STATE BOARD OF LAW EXAMINERS

ORIGIN & FUNCTIONS

Originally, the various local courts were authorized to examine persons seeking to be admitted to the practice of law in Maryland. Examination of attorneys remained a function of local courts until 1898, when the State Board of Law Examiners was created (Chapter 139, Laws of 1898).

The Board and its staff administer bar examinations twice annually in February and July. Each is a two-day examination of between nine and twelve hours of writing time.

Since 1972, the Board has used the Multistate Bar Examination (MBE) as part of the overall examination. The MBE is the nationally recognized law examination consisting of multiple-choice questions, prepared and graded under the direction of the National Conference of Bar Examiners. The MBE covers six subjects: contracts, criminal law, evidence, real property, torts, and constitutional law. Usually, the MBE is given on the second day of the overall examination. The first day normally is devoted to the traditional essay examination, prepared and graded by the Board.

Pursuant to the Rules Governing Admission to the Bar, adopted by the Court of Appeals, June 28, 1990 (effective August 1, 1990), and Rules of the Board adopted October 8, 1990, the subjects covered by the Board's essay examination may include such subjects as: agency; business associations; commercial transactions; constitutional law; contracts; criminal law and procedure; evidence; Maryland civil procedure; property; professional conduct; and torts. Subjects are not specifically labeled on the examination paper, and questions may encompass more than one subject area.

The Board also processes applications for admission filed under Rule 13, which permits out-of-State attorneys to apply for admission to the Maryland bar. These applicants must have practiced law for a total of ten years or at least five years of the ten years preceding application. The lawyers' examination is an essay test limited in scope and subject matter to Maryland's Rules of Practice and Procedure and Rules of Professional Conduct. The test is three hours long and is administered on the first day of the regularly scheduled bar examination.

The requirement that all applicants to practice law in Maryland live in the State when admitted to the bar was abolished in 1982.

The Board is composed of seven lawyers appointed to five-year terms by the Court of Appeals. Authorization for the Board continues until July 1, 1999 (Code Business Occupations and Professions Article, secs. 10-201 through 10-218).

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