Office of the Disciplinary Administrator - 1L ORIENTATION CHARACTER AND FITNESS FOR THE BAR EXAM

Office of the
Disciplinary
Administrator
   1L ORIENTATION
CHARACTER AND FITNESS
  FOR THE BAR EXAM

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                                 Criminal law
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                                 Estate
                                 More practice areas than
                                can be listed here ….

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APPLICATIONS
                      STATE BY STATE PROCESS

 Each state has its own application forms, instructions and rules.
 If you seek admission in multiple states, you will complete a
  separate application for each and undergo a character and fitness
  determination by each.
 Links to the bar admission offices of all states can be found at
  www.ncbex.org

APPLICATIONS
                    KANSAS REQUIREMENTS FOR ADMISSION
 Submit completed application forms and required filing fee
 Meet all educational requirements (Rule 706)
 Receive character and fitness approval (Rule 707)
 Means of Admission: 1) pass the Uniform Bar Examination in Kansas and obtain a
  passing score of 266 and a passing MPRE score of 80 (Rule 709); or 2) transfer a UBE
  score from another UBE jurisdiction which is no more than 36 months old and is a
  minimum of 266 and a passing MPRE score of 80 (Rule 709A)
 Must be in the United States legally

APPLICATIONS
              MISSOURI REQUIREMENTS FOR ADMISSION – RULE 8
 Submit required application forms and appropriate fee
 J.D. degree awarded; must have date conferred
 Either 1) pass bar exam, MECT and obtain MPRE score of 80; or 2) obtain UBE score of
  260 in another jurisdiction and MPRE score of 80. The MECT cannot be taken until a
  bar exam application is submitted as a 3L. Rules 8.03 and 8.09
 Meet citizenship or alien status requirement – Rule 8.03(a)(4)
 Board approves character and fitness and eligibility for admission

APPLICATIONS
                            INELIGIBILITY

 If you have plead guilty or no contest to or been found guilty of a
  felony, you’re ineligible until 5 years AFTER you complete any
  sentence or probation
 Includes suspended imposition of sentence (SIS)
 Per se disqualification – Board has no discretion
 See Kansas Rules 715 & 716 / Missouri Rule 8.04

APPLICATION CHECKLIST
              KANSAS                            MISSOURI

 See filing checklist on the        See LSR (Law Student
  application.                        Registration) instructions
 Make sure to include all required  Electronic application submitted
  items (see Rule 713 – defective
  applications)                      Signed & notarized A&R
 Fee paid by personal check,        Fee paid by cashier’s check,
  cashier’s check, or cash            money order or credit care – no
                                      personal checks

APPLICATIONS
                       AREAS COVERED:

 Education                    Legal proceedings – criminal
                                and civil
 Employment history
                               Financial responsibility
 Bar admission
                               Fitness to practice law –
 Professional misconduct       review is limited to fitness
                                issues which are tied to
                                misconduct

APPLICATIONS
                     EXTERNAL DOCUMENTS:

 3rd party documents e.g.      Employment checks
  police reports
                                Driver records (MO only)
 Fingerprints – criminal
  history reports               Certified birth certificate or
                                 USCIS documentation (MO
 Undergrad and law school
  applications, records, and     only)
  transcripts

CHARACTER & FITNESS
KANSAS BOARD OF LAW       MISSOURI BOARD OF LAW
EXAMINERS                 EXAMINERS
301 SW 10th Avenue,       1700 Jefferson Street,
Topeka, Kansas 66612      Jefferson City, Missouri 65109
785‐296‐8410              P.O. Box 104236
                          Jefferson City, Missouri 65110‐4236
admissions@kscourts.org   573‐751‐9814
www.kscourts.org          mble@courts.mo.gov
                          www.mble.org is an interactive website
                          where applicant sets up User Account

CHARACTER & FITNESS
KANSAS BOARD OF LAW EXAMINERS                              MISSOURI BOARD OF LAW EXAMINERS
   Board is comprised of one Judge and nine attorneys
    (Rule 701)                                                Comprised of six MO attorneys appointed by
                                                               the Supreme Court of MO under Rule 8.01(a)
   Board has the ultimate responsibility to administer
                                                              Board certified to the Court that you have
    the Uniform Bar Examination and to approve                 met the requirements for admission and the
    character and fitness                                      Court issues your license under Rule 8.03
   Admissions Attorney oversees all character and            If the Board denies your application, appeal is
    fitness investigations (Rule 701A)                         to the Missouri Supreme Court under Rule
                                                               8.12
   Review Committee is comprised of three attorneys
    and determines if a character and fitness hearing is
    necessary (Rule 701B)

CHARACTER & FITNESS
                          CONFIDENTIALITY

 Board and staff are sensitive to maintaining the confidentiality of
  information contained in your file.
 Staff may disclose information to 3rd parties if necessary to
  conduct the investigation – Ks. Rule 702 & MO Rule 8.11
 Board files are closed to public

CHARACTER AND FITNESS
                            WHAT IS IT?

 Honesty, integrity, &             Communicate candidly and
  trustworthiness                    civilly
 Respect for the law               Candor
 Diligence & reliability           Professionalism
 Demonstrate sound                 See FAQs on web
  judgment

CHARACTER & FITNESS
                          CANDID AND COMPLETE

 We are evaluating your candor and professionalism in the application
 Respond promptly to our inquiries
 Provide detailed explanations when called for in the application
 Duty to update application.
   Amend electronic application in writing – signed letter with required
   information (Kansas)
   Amend electronic application on user page (Missouri)

CHARACTER & FITNESS
  PURPOSE OF CHARACTER & FITNESS REVIEW: PROTECT (NOT PUNISH)

 Ensure that lawyers will serve both their clients and the
  administration of justice honorably and responsibly.

 Protect the public interest and the public’s confidence in the
  integrity of the legal profession.

CHARACTER & FITNESS
           HOW CHARACTER AND FITNESS DETERMINATIONS ARE MADE
 Detailed application and thorough background investigation. Ks Rule 707 & Mo Rule 8.11
 You bear the burden of proof. Ks Rule 707 & Mo Rule 8.13
 Occasionally required to appear before the Board for a hearing. Ks. Rule 721 & Mo. Rule
  8.12
 Kanas – Hearing which results in recommendation for denial is docketed with the Supreme
  Court for decision
 Missouri – Investigative Hearing, Appeal hearing (if denied) and Final Appeal is to the S. Ct.

CHARACTER & FITNESS
                 EXAMPLES OF CANDOR CONCERNS

 Failure to disclose accurate information on law school application
 Honor Code violations, plagiarism
 Failure to disclose accurate information on bar application and
  character / fitness application

CHARACTER & FITNESS
                         CRIMINAL CONDUCT

 The Board inquires into all areas of misconduct
  Disclose all criminal arrests and charges, even if it was a
   juvenile case, was expunged, was dismissed, or resulted in an
   acquittal
 Submit the police narrative report, but it is not a substitute for
  providing a detailed explanation in application
 Submit all court documents per application instructions

CHARACTER & FITNESS
                    WEIGHT AND SIGNIFICANCE

 Recency & timing of conduct
 Seriousness of conduct
 Surrounding circumstances
 Your candor in disclosing on application
 Reliability of information from sources
 Evidence of rehabilitation

CHARACTER & FITNESS
                               REHABILITATION

 Evidence you have changed, and similar conduct is not likely to recur
 Candidly acknowledge your misconduct; understand why it was wrong
 Accepted responsibility for consequences
 Strictly complied with conditions of any disciplinary or judicial orders
 Positive conduct and community service

CHARACTER & FITNESS
                              EXAMPLES OF REHABILITATION

 Attendance at AA / NA meetings or another type of alcohol / drug counseling
 Involvement with MOLAP and/or KALAP
 Participation in counseling / therapy
 Payment of restitution
 Update law school application
 Passage of time with no additional incidents
 Acceptance of full responsibility and acknowledgement of wrongful nature of misconduct

CHARACTER & FITNESS
                                   FITNESS

 Capable of practicing law and can be entrusted with clients
 Past misconduct causes concern for the board
 The Board views positively those who recognize and address any root
  causes of past misconduct
 Inquiry is limited to fitness which involves misconduct

CHARACTER & FITNESS
              NOT ACCEPTABLE REASONS FOR NON‐DISCLOSURE

 I completed my application at the last minute and just wanted to get it in
  by the deadline.
 I knew I would be asked to appear for a hearing, and I would have to tell
  you about it then.
 I knew you’d find out about it in your investigation.

CHARACTER & FITNESS
              NOT ACCEPTABLE REASONS FOR NON‐DISCLOSURE

 I thought the record was sealed/expunged/closed and I didn’t have to
  disclose it.
 I wasn’t sure how much detail you wanted.
 I didn’t have the paperwork in front of me when I filled out the application.
 I asked my lawyer / father / mother if they thought I had to disclose it.
 I didn’t think it was relevant.

Best foot forward: 10 Tips for Success

1. Review law school application now. If it is not accurate, amend it
   now.
2. Review bar application now.
3. Collect information you will need.
     Do you have the address for every place you have lived for the
       past 10 years?
     Do you have the employment information for every employment
       for the past 10 years? (employer name, address, position held,
       dates of employment and reason for ending employment /
       termination)
     Do you have all supporting documents for legal proceedings; both
       civil and criminal?

4. Apply early, applications reviewed in the order they are received. If application is
   complicated, the investigation may not get completed in time for you to sit for the
   examination.
5. Double check each question is answered completely and accurately. You must
   provide all the supporting documentation. Incomplete applications are held until
   complete.
6. Ask questions. Law school has great resources. Call our office prior to the time you
   file your bar application. If bar application is on file, questions must be in writing.
7. Err on the side of over disclosure. Candor is critical. Incomplete or inaccurate
   information viewed negatively.

8. Timing:
     Kansas: apply the day after the applications close for the previous bar.
9. Deadlines:
     Kansas: October 1st (Feb. exam) and March 1st (July exam) / Late fee $200 Nov.
       1st (Feb. exam) and April 1st (July exam)
     Missouri: Dec. 31st (Feb. exam) and May 31st (July exam)
10. Continuing obligation oath.

Office of the
Disciplinary
Administrator
   1L ORIENTATION
CHARACTER AND FITNESS
  FOR THE BAR EXAM

Thank you