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Legal Profession


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Requirements for admission to the Bar
1)Graduation from and accredited law school
2)Pass the Bar
3)Satisfy the character and fitness requirements
An applicant for admission to the bar OR L in bar admission application or disciplinary matters shall not:
1) Knowingly make a false statement of material fact; OR
2) fail to disclose a fact known that is necessary to correct a misapprehension or fail to repsond to a lawful for information
Knowingly means....
Actual knowledge
Bar Admission vs. Lawyer Discipline
1) Standard is higher for admission (both substantively and procedurally)
2)Burden of proof not on L in disciplinary case
3) Burden is on applicant to prove good character and fitness
Purpose of character and fitness exam:
To develop information to determine if 1)the app is fit for the practice or law; or 2)likely to violate the rules of legal practice.
Factors considered when assessing behavior for character and fitness exam:
1) Seriousness of the behavior
2) remoteness- more recent behavior is worse
3) Age when behavior occurred
Dishonesty for failing to admit something bar application...
can be construed as an attempt to conceal and that alone is enough to deny admission
Regarding disciplinary actions: Distinction between offenses that are law breaking and professional offenses
1) Should be liable only for those offenses that are applicable to law practice such as honesty
2) repeated offenses are considered
3) a L can be disciplined for misconduct that has nothing to do with teh practice of law
"Material" means
a fact that the admissions committee is trying ot find out and is relevant to the character and fitness to practice law.
Exceptions to knowingly failing to repsond to an admissions authority
1) 5th admendment issue
2) COnfidentiality issue
3) protected by rule 1.6
Must not ignore - but explain failure to disclose
Duty to volunteer information to an admission committee
Generally no duty when there has been no request for information
Lawyer's Assistance Program...
sponsored by the Bar to aid Ls who are depressed, drinking, stressed Not required to disclose info learned when working as part of LAP
Competent representation includes:
1)legal knowledge
3) thoroughness
4) preparation reasonably repsonsible for the representation
Definition of knowledge of impairment of anotehr lawyer
actual knowledge about facts in questions from 1) personal observation 2) information from a reliable source 3)information through investigation or 4) from the admittance of lawyer
Situations where lawyer is required to decline representation
1) too busy
2) not competent to handle the problem
3) firm already represents a client with an adverse interest

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