Admission Without Examination Experienced Out-of-State Attorneys

Experienced attorneys licensed to practice in another U.S. jurisdiction may be eligible for admission to the Bar of Maryland without examination. Admission without examination will be governed by Maryland Rules 19-215 and 19-216 (effective March 1, 2019). This page summarizes the eligibility requirements and application procedure for admission without examination.

Eligibility for admission without examination will be governed by Md. Rule 19-215.

To be eligible for admission without examination, the petitioner must establish:

  1. Current admission in good standing to the Bar of a state (defined as a U.S. State, territory or possession, or the District of Columbia)
  2. Having passed the bar examination in a state or having been admitted by diploma privilege after graduating from an ABA law school
    1. The petitioner is not required to be a current, active member of the Bar in any state where they previously were admitted after passing the bar exam, so long as the petitioner is a current active member in good standing of at least one state bar. (For example, a situation where the petitioner voluntarily resigned their bar membership or became inactive in a state where they took and passed the bar exam, but had also become the member of the bar of another state by motion/waiver admission).
    2. A petitioner who took the UBE in a UBE state where the score they achieved was not a passing score but who was admitted to another UBE state based upon that UBE score is considered to have passed the bar exam in the UBE state where they became admitted using that UBE score.
  3. Having accumulated the professional experience required by Rule 19-215(b) by working for 3 of the most recent 5 years or for more than 10 years overall in
    1. The full time authorized practice of law in a state** or
    2. Full time employment as a teacher of law at an ABA-approved law school or
    3. Full time employment as a judge of a court of record of a state or
    4. A combination of (a) – (c)

      **For purposes of calculating an individual’s qualifying professional experience, practice before U.S. federal courts, or in the employ of U.S. federal agencies, or on behalf of U.S. federal agencies, or in a U.S. Military justice branch, where the authority for such practice is based on admission to a U.S. state bar, is considered to be “practice of law in a state.”
  4. Good moral character & fitness for the practice of law in Maryland.
  5. “Exceptional cases”
    1. The Board may make an exception to the strict requirements of Rule 19-215(c)(1) which addresses the type(s) of work done by a person claiming to be a “practitioner of law.”
    2. The Board may not make an exception to the duration of professional requirements required under Rule 19-215(d).
    3. If an individual believes that his or her professional qualifications constitute an “exceptional case,” the individual must include in the Statement of Professional Qualifications a detailed explanation as to how the individual’s circumstances are exceptional.

The process for applying for admission without examination is governed by Rule 19-216.

  1. Create an account in SBLE’s eBar online application system.
    1. The account creation process requires the entry of personal identifying information, including a U.S. Social Security Number and an NCBE number issued by the National Conference of Bar Examiners.
    2. If you do not have a U.S. Social Security number, you should contact SBLE’s administrative office for instructions before you attempt to create your eBar account.
    3. If you do not have an NCBE number or if you do not know your NCBE number, go to NCBE’s website www.NCBEX.org to create an NCBE account or retrieve your NCBE number before you attempt to create your eBar account.
    4. Select the user role “Out of State Attorney.”
  2. Complete and submit via your eBar account the “Petition for Admission Without Examination” (Petition).
    1. The Petition elicits certain information including the petitioner’s history of bar admissions. The petitioner must list every state bar to which they have ever been admitted, even if not currently admitted there.
    2. The online Petition must be accompanied by several documents (attached electronically).
      1. Statement of Professional Qualifications - organized in chronological order beginning with the date of the petitioner’s first Bar admission and first qualifying professional experience and ending with the most recent qualifying professional experience. The Statement should aver whether each admission to a State Bar was by examination, by motion, or by diploma privilege. If averring professional experience as a “practitioner of law,” as to each period of legal employment, the petitioner should include sufficient detail pursuant to Maryland Rule 19-215(c)(2) on the requirements and duties of the position to allow the Board to determine that such employment constituted the “authorized practice of law.”
      2. Certificates of Good Standing from each jurisdiction where the petitioner is currently admitted. Each Certificate must have been issued within the 3 months immediately preceding the date of filing the hard copy Petition.
      3. Completed National Conference of Bar Examiners (NCBE) Character Questionnaire and NCBE payment verification.
        1. Character investigations for individuals seeking admission without examination are conducted by the National Conference of Bar Examiners.
        2. Petitioners must complete the NCBE’s online character questionnaire and pay the $550 NCBE investigation fee at the NCBE’s website – www.NCBEX.org
        3. Petitioners must download a PDF of the NCBE character questionnaire and payment verification and attach both documents to the Petition webform in eBar.
  3. Preliminary Review for Eligibility and Payment of Fees - Upon review of the submitted Petition for completeness, SBLE will conduct a preliminary review to determine whether the petitioner is eligible under Rule 19-215.
    1. If the petitioner is eligible, SBLE will approve your Petition for electronic payment of the $700 Petition fee via your eBar account and notify you by email when your online invoice is ready.
    2. If the petitioner appears not to be eligible, SBLE will inform the petitioner of the basis for that decision and provide the opportunity to withdraw the Petition.
      1. If the petitioner chooses to withdraw, SBLE will close the file without approving for payment of any fees.
      2. If the petitioner chooses to proceed, SBLE will approve your Petition for electronic payment of the $700 Petition fee via your eBar account and notify you by email when your online invoice is ready. After you make payment, the Board will direct NCBE to begin your character investigation. The Board will make a final determination on eligibility after NCBE finishes the character investigation. (This procedure will apply to every petitioner seeking to establish their professional experience as an “exceptional case” as described above.)
  4. Other admissions requirements:
    1. Petitioners under Rules 19-215 and 19-216 must satisfy the requirements of Rule 19-212 by reporting to SBLE a Qualifying MPRE Score
      1. Board Rule 6 establishes the qualifying MPRE score as a scaled score of 85 or greater earned at any time, so long as the score can be officially reported to SBLE by NCBE or, if the score is too old to be reported by NCBE, by bar admissions officials in another U.S. state.
      2. NCBE currently maintains MPRE score reports back to 1999. State bar admissions officials may maintain older scores.
      3. Petitioners may cause NCBE to report a Qualifying MPRE Score any time after creating an account in SBLE’s eBar system.
    2. Petitioner under Rues 19-215 and 19-216 must satisfy the requirements of Rule 19-213 by completing the Maryland Law Component.
      1. The Maryland Law Component consists of a set of written outlines and an online quiz designed to confirm familiarity with the outline materials.
      2. Applicants will be provided with information on completing the Maryland Law Component approximately a week after filing the Notice of Intent, and may complete the Maryland Law Component any time thereafter.

The admissions procedure AFTER petition filing

  1. NCBE will conduct the character investigation and generate a character summary report.
    1. NCBE’s investigations typically take anywhere from 2 to 6 months to complete.
    2. While the NCBE investigation is ongoing, the petitioner is obligated to provide application updates directly to NCBE via NCBE’s online application.
    3. SBLE will promptly notify the petitioner when SBLE receives NCBE’s character summary report.
  2. SBLE will review the NCBE’s character summary a report and determine whether any further information or documents are required.
    1. If further information or documents are required, SBLE will notify petitioner of those requirements and provide a deadline for compliance.
    2. If no further information or documents are required or as soon as all newly requested documents and information are produced, SBLE will direct the Petitioner to complete an Affirmation form. The Affirmation form contains averments to be signed under oath that the Petitioner has provided all required disclosures and that the Petition is complete.
    3. After the SBLE receives the NCBE Character Report, the petitioner is obligated to provide application updates directly to SBLE in the form of a signed letter, which may be delivered, mailed, or scanned and emailed to SBLE’s administrative office.
  3. When the Petitioner provides the signed Affirmation, SBLE will submit the Petition and all the investigation materials to a Board member for review.
    1. If the Board approves the Petition, SBLE will notify the petitioner.
    2. If the Board believes grounds may exist to deny the Petition, SBLE will notify the Petitioner and schedule a hearing before the Board at which the Board will receive testimony and evidence as to potentially any negative character issues and or any issue regarding eligibility.
      1. The Board will not hold a hearing until its confirms that the petitioner has complied with Rule 19-212 (Maryland Law Component) and Rule 19-213 (MPRE).
  4. Recommendation to the Supreme Court of Maryland
    1. If the Board approves the Petition without a hearing, SBLE will notify the Supreme Court of Maryland (SCM) for admission that the applicant is cleared for admission to the Bar promptly upon confirming Petitioner’s completion of all other admissions requirements.
    2. If the Board approves the Petition after a hearing, SBLE will notify the applicant and forward its recommendation in favor of admission to the SCM.
      1. The SCM may approve the Board’s recommendation without a hearing and order that the Petitioner be admitted OR
      2. The SCM may hold a show cause hearing to address any concerns it might have, and issue an Order that the Petitioner be admitted or denied admission.
    3. If, after a hearing, the Board believes there are grounds to deny admission, the Board will notify the petitioner, provide the petitioner with a draft of the proposed recommendation to the SCM, and offer the petitioner the option to withdraw the Petition.
      1. If the petitioner withdraws the Petition, the Board will retain the records and report to the SCM only that the petitioner withdrew.
      2. If the petitioner elects not to withdraw, the Board will transmit to the SCM a report and recommendation against admission together with the hearing transcript and all the papers pertaining to the matter.
        1. The SCM may approve the Board’s recommendation without a hearing and order that the Petitioner be admitted OR
        2. The SCM may hold a show cause hearing to address any concerns it might have
      3. The SCM will issue an Order that the Petitioner be admitted or denied admission.