### IN THE SUPREME COURT OF THE STATE OF MONTANA
AF 11

- 0244

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IN RE RULES FOR ADMIS SION TO THE BAR OF MONTANA O R D E R

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### On June 5, 2020 , the State Bar of Montana Board of Trustees filed a petition in support of Temporary Rules for Admission to the Bar of Montana

. After consideration of the proposed amendments, the C ourt has determined to issue

an expedited order given the unusual circumstances prompting this request, the fact that the date of the Montana Uniform Bar Exam is July 28

- 29, 2020, and the need for this Court to act expeditiously. IT IS ORDERED that the Petition to Adopt Te mporary R ules for the Admission to the Bar of Montana is GRANTED, and the attached Rules are ADOPTED, effective immediately

. This Order and the attached R ules shall be posted on the Court’s website. In addition, the Clerk is directed to provide copies of this Order and attach ed Rules to the State Law Library, to Todd Everts and Connie Dixon at Montana Legislative Services, to Chad Thomas and the Thomson Reuters Rules department at Thomson Reuters, to Patti Glueckert and the Statute Legislation department at LexisNexis, and to the State Bar of Montana, with the request that the State Bar provide notice of the revised R ule s on its website and in the next available issue of the Montana Law yer . DATED this 17th day of June , 20 20

. /S/ MIKE McGRATH /S/ JAMES JE REMIAH SHEA /S/ LAURIE McKINNON /S/ BETH BAKER /S/ INGRID GUSTAFSON /S/ DIRK M. SANDEFUR /S/ JIM RICE 06/17/2020

Case Number: AF 11-02441

**TEMPORARY RULES FOR ADMISSION TO THE BAR OF MONTANA**

**A. Purpose**  1. In light of the extraordinary circumstances created by the global pandemic of COVID

- 19, some candidates will be unable or unwilling to sit in person for the Montana Uniform Bar Examinat io n and will choose to defer unt il the next administration of the exam. 2. Postp oning the bar examinat io n ma y impair the livelihoods of those persons as well as the lawyers and law firms who intended to employ those persons. 3. Through provisio nal admissio n of eligible persons, the Court seeks to mit igate the economic hardships fo r those candidates who are unable or unwilling to sit for the Montana bar examinat io n while fulfilling the Court’s responsibilit y to protect the public by ensuring that persons practicing law in Montana are competent to do so. **B. Eligible Persons**  1. A recent gr aduate of law school is eligible for provisio nal admissio n to the Montana State Bar if he or she: a) Graduated from a law school accredited by the Ameri can Bar Association in th e 18 months immediately preceding his or her applicat io n fo r provi si onal admissio n ; b) Has been certified as fit to practice law by the Montana Co mmissio n on Character and Fitness; c) Has been certified by the dean of the law school from which he or she graduated as being of good character and competent legal abilit y; d) Has not failed a bar ex aminat io n in any jurisdict io n; and e) Has not been denied admissio n in any other jurisdiction. 2. A lawyer admitted to practice in another jurisdict io n is eligible for provisional admissio n if he or she: a) Has been admitted by examinat io n to the practice of law in another jurisdict io n in the United States, is in good standing in every jurisdict io n in which he or she is admitted to the practice of law, and is not the subject of any pending disciplinary proceedings in any jurisdict io n;2 b) Has been certified as fit to practice law by the Montana Co mmissio n on Character and Fitness; c) Has not been denied admissio n in any other jurisdiction; and d) Is not eligible for admissio n upon moti on under Section V of these Rules, Admission on Motion

. **C. Application for Provisional**  **Admission** 1. To seek provisio nal admissio n, an eligible person must submit an applicat io n to th e Montana Board of Bar Examiners on a form issued by the Board for this purpose, along wit h any required documentation. 2. The applicant must have obtained a scaled sc ore of 80 or higher on the Mul ti state Professio nal Responsibilit y Ex aminati on (MPRE) from any testing si te: a) No earlier than three years before the date of the applicant’s provisional admissio n, or b) No later than 12 months after the date of the applicant’s p rovisi onal admissio n. 3. The applicant shall acknowledge in writ ing that, upon provisio nal admissi on , the applicant i s subject to these Rules and the Montana Rules of Professio nal Conduct. 4. The applicant shall further acknowledge that any vi ol at io n of these Ru les or of the Montana Rules of Professio nal Conduct may subject the applicant to discipline by th e Montana Office o f Disciplinary Counsel and/or this Court, which may include: a) Suspensio n of this provisio nal admissio n; and/or b) Revocati on of

the applicant’s cert ificat io n of fit ness by the Commissi on

on Character and Fitness. **D. Certificate of Provisional Admission**  1. Upon determinat io n by the Montana Board of Bar Examiners that the applicant is eligible for provisio nal admission, the Bar Admissions Administrator shall issue th e applicant a Certificate of Provisio nal Admission. 2. Pri or to the applicant’s provisio nal admission to the Montana Bar, he or she shall: a) Sign the roll of attorneys kept by the Clerk of the Montana Supreme Court; b) Sign the attorney

ethics oath;3 c) Recite the oath prescribed by the Montana Supreme Court, which may be administered by

any Montana di stri ct j udge or Supreme Court j ust ice or the Clerk of the Montana Supreme Court; d) Provi de proof

of insurance as required by sect io n E(1); and e) Pay the f ol lo wing fees: i. State of Montana license tax; ii. State Bar of Montana fees and assessments; and iii. Fees and assessments for the Office of Disciplinary Counsel and the Lawyers’ Fund for Client Protection. **E. Practice Requirements: Supervised Practice & Malpractice**  **Insurance** 1. At all times, a person provisio nally admi tted to the Montana Bar shall be insured for legal malpractice. 2. At all times, a person provisio nally admi tted to the Montana Bar shall be supervised by a lawyer who a) Was admitted to the Montana Bar no later than October 1, 2015; b) Is an active member of the State Bar of Montana in good standing; and c) Has never been the subject of public discipline. 3. A provisionally admitted lawyer shall disclo se to each client at the out set of the representation that he or she is provisio nally admi tted and may pract ice only under supervisio n. a) A provisionally admitted lawyer shall provide each client in writ ing the name of the lawyer supervising him or her, including the lawyer’s firm nam e, mailing address, email address, telephone number, and Montana bar number. b) Every document a provi si onally admitted lawyer files in a Montana state or federal court or tribunal shall: i. Expressly disclo se that the person is provisio nally admi tted, and ii. Shal l ident ify the lawyer supervising the provisio nally admi tted person, including the supervising lawyer’s firm name, mailing address, email address, telephone number, and Montana bar number.4

4. A provisionally admitted lawyer appearing in a Montana court or administrative tri bunal m ust file a document showing the supervising attorney’s and client’s wri tten consent to the provisio nally admitted lawyer’s representation. a) The provi si onally admi tted lawyer m

ust orally advise the court at the init ial appearance that he or she is certified to appear pursuant to this rule. **F. Authorized Scope of Practice**  Subject to the limitat io ns described infra , a person provisio nally admi tted to the Montana Bar may appear in courts of record, administrative tribunals, arbitration hearings, and other j udicial and quasi

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judicial proceedings in all civil and criminal matters. 1. In civil cases in any court or tribunal, the person on whose behalf an appearance is being made must consent to the supervising attorney’s absence. 2. In any criminal matter in which the defendant does not have the right to counsel under a constitutional provisio n, statute, or rule of this court, the supervising attorney i s not required to be personally present in court. However, if the defendant has the right to counse l, the supervising lawyer must be personally present th roughout the proceedings. **G. Publication**  The State Bar of Montana shall publish the names of all persons provisio nally admi tted to th e Montana Bar, including in the Montana Lawyer. **H. Termination of Provisio**  **nal Admission** 1. A person’s provisio nal admissi on

shall terminate immediately

if the provi si onally admitted lawyer:

a. does not sit for either of the first two Montana Uniform Bar Examinat io ns administered after the date these rules are adopted by the Montana Su preme Court; b. fails the Montana Uniform Bar Examinat io n; or
c. is sworn in as a full member of the Montana Bar. 2. A person who passes the Montana Uniform Bar Examinat io n shall be provisio nally admitted until the first of the following occurs: a) 60 days pass after th e Board of Bar Examiners releases the results of the Montana Uniform Bar Examinat io n, or5 b) The person is sworn in as a full member of the Montana Bar. 3. If a provisio nally admitted person becomes eligible for full admissio n to the Montana bar by

admissi on

o n mo ti on before his or her provisio nal admissio n expires, he or she shall pro mpt ly take the steps necessary to complete his or her full admissio n on moti on. 4. The Montana Supreme Court has the authorit y to revoke or suspend any provisi onal admissio n fo r goo d cause shown upon the motion of the Montana Office of Di sciplinary Counsel or the Montana Board of Bar Examiners, or upon proof of the provi si onal

l awyer’s vi ol at io n of these Rules or of the Montana Rules of Professio nal Conduct. **I. Automatic Expiration of T**  **hese Rules** 1. Unless otherwise ordered by the Montana Supreme Court, these Temporary Rules of Admissio n to the Montana Bar will expire 60 days after the Board of Bar Examiners releases the results of the second Montana Uniform Bar Examination administered aft er the date these rules are adopted by the Montana Supreme Court. 2. The Montana Supreme Court may extend these rules as required by the continuing public healt h emergency and, if necessary, will do so by f urther order.