Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified.

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16-16-23. Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified.

Except as otherwise hereinafter specifically stated, certification pursuant to §16-16-21 shall be issued only if the applicant satisfactorily passes the examination for which provision is made in §§16-16-9 and 16-16-10. If, however, such court is satisfied from the proof submitted and from such independent investigation as may be made by the court that the applicant is manifestly qualified to practice law in this state, the court may, in its discretion, issue such certification without such examination. In determining whether or not the court shall certify the applicant without requiring examination the court shall take into consideration such factors as it may deem pertinent, such as the extent of the applicant's experience and practice of law; his past success in the profession; his demonstrated proficiency therein; the character of his business or professional work other than practice of law; and the extent, if at all, to which such other business or professional work has related to legal problems. If an applicant for certification pursuant to §16-16-21 is required to take such examination and fails three times to pass the same, he may not be permitted to take another examination except by permission of the Supreme Court.

Source: Supreme Court Rule, Order No. 1, 1960.


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