Character and Fitness
Because law is a public profession, which carries with it the potential for inflicting a substantial degree of harm, an applicant's character and fitness to practice law must be established as a prerequisite to licensure. As a result, when you apply to the bar, you are required to provide relevant detailed background information, which is carefully evaluated by bar examiners. Any information that reflects adversely upon the character or fitness of an applicant may be treated as cause for further investigation. Such background information includes events that occurred before and during law school. Examples of relevant background information include the following:
- Educational background
- Any disciplinary actions while enrolled in any school
- Employment history
- Misconduct or charges of dishonesty during employment
- Employment discharge
- Involvement in any civil, quasi-criminal or criminal proceedings
- Neglect of financial responsibilities
- Motor vehicle violations
- Any discharge from armed services other than honorable
- Acts involving dishonesty, fraud, deceit or misrepresentation
- Making false statements or omissions
- Violation of court order
In evaluating information obtained about an applicant, the bar examiners typically consider various factors in assigning weight and significance to that individual's prior conduct. These may include factors such as reliability of the information, age at the time the conduct occurred, how recent or serious the conduct was, the circumstances under which the conduct occurred and its underlying factors, evidence of rehabilitation, the applicant's candor, positive social contributions made by the applicant since the conduct, and the materiality of any omissions or misrepresentations.
Bar examiners in some jurisdictions also specifically address mental health and chemical or psychological dependency matters which, if untreated, could affect an applicant's ability to properly fulfill any of a practicing lawyer's responsibilities in a professional, competent manner. As a result, information concerning psychological or emotional instability and existing and untreated substance dependency may be required and explored. The mere fact of treatment of such difficulties is generally not, in itself, a basis for denial of admission, as licensure often occurs in such situations when individuals demonstrate personal responsibility and maturity in dealing with and resolving such issues. Usually, applicants who could benefit from proper treatment or counseling are encouraged to seek such assistance.
Significantly, failure to disclose relevant information may have more detrimental consequences than would have resulted from proper disclosure of the underlying matter. Consequently, answering all questions completely and honestly is extremely important, as is updating such information, should additional relevant events occur.
More detailed information about the character and fitness determinations conducted by various jurisdictions can be obtained in the Comprehensive Guide to Bar Admissions, which is published by the National Conference of Bar Examiners, or by contacting a given jurisdiction directly. Addresses for the individual boards of bar examiners can be found at www.ncbex.org or www.barexam.org.
