SCR
CHAPTER 40
ADMISSION
TO THE BAR
JUDICIAL COUNCIL COMMITTEE'S NOTE, 1979: The following rules govern admissions to the
state bar of Wisconsin. SCR 40.02 and 40.03 are sections 757.28 and 757.282 of
the 1977 Wisconsin Statutes. SCR 40.01 and 40.04 to 40.14 were originally
adopted by the supreme court on June 3, 1940, effective June 3, 1940. They were
amended on January 11, 1960; March 8, 1966; December 5, 1968; May 3, 1971, and
May 24, 1971. The rules were originally numbered I to XIII and have been
clarified and numbered SCR 40.01 and 40.04
to 40.14 for uniformity and convenience. Former rule XII relating to exemption
to these rules has been repealed as it was applicable to applicants for
admission to the bar by examination who received an acceptable law degree by
1971. SCR 40.15 was derived from section 757.29(1), 1977 stats. SCR 40.16 was
derived from several rules pertaining to fees.
SCR 40.01 Definitions; list of law schools.
(1) In this chapter, unless the context otherwise
requires:
(a) "Board" means the board of bar
examiners.
(b) "Clerk" means the clerk of the
supreme court.
(2) The board shall maintain a record of all law
schools which are approved by the American bar association, together with the
date of such approval, and those which are not so approved. The record shall
constitute an official record of the supreme court and proof of the fact that
the law schools therein stated as approved by the American bar association were
so approved at the times therein stated.
SCR 40.02 Qualifications generally.
A
person who meets all of the following qualifications shall be admitted to
practice law in this state by order of the supreme court:
(1) Has attained the age of majority under the
law of this state. (2) Satisfies the legal competence requirements
by diploma privilege (SCR 40.03), bar examination (SCR 40.04) or proof of
practice elsewhere (SCR 40.05).
(3) Satisfies the character and fitness
requirements set forth in SCR 40.06.
(4) Takes the oath or affirmation prescribed in
SCR 40.15 in open court before the supreme court or a justice thereof or before
a member of the highest court of another jurisdiction or a person authorized by
that jurisdiction to administer the attorney's oath for bar admission there or
before a judge of the U.S. District Court or Court of Appeals or a justice of
the U.S. Supreme Court.
(5) Subscribes the roll of attorneys maintained
by the clerk of the supreme court or has his or her name entered thereon by the
clerk.
SCR 40.03 Legal competence requirement: Diploma
privilege. An applicant who has been awarded a first
professional degree in law from a law school in this state that is fully, not
provisionally, approved by the American bar association shall satisfy the legal
competence requirement by presenting to the clerk certification of the board
showing:
(1) Satisfactory completion of legal studies
leading to the first professional degree in law. The law school shall certify to the board
satisfactory completion of not less than 84 semester credits earned by the
applicant for purposes of the degree awarded.
(2) Satisfactory completion of study in mandatory
and elective subject matter areas. The
law school shall certify to the board satisfactory completion of not less than
60 semester credits in the mandatory and elective subject matter areas as
provided in (a) and (b). All semester credits so certified shall have been
earned in regular law school courses having as their primary and direct purpose
the study of rules and principles of substantive and procedural law as they may
arise in the courts and administrative
agencies of the
(a)
Elective subject matter areas;
60-credit rule.
Not
less than 60 semester credits shall have been earned in regular law school
courses in the subject matter areas generally known as: Administrative law,
appellate practice and procedure, commercial transactions, conflict of laws,
constitutional law, contracts, corporations, creditors' rights, criminal law
and procedure, damages, domestic relations, equity, evidence, future interests,
insurance, jurisdiction of courts, legislation, labor law, ethics and legal
responsibilities of the profession,
partnership, personal property, pleading and practice, public utilities,
quasi‑contracts, real property, taxation, torts, trade regulation,
trusts, and wills and estates. The 60‑credit
subject matter requirement may be satisfied by combinations of the curricular
offerings in each approved law school in this state.
(b)
Mandatory
subject matter areas; 30‑credit rule.
Not
less than 30 of the 60 semester credits shall have been earned in regular law
school courses in each of the following subject matter areas: constitutional
law, contracts, criminal law and procedure, evidence, jurisdiction of courts,
ethics and legal responsibilities of the legal profession, pleading and
practice, real property, torts, and wills and estates.
(c)
Law
school certification of subject matter content of curricular offerings.
Upon
the request of the supreme court, the dean of each such law school shall file
with the clerk a certified statement setting forth the courses taught in the
law school which satisfy the requirements for a first professional degree in
law, together with a statement of the percentage of time devoted in each course
to the subject matter of the areas of law specified in this rule.
SCR 40.04 Legal competence requirement: Bar
examination.
(1) An applicant who has been awarded a first
professional degree in law from one of the following shall satisfy the legal
competence requirement by presenting to the clerk certification of the board
that the applicant has passed an examination administered by the board covering
all or part of the subject matter areas of law specified in SCR 40.03(2)(a):
(a) A law school that is fully or
provisionally approved by the American bar association at the time of the
applicant’s graduation.
(b) A law school whose graduates are
eligible to take the bar examination of the state, territory or District of
Columbia in which the law school is located, provided the applicant has passed
the bar examination of and has been admitted to practice in that or another
state, territory or the District of Columbia.
(2) The board shall administer an examination
consisting of the Multistate Bar Examination developed by the National
Conference of Bar Examiners, an essay examination developed by the board and
such other elements as the board may deem appropriate for the assessment of
lawyer competence.
(3) An applicant shall file all application
materials and fees with the board by the December 1 preceding the February
examination and by the May 1 preceding the July examination except that, on
payment of a late fee, application materials and fees shall be filed by the
January 1 preceding the February examination and by the June 1 preceding the
July examination.
(4) The board, in its discretion, may permit an
applicant who has not yet been awarded a first professional degree in law to
take the examination if it is reasonably anticipated that the applicant will
receive that degree within 60 days after the examination.
(5) Repealed.
(6) The board shall provide to each applicant
prior to the examination a list of topics taken from the areas of law specified
in SCR 40.03(2)(a) from which the essay portion of the examination will be
drawn.
(7) The board shall establish the passing score
for the bar examination in advance of each examination and shall advise each
applicant of the score so established.
(8) An unsuccessful examinee who files a written
request with the board within 90 days of mailing of notice by the board of
failure of the examination shall be entitled to inspect the examinee's essay
examination paper.
SCR 40.05 Legal competence requirement:
Proof of practice.
(1)
An applicant shall satisfy the legal competence requirement by presenting to
the clerk certification of the board that the applicant has provided all of the
following:
(a) Proof of admission to practice law by a court
of last resort in any other state or territory or the
(b) Proof that the applicant has been substantially
engaged in the practice of law in a state or territory, the federal government
or the
(c) Repealed.
(1m) Repealed.
(2) Legal service as corporate counsel or legal
service as a trust officer, or if lawfully before the courts or administrative
agencies of a state or territory, the federal government or the District of
Columbia, if conducted in compliance with the rules where the applicant was
admitted to practice law, is the practice of law for the purposes of this
section.
(2m) Legal service as corporate counsel in
(3) The following activities, whether or not
conducted in a state or territory, the federal government or the
(a) Service as a judge of a court of record of
the
(b) Legal service with any local or state
government or with the federal government.
(c) Legal service in the armed forces of the
(d) Teaching in any law school approved by the
American bar association.
(4) An applicant who has failed the
(6) Repealed.
SCR 40.06 Requirement as to character and fitness to
practice law.
(1) An applicant for bar admission shall
establish good moral character and fitness to practice law. The purpose of this
requirement is to limit admission to those applicants found to have the
qualities of character and fitness needed to assure to a reasonable degree of
certainty the integrity and the competence of services performed for clients
and the maintenance of high standards in the administration of justice.
(3) An applicant shall establish to the
satisfaction of the board that the applicant satisfies the requirement set
forth in sub. (1). The board shall certify to the supreme court the character
and fitness of qualifying applicants. The board shall decline to certify the
character and fitness of an applicant who knowingly makes a materially false
statement of material fact or who fails to disclose a fact necessary to correct
a misapprehension known by the applicant to have arisen in connection with his
or her application.
(3m) An applicant for admission under SCR 40.03
shall file an application for a character and fitness certification with the
board by a date specified by the board.
(4) The board shall not certify an applicant
while an attorney disciplinary matter against the applicant is pending or the
applicant is certified by the department of workforce development as delinquent
in making court-ordered payments of support or failing to comply with a
subpoena or warrant, as those terms are defined in SCR 11.04(1). If an applicant's license to practice law in
another jurisdiction is suspended or revoked for reasons related to
professional responsibility at the time the application is filed or at any time
that the application is pending, the suspension or revocation is a sufficient
basis for denial of certification.
(5) The dean of a law school in this state shall
have a continuing duty to report to the board any information reflecting adversely
upon the character and fitness to practice law of an applicant for bar
admission under SCR 40.03.
SCR 40.07 Proof of qualifications.
The
burden of proof shall be on the applicant to establish qualifications under SCR
40.02. Refusal of an applicant to furnish available information or to answer
questions relating to the applicant's qualifications shall be deemed a
sufficient basis for denial of the certification for admission.
SCR 40.08 Adverse determination.
(1) Before declining to certify an applicant's
satisfaction of requirements under this chapter, the board shall notify the
applicant in writing of the basis for its decision and, except as to failure of
the bar examination under SCR 40.04, the applicant shall have the opportunity
to respond in writing within 20 days of the mailing of notification of the
board's decision to the applicant at the last address furnished by the
applicant in writing to the board.
(2) The board shall grant a hearing to an
applicant only upon a showing that there are facts bearing on the applicant's
case that cannot be presented in writing. The board shall not grant a hearing
on its decision on waiver under SCR 40.10.
(3) Not less than 30 days prior to the hearing
the board shall notify the applicant of the time and place thereof, the issues
to be considered and that the applicant may be represented by counsel and
present evidence.
(4) If the determination of the board following a
hearing is adverse to the applicant, the board shall mail a copy of the board's
findings of facts and conclusions of law to the applicant at the last address
furnished by the applicant in writing to the board.
(5) A petition to the supreme court for review of
an adverse determination of the board under this rule shall be filed with the
clerk within 30 days of the date on which written notice thereof was mailed to
the applicant.
SCR 40.09 Deadline for admission.
An
applicant who fails to complete all requirements for admission as set forth in
SCR 40.02 within the following time periods following certification shall not
be admitted to the practice of law:
(1) Applicants who qualify for admission pursuant
to SCR 40.03: one year following the date of certification by the board
pursuant to SCR 40.03 and 40.06.
(2) Applicants who write the bar examination: one
year following the date of certification by the board pursuant to SCR 40.04 and
40.06.
(3) Applicants who qualify for admission pursuant
to SCR 40.05: one year following the date of certification by the board pursuant
to SCR 40.05 and 40.06.
SCR 40.10 Waiver of requirements.
Except
for the requirements under SCR 40.03, the board may waive any of the
requirements of this chapter in exceptional cases and for good cause if failure
to waive the requirement would be unjust.
SCR 40.11 Rulemaking authority.
The
board may promulgate rules necessary to carry out the intent and purpose of
this chapter.
SCR 40.12 Confidentiality.
The
application files of an applicant and all examination materials are confidential.
The supreme court or the board may authorize the release of confidential
information to other persons or agencies.
SCR 40.13 Delegation.
The
board may delegate its authority under this chapter to a committee, a member or
its director.
SCR 40.14 Application; fees.
(1) Application to the supreme court for
admission to the bar shall be filed with the board.
(2) An application is filed on the date a
properly executed application and payment of the applicable fees are received
at the office of the board during regular business hours.
(3) The following fees are payable to the board:
(a) Bar examination fee $450
(b) Late fee for bar examination $200
(c) Fee for application for admission
on proof of practice elsewhere $850
(d) Admission fee $100
(e) Fee for reinstatement, readmission,
late admission on diploma
privilege or
late enrollment in the bar $200
(f) Application fee for change of name $
25
(g) Fee for a character and fitness
investigation under SCR 40.06(3m) $210
(h) Late fee for a character and fitness
investigation under SCR 40.06(3m) $100
SCR 40.15 Attorney's oath.
The
oath or affirmation to be taken to qualify for admission to the practice of law
shall be in substantially the following form:
I
will support the constitution of the
I
will maintain the respect due to courts of justice and judicial officers;
I
will not counsel or maintain any suit or proceeding which shall appear to me to
be unjust, or any defense, except such as I believe to be honestly debatable
under the law of the land;
I
will employ, for the purpose of maintaining the causes confided to me, such
means only as are consistent with truth and honor, and will never seek to
mislead the judge or jury by any artifice or false statement of fact or law;
I
will maintain the confidence and preserve inviolate the secrets of my client
and will accept no compensation in connection with my client's business except
from my client or with my client's knowledge and approval;
I
will abstain from all offensive personality and advance no fact prejudicial to
the honor or reputation of a party or witness, unless required by the justice
of the cause with which I am charged;
I
will never reject, from any consideration personal to myself, the cause of the
defenseless or oppressed, or delay any person's cause for lucre or malice. So
help me God.
Amended
December 29, 1980, and February 17, 1981; July 1, 1986; September 1, 1988;
January 1, 1990; January 1, 1991; May 13, 1991; October 21, 1991; May 7, 1992;
December 10, 1992; December 16, 1992; June 14, 1993; December 8, 1993, June 1,
1995, June 5, 1995; November 3, 1995; June 4, 1998; July 28, 1998; April 10,
2001; January 1, 2009.
APPENDIX
Rules
of the Board of Bar Examiners
LEGAL COMPETENCE REQUIREMENT:
BAR EXAMINATION
BA 4.01
Applicants
who otherwise satisfy SCR 40.04 and who have failed the
(a) A petition under oath for special permission
must be received by the board by the May 1 preceding the July examination and
the December 1 preceding the February examination. The petition must set forth
a satisfactory supervised study plan, including in detail the preparation to be
undertaken, consisting of formal coursework, independent study or a combination
thereof; a schedule of hours to be dedicated thereto entailing no less than 160
hours in total; and the name of one or more supervising attorneys licensed to
practice law in this state.
(b) The petition must be filed with the
application and with all application fees.
The Board shall refund the fee if permission to sit is denied.
(c) A written statement under oath averring
completion of the study plan proposed pursuant to (a), to which a corroborating
statement under oath from the supervising attorney or attorneys is attached,
must be received by the board at least seven calendar days prior to the
examination.
BA 4.02
Special
testing accommodations must be requested by a writing that is received no later
than the first filing deadline (December 1 for the February examination and May
1 for the July examination). The Board
will deny requests that are not in writing or that are received after the
deadline.
BA 4.03
(a) The Board authorizes its staff to close any
bar examination application that remains incomplete six months following the
date on which the letter notifying the applicant of his or her passing score is
mailed from the Board office.
(b) Staff closure of a file is appealable to the
full Board.
LEGAL COMPETENCE
REQUIREMENT: PROOF OF PRACTICE ELSEWHERE
BA 5.01
(a) The Board authorizes its staff to close any
application for admission on proof of practice elsewhere that remains
incomplete one year following the date the application was filed with the
Board.
(b) Staff closure of a file is appealable to the
full Board.
REQUIREMENT
AS TO CHARACTER AND FITNESS TO
PRACTICE
LAW
PREAMBLE
These
rules are adopted in furtherance of SCR 40.06(1), (3), (3m) and SCR 40.07.
BA 6.01
Standard
of Character and Fitness. A lawyer
should be one whose record of conduct justifies the trust of clients,
adversaries, courts and others with respect to the professional duties owed to
them. A record manifesting a deficiency
in the honesty, diligence or reliability of an applicant may constitute a basis for denial of
admission. The Supreme Court Rules place
on the applicant the burden of producing information sufficient to
affirmatively demonstrate the character and fitness appropriate for bar
admission.
BA 6.02
Relevant
Conduct. The revelation or discovery of
any of the following should be treated as cause for further inquiry before the
Board decides whether the applicant possesses the character and fitness to
practice law:
(a) unlawful conduct
(b) academic misconduct
(c) false statements by the applicant, including
concealment or nondisclosure
(d) acts involving dishonesty or
misrepresentation
(e) abuse of legal process
(f) neglect of financial responsibilities
(g) neglect of professional obligations
(h) violation of an order of a court
(i) evidence of mental or emotional impairments
(j) evidence of drug or alcohol dependency
(k) denial of admission to the bar in another
jurisdiction on character and fitness grounds
(l) disciplinary action by a lawyer disciplinary
agency or other professional disciplinary agency of any jurisdiction
BA 6.03
Use
of Information. The Board will determine
whether the present character and fitness of an applicant qualifies the
applicant for admission. In making this
determination through the processes described above, the following factors
should be considered in assigning weight and significance to prior conduct:
(a) the applicant's age at the time of the
conduct
(b) the recency of the conduct
(c) the reliability of the information concerning
the conduct
(d) the seriousness of the conduct
(e) the mitigating or aggravating circumstances
(f) the evidence of rehabilitation
(g) the applicant's candor in the admissions
process
(h) the materiality of any omissions or
misrepresentations
(i) the number of incidents revealing
deficiencies
BA 6.04
The Board shall notify an applicant in writing that it intends to deny his or her application for admission. The notice shall state the reasons for the intended denial and provide an opportunity to request a hearing before the Board. At the time of notice, the Board shall provide the applicant with a copy of the complete packet of information it used in arriving at its decision.
BA 6.05
Diploma
Privilege. An applicant for admission
under diploma privilege shall file an application for a character and fitness
certification with the Board. The Board
shall establish that the applicant has the qualities of character and fitness
needed to practice law and, following certification from the dean of competence
under SCR 40.03, shall certify to the Supreme Court the qualifying applicants
for admission.
BA 6.06
(a) The Board authorizes its staff to close any
application for a character and fitness certification that remains incomplete
one year following the date the application was filed with the Board.
(b) Staff closure of a file is appealable to the
full Board.
WAIVER
OF REQUIREMENTS
BA 10.01
The
Board will consider requests for waiver only on receipt of an application and
the applicable filing fee. On receipt of
the written request for waiver, the Director will make a ruling and issue an
appropriate refund of some or all of the filing fee if the request is
denied. The applicant may make written
request for review of the Director's determination as to waiver. At such time as the applicant requests Board
review, the filing fee will become entirely nonrefundable. Board decisions on review will be reported by
letter to the applicant.
APPLICATION;
FEES
BA 14.01
Applications
and supporting documentation must be submitted in original form. The Board will
not accept facsimile transmissions in satisfaction of its filing requirements.
BA 14.02
An
application for bar admission, or for a character and fitness certification
pursuant to SCR 40.06(3m), will not be filed unless:
(a) It is submitted in typewritten form;
(b) It is accompanied by two properly executed
authorization and release forms;
(c) It is accompanied by filing fees in the
proper amount, and, if it is a bar examination application, payment is by
certified check or money order; and
(d) The applicant's signatures on the
application and on the authorization and release forms are notarized.
BA 14.03
Applications
are continuing applications during their pendency. Applicants are required to notify the Board
in writing of any changes with respect to the information elicited by the
application, and each application must accurately reflect the facts throughout
the time that the application is processed, including the date on which the
applicant is admitted to practice in
BA 14.04
Applicants
for bar admission on the diploma privilege shall file an application for a
character and fitness certification with the Board between the time the student
has completed a minimum of 50 credit hours and 30 days after the J.D. is
conferred. Payment of a late fee will be
assessed to spring graduates who have not filed by December 15, summer
graduates who have not filed by March 15, and fall/winter graduates who have
not filed by July 15.
BA 14.05
An
application for a character and fitness certification must be filed with the
Board at least three months prior to a scheduled law school swearing-in
ceremony in order for a diploma privilege applicant to be certified for
participation in the large-group swearing-in ceremony.
Amended
December 12, 1991; December 8, 1994; August 24, 1995; November 3, 1995; January
21, 1997; August 22, 2002; August 17, 2004; April 6, 2005; January 17, 2008.