NORTH CAROLINA BOARD OF LAW
EXAMINERS
CHARACTER AND FITNESS
GUIDELINES
Every applicant shall have the burden of proving that the applicant possesses
the qualifications of character and general fitness requisite for an attorney and
counselor-at-law, and is possessed of good moral character and is entitled to
the high regard and confidence of the public.
The term "good moral character", includes but is not limited to the
qualities of honesty, fairness, candor, trustworthiness, observance of
fiduciary and personal responsibility and of the laws of North Carolina and of
the United States and a respect for the rights of other persons and things. The
term "fitness" includes but is not limited to, the mental or
emotional stability of the applicant to practice law in North Carolina.
In satisfying the requirements of good moral character and fitness, applicants
should be persons whose record of conduct justifies the trust of clients,
adversaries, courts and others with respect to the professional duties owed to
them and whose record demonstrates the qualities of honesty, trustworthiness,
diligence, responsibility and reliability.
The revelation or discovery of any of the following may be treated as cause for
further inquiry before the Board decides whether the applicant possesses the
requisite character and fitness to practice law. The foregoing is inclusive of
but not limited to:
1. Unlawful conduct.
2. Academic misconduct.
3. Making or procuring any false or misleading statement or omission
of relevant information including any false or misleading statement or omission
on the application for admission to a college or university, a law school, or
to the North Carolina Bar or any amendment or in any testimony or any sworn
statement submitted to the Board.
4. Misconduct in employment.
5. Acts involving dishonesty, fraud, deceit or misrepresentation.
6. Abuse of legal process.
7. Neglect of financial responsibilities.
8. Neglect of professional obligations.
9. Violation of an order of a Court, including failure to pay child
support.
10. Military Misconduct. A discharge other than
honorable.
11. Evidence of mental or emotional instability.
12. Evidence of drug or alcohol misuse, abuse or dependency.
13. Denial of admission to the Bar in any other jurisdiction on
character and fitness grounds.
14. Disciplinary action by a lawyer, disciplinary agency, or other
professional disciplinary agency of any jurisdiction.
15. Any other conduct which reflects adversely upon the character
or fitness of the applicant.
The Board has developed policies and procedures from many of the above-cited
examples of questionable conduct. These include but are not limited to:
A. Unlawful conduct:
The Board may
inquire into arrests even if no conviction resulted. There are many reasons why
arrests do not result in convictions, and many of them have no bearing on guilt
or innocence. The Board is authorized to inquire into all areas of possibly
relevant applicant misconduct. The applicant is required to report all
incidents, and to provide evidence of rehabilitation, if relevant, and evidence
of current good character. The occurrence of an acquittal or dismissal is
relevant, but is not dispositive of the issue. This is not to suggest that the
Board will assume that any arrest was due to guilty conduct on the part of an
applicant. The applicant’s obligation is to be completely forthright regarding
all matters about which the Board inquires.
If, at the time of
the application, criminal charges are pending against the applicant, the Board
will table the application until these charges are resolved. If a conviction
results in probation, restitution or some other sentence, the Board will not
consider the application until the sentence has been served and probation
completed. The Board will then proceed to investigate the facts and
circumstances that led to the criminal charges.
B. Making a false statement:
Dishonesty in
dealings with employers, schools (including applications for admission) and
authorities, including the Board of Law Examiners, is grounds for denial of bar
applications. Giving false information on the application or failing to be
entirely forthcoming and completely candid in the application process is a
serious error which will have negative consequences for an applicant. With
respect to non-disclosure on the law school application the Board will require
at a minimum evidence that the applicant has made full
disclosure of the erroneous or omitted information to the law school
administration together with the action if any taken by the law school.
C. Neglect of financial responsibilities:
The Board
recognizes that mishandling of client funds is a frequent and serious cause for
professional discipline. While admission to the bar does not require a perfect
credit record, the Board is interested in whether applicants have dealt
honestly and responsibly with their creditors, and whether they are doing so at
the time of application. Responsible dealings generally include but are not
limited to keeping in contact with the creditor, making payment arrangements,
and meeting the terms of those arrangements. If the applicant currently has
unpaid collections, judgments, liens, or charged off accounts, in the absence
of unusual mitigating circumstances, the Board considers it important that the
applicant demonstrate several months payments as agreed to show a good faith
effort to clear the debts.
If an applicant
has defaulted student loans, the Board may in its discretion hold the
application in abeyance until the applicant has made arrangements with the
lender(s) for repayment of the loan(s) and has made several months
consecutive and uninterrupted monthly payments pursuant to the plan agreed to
by the lender(s). Any arrearage in child support must be paid before an
applicant will be certified by the Board.
D. Evidence of mental impairment:
Evidence of mental
impairment, including evidence of impairment due to psychiatric conditions, is
one of the factors about which the Board must inquire in determining the
applicant’s fitness to practice law. Board members recognize that the stresses
of law school, as well as other life factors, frequently result in applicants
seeking psychiatric or psychological counseling. The Board encourages any
applicant to obtain such counseling or treatment when potential benefits might
accrue. The applicant should not allow the bar application process to deter
them from obtaining treatment or counseling when potential benefits might
accrue. Applicants should be aware that the Board looks favorably on
applicants’ self-recognition of their need for treatment and appropriate
utilization of professional services.
E. Drug or alcohol dependency:
Evidence of
impairment due to drug or alcohol dependence or abuse is a factor that must be
considered by the Board in determining the applicant’s fitness to practice law.
The applicant should be prepared to provide treatment records as well as other
records of incidents which were associated with any impairment. The Board may
require applicants to obtain a drug or alcohol evaluation from a licensed
professional recommended by the Board.
An applicant who
has a problem with drugs or alcohol is strongly encouraged to get the
counseling or treatment needed as soon as possible. If the applicant has been
impaired due to chemical dependency or abuse, the applicant’s recognition of
the problem and the treatment record will be important positive evidence of
rehabilitation, regardless of the seriousness of any misconduct which may have
arisen from the chemical dependency.
F. Evidence of Rehabilitation
The Board shall
determine whether the character and fitness of an applicant qualify the
applicant to take the North Carolina Bar Examination or to be admitted by
comity. In making this determination, the following factors should be
considered in assigning weight and significance to prior conduct:
1. The applicant's age at the time of the conduct.
2. The recency of the conduct.
3. The reliability of the information concerning the conduct.
4. The seriousness of the conduct.
5. The factors underlying the conduct.
6. The cumulative effect of the conduct or information.
7. The applicant's candor in the admissions process.
8. The materiality of any omissions or misrepresentations.
9. The evidence of rehabilitation and the applicant's positive
social contributions since the conduct.
Evidence of
rehabilitation is one of the main factors the Board uses to determine whether
past problems should lead to denial of an application. Under Rule .0601 of the
Board’s Rules, every applicant has the burden of proving that the applicant
possesses the qualifications of character and general fitness requisite for an
attorney and counselor-at-law and is possessed of such good moral character as
to be entitled to the high regard and confidence of the public. An applicant
who asserts rehabilitation from prior misconduct which bears adversely upon the
applicant’s character and fitness shall be required to produce clear and
convincing evidence of such rehabilitation, which may include but are not
limited to the following elements:
1. Absence of recent misconduct
2. Strict compliance with the specific conditions of any
disciplinary, judicial, administrative or other order, where applicable
3. Impeccable character and moral standing in the community
4. Good reputation for professional ability, where applicable
5. Sufficiency of the punishment including payment of fines and
restitution made; including the restitution of funds or property, where
applicable
6. Applicant's current attitude about prior offenses (acceptance or
responsibility and renunciation of past wrongdoing and remorse)
7. Lack of malice and ill feeling toward those who by duty were
compelled to bring about the disciplinary, judicial, administrative or other
proceeding
8. Personal assurances, supported by corroborating evidence, of a
desire and intention to conduct one's self in an exemplary fashion in the
future
9. Applicant's constructive activities and accomplishments
subsequent to the criminal conviction
10. Applicant's candor, sincerity and full disclosure in character
and fitness proceedings
11. Positive actions beyond those one would do for self benefit
including but not limited to working as a guardian ad litem,
volunteering on a regular basis with shelters for the homeless or victims of
domestic violence or maintaining substantial involvement in other charitable,
community or educational organizations whose value system, overall mission and
activities are directed to good deeds and humanitarian concerns impacting a
broad base of citizens
12. Demonstration of the applicant's
understanding of the responsibility to the administration of justice and
the practice of law
Merely showing
that an individual is now living as and doing those things that this person
should have done throughout life, although necessary to prove rehabilitation,
does not prove that the individual has undertaken a useful and constructive
place in society. The requirement of a positive action is appropriate for
applicants for admission to the bar because service to one’s community is an
implied obligation to members of the Bar.
The Board will not
consider witness testimony or evidence offered by a witness in support of the
applicant on any issue listed above unless the witness has been fully informed
of the misconduct before offering the evidence.
FOOTNOTE: These
character and fitness guidelines were based on the recommendations by the
American Bar Association, the National Conference of Bar Examiners and
Association of American Law Schools in the Code of Recommended Standards for
Bar Examiners as well on the decision and procedures used in other states.
Adopted October
18, 2001