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Code of Recommended Standards for Bar Examiners


      applicant qualifies the applicant for admission. In making            a statement of facts, such as may be encountered in
      this determination through the processes described above,             the practice of law, to engage in a reasoned analysis of
      the following factors should be considered in assigning               the issues, and to arrive at a logical solution by the
      weight and significance to prior conduct:                             application of fundamental legal principles, in a manner
                                                                            which demonstrates a thorough understanding of these
          •	 the applicant’s age at the time of the conduct                 principles. The examination should not be designed pri­
                                                                            marily to test for information, memory, or experience. Its
          •	 the recency of the conduct                                     purpose is to protect the public, not to limit the number of
                                                                            lawyers admitted to practice.
          •	 the reliability of the information concerning the
              conduct                                                 19.	 Subjects of Examination. In selection of subjects for bar
                                                                            examination questions, the emphasis should be upon the
          •	 the seriousness of the conduct                                 basic and fundamental subjects that are regularly taught in
                                                                            law schools. However, subjects of substantial local impor­
          •	 the cumulative effect of conduct or information                tance may be included. Reasonable notice of the subject
                                                                            matter to be covered by the examination should be made
          •	 the evidence of rehabilitation                                 available to the law schools and the applicants.

          •	 the applicant’s positive social contributions since      20.	 Questions and Format. The bar examination may include
              the conduct                                                   multiple-choice questions, such as those on the Multistate
                                                                            Bar Examination, and should include essay questions. Ques­
          •	 the applicant’s candor in the admissions process               tions should not be based on unusual or unique local case
                                                                            or statutory law, except in subjects with respect to which
          •	 the materiality of any omissions or
                           local variations are highly significant and applicants are
              misrepresentations
                                           informed that answers should be based upon local law. An
                                                                            essay question should not be repeated except after a
      The investigation conducted by the bar examining author­              substantial lapse of time. Questions should not be labeled
      ity should be thorough in every aspect and should be con­             as to subject matter and should not be so worded as
      cluded expeditiously. It should be recognized that informa­           to be deceptive or misleading. Sufficient time should be
      tion may be developed in the course of the investigation              allowed to permit the applicant to make a careful analysis
      that is not germane to the question of licensure and should           of the questions and to prepare well-reasoned answers to
      be disregarded. Conduct that is merely socially unaccept­             essay questions.
      able is not relevant to character and fitness for law practice
      and should not be considered.                                   21.	 Preparation of Questions. The bar examining author­
                                                                            ity may use the services of its members or staff or other
IV. Bar Examinations                                                        qualified persons, including out-of-state law teachers, to
                                                                            prepare bar examination questions, and it may also use the
16.	 Necessity of Written Examination. A person who is not                  services of the National Conference of Bar Examiners. Be­
      a member of the bar of another jurisdiction of the United             fore an essay question is accepted for use, every point of
      States should not be admitted to practice until the person            law in the question should be thoroughly briefed and the
      has passed a written bar examination administered under               question should be analyzed and approved by the members
      terms and conditions equivalent to those applicable to all            of the bar examining authority.
      other applicants for admission to practice. An applicant
      may also be required to pass a separate examination on          22.	 Applicants with Disabilities. Without impairing the
      the subject of professional responsibility, such as the Multi-        integrity of the examination process, the bar examining au­
      state Professional Responsibility Examination.                        thority should adopt procedures allowing disabled appli­
                                                                            cants to have assistance, equipment, or additional time as it
17.	 Opportunity for Examination. Each examination should
      be held at such times as will assure sufficient opportunity
      to the applicants to prepare therefor without interfering
      with the completion of law school studies.

18.	 Purpose of Examination. The bar examination should
      test the ability of an applicant to identify legal issues in

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