Facing the Klieg Lights: Understanding the "Good Moral Character"

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CLEMENSFINAL.DOC 3/30/2007 12:51:01 PM 300 AKRON LAW REVIEW [40:255 candor.” 451 Due to the bar’s vast amount of discretion, an applicant should fully disclose, take responsibility, and establish rehabilitation. The bar takes umbrage at ineffective excuses. 452 Dissembling is illadvised, 453 arguing with the bar is far beyond the pale of acceptable conduct, 454 and lack of candor can sink an otherwise approvable application. 455 All correspondence or communication from the bar must be answered politely and precisely. 456 Even a decorated veteran with a blemish-free record and impeccable references 457 can be rejected for failing to answer invasive questioning properly. 458 For example, if admission is the aim, do not argue with bar about whether “whenever the particular government in power becomes destructive of these ends, it is the right of the people to alter or to abolish it and thereupon to establish a new government.” 459 Failure to reveal criminal history on a law school application is a problem. 460 However, some courts have found that prompt correction 451. Id. at § 3 (citing In re J.H.K., 581 So.2d 37 (Fla. 1991); In re L.M.S., 647 So.2d 838 (Fla. 1994)). 452. In re Vanderperren, 661 N.W.2d 27, 30 (Wis. 2003). 453. Blum, supra note 241, § 19 (citing In re Greenberg, 614 P.2d 832, 834-35 (Ariz. 1980)). 454. Id. (citing In re Kapel, 717 N.E.2d 704, 704-05 (Ohio 1999)). 455. Id. (citing In re Carroll, 572 N.E.2d 657, 658 (Ohio 1991)). 456. Blum, supra note 252, §16(b) (citing In re N.W.R., 674 So.2d 729 (Fla. 1996)). Understandably, a bar committee would see an applicant’s failure to diligently pursue admission as raising a concern of potential future misconduct. See Charles M. Kidd & Dennis K. McKinney, Survey Of 1996 Developments In The Law Of Professional Responsibility, 30 IND. L. REV. 1251, 1252 (1997) (“Far and away, the most common misconduct dealt with in disciplinary actions is a lawyer’s failure to exercise reasonable diligence in pursuing matters with which clients entrust them.”). 457. In re Anastaplo, 366 U.S. 82, 109 (Black, J., dissenting) (“The majority opinion even concedes that Anastaplo was correct in urging that the questions asked by the [Bar] Committee impinged upon the freedoms of speech and association guaranteed by the First and Fourteenth Amendments.”). 458. Id. at 111. But see Keeley, supra note 24, at 854 (citing In re Stolar, 401 U.S. 23, 27-28 (1971) (noting that “[t]he Court held that Ohio’s questions that required Stolar to first list the organizations of which he had been a member since the age of sixteen and since joining law school were too broad.”)). 459. Anastaplo, 366 U.S. at 99. But see Konigsberg v. State Bar of Calif., 353 U.S. 252, 273 (1957). A bar composed of lawyers of good character is a worthy objective but it is unnecessary to sacrifice vital freedoms in order to obtain that goal. It is also important both to society and the bar itself that lawyers be unintimidated—free to think, speak, and act as members of an Independent Bar. Stolar, 401 U.S. at 27-28. 460. 7 AM. JUR. 2D Attorneys at Law § 26 (2nd ed. 2006) (citing In re Piro, 613 N.E.2d 201 (Ohio 1993)).
CLEMENSFINAL.DOC 3/30/2007 12:51:01 PM 2007] THE “GOOD MORAL CHARACTER” EXAMINATION 301 allows an applicant to satisfy the character requirement. 461 An applicant with a youthful conviction of bank robbery, omitted in the bar application, gained bar admission after proving full disclosure to law school, a lack of intent to conceal information from the bar, and rehabilitation. 462 Courts may listen sympathetically to the argument that an applicant misread a question if other evidence of candor is present. 463 Admitting to perjurious conduct only because the bar discovered it may not show candor and, where coupled with criminal conduct and perjury occurring immediately before law school, can result in denial. 464 Admitting to misconduct after the bar finds it only shows an end to dishonesty; it does not establish candor. Many cases hold that “false, misleading, or evasive answers to bar application questions may be grounds for a finding of lack of requisite character and fitness.” 465 For example, failure to give the bar information about bankruptcy can show deficient character. 466 Establishing a pattern of lack of candor by misrepresenting the amount of money discharged in bankruptcy, along with other misrepresentations, has also resulted in denial. 467 Misstatements about the suspension of license for failure to pay child support can be fatal to an application. 468 No applicant should ignore the bar’s information requests or respond, as one applicant did: “I leave it up to you guys to accept or reject me.” 469 G. Other Issues Implicating Lack of Good Moral Character Other factors can contribute to the bar’s denial, such as cheating on the bar exam, 470 trying to hire someone to take the bar exam, 471 or taking the bar while ineligible for failure to receive a final grade and diploma. 472 Driving without automobile insurance disturbs the bar. 473 461. In re Vanderperren, 661 N.W.2d 27, 29-30 (Wis. 2003). 462. See Blum, supra note 241, at § 17 (citing In re G.L.S., 439 A.2d 1107 (Md. Ct. App. 1982)). 463. See id. at § 13 (citing In re Strait, 577 A.2d 149 (N.J. 1990)). 464. Blum, supra note 10, at § 16 (citing In re Taylor, 647 P.2d 462 (Or. 1982). 465. Blum, supra note 252, at § 5 (citing Appeal of Lane, 544 N.W.2d 367 (Neb. 1996)). 466. Blum, supra note 10, at § 11(b) (citing In re Harris, 804 N.E.2d 429 (Ohio 2004); In re Mefford, 819 N.E.2d 684 (Ohio 2004)). 467. Id. (citing Appeal of Evinger, 629 P.2d 363 (Okla. 1981)). 468. Id. at § 9 (citing Appeal of Bernath, 962 P.2d 685 (Or. 1998)). 469. Id. at § 10(b) (quoting In re Bland, 755 N.E.2d 342 (Ohio 2001)). 470. Blum, supra note 252, § 14(b) (citing In re Wang, 640 N.E.2d 837, 837-38 (Ohio 1994)). 471. Id. at § 15 (citing In re Knight, 208 S.E.2d 820 (Ga. 1974)). 472. Id. at § 16(a) (citing In re L.M.S., 647 So.2d 838 (Fla. 1994)). 473. In re Parry, 647 N.E.2d 774, 775 (Ohio 1995).
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Facing the Klieg Lights: Understanding the "Good Moral Character"

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