Learning Outcomes
After reading this article, you will be able to identify the requirements for admission to the legal profession, explain the character and fitness evaluation, and recognize prohibited conduct during the bar application process. You will also understand the consequences of misrepresentation and the role of lawyers in reporting relevant information, preparing you to answer MPRE questions on admission to practice.
MPRE Syllabus
For the MPRE, you are required to understand the rules and principles governing entry into the legal profession. This includes the standards for admission, the application process, and the ethical duties of both applicants and lawyers providing information. You should be able to:
- Explain the educational, knowledge, and character requirements for bar admission.
- Identify prohibited conduct during the application process, including misrepresentation and omission.
- Recognize the consequences of false statements or failure to disclose material facts.
- Understand the duty of lawyers to provide truthful information about applicants.
- Apply the rules regarding Fifth Amendment privilege in the application context.
- Distinguish between permissible and impermissible questions or requirements for bar admission.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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Which of the following is NOT a valid ground for denying admission to the bar?
- Failure to disclose a prior criminal conviction involving dishonesty.
- Conviction for a violent felony.
- Refusal to answer a bar application question by invoking the Fifth Amendment openly.
- Knowingly making a false statement of material fact on the application.
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An attorney is asked to write a recommendation for a bar applicant but has no personal knowledge of the applicant’s character. What should the attorney do?
- Write the letter based on the applicant’s assurances.
- Refuse to write the letter unless able to make an independent assessment.
- Write the letter based on information from a third party.
- Write the letter if the applicant has never been arrested.
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If a lawyer learns that a bar applicant has omitted a material fact on the application, what is the lawyer’s duty?
- Ignore the omission.
- Report the omission only if asked by the bar.
- Disclose the omission if not protected by confidentiality.
- Report the omission only if the applicant is a relative.
Introduction
Admission to the legal profession is regulated by state authorities to ensure that only qualified individuals are licensed to practice law. The process involves meeting educational, knowledge, and character standards, as well as submitting a truthful and complete application. Both applicants and lawyers involved in the process have ethical duties to provide accurate information. Violations can result in denial of admission or later disciplinary action.
Key Term: Admission to the Profession
The process by which an individual becomes licensed to practice law, requiring satisfaction of educational, examination, and character standards set by the jurisdiction.
Requirements for Admission
To be admitted to practice law, an applicant must satisfy several requirements:
- Education: Most jurisdictions require graduation from an ABA-accredited law school. Some states may accept other forms of legal education, but this is rare.
- Knowledge: Passing a bar examination is mandatory in nearly all states. Some states allow admission on motion for experienced attorneys from other jurisdictions.
- Character and Fitness: Applicants must demonstrate good moral character and general fitness to practice law. This includes an evaluation of past conduct, honesty, and respect for the law.
Key Term: Character and Fitness
The assessment of an applicant’s honesty, trustworthiness, and suitability to practice law, based on past conduct and current reputation.
The Application Process
Applicants must submit a detailed application disclosing all relevant information, including prior criminal convictions, disciplinary actions, and other matters affecting character. The process is designed to ensure transparency and protect the public.
Prohibited Conduct
Applicants are prohibited from:
- Knowingly making a false statement of material fact.
- Failing to correct a known misapprehension.
- Failing to respond to a lawful demand for information, unless protected by confidentiality rules.
Key Term: False Statement of Material Fact
Any intentional misrepresentation or omission of information that is significant to the bar admission process.
Fifth Amendment Privilege
An applicant may invoke the Fifth Amendment privilege against self-incrimination when responding to bar application questions. However, the privilege must be asserted openly; simply omitting information is not permitted.
Role of Lawyers in the Admission Process
Lawyers may be asked to provide information about applicants, such as writing recommendation letters or responding to bar inquiries. Lawyers must not:
- Knowingly make false statements about an applicant.
- Fail to disclose a material fact necessary to correct a misapprehension, unless protected by confidentiality.
Key Term: Duty to Report in Admission
The obligation of lawyers to provide truthful and complete information to bar authorities regarding an applicant’s fitness to practice, unless protected by confidentiality.
Consequences of Misconduct
Violations of the rules during the admission process can result in:
- Denial of admission to the bar.
- Disciplinary action after admission if misconduct is discovered later.
- Potential criminal liability for perjury or fraud.
Permissible and Impermissible Admission Requirements
States may not impose requirements that violate constitutional protections, such as U.S. citizenship or state residency. However, requirements related to education, examination, and character are generally upheld.
Worked Example 1.1
An applicant for bar admission fails to disclose a prior conviction for theft, believing it was expunged and therefore irrelevant. The bar later discovers the omission. Is the applicant subject to denial of admission?
Answer:
Yes. Failure to disclose a material fact, such as a prior conviction involving dishonesty, is grounds for denial of admission, even if the conviction was expunged. The duty to disclose applies to all relevant information unless specifically exempted.
Worked Example 1.2
A lawyer is asked to write a character reference for a bar applicant but has never met the applicant. The applicant’s parent assures the lawyer that the applicant is honest and reliable. May the lawyer write the letter based solely on the parent’s assurances?
Answer:
No. A lawyer must make an independent assessment before providing a character reference. Writing a letter without personal knowledge or investigation is improper.
Exam Warning
On the MPRE, questions may test whether a lawyer’s failure to disclose negative information about a bar applicant is excused by confidentiality. Remember, the duty to report applies unless the information is protected by the duty of confidentiality or attorney-client privilege.
Revision Tip
Focus on the difference between failing to disclose and actively making a false statement. Both can result in denial of admission or discipline, but the duty to report is limited by confidentiality rules.
Key Point Checklist
This article has covered the following key knowledge points:
- Admission to the profession requires meeting educational, examination, and character standards.
- Applicants must provide complete and truthful information on bar applications.
- Knowingly making false statements or omitting material facts can result in denial of admission or discipline.
- Lawyers must provide honest information about applicants and cannot make statements without personal knowledge.
- The Fifth Amendment privilege must be invoked openly, not by omission.
- States cannot require U.S. citizenship or residency as a condition for admission.
- The duty to report is limited by confidentiality and privilege.
Key Terms and Concepts
- Admission to the Profession
- Character and Fitness
- False Statement of Material Fact
- Duty to Report in Admission