Rhode Island Establishes a Firm Five-Bar-Exam Failure Cap and Creates Supervised Temporary Practice Pending Admission

1. Introduction

In In re Amendments to Article II of the Supreme Court Rules (Admission of Attorneys and Others to Practice Law), the Supreme Court of Rhode Island issued an administrative Order (January 6, 2026) comprehensively amending Article II of its Supreme Court Rules governing admission to practice law.

The amendments address: (i) eligibility requirements for bar admission by examination and by Uniform Bar Examination (UBE) score transfer; (ii) score thresholds and finality of UBE scoring; (iii) filing deadlines and fees; (iv) limits on repeated bar attempts; and (v) multiple pathways for temporary or limited practice (including a newly clarified framework for temporary practice pending admission).

The affected parties include first-time bar applicants, repeat test-takers, experienced attorneys seeking admission in Rhode Island, applicants transferring UBE scores, and out-of-state attorneys seeking temporary/limited authority to practice (e.g., legal services programs, Department of Attorney General special counsel, military-related admissions, and law school clinical supervisors).

2. Summary of the Opinion (Order)

Rule 1 (Admission on Examination): Requires electronic filing via the Rhode Island Supreme Court Attorney Portal; confirms baseline eligibility; and adopts a strict, non-waivable five-exam failure cap (Rhode Island or any combination of U.S. jurisdictions), treating failure to meet the applicable minimum passing score as a “failed bar examination” for cap purposes.
Rule 1A (Uniform Bar Attorney Admission on Examination): Confirms Rhode Island uses the UBE; requires a 270 total scaled score for general UBE admission; makes UBE certification by the NCBE final; and preserves a pathway for attorneys admitted elsewhere for at least five years to take only the essay portion, requiring a scaled score of 135 or higher on that portion.
Rule 1B (Admission on Transferred UBE Score): Permits admission by transferring a UBE score of 270 or higher earned within two years; reiterates electronic filing, Rule 1 qualification requirements, and finality of NCBE-certified scores.
Rule 2 (Temporary/Limited Admissions): Reorganizes and clarifies several temporary admission categories and reiterates professional-conduct obligations. Most notably, it sets detailed conditions for Temporary Practice Pending Attorney Admission, including supervision, disclosures, insurance requirements, office-size limitations (with a petition mechanism for exceptions), and automatic termination upon failure or after one year.
Rule 3 (Filing Deadlines): Maintains general deadlines for Rule 1 applicants and sets distinct deadlines for applicants proceeding under Rule 2(a)/Rule 1A.
Rule 5 (Fees): Sets the application fee at $975 for admission on examination or by UBE transfer and clarifies separate NCBE character-investigation fees where required.
Rule 9 (Nonresident Attorneys / In-house Counsel): Clarifies pro hac vice filing/fee requirements and reiterates limits tied to prior Rhode Island bar-exam failures for in-house counsel registration.

3. Analysis

3.1. Precedents Cited

The Order does not cite judicial precedents or prior reported decisions. Instead, it functions as a rulemaking instrument within the Court’s inherent authority to regulate admission to the bar and attorney practice in Rhode Island.

3.2. Legal Reasoning

Although the Order is not written as a traditional merits opinion, its structure and specific amendments reveal several regulatory objectives:

Standardization and administrative efficiency: Multiple rules now require electronic filing through the Attorney Portal, increasing uniformity, traceability, and processing efficiency.
Reliance on national testing and character-investigation infrastructure: By specifying the UBE components and treating NCBE-certified scores as “final,” the Court reduces local regrading disputes and anchors scoring/character vetting to national systems.
Competence protection through attempt limits: The five-exam failure cap is framed as categorical and non-exemptible (“no special order … will be granted”), reflecting a policy judgment that repeated inability to achieve a passing score—under the rules applicable at the time—should foreclose further attempts, whether by sitting again or by later seeking admission through UBE transfer.
Calibrated lawyer mobility: The rules maintain pathways for experienced lawyers (five years admitted plus recent full-time practice/teaching) to take only the essay portion, reflecting a balance between welcoming experienced attorneys and ensuring Rhode Island–specific evaluative components.
Risk-managed temporary practice: The “practice pending admission” provision expressly requires supervision by a Rhode Island attorney, clear public disclosure, and (for private practice) professional liability insurance, with strict termination triggers (time limit and exam failure). These safeguards aim to reduce consumer harm while allowing limited workforce flexibility.

3.3. Impact

High-stakes consequence for repeat test-takers: The explicit, non-waivable five-failure cap—counting failures across jurisdictions—will likely reshape applicant strategy, including decisions about where and when to sit for the bar and whether to pursue alternative career pathways after multiple unsuccessful attempts.
UBE mobility with firm thresholds: Rhode Island’s reiterated 270 threshold for both examination and transfer, plus the two-year currency requirement for transfers, creates predictability for interstate applicants while maintaining an eligibility gate that may differ from neighboring states.
Expanded practical bridge for laterals: “Temporary Practice Pending Attorney Admission” can reduce disruption for lateraling lawyers relocating to Rhode Island, especially those joining larger firms or the Department of Attorney General, by allowing limited practice during the admissions process—yet with strict supervision and disclosure.
Compliance emphasis: The Order repeatedly ties temporary admissions to Articles III (Disciplinary Procedures), IV (Registration/CLE), and V (Rules of Professional Conduct), signaling heightened enforcement expectations for lawyers practicing under limited authority.
Access-to-justice and public service channels preserved: Temporary admissions for indigent services programs, military-related practice, and clinical supervision remain available but are bounded by time limits, supervision/placement certifications, and disqualification for prior Rhode Island exam failures in several categories.

4. Complex Concepts Simplified

Uniform Bar Examination (UBE): A standardized bar exam used in multiple U.S. jurisdictions. Rhode Island specifies the UBE components (MBE, MEE, and MPT) and uses a single scaled-score threshold.
Score transfer: Instead of retaking the exam in Rhode Island, an applicant may use a qualifying UBE score earned elsewhere—here, 270+—if the score is recent enough (earned within two years of filing).
“Score is final”: The Court will treat the NCBE’s certified score as conclusive, limiting disputes about recalculation or regrading through the Rhode Island process.
Five-exam failure cap: If a person fails bar exams five total times (counting Rhode Island and other jurisdictions), Rhode Island will not allow another attempt or admission through UBE transfer—without exception.
Pro hac vice: A discretionary permission for an out-of-state lawyer to appear in a particular Rhode Island case on a “special and infrequent occasion,” typically through association with local counsel.
In-house counsel registration: Allows an out-of-state licensed lawyer employed by a corporation/entity in Rhode Island to provide legal services to that employer under a registration framework, rather than full bar admission.
Temporary practice pending admission: A limited authorization for certain out-of-state attorneys with a pending Rhode Island admission application to work from a Rhode Island office for up to one year, under supervision and other safeguards, ending immediately if the attorney fails the Rhode Island bar exam.

5. Conclusion

This Order meaningfully recalibrates Rhode Island’s attorney admission framework by (1) adopting a categorical five-exam failure ceiling applicable across jurisdictions, (2) reaffirming UBE-based admission and transfer at a 270 threshold with finality of NCBE-certified scores, and (3) formalizing a tightly supervised lane for temporary practice while an experienced out-of-state attorney’s admission is pending.

In the broader regulatory context, the amendments emphasize predictability, administrative modernization, public protection, and controlled attorney mobility—while signaling that repeated examination failure and inadequate supervision are unacceptable risks in the Court’s bar-admissions ecosystem.