in Indiana and have just obtained licensure in North Dakota.  My ultimate goal is licensure in Minnesota and to do so, I have to request to be admitted by motion.  It’s a lot of work.

But enough about me.  I realize that people want to read blogs for at least some semblance of substance besides a personal diary.  To that end, I am going to include – right now – a breakdown of the necessities to be admitted “in absentia”.  Doing a quick Google search, I was only able to find this explanation for admission in absentia before the Supreme Court of Georgia.

The basic gist for admission in absentia appears to be this:

  1. You must either pass the bar exam or be admitted by motion;
  2. An oath or pledge must be administered to you by a Judge or judicial officer of a court of record in any state;
  3. You must sign the affirmation and the Judge must sign some form of attestation;
  4. The forms must be returned to the jurisdiction where you want to be licensed.

There is often a fee and possibly some other paperwork, but that mostly sums it up.  I talked with several attorneys in Minnesota who told me that they have gone through this process before.  When I began searching for Minnesota judges to admit me “in absentia” to the North Dakota Bar, I received a fair number of response which can fairly summarized as “no, we don’t do that”. Many of the judges or their staffs had questions about whether they had jurisdiction to even administer the oath.  Naturally, this was very frustrating.  I hope you have better luck than I.  However, I called around to quite a few different judges and found a couple who were willing to take time out of their busy schedules to administer the oath.  I made an appointment with their law clerk, and the rest is now history.

If you are trying to be admitted to a different jurisdiction in absentia, I hope this post helps you.  Basically, I suggest contacting the Supreme Court of the bar to which you want to be admitted.  Ask them what their admission in absentia policy is.  Then, you hopefully know a local judge who will be nice enough to help you.  I did and now I only have one step left to conquer:  admission by motion before the Minnesota Bar.

Bar Exam Results Being Released . . . . sloooowly

As Above the Law reports, not every state has released results; however, it would appear that if they haven’t done so already, most states will be reporting the results of their individual bar exams in the near future.  Thank you National Conference of Bar Examiners (NCBE) for slowly releasing the July of 2011 bar exam results to anxious future lawyers, experienced lawyers becoming licensed in a new jurisdiction, and law firm start-ups everywhere.

For me, the post-bar exam wait is over.  I just received my results for North Dakota and . . . . . . I passed!  Not to rub it in for those who might not have been so fortunate, but I also scored high enough to (hopefully) be admitted by motion into Minnesota.  Minnesota is one of several jurisdictions that allow attorneys who have taken the Multistate Bar Exam (MBE) to apply for admission by motion with a scaled score of 145.  I achieved that result – barely.  I scored 145.8 according to a phone conversation I had with the North Dakota Board of Law Examiners.   That is .8 good enough for me!

For those of you who may not read this blog, I am already licensed in Indiana and have been practicing there for nearly four years.  Now, pending satisfactory results on my character and fitness review, I will be licensed in three jurisdictions in the near future:  Indiana, North Dakota, and Minnesota. I haven’t decided on whether I will keep my license active in Indiana, but it would be nice to list licensure in three different states on my letterhead and business cards for flanderslawfirm.com.

In any case, I am very pleased with the results and glad that I can move on with my life.  I hope my readers experience the same relief.

Admission By Motion Rules

Every state has admission by Motion rules.  Here is a list of links compiled by the American Bar Association (thank you ABA!) for every state’s admission by motion rules.  (Is it me or is finding out information on admissions on each states rules on admission to practice terribly difficult?  Somebody (maybe the ABA) should make an effort to standardize many of the different rules and requirements for admission in each state.  Taking the bar exam, applying to several states’ bars, and navigating the myriad of timing, deadlines and other requirements for multi-jurisdiction practice is just way too difficult.)

From my review, states that allow admission by motion require either:

  1. practicing law in another jurisdiction continuously for a specified number of years (anywhere from 3-5), or
  2. applying for admission by motion due to a high enough MBE score (anywhere from 135-160).

I did not meet the first option for admittance into Minnesota by motion because I have only been practicing nearly four years in Indiana and Minnesota has a five year requirement for admission on motion based on years of practice.  Ironically, Wisconsin – twenty miles from my home – allows admission by motion based on three years in practice. Such is life.

Here are Minnesota’s rules on admission by motion as listed on the Minnesota State Board of Law Examiners webpage:

ADMISSION ON MOTION

Lawyers may be admitted to the practice of law in Minnesota without examination:

  • By years of practice–five of the seven years immediately preceding the application; or for house counsel, three of the past five years.
  • By scaled MBE score of 145 or higher.  The application must be submitted within 24 months of the date of the qualifying exam being used as the basis for admission.

I managed to achieve the second requirement.  What a relief.  As I posted before, taking the bar exam a second time is not any more fun than the first.  Now, I hope to be admitted by motion and I am awaiting the results of a character and fitness investigation.  I do not have any prior disciplinary actions against me in any jurisdiction. Still, having an investigation into your character is a little unnerving.  However, I understand the process and I think there is a good reason why character and fitness investigations are required.

In any case, I did it.  I’ll be applying for admission by motion to Minnesota and I hope to be licensed in the relatively near future there. Once I’ve done that I can move on with my life, my law practice, and this blog.  I hope to provide much more pertinent (and non-personal) information in the future on this blog about how to start a law practice; but, for now, I’ve met the initial hurdle that makes all that possible.  I hope you did too.

Starting a Law Firm | Studying for (another) Bar Exam

As I have posted previously, when starting a law firm, you need to be licensed.  No brainer.  How do you get licensed?  You study mind-numbing information that is mostly irrelevant to the day-to-day obligations of running a solo law practice.

My perspective on the requirement of being licensed to practice law is a little different because I am already licensed in one jurisdiction (Indiana) while trying to be licensed to practice law in another (Minnesota & North Dakota).  I find the situation ironic and mildly amusing.  One one hand, I am running a small, but profitable, law practice out of my home.  On the other hand, I am studying for the bar exam (again) to try and learn legal principles I’ve never used in practice.  It is truly an odd feeling.

But, this blog is not supposed to only be about my journey to start and build a law firm.  No, this blog is meant to try and help anybody out there who has questions which I may be able to answer while they go from zero-to-hero (or some variation thereof).  Today’s question is how to study for the bar exam twice.

My perspective on studying for the bar exam again after a four year layoff is a little different from the first time test taker.  Foremost, the focus should be on studying and memorizing lots of information for the multi-state examination or the MBE.  The MBE is the real bear and it needs to have the most time spent on it.  (Caveat:  this is only my perspective from my own experience and from speaking with former exam takers). Focusing on the MBE means two things (1) know the substantive area of law and all the elements VERY WELL, and, (2) do as many multiple choice questions as you can.

If you can focus on these two things, and you successfully graduated from law school, I think you can pass the bar exam.  Furthermore – and this is a cliche I’ve found to be true – studying is a marathon and not a sprint.  I am currently training for a half-marathon and I know what that means.  It means work.  It means sticking to a routine and doing things over-and-over-and-over again.  It means not missing runs (MBE test) when you are scheduled to make those runs (MBE tests).

Now, the rest of the bar exam is not a cake walk.  You have to know the substantive law of your jurisdiction so that you can pass the essay portion and the MPT.  This means going to lectures and taking notes and not blowing stuff off.  As long as you have done this, you should be fine.  The essays are relatively straight forward law school type questions.  One interesting change is that the bar examiners now allow people to take the essay and MPT on their laptops in many jurisdictions.  This should be an interesting wrinkle, but I believe it is most likely for the best given how sloppy many peoples’ hand writing must be.  I know mine is terrible.

I’ll post more on these subjects as I go through the process, but those are my initial thoughts as I dive back into bar exam studying.  So, if you thinking about starting a law firm and how to start a law firm, think first about being licensed.  Think first about the bar exam.  Think about it a lot and go through the paces.  You’ll be fine.