Admission to the Profession Flashcards
Requirements for Admission
States impose educational, knowledge, and character requirements on applicants for admission to the practice of law. A lawyer must not assist in the admission of an unqualified applicant. MRPC 8.1.
Education
Most states require graduation from an ABA-accredited law school for admission to practice. A few states require only a state accreditation, and California even makes provisions for students from unaccredited law schools.
Knowledge
A bar examination is administered in each state, although a waiver is still allowed in a few states for graduates of select, in-state law schools. Many states permit a lawyer in good standing in the bar of another state to gain permanent admission (admission “on motion”) without the need for a bar examination or with only a limited examination. Some states condition eligibility on comity, requiring that a state in which the lawyer is currently admitted provide a similar privilege to lawyers from the state in which the request for admission on motion has been made.
Character
Past conduct may be considered in determining whether an applicant has the requisite good character and general fitness necessary to practice law. Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (intentional dishonesty for personal gain) or violence. A false statement or the concealment of a fact in response to an inquiry by the bar examiners’ committee would be enough to deny an applicant admission, even if the action about which the applicant lied or concealed did not involve moral turpitude. MRPC 8.1.
No residence requirements.
Local residence and U.S. citizenship may not be imposed as a condition on the right to practice law in a state. In re Griffiths, 413 U.S. 717 (1973) (U.S. citizenship requirement violates the Equal Protection Clause); Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985) (In-state residency requirement violates the Privileges and Immunities Clause of Article IV). Some courts have upheld the requirement of the maintenance of an in-state office if this requirement is imposed on all lawyers. Tolchin v. Supreme Court of the State of N.J., 111 F.3d 1099 (3d Cir. 1997); Parnell v. Supreme Court of Appeals of W. Va., 110 F.3d 1077 (4th Cir. 1997); See also Schoenefeld v. New York,2011 U.S. Dist. LEXIS 100576 (2011) (New York rule that imposed the maintenance of an in-state office only on nonresidents unconstitutional).
Application Process Prohibited Behavior
An applicant for admission to the bar is prohibited from:
i) Knowingly making a false statement of material fact in connection with the application;
ii) Failing to disclose a fact necessary to correct a misapprehension known by him to have arisen in the matter; or
iii) Failing to respond to a lawful demand by an admissions authority in connection with the application (unless such fact is protected by the rules governing confidential communications). MRPC 81.
Fifth Amendment Privilege
An applicant for admission to the bar may invoke the Fifth Amendment privilege against self-incrimination but must do so openly rather than simply leaving out requested information. MRPC 8.1, cmt. 2.
Violations Prevent Admission
Violation of the provisions of the Model Rules may prevent admission. If the applicant has been admitted, the applicant is subject to discipline as a lawyer for having violated the provisions. MRPC 8.1, cmt. 1.
Information from Others
Bar authorities seek information as to an applicant’s fitness to practice law from the applicant and from other people. A person who is a member of the bar is subject to the same rules as those impacting the applicant. If a lawyer is asked about an applicant and fails to disclose a fact necessary to correct a misapprehension or to disclose any material fact requested in connection with the application, the lawyer is subject to discipline under the Model Rules. MRPC 8.1, cmt. 1. This rule, however, does not require the lawyer to disclose information that is otherwise protected by the confidentiality provisions of the Model Rules or the attorney-client privilege.
