Admission to the Practice of Law Flashcards
True or False: Candidates must respond truthfully and completely to a bar application.
True
An applicant for admission to the bar must not ___ make a false statement of material fact.
Knowingly
Can someone be subject to discipline for failure to make a disclosure on the bar application after being admitted as a lawyer?
Yes
Can someone be denied admission to the bar for failure to disclose requested information?
Yes
Do the ABA rules require disclosure of information otherwise protected by confidentiality provisions of professional conduct?
No
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.
any lawyer in connection with the applicant’s application to the bar
If there is a question about character and fitness application, can an applicant be required to attend a hearing before the admissions board?
Yes
Who holds the burden of proof and duty of disclosure in a bar application?
The Applicant
True or False: A bar applicant does not have the right to due process in committee proceedings.
False - right to know charges against them, to explain issue, and to confront critics.
True or False: A bar applicant denied admission because of bad moral character is entitled to judicial review.
True - by the state’s highest court.
Are all aspects of a applicant’s past conduct that reflect on honesty and integrity relevant to evaluation of moral character?
Yes even if the acquitted - applies to any litigation where the applicant was a party.
Is a mere conviction sufficient to deny admission to the practice of law?
No - crime must involve moral turpitude
What is moral turpitude?
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.
Does a juvenile arrest for a fist fight amount to moral turpitude?
No
Does arrest for non violent civil disobedience amount to moral turpitude?
No
How does an applicant overcome the issue of moral turpitude?
By showing rehabilitation of character
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.
True
Can an applicant be denied admission if they refuse to take an oath to uphold the state and federal constitution?
Yes
Is membership in a controversial political group sufficient to deny admission to the bar?
No - unless there is evidence that the applicant participated in trying to overthrow the government.
Can a state require an applicant to be US Citizen?
No this is a violation of the equal protection clause.
Can a state require an applicant to be a state resident?
No this is a violation of the privileges and immunities clause.
Admissions requirements must be ________ related to the practice of law
Rationally. (Graduating accredited law school; uphold constitution; good character)
True or False: Lying is always moral turpitude even if not a crime.
True
Can a long pattern of small crimes be punished?
Yes
What are the rules regarding lawyers in connection with an applicant’s bar application?
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.
