CHAPTER SCR 40
ADMISSION TO THE BAR
Definitions; list of law schools.
Legal competence requirement: Diploma privilege.
Legal competence requirement: Bar examination.
Legal competence requirement: Proof of practice.
Legal competence requirement: graduates of law schools in other nations.
Requirement as to character and fitness to practice law.
Proof of qualifications.
Conditional bar admission.
Deadline for admission.
Waiver of requirements.
Fee waiver for qualified veterans.
APPENDIX Rules of the Board of Bar Examiners.
SCR 40 Note
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 Former rule XII relating to exemption to these rules has been repealed as it was applicable to applicants for admission to the bar by examination who received an acceptable law degree by 1971.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 Note
Note: SCR Chapter 40 was amended December 29, 1980; 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; October 1, 1995; November 3, 1995; June 4, 1998; September 1, 1998, September 1, 2000; April 10, 2001; January 17, 2008; January 1, 2009; June 1, 2009; April 1, 2011; June 8, 2011; September 15, 2011; December 1, 2012; April 19, 2013; July 1, 2017.
Definitions; list of law schools. 40.01(1)(1)
In this chapter, unless the context otherwise requires:
“Board" means the board of bar examiners.
“Clerk" means the clerk of the supreme court.
) “Electronic application system" means a web-based system established by the board of bar examiners through which individuals may electronically file an original or amended application under this chapter.
) “Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronically-filed application that can be executed or adopted by the applicant with the intent to sign the application under oath or affirmation.
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 40.01 History
Sup. Ct. Order No. 11-02
, 2011 WI 90, 336 Wis. 2d xiii.
A person who meets all of the following qualifications shall be admitted to practice law in this state by order of the supreme court:
Has attained the age of majority under the law of this state.
Satisfies the legal competence requirements by diploma privilege (SCR 40.03), bar examination (SCR 40.04 or SCR 40.055) or practice elsewhere (SCR 40.05).
Satisfies the character and fitness requirements set forth in SCR 40.06.
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.
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 40.02 History
Sup. Ct. Order No. 95-15
, 196 Wis. 2d xv (1995); Sup. Ct. Order No. 11-08
, 2012 WI 113, filed 11-1-12, eff. 12-1-12.
SCR 40.02 Note
Case Notes: A candidate for admission to the bar bears the burden of proof to establish the qualifications for admission under this section. In Matter of Bar Admission of Rippl, 2002 WI 15
, 250 Wis. 2d 519
, 639 N.W.2d 553
SCR 40.02 Annotation
A candidate for admission to the bar of this state bears the burden of proof to establish his or her qualifications under SCR 40.02. There is no presumption that an applicant for admission to the Wisconsin bar has the appropriate character and fitness to be admitted and specifically no presumption in favor of finding that an applicant possesses the requisite character and fitness simply because a sister state has already so determined. Littlejohn v. BBE, 2003 WI 36
, 261 Wis. 2d 183
, 661 N.W.2d 183
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:
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.
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 United States and this state.
(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 40.03 History
Sup. Ct. Order No. 95-07
, 192 Wis. 2d xix (1995); Sup. Ct. Order No. 11-08
, 2012 WI 113, filed 11-1-12, eff. 12-1-12.
Legal competence requirement: Bar examination. 40.04(1)(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 law school that is fully or provisionally approved by the American bar association at the time of the applicant's graduation.
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.
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.
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.
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.
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.
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.
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 40.04 History
Sup. Ct. Order No. 97-09
xix, 218 Wis. 2d (1998); Sup. Ct. Order No. 07-04
, 2008 WI 5, filed and eff. 1-17-08.