What You Need to Know About Character and Fitness
If you are in the process of becoming an attorney in Michigan, you must meet the standard for character and fitness to practice law.
What is the character and fitness to practice law requirement?
Lawyers hold a unique position of trust within the community. As a result, applicants must possess the requisite character and fitness to practice law, meaning the applicant has the “good moral character” needed to obtain a law license. All applicants have their credentials reviewed by the Character & Fitness Committee to ensure they meet the character and fitness requirements. This process begins when an applicant submits an Affidavit of Personal History (APH).
The APH is a comprehensive questionnaire comprised of 58 questions pertaining to an applicant’s identification, background, education, employment history, school discipline, business involvement, participation in civil litigation, financial history, general fitness, history of mental health and substance dependency, and criminal history. Suppose you have blemishes in your personal or academic history. In that case, it is critical you seek the advice of a skillful and experienced attorney who can review your application before you submit your APH to the State Bar of Michigan.
While an applicant’s candor is necessary, particular disclosures may raise questions about an applicant’s character and fitness to practice law.
District Committee Hearing
Once the APH has been submitted, the State Bar of Michigan will conduct its own investigation. If an applicant passes the bar exam but the State Bar has questions relating to the applicant’s APH, an applicant will receive an unofficial score, which generally requires the applicant to participate in a district committee hearing. The applicant will receive a letter of issues the State Bar wants the applicant to address.
The district committee hearing is comprised of three attorneys from the applicant’s county of residence. The applicant has the burden of proving by clear and convincing evidence they possess the requisite character and fitness to practice law. Applicants should be prepared to address the issues highlighted in their letter candidly.
The district committee hearing is recorded. After the hearing’s conclusion, the district committee issues a written recommendation to the applicant. The recommendation can be either positive or negative.
Standing Committee Hearing
If the district committee determines the applicant has not shown by clear and convincing evidence that they possess the requisite good character and fitness to be recommended for admission to the bar, the applicant can appeal to the standing committee.
If a hearing is necessary, the applicant will receive a letter advising them of the hearing date and procedures. The standing committee hearing is more formal than the district committee hearing and is generally comprised of six attorneys. It is adversarial.
The applicant will undergo direct examination by their attorney if they have one. Applicants can present evidence, character witnesses, character letters, and fact witnesses in support. Representing at the standing committee hearing is in the applicant’s best interests.
After direct examination, the State Bar of Michigan’s attorney will cross-examine the applicant and the applicant’s witnesses. Other panel members might also ask questions about the applicant and their respective witnesses. The lengthiest questioning will come from the applicant as they will need to testify to their good moral character. Depending on the complexity of the issues presented, a hearing can span several days. However, hearings that require more than one day are rarely scheduled consecutively.
Similar to trial, closing statements are then made. The standing committee members will then go into a private session to discuss the presented testimony and proof and determine whether an initial decision can be made. If so, the standing committee will tell the applicant orally that there is a finding that they possess the requisite character and fitness to practice law, and the Board of Law Examiners should support the decision. After the conclusion of the hearing, the panel will issue a written recommendation.
“Who decides whether I have the good moral character and fitness to practice law?”
The Michigan Board of Law Examiners decides whether an applicant should be admitted to practice law. This decision can take several months because the Board only meets once every four to six weeks. If there are no objections, the Board of Law Examiners will accept the standing committee’s recommendation, and the applicant will receive notification of good moral character and fitness. Once received, the applicant can seek to be sworn into the State Bar if they initially passed the bar exam. If the applicant did not pass the bar exam, they can proceed with scheduling to retake it. The certification of character and fitness clearance is valid for three years.
The Importance of Context and Empathy in Character and Fitness Evaluations
While the character and fitness evaluation process for prospective lawyers is designed to ensure that only those with “good moral character” are admitted to practice, it’s crucial to consider the broader context of applicants’ lives and experiences. This section delves into why context and empathy should play a more significant role in evaluating character and fitness for legal practice.
Understanding the Influence of Context
Choices made by individuals, especially during their youth or under challenging circumstances, do not always reflect their true character or potential as professionals. Various external factors, such as socioeconomic conditions, cultural influences, and systemic barriers, can significantly shape an individual’s decisions. For instance, someone growing up in a disadvantaged environment may face pressures and challenges that others do not, leading to decisions that might be viewed negatively out of context. It is essential to acknowledge these influences and understand that past mistakes do not necessarily predict future behavior.
The Role of Empathy in Evaluations
Empathy in the evaluation process means recognizing the human capacity for growth, change, and redemption. An empathetic approach would involve looking beyond binary categories of “good” or “bad” character and instead focusing on the individual’s journey and efforts to overcome past challenges. This perspective aligns with the idea of moral resilience, which emphasizes an individual’s ability to navigate ethical dilemmas and grow from their experiences.
Mental Health Considerations
Mental health is a critical aspect that often intersects with character and fitness evaluations. The legal profession is known for its high stress, long hours, and competitive nature, which can significantly impact mental health. A more compassionate evaluation process would consider an applicant’s mental health history and current well-being, offering support rather than punishment for past struggles. This approach not only fosters a healthier legal community but also encourages openness and honesty among applicants.
Moving Towards a Holistic Approach
A holistic approach to character and fitness evaluations would include standardized criteria to reduce subjectivity and bias, transparent guidelines for the evaluation process, and a focus on continuous ethical development. This method recognizes that individuals are not defined by their worst moments and that everyone has the potential for growth and improvement. By prioritizing empathy, understanding, and support, the legal profession can uphold its integrity and professionalism standards while being more inclusive and fair.
Michigan Character & Fitness Attorneys
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience representing clients in all types of criminal, administrative, and adversarial forums. If you need assistance completing an APH or are facing a character and fitness hearing, do not hesitate to contact us for the highest caliber of representation available. We will do whatever it takes to help you become a practicing attorney in Michigan. Call us for a free consultation and confidential case evaluation. We will take the time to talk with you, answer your questions, and work with you to develop a winning strategy.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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