delaware

bar admission administrative agency:

board of bar examiners of the supreme court of delaware
200 west ninth street
suite 300-b
wilmington, de 19801
tel: 302/577-7038
fax: 302/577-7037
website: http://courts.state.de.us/bbe
website: http://www.dsba.org/

bar admission options:

without bar examination
delaware does not have reciprocity of any kind with any other state.

limited permission to practice: however, an applicant of good character and reputation who is licensed in the highest court of another u.s. jurisdiction may, within the discretion of the board, be permitted to practice temporarily in all causes in which the applicant is associated with:

1. the community legal aid society, inc.;
2. the department of justice of the state of delaware;
3. the office of the city solicitor of the city of wilmington;
4. the office of the public defender of the state of delaware; or
5. any legal assistance program approved or recognized by the board.

this limited authorization to practice is not deemed admission to the bar. attorneys practicing in delaware under this provision must limit their practice to matters involving their office or clients of their program.

with bar examination
examination required for all applicants.

examination components:
1. academic: mbe, two mpt questions, and eight state essay questions. a weighted combined score of 145 is required on the essays and mbe.
2. ethics: mpre scaled score of 85 is required.

examination dates:
july (deadline: march 15; late deadline: april 15)

application/admission fees:
$500.00 (if filed before march 15); $600.00 (if filed before april 15

other state bar requirements:

1. minimum age: 21

2. applicant must be a person of good moral character as vouched for by a member of the delaware bar who has practiced in the delaware courts for at least ten years.

3. graduate from an accredited college or university as determined by the board.

4. graduate of an aba-accredited law school at the time of graduation.

5. completion of a clerkship under the guidance of a delaware attorney aggregating substantially full-time service for at least five months' duration in the state of delaware. this rule applies to everyone seeking admission to the delaware bar.

6. applicant must have satisfactorily attended a pre-admission session of instruction called by the court or by the board upon such subjects as the court or the board shall determine to be appropriate instruction for those seeking admission to the bar.

7. required annual fees:

admitted to the delaware bar more than 10 years as of january 1, 2003: $405.00
admitted to the delaware bar more than 5 years but less than 10 years as of january 1, 2003: $285.00
admitted to the delaware bar less than 5 years as of january 1, 2003: $210.00
presently employed by government or corporation on a full-time basis and maintaining no private practice whatsoever, regardless of year admitted to the delaware bar: $190.00
presently employed by a delaware court as a justice of the peace, court commissioner, or master on a full-time basis and maintaining no private practice whatsoever, regardless of year admitted to the delaware bar: $45.00
inactive: $75.00
retired: $0.00

regulation of in-house counsel:

delaware rules do not directly address in-house counsel, unless the attorney is admitted to the delaware bar (see “required annual fees,” above).

the preliminary report of the permanent advisory committee on the delaware lawyers' rules of professional conduct recommends that rule 5.5. of the delaware rules of professional conduct be revised to permit in-house counsel and government attorneys to practice in delaware in a limited capacity on behalf of their employers without becoming admitted to the delaware bar.

bar association status:

[ ] mandatory

[x] voluntary

annual dues: annual dues vary, depending upon years in practice.

specialty certification

approved areas of specialization:

• accounting professional liability
• business bankruptcy
• civil trial advocacy
• consumer bankruptcy
• creditors’ rights
• criminal law trial advocacy
• elder law
• estate planning law
• family law trial advocacy
• legal professional liability
• medical professional liability