Understanding the Bar Admission Form and the Moral ... · and fitness screening…is the protection...
Transcript of 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
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Comprehensive Guide to Bar Admissions
www.ncbex.org/publications/bar-admissions-guide/
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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)
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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….”
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ABA/NCBE Model Code of Recommended
Standards for Bar Examiners
• 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.
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ABA/NCBE Model Code of Recommended
Standards for Bar Examiners
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
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ABA/NCBE Model Code of Recommended
Standards for Bar Examiners
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
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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
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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.
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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.
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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)
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Law School Admission
• www.lsac.org/docs/default-source/jd-docs/rules-
misconduct-irregularities.pdf
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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
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Two Commandments
1. Don’t lie.
2. If you did, don’t deny it; display abject regret
and sincere shame.
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Tom Clancy, Secretary, Illinois Board of Admissions to the Bar
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Questions?
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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