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

Concern for legal professionalism led the Forty-eighth Annual Meeting of the Conference of Chief Justices on August 1, 1996, to commission a National Study and Action Plan regarding lawyer conduct and professionalism.46 The Conference addressed concern over the decline of the legal professional image due to the perception, and the reality, that some members of the bar do not adhere to the principles of professionalism.47 Unethical lawyers have created a lack of public confidence which can "impede the effective administration of justice."48

The objective of the chief justices' National Action Plan on Lawyer Conduct and Professionalism is to correct behavior of unprofessional lawyers.49 An additional objective is to highlight the behavior of lawyers conducting themselves in a professional manner, in order to assist in rehabilitating the professional image.50 Ethical and professional lawyers deserve public respect, confidence, and trust, and the unethical minority of the legal profession should not be permitted to tarnish their image. Furthermore, applicants for membership to the bar deserve the confidence that their admission will be met with public trust and respect. The entire profession must work together to resurrect the public's trust in the legal profession.

C. THE MEANING OF GOOD MORAL CHARACTER

The Model Rules of Professional Conduct state that professional misconduct for a lawyer includes engaging in "conduct involving dishonesty, fraud, deceit or misrepresentation."51 Lawyers engaging in crime, if caught, may suffer legal consequences, but not all crimes committed or dubious conduct engaged in by a lawyer reflects adversely on his fitness to practice law.52 The Model Rules explain that a lawyer should only have to answer professionally for offenses relative to the fitness requirements to practice law.53 These include offenses involving "violence, dishonesty, breach of trust, or serious interference with administration of justice."54

So what is good moral character? Justice Frankfurter stated that, "[f]rom a profession charged with such responsibilities there must be exacted those qualities of truth-speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility, that have, throughout the centuries, been compendiously described as 'moral character.'"55 The qualities of good moral character seem vague and lack concrete definition.

Easier is defining what is not good moral character. Behavior that casts substantial doubts on an applicant's "honesty, fairness, and respect" comprises evidence that one lacks good moral character.56 Cheating on a bar examination is a particularly egregious example.57

Crimes or outrageous behavior involving moral turpitude are also evidence of one's lack of good moral character.58 Behavior, not necessarily criminal, involving hostility, threats, lying, deceit, and misrepresentation are particularly cause for concern.59 Perjury, fraud, obstruction of justice, and witness tampering are examples of crimes that reflect adversely on moral character and fitness to practice law.60 Generally, crimes involving violence, drugs, dishonesty, and disrespect for others or the law, provide evidence that an applicant might be unworthy of the public's trust to competently handle legal matters.