Me. Bar. Admiss. R. 5

As amended through August 2, 2024

Rule 5 - Application Procedure and Forms

(a) Application Deadlines. Any person who seeks admission to the bar of Maine shall file the application provided in subsection (b) of this rule, together with the fee provided in Rule 6, with the Board within the following time periods:

(1) For the February examination, between the preceding October 15 and the preceding December 20.

(2) For the July examination, between the preceding March 15 and the preceding May 20.

(3) For admission pursuant to Rule 11A, at any time.

(b) Application. The application, on a form to be provided by the Board in accordance with subdivision (d) of this rule, shall set forth the name, date and place of birth, social security number, permanent residence, and current address of the applicant; all secondary schools, undergraduate colleges, and law schools and other graduate or professional schools attended, together with the dates of attendance and degree received, or reason for leaving; the names and addresses of any employers within the preceding 5 years; the names and addresses of 3 persons to provide the references to the applicant's character and fitness to practice law required by subdivision (c)(4); any criminal convictions (other than minor traffic violations) in any jurisdiction and the circumstances thereof; whether the applicant has been admitted, or denied admission, to the bar of any jurisdiction, together with a statement of the circumstances of any denial of admission and a statement whether the applicant is in good standing in each jurisdiction where admitted and, if not, an explanation of the circumstances; and a statement of any special circumstances, such as a physical disability, for which the applicant requests the establishment of special rules for taking the examination in accordance with Rule 10(f).

(c) Additional Materials. The applicant shall cause to be filed with the Board with his or her application, the following items on forms to be provided by the Board in accordance with subdivision (d) of this rule.

(1) The certificate of the registrar, or other appropriate official, of each accredited college or university from which the applicant graduated with a bachelor's degree, or the applicant successfully completed at least 2 years' work as a candidate for that degree, together with the dates of attendance and award of the degree or completion of the work.

(2) The certificate of the dean of each law school attended as to the dates of attendance, the reason for leaving if other than the award of a degree, any degree awarded and the date of the degree, and any circumstances recorded in the applicant's file that reflect adversely on the applicant's character and fitness to practice law.

(3) The certificate of any attorney in whose office the applicant studied as to the dates of such study and the successful completion of the course of study.

(4) Completed reference questionnaires provided by the Board to the applicant and delivered to the Board directly by the person giving the reference. It shall be the applicant's duty to ensure that the persons providing the references submit completed reference questionnaires to the Board in a timely manner.

(5) A certificate of good standing from the bar of any other jurisdiction in which an applicant is currently admitted.

(6) Any other material requested by the Board pertaining to the applicant's character and fitness to practice law or to special circumstances for which the applicant has requested the establishment of special rules for taking the examination in accordance with Rule 10(f).

(7) The Board may exempt applicants for admission pursuant to Rule 11A from filing the documents listed in paragraphs (1), (2), and (3) of this subsection.

(d) Forms and Other Application Materials. The Board shall prepare, and may revise from time to time, forms for the application required in subdivision (b) of this rule and the certificates and questionnaires required in paragraphs (1) through (4) of subdivision (c) of this rule, as well as other necessary application materials. Applicants may obtain all necessary forms and other materials upon request to the Board.

Me. Bar. Admiss. R. 5

Amended effective 4/10/1988;2/26/1990;10/15/2001;1/1/2005; amended December 13, 2011, effective 1/1/2012; amended December 7, 2021, effective 12/7/2021.

Advisory Note - December 2021

Subdivision (b) is amended to replace "handicap" with "disability" to comply with P.L. 2021, ch. 348, § 58, which requires the Judicial Branch to "discontinue the use of the terms 'handicap,' 'handicapped' and 'hearing impaired' to describe a person or set of persons in all laws, rules and official documents."

Advisory Committee Note to Amendments to

Rules 5, 8, 9 and 9A - November 2011

The Maine Bar Admission Rules presently require an applicant to produce satisfactory evidence of "good moral character" as a prerequisite to admission to the bar. These proposed amendments change various rules provisions to replace "good moral character" with "good character and fitness to practice law."

While "good moral character" is a term found in the statute, see 4 M.R.S. §805-A(2)(A), the Board of Bar Examiners has long been aware that a number of other jurisdictions use different words or phrases to express either this general concept or something similar to it. Moving from "good moral character" to "good character and fitness to practice law" is appropriate because, in the Board's experience, (1) the word "moral" does not serve to usefully further illuminate the various attributes of "good character" that are a prerequisite to admission to the bar, and (2) an applicant may be of good character but, for some other reason, is still unfit to practice law. An example of the latter instance is an applicant who may have a severe, untreated disorder or substance abuse problem that renders the applicant, in his or her current state, unfit to practice law.

The Board intends that these proposed amendments apply to all applications pending on the date the amendments take effect, as well as to all applications filed thereafter.

The Board also takes this opportunity to make the following housekeeping amendments:

· References in Rule 9(a) and Rule 11A(d) to the Maine Bar Rules are supplemented with references to the Maine Rules of Professional Conduct.

· The cross-reference in Rule 9(d)(5)(G) to M.R.Civ.P. 45(e) is replaced with a cross-reference to M.R.Civ.P. 45(f).

· The cross-reference in Rule 9(d)(6)(E) to Rule 8(2) is replaced with a cross-reference to Rule 8(2) and Rule 8(3).