Admission to the Practice of Law

Question 1

True or False: Candidates must respond truthfully and completely to a bar application.

Answer 1

True

Question 2

An applicant for admission to the bar must not ___ make a false statement of material fact.

Answer 2

Knowingly

Question 3

Can someone be subject to discipline for failure to make a disclosure on the bar application after being admitted as a lawyer?

Answer 3

Yes

Question 4

Can someone be denied admission to the bar for failure to disclose requested information?

Answer 4

Yes

Question 5

Do the ABA rules require disclosure of information otherwise protected by confidentiality provisions of professional conduct?

Answer 5

No

Question 6

Both an applicant and _____________ must not fail to disclose a fact to correct misapprehension known by a person or knowingly fail to respond to a lawful demand for information from admissions authority.

Answer 6

any lawyer in connection with the applicant’s application to the bar

Question 7

If there is a question about character and fitness application, can an applicant be required to attend a hearing before the admissions board?

Answer 7

Yes

Question 8

Who holds the burden of proof and duty of disclosure in a bar application?

Answer 8

The Applicant

Question 9

True or False: A bar applicant does not have the right to due process in committee proceedings.

Answer 9

False - right to know charges against them, to explain issue, and to confront critics.

Question 10

True or False: A bar applicant denied admission because of bad moral character is entitled to judicial review.

Answer 10

True - by the state’s highest court.

Question 11

Are all aspects of a applicant’s past conduct that reflect on honesty and integrity relevant to evaluation of moral character?

Answer 11

Yes even if the acquitted - applies to any litigation where the applicant was a party.

Question 12

Is a mere conviction sufficient to deny admission to the practice of law?

Answer 12

No - crime must involve moral turpitude

Question 13

What is moral turpitude?

Answer 13

Crime involving intentional dishonesty for the purpose of personal gain (forgery; bribery; theft; robbery; perjury) or a crime involving violence. Nature of offense and motivation can also be considered.

Question 14

Does a juvenile arrest for a fist fight amount to moral turpitude?

Answer 14

No

Question 15

Does arrest for non violent civil disobedience amount to moral turpitude?

Answer 15

No

Question 16

How does an applicant overcome the issue of moral turpitude?

Answer 16

By showing rehabilitation of character

Question 17

True or False: False Statements or concealment of facts in response to question of admissions authority is evidence of lack of moral character even if the underlying conduct does not involve moral turpitude.

Answer 17

True

Question 18

Can an applicant be denied admission if they refuse to take an oath to uphold the state and federal constitution?

Answer 18

Yes

Question 19

Is membership in a controversial political group sufficient to deny admission to the bar?

Answer 19

No - unless there is evidence that the applicant participated in trying to overthrow the government.

Question 20

Can a state require an applicant to be US Citizen?

Answer 20

No this is a violation of the equal protection clause.

Question 21

Can a state require an applicant to be a state resident?

Answer 21

No this is a violation of the privileges and immunities clause.

Question 22

Admissions requirements must be ________ related to the practice of law

Answer 22

Rationally. (Graduating accredited law school; uphold constitution; good character)

Question 23

True or False: Lying is always moral turpitude even if not a crime.

Answer 23

True

Question 24

Can a long pattern of small crimes be punished?

Answer 24

Yes

Question 25

What are the rules regarding lawyers in connection with an applicant’s bar application?

Answer 25

must not: (i) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or

(ii) knowingly fail to respond to a lawful demand for information from an admissions authority.

This rule doesn’t, however, require disclosure of information otherwise protected by the confidentiality provisions of the rules of professional conduct.