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Rule 8. Licensure of Inactive Lawyers

Effective Date: 4/1/2013

A. Any person applying for a license to practice law who has been previously admitted to the bar of North Dakota, but has not secured a license for more than one year anytime after the date of the person's admission to the bar of North Dakota, shall file an application for licensure with the Board.This application must be accompanied by:

1. an affidavit stating:

a. if the applicant has not been licensed for a period of less than two years, that the applicant has received 15 hours of approved or approvable course work in Continuing Legal Education, one hour of which shall be in the area of ethics or course work commonly considered professional responsibility, in the 18-month period immediately preceding the application;

b. if the applicant has not been licensed for a period of more than two years but less than three years, that the applicant has received 30 hours of approved or approvable course work in Continuing Legal Education, two hours of which shall be in the area of ethics or course work commonly considered professional responsibility, during the 30-month period immediately preceding the application;

c. if the applicant has not been licensed for a period of three or more years, that the applicant has received 45 hours of approved or approvable course work in Continuing Legal Education, three hours of which shall be in the area of ethics or course work commonly considered professional responsibility, during the 42-month period immediately preceding the application; or

d. if the applicant is not licensed, voluntarily or involuntarily, due to noncompliance with the continuing legal education requirement of the North Dakota Rules for Continuing Legal Education, that the applicant has received 45 hours of approved or approvable course work in Continuing Legal Education, three hours of which shall be in the area of ethics or course work commonly considered professional responsibility, during the 42-month period immediately preceding the application.

2. certification of admission to practice by the admitting authority in each jurisdiction where the applicant has been admitted to the bar;

3. certification by the lawyer disciplinary authority in each jurisdiction where the applicant has been admitted to the bar that there are not prior or pending proceedings of disbarment or suspension of the applicant's license to practice law against the applicant in that jurisdiction, and that any client protection funds disbursed on the lawyers behalf have been reimbursed by the lawyer.

4. an affidavit containing the following information:

a. the specific dates of nonlicensure in North Dakota;

b. the applicant's reasons for not seeking a license to practice law in North Dakota during the period identified in a.; and

c. the applicant's employment and legal activities during the period identified in a.; and

5. payment of a licensure investigation fee set by the Board.

B.The Board shall investigate the applicant's application and its sufficiency, including the moral character of the applicant. In its investigation of the applicant's application the Board shall give consideration to the following factors:

1. the applicant's work experience during the period of nonlicensure in North Dakota;

2. the length of time during which the applicant did not secure a license to practice law in North Dakota;

3. the applicant's continued licensure in another jurisdiction during the period of nonlicensure in North Dakota.

C.If the Board determines that the applicant's legal experience during the nonlicensure does not demonstrate sufficient competency in the practice of law, it shall require the applicant to take an lawyer's examination. The Board shall set the date, time, place, and content of each examination.

D.Based upon the results of the investigation of the applicant's application and the lawyer's examination, if required, the Board may issue a license to practice law to the applicant upon the applicant's payment of the license fee established by Section 27-11-22, N.D.C.C., to the Secretary-Treasurer of the State Board of Law Examiners.

E.The Board may issue a conditional license under the provisions of Rule 9.

[Amended effective October 21, 1998; March 1,1999; August 1, 2001; April 1, 2013.]

Effective Date Obsolete Date
04/01/2013 View