# SCR 40.15: SCR 40.15. Attorney's oath

> Wisconsin · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_15

## Section

- **Citation:** SCR 40.15
- **Heading:** SCR 40.15. Attorney's oath
- **Jurisdiction:** Wisconsin
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wisconsin Supreme Court Rules / SCR Chapter 40 - Admission to the Bar / SCR 40.15

## Text

Attorney's oath.
The oath or affirmation to be taken to qualify for admission to
the practice of law shall be in substantially the following form:

I will support the constitution of the United States and the
constitution of the state of Wisconsin;

I will maintain the respect due to courts of justice and judicial
officers;

I will not counsel or maintain any suit or proceeding which shall
appear to me to be unjust, or any defense, except such as I believe to be
honestly debatable under the law of the land;

I will employ, for the purpose of maintaining the causes
confided to me, such means only as are consistent with truth and honor,
and will never seek to mislead the judge or jury by any artifice or false
statement of fact or law;

I will maintain the confidence and preserve inviolate the secrets
of my client and will accept no compensation in connection with my
client's business except from my client or with my client's knowledge
and approval;

I will abstain from all offensive personality and advance no fact
prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which I am charged;

I will never reject, from any consideration personal to myself,
the cause of the defenseless or oppressed, or delay any person's cause

for lucre or malice. So help me God.

Amended December 29, 1980, and February 17, 1981; July 1, 1986; September 1, 1988;
January 1, 1990; January 1, 1991; May 13, 1991; October 21, 1991; May 7, 1992; December 10,
1992; December 16, 1992; June 14, 1993; December 8, 1993, June 1, 1995, June 5, 1995; November
3, 1995; June 4, 1998; July 28, 1998; April 10, 2001; January 1, 2009; June 1, 2009; June 8, 2011;
September 22, 2011; December 1, 2012; April 19, 2013; July 1, 2017, September 27, 2017, March
25, 2019; June 18, 2019; January 2, 2020; April 26, 2022; March 24, 2026.
1991; May 7, 1992; December 10,
1992; December 16, 1992; June 14, 1993; December 8, 1993, June 1, 1995, June 5, 1995; November
3, 1995; June 4, 1998; July 28, 1998; April 10, 2001; January 1, 2009; June 1, 2009; June 8, 2011;
September 22, 2011; December 1, 2012; April 19, 2013; July 1, 2017, September 27, 2017, March
25, 2019; June 18, 2019; January 2, 2020; April 26, 2022; March 24, 2026.

APPENDIX

Rules of the Board of Bar Examiners

LEGAL COMPETENCE REQUIREMENT:
BAR EXAMINATION

BA 4.01

[Repealed.]

BA 4.02

Accommodations. Testing accommodation requests must be
received in writing no later than December 1 for the February
examination and May 1 for the July examination. The Board may deny
requests that are not in writing or that are filed after the deadline.

BA 4.03

(a) Except as provided in SCR 40.04(10)(b), the Board
authorizes its staff to close any bar examination application that
remains incomplete six months following the date on which the letter
notifying the applicant of his or her passing score is mailed from the
Board office.

(b) Staff closure of a file is appealable to the Board.

LEGAL COMPETENCE REQUIREMENT: PROOF OF PRACTICE

BA 5.01

(a) The Board authorizes its staff to close any application for
admission on proof of practice elsewhere that remains incomplete one
year following the date the application was filed with the Board.
cant of his or her passing score is mailed from the
Board office.

(b) Staff closure of a file is appealable to the Board.

LEGAL COMPETENCE REQUIREMENT: PROOF OF PRACTICE

BA 5.01

(a) The Board authorizes its staff to close any application for
admission on proof of practice elsewhere that remains incomplete one
year following the date the application was filed with the Board.

(b) Staff closure of a file is appealable to the Board.

REQUIREMENT AS TO CHARACTER AND FITNESS TO

PRACTICE LAW

PREAMBLE

These rules are adopted in furtherance of SCR 40.06(1), (3),
(3m) and SCR 40.07.

BA 6.01

Standard of Character and Fitness. A lawyer should be one
whose record of conduct justifies the trust of clients, adversaries, courts
and others with respect to the professional duties owed to them. A
record manifesting a deficiency in the honesty, diligence or reliability
of an applicant may constitute a basis for denial of admission. The
Supreme Court Rules place on the applicant the burden of producing
information sufficient to affirmatively demonstrate the character and
fitness appropriate for bar admission.

BA 6.02

Relevant Conduct or Condition. The revelation or discovery of
any of the following should be treated as cause for further inquiry
before the Board decides whether the applicant possesses the character
and fitness to practice law:

(a) unlawful conduct

(b) academic misconduct

(c) false statements by the applicant, including concealment or
nondisclosure

(d) acts involving dishonesty or misrepresentation

(e) abuse of legal process

(f) neglect of financial responsibilities

(g) neglect of professional obligations

(h) violation of an order of a court

(i) evidence of conduct due to mental or emotional impairments
substantial enough to affect the applicant's ability to practice law

(j) evidence of conduct due to drug or alcohol dependency
olving dishonesty or misrepresentation

(e) abuse of legal process

(f) neglect of financial responsibilities

(g) neglect of professional obligations

(h) violation of an order of a court

(i) evidence of conduct due to mental or emotional impairments
substantial enough to affect the applicant's ability to practice law

(j) evidence of conduct due to drug or alcohol dependency

(k) denial of admission to the bar in another jurisdiction on
character and fitness grounds

(l) disciplinary action by a lawyer disciplinary agency or other
professional disciplinary agency of any jurisdiction

BA 6.03

Use of Information. The Board will determine whether the
present character and fitness of an applicant qualifies the applicant for
admission. In making this determination through the processes
described above, the following factors should be considered in
assigning weight and significance to prior conduct:

(a) the applicant's age at the time of the conduct

(b) the recency of the conduct

(c) the reliability of the information concerning the conduct

(d) the seriousness of the conduct

(e) the mitigating or aggravating circumstances

(f) the evidence of rehabilitation

(g) the applicant's candor in the admissions process

(h) the materiality of any omissions or misrepresentations

(i) the number of incidents revealing deficiencies

BA 6.04

Notice of an at-risk application. If the Board determines that an
application is at risk of being denied, the Board shall notify the
applicant of its determination in writing. The notice shall state the
reasons for the possible denial, describe the applicant's right to seek a
hearing, advise the applicant of the deadline for requesting a hearing
and including a copy of the Board's hearing procedures.

BA 6.045
ication. If the Board determines that an
application is at risk of being denied, the Board shall notify the
applicant of its determination in writing. The notice shall state the
reasons for the possible denial, describe the applicant's right to seek a
hearing, advise the applicant of the deadline for requesting a hearing
and including a copy of the Board's hearing procedures.

BA 6.045

(a) At the time of mailing of the notice of an at-risk application,
the Board shall provide the applicant with copies of all materials that
were reviewed by the Board in making its decision. Thereafter, while
the application is under review, the applicant may review all materials
in the applicant's file during the Board's business hours, and may obtain
copies thereof at a cost of no more than twenty-five cents per page.

(b) Materials solicited by the Board before October 1, 2008
under an unconditional promise of confidentiality are not subject to
review by the applicant under sub. (a) and will not be considered by the
Board.

BA 6.05

Diploma Privilege. An applicant for admission under diploma
privilege shall file an application for a character and fitness
certification with the Board. The Board shall establish that the
applicant has the qualities of character and fitness needed to practice
law and, following certification from the dean of competence under
SCR 40.03, shall certify to the Supreme Court the qualifying applicants
for admission.

BA 6.06

(a) The Board authorizes its staff to close any application for a
character and fitness certification that remains incomplete one year
following the date the application was filed with the Board.
s needed to practice
law and, following certification from the dean of competence under
SCR 40.03, shall certify to the Supreme Court the qualifying applicants
for admission.

BA 6.06

(a) The Board authorizes its staff to close any application for a
character and fitness certification that remains incomplete one year
following the date the application was filed with the Board.

(b) Staff closure of a file is appealable to the Board.

WAIVER OF REQUIREMENTS

BA 10.01

The Board may waive any of the requirements of this Appendix
in exceptional cases for good cause. An application and the filing fee
appropriate to the rule must accompany the request for waiver. One-
half of the filing fee will be refunded if the waiver is denied.

APPLICATION; FEES

BA 14.01

Applications and supporting documentation must be submitted
in original form. The Board will not accept facsimile transmissions in
satisfaction of its filing requirements.

BA 14.02

An application for bar admission, or for a character and fitness
certification pursuant to SCR 40.06(3m), will not be filed unless:
(a) It is accompanied by a signed and notarized authorization
and release form; and
(b) It is accompanied by the applicable filing fees.

BA 14.025

Handwritten applications will not be accepted.

BA 14.03

Continuing
application.

Applications
are
continuing
applications during their pendency. Applicants are required to notify
the Board in writing of any changes with respect to the information
elicited by the application, and each application must be amended to
reflect the facts throughout the entire time that the application is
pending, including the date on which the applicant is admitted to

practice in Wisconsin.

BA 14.04

Application deadline.
their pendency. Applicants are required to notify
the Board in writing of any changes with respect to the information
elicited by the application, and each application must be amended to
reflect the facts throughout the entire time that the application is
pending, including the date on which the applicant is admitted to

practice in Wisconsin.

BA 14.04

Application deadline.

(a) Applicants for bar admission on the diploma privilege shall
file an application for a character and fitness certification with the
Board between the time the student has completed a minimum of 50
credit hours and a predetermined date after the J.D. is conferred
(February 1 for December graduates; July 1 for May graduates;
October 1 for August graduates).

(b) Notwithstanding subsection (a), applicants otherwise eligible
for admission on the diploma privilege may apply by December 31 of
the year following their graduation from law school if by that date they
document that they have passed a bar examination, and have been
admitted to practice, in another US state, territory, or the District of
Columbia.

(c) Applicants who miss the filing deadline in subsection (a)
may forfeit their chance to be admitted under the diploma privilege.

BA 14.05

Late fees: diploma privilege. A late fee will be assessed to the
following applicants for bar admission on the diploma privilege: May
graduates who have not filed an application by the preceding
December 15; August graduates who have not filed an application by
the preceding March 15; and December graduates who have not filed
an application by the preceding July 15.

BOARD MEETINGS

BA 15.01

As an agency of the Supreme Court, the Board is not subject to
Subchapter V of Chapter 19 of the Wisconsin Statutes, relating to open
meetings of governmental bodies. However, the Board posts the dates,
locations and agendas of its meetings in its Internet web site and invites
the public to attend its meetings
filed
an application by the preceding July 15.

BOARD MEETINGS

BA 15.01

As an agency of the Supreme Court, the Board is not subject to
Subchapter V of Chapter 19 of the Wisconsin Statutes, relating to open
meetings of governmental bodies. However, the Board posts the dates,
locations and agendas of its meetings in its Internet web site and invites
the public to attend its meetings. Members of the public are not
allowed to attend meetings or parts of meetings that involve
confidential matters. Examples of confidential matters include (i)
individuals' applications for admission to the Wisconsin bar, (ii)
hearings on admission applications and (iii) bar examination questions.

PROCEDURES FOR HEARINGS BEFORE THE BOARD

BA 16.01

Application. These rules govern all hearings before the Board of
Bar Examiners.

BA 16.02

Notice of an at-risk application. Before declining to certify an
applicant's satisfaction of requirements under this chapter, the board
shall notify the applicant in writing of the basis for its determination
that the application is at risk of being denied and, except as to failure of
the bar examination under SCR 40.04, the applicant shall have the
opportunity to respond in writing within thirty days of the mailing of
notification of the board's decision to the applicant at the last address
furnished by the applicant in writing to the board.

BA 16.03

The Board shall grant a hearing to any applicant who has
received a notice under SCR 40.08(1).

BA 16.04

Request for Hearing. Applicants must make their requests for a
hearing in writing within 30 days after the mailing of the notice under
SCR 40.08(1).

BA 16.05

Review of records. Applicants who have received a notice under
SCR 40.08(1) may, while the application is pending, review, personally
or by counsel, all materials in the applicant's files, including any staff
recommendations
Request for Hearing. Applicants must make their requests for a
hearing in writing within 30 days after the mailing of the notice under
SCR 40.08(1).

BA 16.05

Review of records. Applicants who have received a notice under
SCR 40.08(1) may, while the application is pending, review, personally
or by counsel, all materials in the applicant's files, including any staff
recommendations. Upon written request, the Board will transmit
copies of these materials to the applicant or the applicant's counsel at a
cost not to exceed twenty-five cents per page. Materials solicited by
the Board before October 1, 2008 under an unconditional promise of
confidentiality are not subject to review by the applicant.

BA 16.06

Pre-hearing conference. Within 30 days after receiving an
applicant's Request for Hearing, the Board Chair or the Chair's

designee shall confer in person or by telephone with the applicant or
the applicant's counsel to set a hearing date, clarify the issues,
determine whether the applicant will stipulate to any material facts,
consider any limitations on the number of witnesses, the length of the
hearing and such other matters as may aid the Board in its
determination. Promptly after this pre-hearing conference, the Chair or
the Chair's designee shall prepare a memorandum for the record which
summarizes all actions taken at the conference. The memorandum
shall control the subsequent course of action, unless modified at the
hearing to prevent manifest injustice.

BA 16.065

Hearing. An applicant who has timely requested a hearing under
SCR 40.08(2) shall have the right to appear in person and with counsel,
to make an opening statement, to call, examine, and cross-examine
witnesses, and to offer evidence into the record.

BA 16.07

Hearing record
the subsequent course of action, unless modified at the
hearing to prevent manifest injustice.

BA 16.065

Hearing. An applicant who has timely requested a hearing under
SCR 40.08(2) shall have the right to appear in person and with counsel,
to make an opening statement, to call, examine, and cross-examine
witnesses, and to offer evidence into the record.

BA 16.07

Hearing record. The hearing record shall include evidence
received or considered, stipulations and admissions, a statement of
matters officially noticed, questions and offers of proof, objections and
rulings thereon, any proposed findings or decisions and exceptions, and
any decision, opinion or report by the Board.

BA 16.08

Counsel. An applicant shall be entitled to be represented by
counsel at hearing at the applicant's expense, provided a notice of
appearance is filed at or before the hearing.

BA 16.09

Record of proceedings. A stenographic, electronic or other
record of oral proceedings shall be made. If the board obtains a
transcript of proceedings, it shall, upon request, provide the applicant
with a copy at a cost not to exceed twenty-five cents per page.

BA 16.10
Presiding officer. The Board Chair or the Chair's designee shall
preside at hearing, and shall rule on motions, objections and any other

matters that arise.

BA 16.11
Rules of evidence. The Board is not bound by common law or
statutory rules of evidence.

BA 16.12
Hearing record. The applicant and any member of the Board
may move that portions of the applicant's file be received in evidence.
All evidence received at the hearing shall be made a part of the hearing
record. The applicant shall be afforded adequate opportunity to rebut
or offer countervailing evidence.

BA 16.13
Official notice
common law or
statutory rules of evidence.

BA 16.12
Hearing record. The applicant and any member of the Board
may move that portions of the applicant's file be received in evidence.
All evidence received at the hearing shall be made a part of the hearing
record. The applicant shall be afforded adequate opportunity to rebut
or offer countervailing evidence.

BA 16.13
Official notice. The Board may take official notice of any
generally recognized fact or any established technical or scientific fact,
but the applicant shall be notified either before or during the hearing of
the facts so noticed, and shall be afforded an opportunity to contest the
validity of the official notice.

BA 16.14
Documents. Documentary evidence may be received in the form
of copies or excerpts if the original is not readily available.

BA 16.15
Testimony. Witnesses may be heard in person, or their
testimony may be received in the form of affidavits or deposition
transcripts. As a general practice, examinations and cross-
examinations of witnesses shall be made by the members of the Board.
Applicants or their counsel may cross-examine adverse witnesses.

BA 16.16
Record may remain open. The Chair or the Chair's designee may
allow the record of the hearing to remain open for a limited period of
time, which shall be specified, to give the applicant an opportunity to
submit additional written materials.

BA 16.17
Determination. The Board shall make its determination by
.
Applicants or their counsel may cross-examine adverse witnesses.

BA 16.16
Record may remain open. The Chair or the Chair's designee may
allow the record of the hearing to remain open for a limited period of
time, which shall be specified, to give the applicant an opportunity to
submit additional written materials.

BA 16.17
Determination. The Board shall make its determination by

majority vote of the members present and voting, in person or by
telephone. The Board may make its determination following the
hearing. Otherwise, the Board shall make its determination no later
than at the regularly scheduled meeting next following the date set
under Rule 16, unless it decided by majority vote to hold the record
open for additional written or oral evidence.

BA 16.18
If the determination is adverse to the applicant, the Board Chair
or the Chair's designee shall within sixty days, incorporate the Board's
determination in a written decision, which shall include findings of fact
and conclusions of law, and shall promptly circulate the decision
among all members of the Board. After the decision is circulated,
dissenting board members shall have twenty-one days in which to
transmit written dissents to the director.

BA 16.19
Transmission of decision. The director shall transmit the Board's
decision, together with any written dissents, to the applicant or the
applicant's counsel within ten days after completion of the steps set out
in Rule 18.

BA 16.20
Review by board. An applicant may seek review of an adverse
determination by filing a written request with the board within 30 days
of the mailing of the adverse determination. A request for review shall
be granted only on the basis of a material error of law or fact, or the
discovery of new evidence sufficiently strong to reverse the adverse
determination
set out
in Rule 18.

BA 16.20
Review by board. An applicant may seek review of an adverse
determination by filing a written request with the board within 30 days
of the mailing of the adverse determination. A request for review shall
be granted only on the basis of a material error of law or fact, or the
discovery of new evidence sufficiently strong to reverse the adverse
determination. The board shall notify the applicant of its determination
by mailing a copy to the applicant at the last address furnished by the
applicant in writing to the board. The board’s decision shall contain a
statement identifying the date of mailing.

BA 16.21
Confidentiality. The hearing shall be closed and written
materials including the board's preliminary and final determinations,
shall be confidential and shall be disclosed only to the applicant and
the applicant's counsel.

Amended December 12, 1991; December 8, 1994; August 24, 1995; November 3, 1995;
January 21, 1997; August 22, 2002; August 17, 2004; April 6, 2005; January 17, 2008; May 1, 2009;
March 1, 2011; December 1, 2019; March 24, 2026

## Nearby sections

- [SCR 40.01 SCR 40.01. Definitions; list of law schools](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_01.md)
- [SCR 40.02 SCR 40.02. Qualifications generally](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_02.md)
- [SCR 40.03 SCR 40.03. Legal competence requirement: Diploma](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_03.md)
- [SCR 40.05 SCR 40.05. Legal competence requirement: Proof of practice](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_05.md)
- [SCR 40.06 SCR 40.06. Requirement as to character and fitness to](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_06.md)
- [SCR 40.07 SCR 40.07. Proof of qualifications](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_07.md)
- [SCR 40.08 SCR 40.08. Adverse determination](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_08.md)
- [SCR 40.09 SCR 40.09. Deadline for admission](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_09.md)
- [SCR 40.10 SCR 40.10. Waiver of requirements](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_10.md)
- [SCR 40.11 SCR 40.11. Rulemaking authority](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_11.md)
- [SCR 40.12 SCR 40.12. Confidentiality](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_12.md)
- [SCR 40.13 SCR 40.13. Delegation](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_13.md)
- [SCR 40.14 SCR 40.14. Application; fees](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_14.md)
- [SCR 40.15 SCR 40.15. Attorney's oath](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_15.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR40_R40_15. Check the current official text before relying on it. Not legal advice.
