Obtaining a license to practice law requires a comprehensive assessment of an applicant's moral character. The State Bar and the Committee of Bar Examiners consider various factors and conduct, including the following:
Holistic evaluation
A moral character determination is holistic and takes into account all relevant aspects of an applicant's background. No single act of misconduct automatically leads to a negative moral character determination. Instead, we consider:
Severity of misconduct;
Timing of the misconduct;
The presence of multiple acts of misconduct;
The frequency of engagement in misconduct; and
Any rehabilitation efforts following misconduct.
Rehabilitation
Misconduct must be followed by rehabilitation efforts commensurate with the significance of the misconduct. Serious misconduct necessitates a compelling demonstration of rehabilitation, including:
Exemplary conduct over an extended period.
Refraining from further misconduct
Engaging in affirmative rehabilitative acts, such as making amends to victims, engaging in community service, or completing relevant educational activities.
Holding a steady job, abiding by the law, or starting a family constitutes ordinary conduct rather than exemplary rehabilitation.
Remorse alone is insufficient, but a candid admission and full acknowledgment of wrongdoing are often necessary steps in the rehabilitation process.
Candor and honesty
Candor and honesty play a central role in determining an applicant's moral character. This includes:
Being forthright on the moral character application and during the process.
Accurately disclosing required information on other applications, such as to your law school or another licensing agency.
Additional considerations
Various issues may be relevant to a moral character application determination, including but not limited to:
Abuse of the legal process: This may involve filing frivolous claims to harass litigants, or frivolous defenses to improperly delay proceedings. Relevant evidence may include judicial sanctions or designation as a vexatious litigant.
Academic honor code of student conduct violations: Misconduct at an educational institution that involves moral turpitude can impact an applicant's moral character determination, especially if it occurred in law school.
Community supervision: Being under community supervision does not necessarily preclude a positive moral character determination, but noncompliance with the terms of supervision may affect a determination.
Criminal history: No criminal act automatically disqualifies you from receiving a positive determination, but rehabilitation from serious misconduct requires exemplary behavior over a significant period of time.
Drug/ alcohol abuse: A history of use or abuse alone doesn't lead to a negative determination, but it may be relevant if it is related to misconduct. Voluntary enrollment in substance abuse treatment may assist in showing rehabilitation from misconduct that involved substance use.
Fraudulent activity: Deceitful acts, such as filing false legal claims, making false statements on an application, or conviction of a crime for which an intent to defraud is an element involve moral turpitude and can negatively impact a determination.
Past due debt, financial responsibility, bankruptcy, and fiduciary duty: Indebtedness alone, or having declared bankruptcy, isn't a basis for a negative determination. However, mishandling past due debt or fraudulent use of bankruptcy can raise moral character issues. A breach of fiduciary duty may involve moral turpitude and require a showing of rehabilitation, including a period of exemplary conduct.
Prior adverse determination: Reapplying after an adverse determination requires demonstrating substantial rehabilitation.
Unauthorized practice of law: Violations of the statutes or rules regarding the unauthorized practice of law may adversely affect a determination. The unauthorized practice of law may include, an unlicensed individual appearing in court or another tribunal as a legal representative on behalf of someone else, providing legal advice, preparing legal instruments and contracts, or improperly holding oneself out as practicing or entitled to practice law.
Violation of court orders and respect for the law: Violating court orders or displaying a lack of respect for the law, including improperly failing to appear in court, failure to satisfy a judgment, failure to adhere to a restraining order, or other conduct that suggests a lack of respect for the law can impact a determination.
For questions related to a moral character application, contact the Office of Admissions at moral.character@calbar.ca.gov or 800-843-9053.
