understanding the bar admission form and the moral ... · and fitness screening…is the protection...

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Understanding the Bar Admission Form and

the Moral Character and Fitness ApplicationSponsored by the Law Student Division, the Center for Professional Responsibility,

and the Young Lawyers Division


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Today’s Faculty

Meredith Small, Harvard Law School, Cambridge, MA (Moderator)

Dennis Rendleman, Ethics Counsel, American Bar Association,

Chicago, IL

Tom Clancy, Secretary, Illinois Board of Admissions to the Bar,

Evanston, IL


Comprehensive Guide to Bar Admissions

www.ncbex.org/publications/bar-admissions-guide/


Bar Admission/Character and Fitness Links

• National Conference of Bar Examiners

Character and Fitness Service

www.ncbex.org/character-and-fitness

• NCBE Character and Fitness Application

www.ncbex.org/dmsdocument/134

• State Specific Character and Fitness Application

(check www.ncbex.org and/or state supreme

court home page)


ABA/NCBE Model Code of Recommended

Standards for Bar Examiners

• Standard 7—”The primary purpose of character

and fitness screening…is the protection of the

public and the system of justice.

• Standard 9—”Character and fitness standards

should be articulated and published by each bar

examining authority….”




• Standard 12—”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 significant deficiency in the

honesty, trustworthiness, diligence, or reliability

of an applicant may constitute a basis for denial

of admission.




Standard 13. Relevant Conduct

• unlawful conduct

• academic misconduct

• making of false statements, including omissions

• misconduct in employment

• acts involving dishonesty, fraud, deceit, or

misrepresentation

• abuse of legal process

• neglect of professional obligations




Standard 13. Relevant Conduct (cont.)

• violation of an order of a court

• evidence of mental or emotional instability

• evidence of drug or alcohol dependency

• denial of admission to the bar in another

jurisdiction on character and fitness grounds

• disciplinary action by a lawyer disciplinary

agency or other professional disciplinary agency

of any jurisdiction

• neglect of financial responsibilities


Character and Fitness Critique

“The Folly of Expecting Evil: Reconsidering the

Bar’s Character and Fitness Requirement”,

Leslie C. Levin, Professor of Law

University of Connecticut School of Law

http://digitalcommons.law.byu.edu/cgi/viewcontent.

cgi?article=2935&context=lawreview


Anomalous Decisions

Jarrett v. Bd. of Bar Exam’r, 2016 WI 39.

Jarrett had inflated three grades from B- to B and

embellished other aspects of resume on a summer

job application and neglected to disclose certain

out-of-state traffic citations. Wisc. S.C. in divided

opinion reversed Board of Admissions and ordered

a “supervised” admission based upon Jarrett’s

cooperation, evidence of rehabilitation and post-

graduation conduct.


Anomalous Decisions

In re Application of Brown, No. 33, 2016 BL

275328 (Md. Aug. 24, 2016)

Brown failed to disclose prior felony theft charge

and inflated her GPA on her resume during her

final law school semester. She had also displayed

previous financial irresponsibility regarding credit

card debt. Court reversed Board’s 4-3

recommendation for Brown’s admission and

denied admission.


Cases that Worry Me:

• In re Anonymous, 67 A.D.3d 1248 (N.Y., 2009)

a/k/a Robert Bowman

• Application of G.W. No. ADM-2009-024

New Hampshire

• In re Application of Kline, 877 N.E.2d 654 (Ohio

2007)

• In re Application of Griffin, 943 N.E.2d 1008

(Ohio, 2011)


Law School Admission

• www.lsac.org/docs/default-source/jd-docs/rules-

misconduct-irregularities.pdf


Law School Admission

• “When Character and Fitness Disclosures

Collide: The Dilemma of Inconsistent Law

School and Bar Admission Applications”

www.americanbar.org/content/dam/aba/administra

tive/professional_responsibility/20120628_tpl_21_

2.authcheckdam.pdf


Two Commandments

1. Don’t lie.

2. If you did, don’t deny it; display abject regret

and sincere shame.


Tom Clancy, Secretary, Illinois Board of Admissions to the Bar


Questions?


Upcoming FREE Ethic Series Webinars

Sign-up at abaforlawstudents.com/events:

• Nov. 15 @ 1 PM ET - Ethics & Technology

• March 3 @ 1 PM ET - Steering Clear of Lawyer Discipline

• April 6 @ 1 PM ET - Parameters of “Practice” for Law

Students & Not Yet Licensed Graduates

understanding the bar admission form and the moral ... · and fitness screening…is the protection...

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