Rule 13 of the Rules Governing Admission to the Maryland Bar allows attorneys to take the Maryland Out-of-State Attorneys’ Examination. Attorneys must be a members of another state Bar and must have regularly engaged in the authorized practice of law for at least ten years or five of the past ten years immediately preceding the petition for admission.
The modified exam is offered at the same time as the general Maryland Bar Exam (February and July). The Maryland Attorneys’ Exam is an open book test. The attorney must provide the reference materials. Attorneys are expected to make references to rules and statutory sources. The questions relate to three volumes of the Annotated Code of Maryland, which include (1) Maryland Rules, Volumes 1 and 2, Courts and Judicial Proceedings Article, and (3) Criminal Procedure Article. Federal rules and practice are not covered.
The exam is a one-day (3 hour) exam. There are 100 points possible. The weight for each question is provided in the test. Sample questions can be found on Maryland’s State Board of Law Examiners’ Website.
Attorneys are allowed retake the Attorneys’ Exam but cannot fail it more than four times.
Additional Requirements
The Maryland Out-of-State Attorneys’ Examination’s additional requirements are as follows:
Character and Fitness. Attorneys must meet the applicable character and fitness standards. The character and fitness report is conducted by the NCBE.
Good Standing and Prior Bar Exam. Attorneys must have passed a written examination in a state.
Practice of Law. Attorneys must have regularly engaged in the authorized practice of law for at least ten years or five of the past ten years immediately preceding the petition for admission. Attorneys must possess full-time professional experience as:
- Practitioners of Law*
- Judges of a court of record in a state
- Law Professors at an ABA approved law school
*A practitioner of law is a person who is regularly engaged in the authorized practice of law in a state, as the principal means of livelihood, and whose professional experience and responsibilities have been sufficient to satisfy the Board that the attorney is in the authorized practice of law. The Board may consider the extent of general practice, duties and responsibilities, specializations, and contacts and reputations with clients, lawyers, and judges.
The Board may treat a practitioner of law’s actual experience if his/her experience does not meet the literal definition or duration requirements.
MPRE. The Multistate Professional Responsibility Exam (MPRE) is not required.
Required Professionalism Course. Attorneys must complete a course on legal professionalism.
Oath of Admission. Attorneys must take the oath of admission within 24 months of approval.
Maryland Out-of-State Attorneys’ Exam Petition Procedure
Attorneys are required to file an Application with the Board. The attorney bears the burden of proving that he or she meets all requirements. All fees are refundable if the Board determines the attorney is not qualified for the modified exam. If the attorney withdraws the petition for other reasons or fails to sit for the exam, the fees are nonrefundable unless good cause is shown.
The petition must be filed 60 days prior to the Maryland attorneys’ exam the attorney wishes to take. The Board may accept the petition after the deadline if good cause is shown. Attorneys may file an exception within five days of a petition’s rejection.