Becoming a Lawyer: The Moral Application

Re: Becoming a Lawyer: The Moral Application

Not sure I understand you here. There's no moral background check in order to go to law school. You must mean the character and fitness review that most states require along with the bar application, right?

Actually, your credit problems would probably be more of a handicap than the exotic dancing (I have no idea what a 5150 lockup is). All states have different rules, and I don't know what state you're in, so I'll just pick one at random. The Ohio bar lists the following factors considered in making a character and fitness determination for bar applicants (.pdf):

1) commission or conviction of a crime;
2) evidence of an existing and untreated chemical (drug or alcohol) dependency;
3) commission of an act constituting the unauthorized practice of law;
4) violation of the honor code of the applicant's law school or any other academic misconduct;
5) evidence of a mental or psychological disorder that in any affects or, if untreated, could affect the applicant's ability to practice law in a competent and professional manner;
6) a pattern of disregard of the laws of Ohio, another state, or the United States;
7) failure to provide complete and accurate information concerning the applicant's past;
8) false statements, including omissions;
9) acts involving dishonesty, fraud, deceit, or misrepresentation;
10) abuse of legal process;
11) neglect of financial responsibilities;
12) neglect of professional obligations;
13) violation of an order of a court;
14) denial of admission to the bar in another jurisdiction on character and fitness grounds; and
15) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction.

It also takes the following factors into consideration:

1) age of the applicant at the time of the conduct;
2) recency of the conduct;
3) reliability of the information concerning the conduct;
4) seriousness of the conduct;
5) factors underlying the conduct;
6) cumulative effect of the conduct;
7) evidence of rehabilitation;
8) positive social contributions of the applicant since the conduct;
9) candor of the applicant in the admissions process; and
10) materiality of any omissions or misrepresentations.

Other states will use their own criteria, but I imagine that they will all be similar to the ones above.

Commission of crimes and financial irresponsibility are red flags, but they can be mitigated by such things as your age and your efforts to turn your life around. Leaving a job without giving notice is so minor a breach of convention that it hardly rates mentioning. Likewise, your exotic dancing, I presume, is a legal profession, so I'm not sure you'd even need to divulge it. If you're not breaking the law, then exotic dancing is just as respectable a job as being a cabbie or an accountant or even a lawyer.

Joe - 5150 lockup, essentially it's an involuntary psychiatric confinement under the California Welfare and Institutions Code, see: http://boards.aetv.com/thread.jspa?threadID=500011016&start=30 (look for the post made at 11:23 AM)

See also: http://www.anthonyvitti.com/hiphopdictionary1.html (just search for 5150)

Wikipedia: http://en.wikipedia.org/wiki/5150_(Involuntary_psychiatric_hold)
FindLaw (text of the code): http://caselaw.lp.findlaw.com/cacodes/wic/5150-5157.html

Lil Kitty--

Do you report your earnings as an exotic dancer to the IRS? If so, that makes it "respectable".

Thanks. That sort of thing would probably need to be disclosed. But again, anything that may affect your character and fitness can be mitigated by extenuating circumstances.

I should also add that some states require a bar applicant to list all jobs that the applicant has held since turning 21 -- see, for example, this application to the New York bar (.pdf). The California bar similarly requires each applicant to list all jobs held since the applicant's 18th birthday that lasted longer than six months (application for determination of moral character form (.pdf)).

Obviously, if the bar requires you to list your jobs, then you must list your exotic dancing job. I doubt, however, that having that on your application would disqualify you from being admitted to the bar. As far as I can recall, there has been only one person in recent Illinois history who was prevented from becoming a lawyer due to failing his character and fitness review -- and he was a jailed neo-Nazi leader who had threatened the life of a judge. So it takes quite a lot to get rejected on character and fitness grounds.