School of sharks? Bar fitness requirements of good moral character and the role of law schools

Georgetown Journal of Legal Ethics, The, Spring 2001 by McCulley, Elizabeth Gepford

1. THE MEANING OF "PROFESSIONAL" AND THE RESPONSIBILITY OF THE LEGAL PROFESSION

Professionalism is difficult to define, and its attributes differ according to different professions. Generally, a profession is defined as the members of a "vocation [collectively] requiring advanced education and training."12 The legal profession is distinguished by the additional educational requirement of a Juris Doctorate. Becoming a lawyer and a member of the bar is not a right, but a privilege that is burdened with conditions.13

To earn the privilege to practice law, applicants must meet state mandated qualifications, including standards of fitness. Fitness traits include honesty, reliability, responsibility, trustworthiness, and truthfulness.14 Similar to applicants in many other jurisdictions, Missouri applicants have the burden of demonstrating that specific fitness qualifications have been met.15

Many sources exist for identification of values in the legal profession. The leading authority, the American Bar Association ("ABA") Model Rules of Professional Conduct, has been adopted in some form by forty-three states.16 The Model Rules offer guidance for lawyer behavior and a basis for lawyer discipline. Members of a state's bar must abide by ethical rules adopted by that state.

For example, Missouri, which adopted the Model Rules with little modification on August 7, 1985,17 requires "every applicant for admission to the bar of this state, in addition to all other qualifications" to "be of good moral character, fit to practice law, and at least eighteen years of age."18 Other qualifications include graduation from an accredited ABA law school,19 passing the bar exam,20 and passing the Multi-State Professional Responsibility Examination.21 Missouri's Rule 8 is designed to exclude persons who do not possess good moral character.22

State courts have the authority to accept or reject an applicant for admission to the bar.23 The Board of Bar Examiners findings are merely advisory and a court is not bound by a Bar Examiner's decision to admit or deny an application to the bar.24 A court can conduct an independent review of the evidence to determine an applicant's fitness to practice law, disregarding a board's recommendation or a law school's finding regarding student misconduct.25 All members of the public, whether individuals or corporations, have problems that necessitate the services of a lawyer. State imposed standards of professional conduct safeguard public expectations regarding lawyer conduct and the judicial system.

A. WHY SOCIETY SHOULD CARE WHETHER LAWYERS ACT PROFESSIONALLY

Professionalism is an important aspect of legal practice. The Missouri Supreme Court has noted that the certification of attorneys for practice is to protect the public and the administration of justice.26 The Kansas Supreme Court has noted where lawyers do not care about professional integrity, their clients may become victims of their misconduct.27 Even highly intelligent clients can become vulnerable when they are totally dependent on their lawyer for representation.28 Society, as well as the legal profession, will suffer. A legal education is costly. Those abiding by ethical standards deserve to have their law school investment protected by ensuring professionalism in the field.