Legal Definitions - character and fitness

The term character and fitness refers to a mandatory evaluation process that all aspiring lawyers must undergo before they can be licensed to practice law in the United States. This rigorous assessment is designed to protect the public by ensuring that individuals admitted to the legal profession possess the honesty, integrity, trustworthiness, and responsibility necessary to represent clients and uphold the rule of law. It acts as a crucial gatekeeping mechanism, scrutinizing a candidate's entire background to determine if they meet the high ethical and professional standards expected of attorneys.

During this evaluation, candidates are required to provide extensive personal information, including their academic history (noting any disciplinary actions), employment record, residential history, financial standing (such as debt or bankruptcy), and any involvement in civil or criminal legal matters. They typically must also provide references who can attest to their moral character. Bar admissions boards review this information thoroughly, often comparing it against disclosures made during law school applications to check for consistency and honesty. In some cases, candidates may also be required to attend an interview to discuss aspects of their background in more detail.

• Example 1: Undisclosed Academic Misconduct

  An applicant for bar admission was found to have plagiarized a paper during their undergraduate studies, resulting in a disciplinary notation on their academic record. However, they failed to disclose this incident on both their law school application and their subsequent bar application. The bar admissions committee discovered the discrepancy during their background check.

  How this illustrates character and fitness: This scenario directly implicates the applicant's character and fitness because it demonstrates a lack of honesty and integrity. The failure to disclose a past disciplinary action, even if it occurred years ago, is often viewed more seriously than the original offense itself, as it suggests an attempt to conceal information and a potential inability to be truthful, which are fundamental requirements for practicing law.

• Example 2: Pattern of Financial Irresponsibility

  A bar candidate's financial history reveals a pattern of multiple defaulted loans, significant unpaid credit card debt that has gone to collections, and a recent bankruptcy filing, all without a clear plan for resolution or explanation of mitigating circumstances. This information was fully disclosed on their application.

  How this illustrates character and fitness: While not a direct ethical violation, a consistent pattern of severe financial irresponsibility raises concerns about an applicant's character and fitness. It can suggest a lack of judgment, reliability, and an inability to manage personal responsibilities, which could potentially impact their ability to manage client funds or fulfill professional obligations as an attorney. The board would assess whether these issues indicate a broader lack of trustworthiness or responsibility.

• Example 3: Past Minor Criminal Offense with Full Disclosure and Rehabilitation

  During their youth, an applicant was convicted of a misdemeanor for petty theft. On their bar application, they fully disclosed the incident, provided details about the circumstances, expressed remorse, and submitted evidence of community service and consistent law-abiding behavior since the incident, demonstrating significant rehabilitation over many years.

  How this illustrates character and fitness: This example shows how a past legal infraction is evaluated under character and fitness. While a criminal record is a concern, the applicant's full and honest disclosure, along with clear evidence of rehabilitation and a commitment to ethical conduct, are crucial factors. The bar admissions board would weigh the seriousness of the past offense against the applicant's demonstrated honesty, accountability, and current fitness to practice law, often looking for a pattern of behavior rather than an isolated youthful mistake, especially when coupled with genuine remorse and change.