Facing the Klieg Lights: Understanding the "Good Moral Character"
Facing the Klieg Lights: Understanding the "Good Moral Character"
Facing the Klieg Lights: Understanding the "Good Moral Character"
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270 AKRON LAW REVIEW [40:255<br />
regulation is <strong>the</strong> principal means of enforcement. Both systems<br />
absolutely depend on <strong>the</strong> individual to moderate his or her own activity<br />
to conform to <strong>the</strong> rules. Due to <strong>the</strong> sheer number of persons engaged<br />
in driving and law practice, <strong>the</strong> authorities—whe<strong>the</strong>r state troopers or<br />
members of <strong>the</strong> state bar—cannot possibly observe and regulate <strong>the</strong><br />
conduct of every individual. 162<br />
The bar metes out punishment slowly. 163 Professor Michael S.<br />
Frisch, former senior assistant bar counsel to <strong>the</strong> D.C. Court of Appeals,<br />
believes that <strong>the</strong> bar has not effectively policed members. 164 This is a<br />
problem because post-admission problems necessarily mean public harm<br />
has already occurred. 165 Limited prosecutorial resources lead to lengthy<br />
delays in prosecution. 166 The “protracted delay from <strong>the</strong> commission of<br />
professional misconduct to <strong>the</strong> ultimate imposition of sanction” 167 means<br />
that even cases involving consent agreements go unresolved for years. 168<br />
Flaws in <strong>the</strong> lawyer discipline system justify closely examining<br />
applicants and even denying admission for applicants who have not<br />
committed a disbarrable offense. 169 Yet, this lack of adequate lawyer<br />
162. Carol Rice Andrews, Highway 101: Lessons In Legal Ethics That We Can Learn On The<br />
Road, 15 GEO. J. LEGAL ETHICS 95, 97 (2001).<br />
163. But see Stephanie Francis Ward, Voices of Reason: State Bar Attorney-Client Assistance<br />
Programs Smooth Ruffled Fea<strong>the</strong>rs, Reduce Formal Complaints, ABA JOURNAL, Mar. 2006, at 48,<br />
48-51 (noting that “state bars that have adopted [consumer-assistance] programs . . . report that <strong>the</strong>y<br />
are able to resolve complaints much faster than before”); see also Mary S. Diemer, D.C. Bar<br />
Committee Reviews Disciplinary Rules, ABA’S LITIGATION NEWS, July 2006, at 6 (noting that a<br />
D.C. committee “recommends new rules increasing <strong>the</strong> number of complaints resolved through<br />
consent agreements.”).<br />
164. Michael S. Frisch, No Stone Left Unturned: The Failure Of Attorney Self-Regulation In<br />
The District of Columbia, 18 GEO. J. LEGAL ETHICS 325, 347 (2005) (“The reader might wonder<br />
what an attorney must do—beyond taking <strong>the</strong> clients’ money, causing <strong>the</strong> client’s wages to be<br />
garnished, and filing a fraudulent lawsuit after being fired—in order to get <strong>the</strong> Board to recommend<br />
that <strong>the</strong> attorney be disbarred.”).<br />
165. Id. at 352 (“When an attorney has engaged in misconduct meriting lengthy suspension or<br />
disbarment, <strong>the</strong>re often is a pattern of behavior that is undiscovered for years.”).<br />
166. See id. at 336.<br />
167. Id. at 360 (“The problem of systemic delay stands apart . . . . Justice delayed is justice<br />
denied, particularly in a system that allows <strong>the</strong> accused attorney to practice during <strong>the</strong> entire period<br />
when original charges are pending. Episodes of egregious delay are legion. . . . In In re Banks, <strong>the</strong><br />
Board noted that <strong>the</strong> hearing committee had rendered its report five-and-one-half years after <strong>the</strong> last<br />
hearing date.”) (footnotes omitted).<br />
168. Id. at 361 (“In re Slaughter is a particularly notable example of disgraceful delay. The<br />
attorney was reported by his firm for lying and falsification of documents to benefit himself<br />
financially to <strong>the</strong> detriment of his firm. He invoked his Fifth Amendment right and did not offer<br />
testimony to contradict <strong>the</strong> allegations. The hearing committee pondered <strong>the</strong> unchallenged evidence<br />
for over three years before rendering its report.”) (footnotes omitted); but see Diemer, supra note<br />
163 (noting proposals aimed at resolving bar discipline issues quicker).<br />
169. George L. Blum, Annotation, Falsehoods, Misrepresentations Impersonations, and O<strong>the</strong>r<br />
Irresponsible Conduct as Bearing on Requisite <strong>Good</strong> <strong>Moral</strong> Character for Admission to Bar –