Character and Fitness

For information about application requirements, please visit the Board’s How to Apply page and FAQs regarding Eligibility and General Requirements and Application Submissions.

An applicant must meet both the General Requirements for Admission in Rule 4 and the Standards for Admission in Rule 5.  This page is designed to answer questions about the character and fitness standards outlined in Rule 5. For more information about the General Requirements for Admission, please see Rule 4 and the Board’s Eligibility and General Requirements FAQs.

The Board will certify an applicant’s good character and fitness for admission if the Board finds that the applicant has a current record of conduct which demonstrates that the applicant meets the essential eligibility requirements for the practice of law and justifies the trust of clients, adversaries, courts, and the public. Honesty is the single most important characteristic.  Full and complete disclosure is important.  In addition, serious misconduct in an applicant’s past will require an applicant to provide evidence of rehabilitation.  The burden is on the applicant to prove a current ability to meet the essential eligibility requirements to practice law in Minnesota.

The essential eligibility requirements for the practice of law in Rule 5A are as follows:

• The ability to be honest and candid with clients, lawyers, courts, the Board, and others;
• The ability to reason, recall complex factual information, and integrate that information with complex legal theories;
• The ability to communicate with clients, attorneys, courts, and others with a high degree of organization and clarity;
• The ability to use good judgment on behalf of clients and in conducting one’s professional business;
• The ability to conduct oneself with respect for and in accordance with the law;
• The ability to avoid acts which exhibit disregard for the rights or welfare of others;
• The ability to comply with the requirements of the Rules of Professional Conduct, applicable state, local, and federal laws, regulations, statutes, and any applicable order of a court or tribunal;
• The ability to act diligently and reliably in fulfilling one’s obligations to clients, attorneys, courts, and others;
• The ability to use honesty and good judgment in financial dealings on behalf of oneself, clients, and others; and
• The ability to comply with deadlines and time constraints.

The Minnesota bar application is a sworn document filed with the Board, an agency of the Minnesota Supreme Court. Lack of candor in the application, or in the subsequent character and fitness investigation, including failure to fully and candidly disclose required or requested information, is considered a serious matter. Dishonesty in the bar application process will result in serious consequences for the applicant including delay in admission or denial of admission.

The questions on the bar application permit the Board to verify that an applicant meets the essential eligibility requirements to practice law.  The application elicits information regarding the applicant’s educational background, residence history, employment history, admission in other jurisdictions, names and addresses of references, and information regarding past conduct. The Board strongly encourages applicants to review the bar application well in advance of applying. Prospective applicants can view a sample copy of the bar application on the Board’s website or can access the Online Bar Application by creating a login account.

A pattern of dishonesty in dealing with employers, schools, and the Board of Law Examiners is the most frequent reason for denial of a bar application. Giving false information on the bar application and failing to be entirely candid in the application process are serious errors that will have negative consequences for an applicant. The applicant who fails to be honest on the application will have a difficult time showing that rehabilitation — which requires more than mere contrition and the passage of time — has occurred and will continue.

There is no type of misconduct that will automatically render an applicant ineligible for admission to the Minnesota Bar. The Board makes a current assessment of character and fitness for each applicant. An applicant with a history of serious misconduct who is candid with the Board and fully discloses the issues in the applicant’s past will be viewed more positively by the Board than an applicant who fails to disclose or under-discloses an incident to the Board.  The more serious the misconduct, the more evidence of rehabilitation the applicant must provide.  The applicant bears the burden of proving that he or she currently possesses the good character and fitness necessary to practice law in Minnesota. The burden of proving current good character is more difficult where the pattern of conduct is recent, the applicant has not shown evidence of rehabilitation, or the applicant lacks candor during the admission process.

The Board may consider any of the following to be grounds for further inquiry in a character and fitness investigation:

• unlawful conduct;
• academic misconduct;
• making of false statements, including omissions;
• misconduct in employment;
• acts involving dishonesty, fraud, deceit or misrepresentation;
• acts which demonstrate disregard for the rights or welfare of others;
• abuse of legal process;
• neglect of financial responsibilities;
• neglect of professional obligations;
• violation of an order of a court, including an order for child support;
• conduct evidencing current mental or emotional instability that may impair the ability to practice law;
• conduct evidencing current drug or alcohol abuse or dependency that may impair the ability to practice law;
• denial of admission to the bar in another jurisdiction on character and fitness grounds; or
• disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction.

The Minnesota bar application form includes questions inquiring about each of the above.

The Board may make inquiries of the applicant’s references, employers, former employers, colleges, law schools and others. The Board may also make inquiries of courts, police agencies, credit agencies, and other sources. During the background investigation, the applicant may be asked to provide additional facts, documents, and/or explanations concerning any response.

The Board will use the following factors in assigning weight and significance to prior conduct:

• the applicant’s age at the time of the conduct;
• the recency of the conduct;
• the reliability of the information concerning the conduct;
• the seriousness of the conduct;
• the factors underlying the conduct;
• the cumulative effect of the conduct or information;
• the evidence of rehabilitation;
• the applicant’s positive social contributions since the conduct;
• the applicant’s candor in the admissions process; and
• the materiality of any omissions or misrepresentations.

If the applicant has conduct or a pattern of conduct that raises concerns as to the applicant’s ability to meet the essential eligibility requirements, the applicant may wish to submit additional written evidence of rehabilitation to the Board along with the application. While the Board does not define rehabilitation, the applicant should review the weight and significance factors listed in Rule 5B(5) in considering what additional evidence he or she might wish to offer. Each applicant is obligated to cooperate fully with the Board’s character and fitness investigation by providing prompt and complete responses to all requests for additional records or explanation.  Applicants may call the Board office to discuss additional materials to submit.

Evidence of rehabilitation is critical to the Board’s determination of whether past problems are likely to lead to future professional misconduct. If a pattern of misconduct exists and appears likely to continue, the Board may deny the application. The Board must assess the applicant’s behavioral record to determine whether the problems of the past continue. If it appears that the misconduct is in the past, the Board must determine whether the applicant’s behavioral record indicates that the applicant’s life has changed in ways that suggest misconduct is unlikely to recur. An applicant with a significant conduct issue in the past who has shown sufficient evidence of rehabilitation and a current ability to meet the essential eligibility requirements may be admitted without further delay.

A pattern of misconduct related to chemical dependency or abuse will result in additional investigation. The Board regularly recommends licensing of applicants who have sought treatment for chemical dependency issues and who are able to meet the essential eligibility requirements.  If an applicant has been arrested, has had employment terminations, or other conduct that arises out of chemical abuse or dependency, the applicant may wish to provide medical records, treatment records, or affidavits verifying the applicant’s current good conduct, sobriety, or rehabilitation. The Board views the decision to seek chemical dependency treatment as a positive factor in evaluating the application.

Applicants with drug or alcohol problems are strongly encouraged to get the counseling or treatment they need as soon as possible. The applicant’s recognition of the problem and the applicant’s success in addressing the problem will be strong evidence of the applicant’s rehabilitation. The applicant may be admitted without further delay or, if the counseling or treatment is very recent, admitted conditionally pursuant to Rule 16.

If an applicant has conduct issues in the file that suggest that an applicant has a current chemical dependency issue, the Board may request a chemical dependency evaluation at the Board’s expense. The Board will factor the recommendations of the evaluator in making a determination on the file. This may delay the Board’s determination.

The Board’s focus in asking questions is on an applicant’s ability to meet the essential eligibility requirements and on conduct. The Board asks questions related to mental health issues because of its responsibility to protect the public by determining the current fitness of an applicant to practice law.  The Board regularly recommends licensing of applicants who have sought treatment. The Board encourages applicants to seek treatment.  The Board reviews the information received to determine whether an applicant is able to meet the essential eligibility requirements to practice law.

Bar examiners recognize that the stresses of law school and other life factors may result in the need to seek assistance. Applicants are encouraged to seek psychological counseling or psychiatric treatment if they feel the need for such treatment. The Board strongly encourages applicants to obtain such counseling or treatment whenever the applicant believes he or she might benefit from it. An applicant should not allow concern about a future bar application to dissuade them from obtaining needed treatment. The Board views the decision to seek treatment as a positive factor in evaluating applications. Recent or severe conditions may result in additional inquiry. The Board seeks to obtain the information in the least invasive way possible while balancing the need to protect the public. If a prospective applicant has any concerns, the applicant may call the Board office for information on how the Board has handled similar situations in the past.

Seeking assistance in response to stress or other life circumstances is appropriate and encouraged. Bar examiners recognize that the stresses of law school and other life factors may result in the need to seek assistance. Applicants are encouraged to seek psychological counseling or psychiatric treatment if they feel the need for such treatment. The Board strongly encourages applicants to obtain such counseling or treatment whenever the applicant believes he or she might benefit from it.  The Board only requests disclosure in circumstances where an applicant’s ability to meet the essential eligibility requirements may be impacted.  In those circumstances, the Board also asks applicants to provide additional information on what steps the applicant has taken to reduce or ameliorate the impact on the ability to practice.  The Board views the decision to seek treatment and other proactive measures as positive factors in evaluating applications.

Recent or serious past conduct may result in additional inquiry. The Board seeks to obtain the information in the least invasive way possible while balancing the need to protect the public. If a prospective applicant has any concerns, the applicant may call the Board office for information on how the Board has handled similar situations in the past.

Applicants are also encouraged to contact Lawyers Concerned for Lawyers.  Information provided to LCL is completely confidential and is not shared with the Board.

The Board holds all information and records received in the admission process in the strictest confidence.  Rule 14 of the Minnesota Rules for Admission to the Bar specifically addresses this issue. The Board releases information only in limited exceptions as stated therein, including the release to lawyer discipline and bar admissions agencies, or upon order of the Supreme Court of Minnesota.

There are many reasons why arrests do not result in convictions, and many of them have no bearing on guilt or innocence. The Board inquires into all aspects of possible relevant applicant misconduct. The applicant must report all criminal incidents and provide evidence of current good character. An acquittal or dismissal of charges is relevant but not dispositive of the issue. The applicant’s obligation, and the applicant’s best choice, is to be completely forthright and honest regarding all matters about which the Board inquires.

Admission to the bar does not require a perfect credit record and the Board recognizes that law students may carry substantial student loan debt. The Board’s inquiry into financial issues is to determine if an applicant has dealt honestly and responsibly with all creditors. Responsible dealings generally include taking actions such as, but not limited to, keeping in contact with the creditors, making good faith payment arrangements, making partial payments, reaffirming the underlying obligation, and/or working with a consumer credit counseling organization to address debt issues. Timely filing and payment of taxes and prompt payment of judgments is also important.

The Board is concerned about the admission of persons with a pattern of financial irresponsibility because mishandling of client funds is a frequent cause for professional discipline. The issue is not whether an applicant carries debt. The forthright and responsible handling of financial matters, however, is an essential element to becoming a lawyer.

Consumers are entitled to one free credit report per year from each of the three national credit bureaus, and a link to the provider of that service can be found at www.consumer.ftc.gov. The Board encourages prospective applicants to check their credit report well in advance of applying so they are aware of all debts, can correct any errors, remedy any delinquencies, and make full and proper disclosures. Prospective applicants may wish to time their requests to save one of their free reports until they are ready to apply, since they will be required to attach a current credit report with their bar application. The Board requires a report issued by one of the three bureaus, but not any specific bureau, and the free report meets the requirement.

While credit reports should generally include student loans, sometimes the reported information can be incomplete or confusing, particularly if federal student loans have been transferred between servicers or placed in collections. The Department of Education maintains a central database of all federal student loans called the National Student Loan Data System (NSLDS), which is available at https://nslds.ed.gov. The Board encourages any applicant who has any doubts about the status of their federal student loans, or their obligations with respect to them, to utilize this database and (if necessary) contact the Department of Education and/or the listed loan servicer for clarification.

The Board’s process seeks to verify that an applicant has acted honestly, diligently, reliably, responsibly, and has shown good judgment in managing their financial obligations, including student loans. The review of student loan matters is generally focused on whether the applicant has maintained all student loan accounts in a compliant status. Federal student loans, unlike many financial obligations, have numerous and flexible ways by which an individual may maintain a compliant status. Borrowers can pursue alternatives such as a forbearance or deferment to postpone repayment, reduced monthly payments pursuant to an income-driven repayment (IDR) plan, and may even be approved to make IDR “payments” of $0 per month following their application and verified lack of discretionary income.

If an applicant is unable to make the standard payments required by the loan servicer and terms, the Board would expect a diligent and financially responsible individual to exhaustively explore these avenues, contact the servicer or Department of Education as needed, complete and timely submit any necessary paperwork, and otherwise be proactive in utilizing available federal loan programs to avoid delinquency or default. While private borrowers are not entitled to utilize programs for federal loans, an applicant who is delinquent but has documentation showing that they proactively contacted the lender prior to becoming delinquent, submitted requests pursuant to any available deferment or financial hardship options, and/or proposed to pay a reduced amount reasonably based upon their financial ability, should submit this mitigating evidence. The Board’s process is designed to assess whether an applicant has exercised diligence and responsibility to maintain ongoing compliance with their financial obligations—not the amount of one’s student debt or how many years it will take to pay off.

When reviewing student loan delinquencies or defaults, examples of conduct that the Board may find indicative of financial irresponsibility and/or a lack of diligence include:

• Not being aware of the current status of loans or to whom they are owed;
• Failing to note that a deferment or forbearance period had ended;
• Having incorrectly assumed that a deferment or forbearance request was granted without verifying;
• Failing to research or inquire about federal programs or other payment options that could have kept the loans in a compliant status;
• Failing to timely complete and submit the paperwork or other documents needed to utilize such programs or payment options;
• Ignoring the debt, taking no action, and simply allowing the accounts to become delinquent or defaulted; and
• Expressing an intent to determine the status, explore options, and/or rectify issues at some point in the future, rather than currently taking action to address the matter.

When an applicant has allowed student loans to go into default, raising concern about the applicant’s diligence and financial responsibility, the Board will generally look to what actions the applicant has taken to rectify the situation for evidence of rehabilitation from the initial conduct. An applicant who has identified all the delinquent accounts, contacted the lender(s), agreed to payment plan(s), and is making timely and compliant payments on all such accounts, has already begun developing considerable evidence of rehabilitation. If the defaulted student loans are federal loans, the Department of Education explains the options for curing the default at Getting Out of Default, which could include a rehabilitation plan for as little as $5 per month (depending on income). In the same way that federal Direct Loans take about nine months to go into default, rehabilitation plans also require nine monthly payments to cure the default, so applicants are encouraged to begin the rehabilitation process as soon as possible. An applicant who is in default and fails to identify or investigate this process, declines to pursue even a modest income-based payment plan, fails to follow requirements or complete necessary paperwork, or fails to comply with the payment plan, may compound the initial concerns raised about their financial responsibility and diligence.

The IRS offers free tax transcripts both online and through the mail. Additional information about both processes can be found at: https://www.irs.gov/individuals/get-transcript. There are several types of transcripts available, but Account Transcripts will typically be the most helpful for this purpose, because they show a taxpayer’s account history for a given tax year. Additional information regarding transcript types and procedures can be found at: https://www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them.

State tax processes vary by state and applicants may have to contact the relevant state’s taxing authority or visit its website to determine what information is available and how to obtain it. In Minnesota, the Department of Revenue does not have an online system to look up individual income tax information, and taxpayers can call customer service to discuss their income taxes at (651) 296-3781 or request copies of their prior returns here: https://www.revenue.state.mn.us/requesting-copies-previous-returns.

When an applicant has had or currently owes a delinquent tax debt, this often raises even greater concern than with other types of debt delinquencies, as compliance with tax obligations is regarded as more significant than many types of financial obligations. The consequences of tax noncompliance are often greater than with other debts and such conduct is also in violation of federal and/or state law. The Board will carefully review the file of an applicant who, despite the importance of such matters, has failed to be diligent and responsible in managing them. The Board’s concern may be less acute if an applicant has demonstrated that a tax issue was due in part to youth, inexperience, and/or a reasonable good faith mistake (e.g. complexity of regulations, one-time withholding error, etc.). An applicant who presents their tax issue as an isolated and good faith mistake, but has failed to take steps toward rectifying it or has repeated it, will generally be required to provide additional evidence of rehabilitation from this conduct.

The Board would typically expect that an applicant, as part of showing financial responsibility and an ability to follow laws and other requirements, will have made all required tax filings. The bar application does not request disclosure of permissible non-filings (e.g. below income threshold in a given year), but applicants are expected to know the filing requirements and follow them. If an applicant is uncertain whether or not they were required to file an unfiled return, and is thus uncertain whether they are currently violating the law, the Board would expect an applicant to diligently research that issue and confirm or correct the situation. IRS filing requirements are often found in the introductory section of the relevant tax year’s Form 1040 Instructions, but state law requirements regarding income and residency based filing requirements vary substantially. An applicant who is currently noncompliant with federal or state filing requirement(s) will be expected to make all required filings as one part of showing the applicant’s rehabilitation from prior improper conduct. Consultation with counsel or a tax professional may be advisable as applicants determine the proper path to full compliance with the law.

When an applicant has accrued a tax debt, the Board will generally look to what actions the applicant has taken to rectify the situation for evidence of rehabilitation from the initial conduct. If unable to fully resolve the debt(s), an applicant may begin developing evidence of their rehabilitation by ensuring they have identified all of their federal and/or state tax delinquencies, contacted the relevant tax authorities, agreed to payment plan(s), and begun making timely and compliant payments on all tax debts. The IRS offers several payment options and many states also allow taxpayers to set up a monthly payment plan based on what the individual can afford. The Board generally will want to see sustained compliance and progress towards resolving these matters, such as six (6) timely and compliant payments pursuant to an approved payment plan, although the individual circumstances related to the accrual or handling of the debt may present additional factors for review. An applicant who has a tax debt and fails to identify, investigate, or pursue these processes, fails to follow requirements or complete necessary paperwork, or fails to comply with the payment plan, may compound the initial concerns raised about their financial responsibility and diligence. Similarly, an applicant who is unaware of or mistaken about the nature or extent of their tax issues (e.g. debt larger than believed, delinquent more years than believed, forgot state tax issue when resolving federal, etc.), may exacerbate concerns the Board may have about the applicant’s diligence, reliability, and financial responsibility. Applicants who have doubts about their tax history or status are encouraged to look up their past tax compliance and status before applying (see resources at FAQ #24 above).

No.  The Board interviews only applicants whose file raises questions as to the applicant’s ability to meet the essential eligibility requirements and whom the Board believes will be able to provide additional information that may satisfy the Board’s concerns.

Each year, roughly 1-2% of applicants to the bar are invited to meet with the Character and Fitness Committee.  The attorney for character and fitness and members of the Board will ask the applicant questions related to the application. The applicant may be represented by counsel during the interview, but is not required to be. The interview is conducted under oath and a court reporter is present. The applicant will have the opportunity to provide additional information and may supplement responses following the interview if the applicant wishes to do so. Following the interview, the committee will make a recommendation to the Board at the next meeting.  The Board may recommend the applicant for admission without delay, recommend the applicant with conditions, request additional information, or, in rare circumstances, deny the application.

The Board recommends that applicants who are invited to interview before the Board carefully review all documentation that the applicant has provided to the Board, review the questions asked by the bar application and the Board, and be prepared to address any discrepancies in the information provided.  For example, if an applicant has stated that the applicant was cooperative during an arrest for driving while after intoxicated, but other collateral information shows that the applicant was belligerent, the Board may inquire further during the interview.

Additional information about the character and fitness interview process is available in a guide on the Board’s website.

The Board may recommend an applicant for conditional admission if the applicant’s past conduct raises concerns under Rule 5 (Standards for Admission), but the applicant’s current record of conduct evidences a commitment to rehabilitation and a current ability to meet the essential eligibility requirements to practice law.  The conditional admission process is in place to enhance the likelihood of an applicant’s success in practicing law.  The conditions placed on the applicant are tailored to address the specific issues of conduct that raised concerns to the Board.  Conditional admission provides a mechanism for the Board to protect the public while providing applicants the ability to practice under agreed-upon terms.  Common situations for conditional admission include when an applicant is currently on probation with a court, is on conditional admission in another jurisdiction, has misconduct related to chemical dependency and very recent sobriety, has a recent history of financial irresponsibility or tax noncompliance, or has significant misconduct and insufficient evidence of rehabilitation.

Additional information about the conditional admission process is available in Rule 16 and in a guide on the Board’s website.

All lawyers admitted conditionally must agree to continue to update their answers on the Application for Admission to the Minnesota Bar, cooperate with the Board, remain law-abiding, notify the Board if they apply in another jurisdiction, and file third-party monitoring and self-monitoring reports. Depending upon the circumstances which underlie the conditional admission, a conditionally admitted lawyer may be required to submit to random drug testing, attend sober support group meetings, become involved with Lawyers Concerned for Lawyers, provide documentation of successful completion of probation, continue mental health treatment, and/or provide evidence of financial responsibility. Additional requirements may also be included within the terms of the Consent Agreement.

No. The fact that a lawyer has been admitted conditionally is confidential subject to the Board’s Rules and the Rules on Lawyers Professional Responsibility. Neither the certificate of admission to practice law nor the lawyer’s public record with the Minnesota Lawyer Registration Office will state that the lawyer is conditionally admitted. The Board will inform the Office of Lawyers Professional Responsibility (OLPR) when a lawyer is conditionally admitted so that OLPR can monitor whether the lawyer receives any complaints of unprofessional conduct. If there is a complaint of unprofessional conduct or it the Board finds that the lawyer has violated the Consent Agreement, the relevant portions of the lawyer’s application file are transmitted to OLPR.

If the Board’s staff determines that a violation of the Consent Agreement has occurred, the matter may be referred to the Conditional Admission Committee for further review.  The Committee may conduct further investigation, request documentation, and/or interview the conditionally admitted lawyer.  A minor violation, such as an applicant’s failure to timely submit a report, will likely result in a warning from staff.  In addition, a petty misdemeanor is unlikely to warrant further inquiry unless there are multiple occurrences.  If the applicant fails to cooperate with the Board, repeatedly violates the Consent Agreement, or a violation is serious, the Committee may make formal findings and recommend that the Board file a complaint with OLPR. If approved, the Board then transmits relevant portions of the application file to OLPR and the complaint is handled under the provisions of the Rules on Lawyers Professional Responsibility. The Director of OLPR may extend and/or modify the Consent Agreement, initiate proceedings to revoke the conditionally admitted lawyer’s license, or dismiss the complaint.

The length of conditional admission is dependent on the factors in a file. The Board may offer applicants a period of conditional admission of up to 60 months. The average length of conditional admission is two years. If, at the end of the conditional admission period, the conditionally admitted lawyer has successfully complied with the terms of the conditional admission, the lawyer and OLPR will be notified in writing that the lawyer’s name has been removed from the list of conditionally admitted lawyers.

Yes.  If the Board issues an adverse determination, an applicant has 20 days to appeal the determination. The adverse determination will provide the applicant with specificity as to the reasons for denial. If an applicant appeals, the Board will then set the matter for hearing before the full Board.  The applicant will be provided with a copy of the application file, with the exception of Board work product.  The Board is represented by the Attorney General’s office in the hearing.  The applicant may be represented by counsel during the interview, but is not required to be.  Both sides may submit exhibits and proposed findings. Both may also call witnesses. A prehearing will be conducted by telephone to address the hearing details, witnesses, and stipulations.

Following the hearing, the Board will issue findings and a final determination of the application.  The Board’s decision is generally provided within 45-90 days of the hearing. An applicant may appeal the Board’s determination to the Supreme Court.

An applicant may reapply three years from the date of the final determination, unless a shorter period is stated in the Board’s determination.

The Board may offer to postpone determination on an applicant’s file if the file contains recent character and fitness issues and a relatively brief record of rehabilitation from past conduct, to permit the applicant time to provide additional information to the Board.  The period varies but is often 9-12 months in duration.  The Board may offer this option to allow the applicant an opportunity to more fully develop and document a history of rehabilitation and evidence that the applicant is able to satisfy the essential eligibility requirements for the practice of law at the time the Board considers and makes a final determination of the application.  An applicant is not required to accept an offer to postpone determination and may request that the Board instead make a determination based upon the evidence that then exists.

Applicants or potential applicants to the Minnesota Bar who have questions about how past conduct might impact their application for admission should feel free to call the Board office for a confidential consultation. Applicants should call (651) 297-1857 and ask to speak to an Attorney for Character and Fitness or the Director. You may remain anonymous during the call.  Lawyers representing applicants or potential applicants are also encouraged to call the Board office for additional information.