[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

nonlawyers engaged in the unauthorized practice shall not be. . . .
What Stoops and Born manifestly prohibit is a legislative foray into regulating the
practice of law via the ADTPA, period. The majority, though, chooses to draw an artificial
distinction between an Oklahoma lawyer unauthorized to practice in Arkansas, which was
the situation in Stoops, and a lay person who attempts to practice law in this state. . . .
B. Bar Admission Model Rule 8.1
In the last section, we examined the way in which courts exercise inherent power to regulate
the “practice of law.” The next two parts of this chapter examine how courts use inherent
power to establish substantive and procedural requirements for lawyer licensure.
Most states require those who seek bar admission to satisfy five criteria: age, education
or experience, examination, the taking of an oath, and good moral character or character
and fitness. To facilitate consideration of character and fitness to practice law, bar
applicants are required to complete a lengthy questionnaire that canvasses relevant topics
related to these criteria, and to update their bar applications until they gain bar admission.
Courts adopt rules detailing these general criteria such as honesty, respect for law, and the
ability to act professionally. The inability to act honestly can be evidenced by a criminal
record, civil judgment, academic misconduct, or neglect of professional or financial
obligations. Bar examiners treat any lack of candor in the bar admission application itself as
equally serious. The ability to act professionally in a manner that engenders respect for law
and the profession can be evidenced by letters of reference, by reports of law school
administrators, and the absence of a history of drug or alcohol dependence or mental
illness, or successful treatment for these conditions. Title II of the Americans with
Disabilities Act has limited some bar admissions questions regarding mental health. 1
In deciding whether an applicant has met the necessary criteria, courts assess how past
factors predict future ability to practice, often considering whether the conduct would have
violated a rule of professional conduct if the candidate had been licensed at the time. If so,
the applicant usually will not succeed in showing the requisite character and fitness to
practice law. Most obvious are prior criminal convictions, where applicants must show
rehabilitation to be admitted. 2 Less obvious are troubling patterns of behavior, such as
those discussed in the next case, Converse, which can indicate disruptive characteristics that
probably will cause future trouble with clients, opponents, and tribunals.
Converse also illustrates how courts respond to First Amendment challenges to some of
these criteria. Bar admissions officials may ask about membership in specific associations or
other criteria, as long as such a membership is relevant to fitness to practice, and rationally
related to the ability to practice law. 3
For example, in an Illinois Bar admission case, applicant Matthew Hale readily
admitted that he headed an organization called the World Church of the Creator, which
did not sanction violence, but called for white racial supremacy and the use of political
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