NORTH CAROLINA BOARD OF LAW EXAMINERS
CHARACTER
AND FITNESS GUIDELINES
Every applicant shall have the burden of proving that the applicant possesses
the qualifications of character and general fitness requisite for an attorney
and counselor-at-law, and is possessed of good moral character and is entitled
to the high regard and confidence of the public.
The term "good moral character", includes but is not limited to the
qualities of honesty, fairness, candor, trustworthiness, observance of
fiduciary and personal responsibility and of the laws of North Carolina and of
the United States and a respect for the rights of other persons and things. The
term "fitness" includes but is not limited to, the mental or
emotional stability of the applicant to practice law in North Carolina.
In satisfying the requirements of good moral character and fitness, applicants
should be persons whose record of conduct justifies the trust of clients,
adversaries, courts and others with respect to the professional duties owed to
them and whose record demonstrates the qualities of honesty, trustworthiness,
diligence, responsibility and reliability.
The revelation or discovery of any of the following may be treated as cause for
further inquiry before the Board decides whether the applicant possesses the
requisite character and fitness to practice law. The foregoing is inclusive of
but not limited to:
1. Unlawful conduct.
2. Academic misconduct.
3. Making or procuring any false or misleading
statement or omission of relevant information including any false or misleading
statement or omission on the application for admission to a college or
university, a law school, or to the North Carolina Bar or any amendment or in
any testimony or any sworn statement submitted to the Board.
4. Misconduct in employment.
5. Acts involving dishonesty, fraud, deceit or
misrepresentation.
6. Abuse of legal process.
7. Neglect of financial responsibilities.
8. Neglect of professional obligations.
9. Violation of an order of a Court, including
failure to pay child support.
10. Military Misconduct. A discharge other than
honorable.
11. Evidence of mental or emotional instability.
12. Evidence of drug or alcohol misuse, abuse or
dependency.
13. Denial of admission to the Bar in any other jurisdiction
on character and fitness grounds.
14. Disciplinary action by a lawyer, disciplinary
agency, or other professional disciplinary agency of any jurisdiction.
15. Any other conduct which reflects adversely
upon the character or fitness of the applicant.
The Board has developed policies and procedures from many of the above-cited
examples of questionable conduct. These include but are not limited to:
A. Unlawful conduct:
The
Board may inquire into arrests even if no conviction resulted. There are many
reasons why arrests do not result in convictions, and many of them have no
bearing on guilt or innocence. The Board is authorized to inquire into all
areas of possibly relevant applicant misconduct. The applicant is required to
report all incidents, and to provide evidence of rehabilitation, if relevant,
and evidence of current good character. The occurrence of an acquittal or
dismissal is relevant, but is not dispositive of the issue. This is not to
suggest that the Board will assume that any arrest was due to guilty conduct on
the part of an applicant. The applicant’s obligation is to be completely
forthright regarding all matters about which the Board inquires.
If,
at the time of the application, criminal charges are pending against the
applicant, the Board will table the application until these charges are
resolved. If a conviction results in probation, restitution or some other
sentence, the Board will not consider the application until the sentence has
been served and probation completed. The Board will then proceed to investigate
the facts and circumstances that led to the criminal charges.
B. Making a false statement:
Dishonesty
in dealings with employers, schools (including applications for admission) and
authorities, including the Board of Law Examiners, is grounds for denial of bar
applications. Giving false information on the application or failing to be
entirely forthcoming and completely candid in the application process is a
serious error which will have negative consequences for an applicant. With
respect to non-disclosure on the law school application the Board will require
at a minimum evidence that the applicant has made full disclosure of the
erroneous or omitted information to the law school administration together with
the action if any taken by the law school.
C. Neglect of financial responsibilities:
The
Board recognizes that mishandling of client funds is a frequent and serious
cause for professional discipline. While admission to the bar does not require
a perfect credit record, the Board is interested in whether applicants have
dealt honestly and responsibly with their creditors, and whether they are doing
so at the time of application. Responsible dealings generally include but are
not limited to keeping in contact with the creditor, making payment
arrangements, and meeting the terms of those arrangements. If the applicant
currently has unpaid collections, judgments, liens, or charged off accounts, in
the absence of unusual mitigating circumstances, the Board considers it important
that the applicant demonstrate several months payments as agreed to show a good
faith effort to clear the debts.
If
an applicant has defaulted student loans, the Board may in its discretion hold
the application in abeyance until the applicant has made arrangements with the
lender(s) for repayment of the loan(s) and has made several months consecutive
and uninterrupted monthly payments pursuant to the plan agreed to by the
lender(s). Any arrearage in child support must be paid before an applicant will
be certified by the Board.
D. Evidence of mental impairment:
Evidence
of mental impairment, including evidence of impairment due to psychiatric
conditions, is one of the factors about which the Board must inquire in determining
the applicant’s fitness to practice law. Board members recognize that the
stresses of law school, as well as other life factors, frequently result in
applicants seeking psychiatric or psychological counseling. The Board
encourages any applicant to obtain such counseling or treatment when potential
benefits might accrue. The applicant should not allow the bar application
process to deter them from obtaining treatment or counseling when potential
benefits might accrue. Applicants should be aware that the Board looks
favorably on applicants’ self-recognition of their need for treatment and
appropriate utilization of professional services.
E. Drug or alcohol dependency:
Evidence
of impairment due to drug or alcohol dependence or abuse is a factor that must
be considered by the Board in determining the applicant’s fitness to practice
law. The applicant should be prepared to provide treatment records as well as
other records of incidents which were associated with any impairment. The Board
may require applicants to obtain a drug or alcohol evaluation from a licensed
professional recommended by the Board.
An
applicant who has a problem with drugs or alcohol is strongly encouraged to get
the counseling or treatment needed as soon as possible. If the applicant has
been impaired due to chemical dependency or abuse, the applicant’s recognition
of the problem and the treatment record will be important positive evidence of
rehabilitation, regardless of the seriousness of any misconduct which may have
arisen from the chemical dependency.
F. Evidence of Rehabilitation
The
Board shall determine whether the character and fitness of an applicant qualify
the applicant to take the North Carolina Bar Examination or to be admitted by
comity. In making this determination, the following factors should be
considered in assigning weight and significance to prior conduct:
1. The applicant's age at the time of the
conduct.
2. The recency of the conduct.
3. The reliability of the information concerning
the conduct.
4. The seriousness of the conduct.
5. The factors underlying the conduct.
6. The cumulative effect of the conduct or
information.
7. The applicant's candor in the admissions
process.
8. The materiality of any omissions or
misrepresentations.
9. The evidence of rehabilitation and the
applicant's positive social contributions since the conduct.
Evidence
of rehabilitation is one of the main factors the Board uses to determine
whether past problems should lead to denial of an application. Under Rule .0601
of the Board’s Rules, every applicant has the burden of proving that the
applicant possesses the qualifications of character and general fitness
requisite for an attorney and counselor-at-law and is possessed of such good
moral character as to be entitled to the high regard and confidence of the
public. An applicant who asserts rehabilitation from prior misconduct which
bears adversely upon the applicant’s character and fitness shall be required to
produce clear and convincing evidence of such rehabilitation, which may include
but are not limited to the following elements:
1. Absence of recent misconduct
2. Strict compliance with the specific conditions
of any disciplinary, judicial, administrative or other order, where applicable
3. Impeccable character and moral standing in the
community
4. Good reputation for professional ability,
where applicable
5. Sufficiency of the punishment including
payment of fines and restitution made; including the restitution of funds or
property, where applicable
6. Applicant's current attitude about prior
offenses (acceptance or responsibility and renunciation of past wrongdoing and
remorse)
7. Lack of malice and ill feeling toward those
who by duty were compelled to bring about the disciplinary, judicial,
administrative or other proceeding
8. Personal assurances, supported by
corroborating evidence, of a desire and intention to conduct one's self in an
exemplary fashion in the future
9. Applicant's constructive activities and
accomplishments subsequent to the criminal conviction
10. Applicant's candor, sincerity and full
disclosure in character and fitness proceedings
11. Positive actions beyond those one would do
for self benefit including but not limited to working as a guardian ad litem,
volunteering on a regular basis with shelters for the homeless or victims of
domestic violence or maintaining substantial involvement in other charitable,
community or educational organizations whose value system, overall mission and
activities are directed to good deeds and humanitarian concerns impacting a
broad base of citizens
12. Demonstration of the applicant's
understanding of the responsibility to the administration of justice and the
practice of law
Merely
showing that an individual is now living as and doing those things that this
person should have done throughout life, although necessary to prove
rehabilitation, does not prove that the individual has undertaken a useful and
constructive place in society. The requirement of a positive action is
appropriate for applicants for admission to the bar because service to one’s
community is an implied obligation to members of the Bar.
The
Board will not consider witness testimony or evidence offered by a witness in
support of the applicant on any issue listed above unless the witness has been
fully informed of the misconduct before offering the evidence.
FOOTNOTE:
These character and fitness guidelines were based on the recommendations by the
American Bar Association, the National Conference of Bar Examiners and
Association of American Law Schools in the Code of Recommended Standards for
Bar Examiners as well on the decision and procedures used in other states.
Adopted
October 18, 2001