Vt. R. Bar Adm. 2

As amended through August 12, 2024

Rule 2 - [Effective 1/1/2025] Definitions

(a)"Actively Engage in the Practice of Law" means: The following qualified work performed for at least 25 hours per week and subsequent to the admission to the practice of law in another U.S. jurisdiction:

(1) representing one or more clients in the private practice of law;

(2) serving as a lawyer with a local, state, or federal agency, including military service;

(3) serving as a judge in a local, state, or federal court of record;

(4) serving as a judicial law clerk;

(5) serving as in-house corporate counsel (i.e., practice as an employed attorney for an entity or individual, in which the primary duties involve furnishing legal counsel, interpreting and providing advice regarding the law, drafting legal documents, and/or preparing for and prosecuting or defending cases or claims before agencies, boards, bureaus, commissions, panels, executive departments, or courts);

(6) teaching law at a law school approved by the American Bar Association;

(7) engaging in work as an arbitrator or mediator for which the primary duty is the interpretation of law and the application of legal knowledge and skill, provided that such work is performed in a jurisdiction in which the applicant is admitted to the practice of law; or

(8) engaging in any other employment of which the primary duty is the interpretation of law and the application of legal knowledge and skill, provided that such employment is available only to licensed attorneys and is performed in a jurisdiction in which the applicant is admitted.

The "practice of law" does not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located.

(b)"Applicant" means: A person seeking admission to the Bar of the Vermont Supreme Court under these rules.

(c)"Application" means: An Applicant's formal request for admission to the Bar of the Vermont Supreme Court, submitted in accordance with these rules.

(d)"Approved Law School" means: Any law school maintaining a course of studies leading to a law degree that is accredited by the American Bar Association or otherwise approved by the Court.

(e)"Attorney-Applicant" means: An Applicant who is admitted to the practice of law in another U.S. jurisdiction and is seeking admission without examination.

(f)"Equivalency Determination" means: A report prepared in accordance with these rules which evaluates whether the Study of Law at a non-Approved Law School is the equivalent of having completed a legal education at an Approved Law School.

(g)"Minimal Professional Competence" includes, but is not limited to:

(1) knowledge of the statutory and common law;

(2) capacity to analyze factual situations and apply principles of law to them; and

(3) facility for written expression.

(h)"Multistate Professional Responsibility Examination" (or "MPRE") means: A multiple-choice examination developed and administered by the NCBE that is designed to measure an Applicant's knowledge and understanding of established standards related to a lawyer's professional conduct.

(i)"NCBE" means: The National Conference of Bar Examiners.

(j)"Registrant" means: A person approved by the Board to apprentice in the Law Office Study Program.

(k)"Week" means: A consecutive seven-day period.

(l)"Uniform Bar Examination" (or "UBE") means: The bar examination prepared and coordinated by the NCBE that is uniformly administered, graded, and scored by user jurisdictions, including Vermont, and results in a portable score. This includes the NextGen UBE. To the extent that these rules refer to "bar examination," "bar exam," "examination," and "exam," those terms also refer to the UBE.

Vt. R. Bar Adm. 2

Effective 4/18/2016; amended January 1, 2021, eff. 3/8/2021; amended June 3, 2024 eff. 1/1/2025.

Board's Notes-2025 Amendment

Along with Rule 10, Rule 2 is amended in preparation for the adoption of the NextGen bar exam. Former subdivisions (h), (i), and (j) containing definitions for "Multistate Bar Examination," "Multistate Essay Examination," and "Multistate Performance Test" are deleted, as those will not be stand-alone sections of the NextGen bar exam. Former (k) through (o) are relabeled (h) to (l). The definition of "Uniform Bar Examination" in new subdivision (l) is amended to include the NextGen exam and to clarify that any mention of "bar examination" or similar terms refer to the Uniform Bar Examination.

Board's Notes

The following definitions are drawn from prior rules:

(a) "Actively Engage in the Practice of Law": This definition is drawn from prior rule § 7(f). The phrase "subsequent to admission" has been added as a clarification that is consistent with the Board's longstanding interpretation of that rule.

(d) "Approved Law School": This definition is drawn from prior rule § 6(h)(2). The reference to the American Association of Law Schools was eliminated as unnecessary.

(g) "Minimal Professional Competence": This definition is drawn from prior rule § 5(b).

(n) "Week": This definition is based substantially on prior rule § 6(k).

Other definitions are new. Most are consistent with past practice and have been added for clarity and to foster consistency, but some reflect the adoption of the Uniform Bar Examination.

Board's Notes-2021 Amendment

Rule 2(a)(6) and (7) are added to broaden the definition of "actively engage in the practice of law" to specifically allow law professors and qualified arbitrators and mediators to be eligible for admission without examination. New Rule 2(a)(8) contains a catchall provision.