FROM Law is a challenging discipline that
involves the ability to analyze,reason and communicate. The
study and practice of law is rigorous and oftenstressful. However, a law degree can openmany doors to a rewarding career in business,practice, government, teaching or publicservice. Because the practice of law involves apublic trust, persons seeking to becomelawyers must not only pass rigorous writtenexaminations, they must also satisfy barauthorities that they have the requisite moralcharacter and personal fitness to enter theprofession.
THE CHARACTER AND FITNESSREQUIREMENT
Applicants for admission to the bar must showthat they possess the personal qualities required topractice law and have the necessary character tojustify the trust and confidence that clients, the public and the legal system will place in them. In New York, the Appellate Division Committees onCharacter and Fitness in each Judicial Departmentreview applicants’ past conduct to ensure that theyare honest, trustworthy, diligent and reliable. Conductthat raises concern about an applicant’s character orfitness may cause the Committees to investigatefurther. No applicant for admission may be admittedto practice absent a certification from the appropriateCommittee that the applicant possesses thenecessary character and fitness to practice.Consequently, if you have a history of conduct thatmay indicate a problem, you should seek furtherinformation and assistance from one of the resourceslisted below, or your school’s Student Services Office.
Shortly after the bar examination, the State Boardof Bar Examiners sends to the Supreme Court,Appellate Division, in each of the four judicialdepartments, a list containing the names and
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addresses of the applicants from that departmentwho passed the examination. Each department thensend forms to each applicant on its list in order toexpedite the admission process by permitting theapplicants to complete and file the forms prior toreceipt of the results of the examination. These formsrequire applicants to provide extensive informationabout their personal backgrounds, includingemployment history and encounters with lawenforcement.
CONDUCT THAT MAY BE CAUSE FOR CONCERN
Members of Character and Fitness Committeestypically consider the following conduct as cause forfurther inquiry before making a recommendation tothe Appellate Division regarding character and fitness:
Unlawful conduct (even conduct that you mayconsider minor — including speeding or other traffic infractions, underage offenses, alcoholconsumption or drug charges, disorderly conductand other offenses)
Academic or employment-related misconduct
Acts involving dishonesty, fraud, deceit, ormisrepresentation
Neglect of financial responsibilities or professional obligations
Violation of a court order (child support,restraining orders, or other disobedience of courtdirectives)
Conduct evidencing mental or emotionalinstability
Conduct evidencing drug or alcohol abuse oraddiction (open bottle, DWI, or underage drinkingcharges)
These are grounds for further inquiry but do not mean that your application for admission willnecessarily be denied. If you have engaged in anyconduct of serious concern, you should seek moreinformation on the requirements from theappropriate Appellate Division.
Membership in the bar is a privilege burdened with conditions… a fair private and professional character is one of them… compliance with that condition is essential at the moment of admission; but it is equally essential afterwards.
—Judge Benjamin N. Cardozo
ARE YOU FITTO BE ALAWYER?
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THE IMPORTANCE OF HONEST DISCLOSURE
Thousands of people in New York's legalcommunity, including practicing lawyers, judges,and law students, are suffering from the effectsof alcohol or substance dependency or frommental health problems. We know thateducation, as well as early detection,intervention, and treatment, make a hugedifference and can avoid tragedy. Fortunately,lawyers, judges and law students havesomewhere to turn--lawyer assistance programs.
— Chief Judge Jonathan Lippman
Law schools require applicants to be completelyforthcoming about their backgrounds and todisclose behavior that may have a bearing on theirqualifications to study law and their character andfitness to become members of the legalprofession. Failure to disclose information on a lawschool application may have seriousconsequences, including discipline, expulsion, andreporting to bar authorities. Most law schoolsrequire verification and ongoing updating ofinformation provided on the law schoolapplication. Misrepresentations in a law schoolapplication can also be grounds for denial ofadmission to the bar.
Full disclosure is also required by the AppellateDivision Departments and the Committees onCharacter and Fitness when applying foradmission to the bar. Application questions mustbe answered honestly and completely. Failure tocandidly disclose information or any falsestatement is taken seriously and may result indenial of admission, even if the undisclosedconduct would not necessarily have resulted indenial of admission. Failure to disclose or falsestatements discovered after admission to practicemay result in the revocation of your license topractice law.
SIGNIFICANCE ATTACHED TO PASTBEHAVIOR BY BAR AUTHORITIES
In New York, an applicant’s prior conduct may beassessed in light of the following factors:
Applicant’s age at the time of the conduct
Recency of the conduct and the reliability of theinformation concerning the conduct
Seriousness of the conduct
Cumulative effect of the conduct or information
Evidence of rehabilitation
Positive social contributions since the conduct
Candor in the admissions process
Materiality of omissions or misrepresentations
ALCOHOL OR DRUG ABUSE,ADDICTION AND MENTAL HEALTH
Neither receiving treatment for alcoholism, drugaddiction or mental health concerns, nor the statusof being a recovering alcoholic or recovering addictare grounds for denial of admission to the bar.
In New York, the focus of the inquiry is on whetherchemical abuse or addiction or a mental healthcondition impairs the applicant’s current ability topractice law. The bar application asks whether theapplicant has “any mental or emotional condition orsubstance abuse problem that could adverselyaffect” the “capability to practice law”, and whetherthe applicant is “currently using any illegal drugs.”While honesty in disclosing past conduct (forexample, arrests and convictions) is essential,disclosure of past treatment is not required. Noquestions are asked about past treatment. TheCommittees encourage law students who areexperiencing drug, alcohol or other addiction ormental health issues to address those issues as soonas possible, regardless of when the student plans toseek admission to the bar.
ADVISORY OPINIONS
In New York, any person who is a matriculatedstudent in an approved law school, or who has applied for admission to such a law school, and whohas previously been convicted of a felony ormisdemeanor, or suspended, removed or dismissedfrom public office or employment, or dishonorablydischarged from the armed services of the UnitedStates, may petition the Appellate Division of theNew York State Supreme Court of the department inwhich such person resides or is employed full-time,for an advance ruling as to whether such conviction,suspension, removal or dismissal from public officeor employment, or dishonorable discharge, wouldoperate to disqualify the petitioner, on charactergrounds, from being admitted to practice as anattorney and counselor at law in this State.
For more information on advisory opinions,contact your law school’s Admissions or StudentServices Office or the Appellate Division Departmentdirectly.
CONDITIONAL ADMISSION
In New York, there is no formal process forconditional admission. However, if you areapplying for admission elsewhere, you should knowthat in some states, if the bar admission authoritieshave concerns about whether an applicant willcontinue to be fit to practice (for example, in cases ofrecent treatment), an applicant may be conditionallyadmitted to practice.
Conditional admission typically requires theapplicant to comply with the specified requirements(such as continuing treatment, continued sobriety orcredit counseling) for some period of time afterconditional admission.
RESOURCES
Rules governing admission to the bar vary by state. If you have questions about bar admissionrequirements, contact the office of the baradmissions in the state in which you plan to be admitted.
For New York Bar: Visit www.nybarexam.org
For the admission rules of other states: The bar admission officials for each state are listedin the Comprehensive Guide to Bar AdmissionRequirements, available at the publications tab atwww.ncbex.org.Resources at your law school: Counseling Service Dean of Students or other contact
Confidential resources for chemical abuse oraddiction and mental health concerns: New York State Bar Association
Lawyer Assistance ProgramDirector Patricia Spataro (800) 255-0569 [email protected]
New York City Bar Association Lawyer Assistance ProgramDirector Eileen Travis (212) 302-5787 [email protected]
Many local or specialty bar associations,particularly in larger communities, also offerconfidential assistance for lawyers and lawstudents with substance abuse or mental healthconcerns. You need not be a bar associationmember to take advantage of these free,confidential services. For links to many of these barassociations, see www.nysba.org/lap
Resources regarding career satisfaction, mentaland chemical health, balance and other quality oflife issues are available on the following websites: www.nysba.org/lap www.nycbar.org/LawyersAssistance/index.htm www.abanet.org/legalservices/colap
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A publication of the New York State Lawyer Assistance Trustwww.nylat.org
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