Legal competence requirement: Proof of practice

(1) An applicant shall satisfy the legal competence requirement by presenting to the clerk certification of the board that the applicant has provided all of the following: (a) Proof of admission to practice law by a court of last resort in any other state or territory or the District of Columbia. (b) Proof that the applicant has been substantially engaged in the practice of law in a state or territory, the federal government, the District of Columbia, or a federally recognized Indian tribe for 3 years within the last 5 years prior to filing application for admission. A lawyer may satisfy this requirement by proof of practice in more than a single jurisdiction and under more than one provision of this rule. (c) Repealed. 214 (1m) Repealed. (2) Legal service as corporate counsel or legal service as a trust officer, or lawfully before the courts or administrative agencies of a state or territory, the federal government, the District of Columbia, or a federally recognized Indian tribe, if conducted in compliance with the rules where the applicant was admitted to practice law, is the practice of law for the purposes of this section. (2m) Legal service as corporate counsel in Wisconsin under SCR 10.03(4)(f) is the practice of law for the purposes of sub. (1)(b). Provided a timely registration is filed, all such service conducted prior to filing the registration may be counted for purposes of sub. (1)(b). (3) The following activities, whether or not conducted in a state or territory, the federal government or the District of Columbia where the applicant was admitted to practice law, may be deemed to be the practice of law for the purposes of sub. (1)(b): (a) Service as a judge of a court of record of the United States, any state or territory or the District of Columbia. (b) Legal service with any local or state government or with the federal government. (c) Legal service in the armed forces of the United States. (d) Teaching in any law school approved by the American bar association. (e) Legal service in any federally recognized Indian tribe. (f) Service as a judge for any federally recognized Indian tribe. (4) An applicant who has failed the Wisconsin bar examination shall not be eligible for admission on proof of practice elsewhere. (6) Repealed. COMMENT Supreme Court Rule 40.05 was amended by S. Ct. Order 16-09, 2017 WI 88 (issued Sep. 27, 2017, eff. Sep. 27, 2017) to broadly include, for purposes of this rule, legal practice associated with federally recognized Indian tribes. The amendment encompasses and is not limited to: counsel employed by a federally recognized Indian tribe; and counsel who are not necessarily employed by a tribe but represent tribal members, practice lawfully before tribal courts, or serve as a judge for a federally recognized Indian tribe.