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,
the applicant is 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, the conduct's
recency and seriousness, the circumstances of the conduct 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.
Also, 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.