Facing the Klieg Lights: Understanding the "Good Moral Character"

CLEMENSFINAL.DOC
3/30/2007 12:51:01 PM
310 AKRON LAW REVIEW [40:255
admission attorney if simply so the lawyer can review all the documents
and suggest ameliorative action, if necessary. In sum, the best applicant
is one who avoids making mistakes needing correction. This means
carefully answering all questions on any official documents that the bar
will examine, including any law school applications. Consulting a
lawyer for advice before answering any questions about which an
applicant may have hesitation is far smarter than consulting a lawyer
after an applicant has already provided conceivably deceptive answers to
the bar, or in any document the bar may review.
Successful admission requires taking responsibility for past
misdeeds, acting to fix errors, and establishing rehabilitation by
following the law while going above and beyond what is expected. A
person cannot take responsibility for misdeeds that she forgot to
disclose. Simply following the law is insufficient to establish
rehabilitation, but backsliding can be seen as a continuation of a pattern
of bad character. Actual improvement in character must be proven to
the bar. When trying to show a change of character, service to
disadvantaged populations helps. Given the dramatic disadvantages for
denial of a bar application, taking steps to demonstrate rehabilitation by
volunteering or providing community service is strongly advisable to
anyone with even a slightly questionable background. Making respected
members of the bar aware of an applicant’s past and her efforts to
improve is essential.
An applicant bears the burden to establish present good moral
character. The individual bar committee members, with their personal
views and predilections, determine if an applicant has met this unusually
ambiguous qualification. 521 This fact makes the application process less
certain, but undoubtedly certain rules govern. A positive and contrite
attitude during each bar appearance or communication is crucial.
Disrespect to the bar or any witness can clearly demonstrate lack of
character fitness. An experienced lawyer can not only help draft written
communication to the bar but can help prepare an applicant for
testimony and potential cross-examination. Candid applicants who have
consulted a good lawyer and bring a positive attitude have the best
prospects of overcoming any character issues and joining the bar. Once
admission has been secured, an applicant can rest easily knowing that
she has established what Justice Black described as the unusually
ambiguous, vague qualification of good moral character.
521. See supra note 1 and accompanying text.