Page 11 - Comprehensive Guide to Bar Admission Requirements
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Code of Recommended Standards for Bar Examiners Examiners
applicant qualifes the applicant for admission. In making this determination through the processes described above, the following factors should be considered in assigning weight and signifcance to prior conduct:
• the applicant’s age at the time of the conduct
• the recency of the conduct
• the reliability of the information concerning the conduct
• the seriousness of the conduct
• the cumulative effect of conduct or information
• the evidence of rehabilitation
• the applicant’s positive social contributions since the conduct
• the applicant’s candor in the admissions process
• the materiality of any omissions or misrepresentations
The investigation conducted by the bar examining author- ity should be thorough in every aspect and should be con- cluded expeditiously. It should be recognized that informa- tion may be developed in the course of the investigation that is not germane to the question of licensure and should be disregarded. Conduct that is merely socially unaccept- able is not relevant to character and ftness for law practice and should not be considered.
IV. Bar Examinations
16. Necessity of Written Examination. A person who is not a member of the bar of another jurisdiction of the United States should not be admitted to practice until the person has passed a written bar examination administered under terms and conditions equivalent to those applicable to all other applicants for admission to practice. An applicant may also be required to pass a separate examination on the subject of professional responsibility, such as the Multi- state Professional Responsibility Examination.
17. Opportunity for Examination. Each examination should be held at such times as will assure suffcient 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
a statement of facts, such as may be encountered in the practice of law, to engage in a reasoned analysis of the issues, and to arrive at a logical solution by the application of fundamental legal principles, in a manner which demonstrates a thorough understanding of these principles. The examination should not be designed pri- marily to test for information, memory, or experience. Its purpose is to protect the public, not to limit the number of lawyers admitted to practice.
19. Subjects of Examination. In selection of subjects for bar examination questions, the emphasis should be upon the basic and fundamental subjects that are regularly taught in law schools. However, subjects of substantial local impor- tance may be included. Reasonable notice of the subject matter to be covered by the examination should be made available to the law schools and the applicants.
20. Questions and Format. The bar examination may include multiple-choice questions, such as those on the Multistate Bar Examination, and should include essay questions. Ques- tions should not be based on unusual or unique local case or statutory law, except in subjects with respect to which local variations are highly signifcant and applicants are informed that answers should be based upon local law. An essay question should not be repeated except after a substantial lapse of time. Questions should not be labeled as to subject matter and should not be so worded as to be deceptive or misleading. Suffcient time should be allowed to permit the applicant to make a careful analysis of the questions and to prepare well-reasoned answers to essay questions.
21. Preparation of Questions. The bar examining author- ity may use the services of its members or staff or other qualifed persons, including out-of-state law teachers, to prepare bar examination questions, and it may also use the services of the National Conference of Bar Examiners. Be- fore an essay question is accepted for use, every point of law in the question should be thoroughly briefed and the question should be analyzed and approved by the members of the bar examining authority.
22. Applicants with Disabilities. Without impairing the integrity of the examination process, the bar examining au- thority should adopt procedures allowing disabled appli- cants to have assistance, equipment, or additional time as it
Code of Recommended Standards for Bar Examiners ix

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