Me. Bar. Admiss. R. 8

As amended through November 25, 2024

Rule 8 - Certificate of Qualification

(a)The Board shall issue a certificate of qualification stating that the applicant is a person of good character, is fit to practice law, and possesses sufficient learning in the law to practice as an attorney in this State to each applicant who:

(1) produces satisfactory evidence of good character, is fit to practice law, as provided in Rule 9;

(2) attains a passing grade on the Multistate Professional Responsibility Examination as provided in Rule 11; and

(3)

A. attains a passing grade on the bar examination as provided in Rule 10; or

B. completes the requirements for reciprocal admission as provided in Rule 11A.

C. qualifies for admission by transferred Uniform Bar Examination score as provided in Rule 11B.

(b) An applicant who has been disbarred or is currently under suspension from the practice of law in any jurisdiction shall not be eligible to receive a certificate of qualification, provided, however, that an administrative suspension from the practice of law in a jurisdiction other than the State of Maine, for failure to comply with that jurisdiction's registration, dues, or continuing legal education requirements, shall not preclude the issuance of a certificate of qualification if the Board determines that the applicant has demonstrated that requiring the applicant to return to good standing in, or resign from, the jurisdiction that imposed the administrative suspension would impose an undue hardship on the applicant and the applicant is in good standing in at least one other state.

Me. Bar. Admiss. R. 8

Amended December 13, 2011, effective 1/1/2012; effective 5/3/2017.

Advisory Notes - May 2017

Subdivision (a)(3)(C) is added to reflect the adoption of the Uniform Bar Examination by the Maine Supreme Judicial Court in January 2017 and to identify admission by transferred Uniform Bar Examination score pursuant to Rule 11B as a third avenue for admission to the Maine bar.

This amendment also includes a new subdivision (b), previously located in Rule 11A(b), which remedies a prior inconsistency in the rules that permitted individuals who had been disbarred or suspended to seek admission by examination but prohibited those same individuals from seeking admission by motion. Inclusion of this provision in Rule 8 makes clear that an applicant who has been disbarred or is currently under suspension from the practice of law is not eligible for admission to the Maine bar by any avenue, including admission by examination, admission by motion, or admission by transferred Uniform Bar Examination score.

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).

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