AMENDMENT OF RULES 3, 4 5 and 7 OF RULES GOVERNING ADMISSION TO PRACTICE OF LAW

Citation: 2021 OK 2

Court: Supreme Court of Oklahoma; January 20, 2021; Oklahoma; State Supreme Court

Original Court Document: View Document

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The Supreme Court of Oklahoma amended Rules 3, 4, 5, and 7 of the Rules Governing Admission to the Practice of Law, effective immediately as of January 21, 2021. The amendments arose from an application filed on January 13, 2021, with the Court confirming its jurisdiction over the matter. 

Key changes include:

- **Rule Three** mandates that only individuals recommended by the Board of Bar Examiners, who have passed the required written examination or have successfully transferred a Uniform Bar Exam (UBE) score, may be admitted to practice law in Oklahoma. 

- **Rule Four** outlines the process for admission by examination or UBE score transfer. It stipulates that attorneys from other jurisdictions who are ineligible for admission by motion may take an examination or transfer a verified UBE score within three years. For UBE scores older than three but less than five years, candidates may apply for admission if they have been actively practicing law for at least two years prior to their Oklahoma application, requiring a report from the National Conference of Bar Examiners (NCBE) at their own expense.

- Additionally, the amendment specifies that law students must file a verified application for registration by the 15th of October of their second law school year, including documentation such as a bachelor's degree certificate, fingerprints for background checks, a recent photograph, and an NCBE Student Application Report for character and fitness. The Board has the discretion to register students retroactively if they meet all requirements. 

- Applications are valid for ten years; if not activated within that period, they will be deemed invalid and destroyed. 

These changes emphasize increased scrutiny and requirements for law practice admission, ensuring candidates meet specific educational and ethical standards.

Applications to take the bar exam must be submitted at least six months prior to the exam date, using forms specified by the Board of Bar Examiners and including proof of law school education with a certified transcript and a graduation certificate from a U.S. law school accredited by the American Bar Association. Applicants who enroll in an accredited law school, complete their studies, and graduate are considered graduates of an accredited institution, even if accreditation is revoked during their studies. Evidence of a satisfactory score on the Multistate Professional Responsibility Examination is required before admission can occur, which must be completed within one year of passing the bar exam unless extended by the Board.

The Board holds two bar exams annually, and applicants scoring at least 264 on the Uniform Bar Examination (UBE) will be recommended for admission if they meet other qualifications. Should an applicant fail an exam, they may retake it by filing an additional application to demonstrate continued good moral character, adhering to specific application deadlines for each exam.

Non-refundable fees for application include: $125 for regular registration, $2,000 for admission upon motion, and varying fees based on the timing of the application for the February and July bar exams, ranging from $650 to $1,400 depending on the filing date. Special Temporary Permits have designated fees of $750 or $100 depending on the permit type, while some applications incur no fees. Admission to practice law requires successful completion of the prescribed examination or transfer of a UBE score as per the Board's recommendations.

Only individuals meeting specific qualifications are allowed to take the bar examination or apply for a UBE score transfer for admission to practice law in Oklahoma. Attorneys from other jurisdictions, who are ineligible for admission by motion, may take a prescribed examination or transfer a verified UBE score within three years. Those with UBE scores older than three years but less than five may apply if they have practiced law actively for at least two years prior to their Oklahoma application. A report from the National Conference of Bar Examiners (NCBE) is required at the applicant's expense.

To qualify for the examination, individuals must register as law students by submitting a verified application by October 15 of their second year, including a Bachelor’s degree certificate, two sets of fingerprints for background checks, a recent photograph, and an NCBE Student Application Report for Character and Fitness. The Board may register students who are compliant with all applicable rules, including those enrolled in ABA-accredited law schools. Applications remain valid for ten years; if not activated within this timeframe, they will be destroyed.

Applications to take the bar exam must be submitted at least six months prior to the exam date and include proof of law school education, a certified transcript, and a certificate confirming graduation from an ABA-accredited law school. Graduates from schools that were accredited during their enrollment are considered accredited graduates, even if accreditation was later withdrawn. Additionally, applicants must show satisfactory scores on the Multistate Professional Responsibility Examination. Admission must occur within one year of passing the bar exam unless an extension is granted by the Board of Bar Examiners.

Applicants for admission to the Oklahoma Bar must achieve a minimum grade of 75% in the Oklahoma Rules of Professional Conduct and a combined score of at least 75% on the Board of Bar Examiners' examination, which includes the Multistate Bar Examination (MBE) and various essay subjects such as Oklahoma Rules of Professional Conduct, Commercial Law, Property, Procedural Law, Criminal Law, Business Associations, Constitutional and Administrative Law, Torts, Intestate Succession and estate planning, Conflicts of Law, and Family Law. A passing UBE score of at least 264 is also required.

Applicants who fail only the Oklahoma Rules of Professional Conduct may retake that section through a re-examination arranged by the Board, which can be written, oral, or both. Successful candidates will be recommended for admission. Those who do not pass the re-examination must reapply for a subsequent examination.

The Board conducts two bar examinations annually, with specific application deadlines: May 15 for the July exam and December 15 for the February exam. Non-refundable application fees are established, including $125 for regular registration and varying amounts for admission by examination or motion, with deadlines impacting the fee amount. Special Temporary Permit applicants face different fee structures.

Applicants for the bar exam who have previously registered as law students must adhere to specific application deadlines and corresponding fees. For the February Bar Exam, applications must be submitted by September 1 ($400), October 1 ($450), and November 1 ($550), with these rates effective until May 31, 2021. For the July Bar Exam, applications must be submitted by February 1 ($400), March 1 ($450), and April 1 ($550), applicable from June 1, 2021. Additional fee structures for later submissions are also outlined, indicating higher costs for applications filed closer to the exam date, reaching up to $800 for November and April deadlines. Relevant citations include rules pertaining to examination and admission fees.