FROM Law is a challenging discipline that

involves the ability to analyze, reason andcommunicate. The study and practice oflaw is rigorous and often stressful.However, a law degree can open manydoors to a rewarding career in business,practice, government, teaching or publicservice. Because the practice of lawinvolves a public trust, persons seeking to become lawyers must not only passrigorous written examinations, they mustalso satisfy bar authorities that they havethe requisite moral character and personalfitness to enter the profession.

THE CHARACTER AND FITNESSREQUIREMENT

Applicants for admission to the bar must show thatthey possess the personal qualities required topractice law and have the necessary character tojustify the trust and confidence that clients, the public and the legal system will place in them. In New York, the Appellate Division Committees onCharacter and Fitness in each Judicial Departmentreview applicants’ past conduct to ensure that theyare honest, trustworthy, diligent and reliable. Conductthat raises concern about an applicant’s character orfitness may cause the Committees to investigatefurther. No applicant for admission may be admittedto practice absent a certification from the appropriateCommittee that the applicant possesses the necessarycharacter and fitness to practice. Consequently, if youhave a history of conduct that may indicate aproblem, you should seek further information andassistance from one of the resources listed below, oryour school’s Student Services Office.

Shortly after the bar examination, the State Board of Bar Examiners sends to the Supreme Court,Appellate Division, in each of the four judicialdepartments, a list containing the names and

TO

addresses of the applicants from that departmentwho passed the examination. Each department thensends forms to each applicant on its list in order toexpedite the admission process by permitting theapplicants to complete and file the forms prior toreceipt of the results of the examination. These forms require applicants to provide extensiveinformation about their personal backgrounds,including employment history and encounters withlaw enforcement.

CONDUCT THAT MAY BE CAUSE FOR CONCERN

Members of Character and Fitness Committeestypically consider the following conduct as cause for further inquiry before making arecommendation to the Appellate Division regarding character and fitness:

Ø Unlawful conduct (even conduct that you mayconsider minor – including speeding or other traffic infractions, underage offenses, alcoholconsumption or drug charges, disorderly conductand other offenses)

Ø Academic or employment-related misconduct

Ø Acts involving dishonesty, fraud, deceit, ormisrepresentation

Ø Neglect of financial responsibilities or professional obligations

Ø Violation of a court order (child support, restrainingorders, or other disobedience of court directives)

Ø Conduct evidencing mental or emotional instability

Ø Conduct evidencing drug or alcohol abuse oraddiction (open bottle, DWI, or underage drinkingcharges)

These are grounds for further inquiry but do not mean that your application for admission willnecessarily be denied. If you have engaged in anyconduct of serious concern, you should seek moreinformation on the requirements from theappropriate Appellate Division.

“Membership in the bar is a

privilege burdened with conditions…

a fair private and professional character is one

of them… compliance

with thatcondition is

essential at the moment of

admission; but itis equallyessential

afterwards.”—Judge Benjamin N. Cardozo

Are you fitto be a lawyer?

THE IMPORTANCE OF HONEST DISCLOSURE

"We know that thousands of people in New York'slegal community are suffering from the effects ofalcohol or substance dependency, including not onlypracticing lawyers but also judges and law students.As a profession, we owe it to the public, we owe it toone another to develop comprehensive programs toreach those who are at risk and get them the helpthat can make all the difference in the world."

— Chief Judge Judith S. Kaye

Law schools require applicants to be completelyforthcoming about their backgrounds and todisclose behavior that may have a bearing on theirqualifications to study law and their character andfitness to become members of the legal profession.Failure to disclose information on a law schoolapplication may have serious consequences,including discipline, expulsion, and reporting to barauthorities. Most law schools require verificationand ongoing updating of information provided onthe law school application. Misrepresentations in alaw school application can also be grounds fordenial of admission to the bar.

Full disclosure is also required by the AppellateDivision Departments and the Committees onCharacter and Fitness when applying for admissionto the bar. Application questions must be answeredhonestly and completely. Failure to candidly discloseinformation or any false statement is takenseriously and may result in denial of admission,even if the undisclosed conduct would notnecessarily have resulted in denial of admission.Failure to disclose or false statements discoveredafter admission to practice may result in therevocation of your license to practice law.

SIGNIFICANCE ATTACHED TO PASTBEHAVIOR BY BAR AUTHORITIES

In New York, an applicant’s prior conduct may beassessed in light of the following factors:

Ø Applicant’s age at the time of the conduct

Ø Recency of the conduct and the reliability of theinformation concerning the conduct

Ø Seriousness of the conduct

Ø Cumulative effect of the conduct or information

Ø Evidence of rehabilitation

Ø Positive social contributions since the conduct

Ø Candor in the admissions process

Ø Materiality of omissions or misrepresentations

ALCOHOL OR DRUG ABUSE,ADDICTION AND MENTAL HEALTH

Neither receiving treatment for alcoholism, drugaddiction or mental health concerns, nor the status ofbeing a recovering alcoholic or recovering addict aregrounds for denial of admission to the bar.

In New York, the focus of the inquiry is onwhether chemical abuse or addiction or a mentalhealth condition impairs the applicant’s currentability to practice law. The bar application askswhether the applicant has “any mental or emotionalcondition or substance abuse problem that couldadversely affect” the “capability to practice law”, andwhether the applicant is “currently using any illegaldrugs.”While honesty in disclosing past conduct (forexample, arrests and convictions) is essential,disclosure of past treatment is not required. Noquestions are asked about past treatment. TheCommittees encourage law students who areexperiencing drug, alcohol or other addiction ormental health issues to address those issues as soonas possible, regardless of when the student plans toseek admission to the bar.

ADVISORY OPINIONS

In New York, any person who is a matriculated studentin an approved law school, or who has applied for admission to such a law school, and whohas previously been convicted of a felony ormisdemeanor, or suspended, removed or dismissedfrom public office or employment, or dishonorablydischarged from the armed services of the UnitedStates, may petition the Appellate Division of the NewYork State Supreme Court of the department in whichsuch person resides or is employed full-time, for anadvance ruling as to whether such conviction,suspension, removal or dismissal from public office oremployment, or dishonorable discharge, wouldoperate to disqualify the petitioner, on charactergrounds, from being admitted to practice as anattorney and counselor at law in this State.

For more information on advisory opinions,contact your law school’s Admissions or StudentServices Office or the Appellate Division Departmentdirectly.

CONDITIONAL ADMISSION

In New York, there is no formal process for conditionaladmission. However, if you are applying for admissionelsewhere, you should know that in some states, if thebar admission authorities have concerns aboutwhether an applicant will continue to be fit to practice(for example, in cases of recent treatment), anapplicant may be conditionally admitted to practice.

Conditional admission typically requires theapplicant to comply with the specified requirements(such as continuing treatment, continued sobriety orcredit counseling) for some period of time afterconditional admission.

RESOURCES

Rules governing admission to the bar vary by state. If you have questions about bar admissionrequirements, contact the office of the baradmissions in the state in which you plan to be admitted.

For New York Bar: Visit www.nybarexam.org

For the admission rules of other states:The bar admission officials for each state are listedin the Comprehensive Guide to Bar AdmissionRequirements, available at the publications tab atwww.ncbex.org.

Resources at your law school:

Ø Counseling Service

Ø Dean of Students or other contact

Confidential resources for chemical abuse oraddiction and mental health concerns:

Ø New York State Bar Association Lawyer Assistance ProgramDirector Patricia Spataro (800) 255-0569 pspataro@nysba.org

Ø New York City Bar Association Lawyer Assistance ProgramDirector Eileen Travis (212) 302-5787 etravis@nycbar.org

Many local or specialty bar associations, particularlyin larger communities, also offer confidentialassistance for lawyers and law students withsubstance abuse or mental health concerns. Youneed not be a bar association member to takeadvantage of these free, confidential services. Forlinks to many of these bar associations, seewww.nysba.org/lap

Resources regarding career satisfaction, mental andchemical health, balance and other quality of lifeissues are available on the following websites:Ø www.nysba.org/lapØ www.nycbar.org/LawyersAssistance/index.htmØ www.abanet.org/legalservices/colap

Cover image of Lady Justice from the collection of the

Rochester Public Library Local History Division.

A publication of the New York State Lawyer Assistance Trustwww.nylat.org