Supreme Court of Missouri
en banc
January 31, 2006
Effective July 1, 2006
In re:Effective July 1, 2006
Repeal of subdivision 8.10, entitled “Admission Without Examination,” and the Regulations of the Board of Law Examiners thereto of Supreme Court Rule 8, entitled “Admission to the Bar,” and in lieu thereof adoption of a new subdivision 8.10, entitled “Admission Without Examination,” and new Regulations of the Board of Law Examiners thereto.
ORDER
1. It is ordered that effective July 1, 2006, subdivision 8.10 and the Regulations of the Board of Law Examiners thereto of Supreme Court Rule 8 be and the same are hereby repealed and a new subdivision 8.10 and new Regulations of the Board of Law Examiners thereto adopted in lieu thereof to read as follows:- 8.10 ADMISSION WITHOUT EXAMINATION
- (a) A person proving each of the following may be admitted to the practice of law in this state, without examination:
(1) A first professional degree in law (J.D. or LL.B) was received from a law school that was approved by the American Bar Association at the time the person graduated;
(2) Admission to practice of law in another state or territory of the United States or the District of Columbia and an active license to practice law in at least one jurisdiction that permits mutuality of admission without examination to Missouri lawyers;
(3) The application and related forms required by the Board have been filed and the prescribed, non-refundable fee has been paid;
(4) For five of the seven years immediately preceding the date upon which the application under this Rule 8.10 is filed, the person has:
(A) Been engaged in the full-time practice of law primarily at or from an office physically located in a state, other than Missouri, or in a territory of the United States or the District of Columbia, while the individual had an active license to practice law in such state, territory or the District of Columbia; or
(B) Served full-time as a lawyer with the United States government or its armed forces; or
(C) Taught full-time in a law school approved by the American Bar Association; or
(D) Any combination of the foregoing;
(5) The approval of the Board required by Rule 8.11 and the other applicable requirements of Rule 8;
(6) Compliance with Rule 15.05(d) within 90 days after the date of written notification that the person’s character and fitness has been approved.
(b) A person is not eligible to be admitted under this Rule 8.10 if he or she fails the Missouri Bar examination within the seven years immediately preceding the date upon which the application under this Rule 8.10 is filed or at any time thereafter.
(c) A person admitted pursuant to this Rule 8.10 is required to meet the continuing legal education requirements specified in Rule 15.
Regulations of Board of Law Examiners
1. The” practice of law” is a term of art. Though no broad rule can be drawn to define the" practice of law", it connotes more than merely working with legally-related matters. The applicant bears the burden to prove he or she has been engaged in the full-time practice of law such that the applicant’s professional experience and responsibilities are sufficient to satisfy the Board that the applicant should be admitted under this Rule 8.10.2. An applicant’s practice of law, including, but not limited to, practice under Rule 8.105 or Rule 8.06, within, or from an office located within, the State of Missouri will not, under any circumstances, be considered by the Board in determining compliance with Rule 8.10(a)(4)(A).
3. An applicant must be able to demonstrate that he or she satisfies the requirements of this Rule 8.10 as of the date the application is submitted; practice after the date of application will not be considered.
4. An applicant’s candor in representing his or her eligibility under this Rule 8.10 will be considered by the Board as a part of its evaluation of the applicant’s character and fitness.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
____________________________
MICHAEL A. WOLFF
Chief Justice