When you begin to fill out law school applications, you will find that most, if not all, ask a series of questions in the general category of “character and fitness.” These questions have several purposes. Given the high ethical standards to which attorneys are held, law schools naturally want to know whether you’ve behaved in ways that might be considered problematic — for example, dishonesty, harming others, or potentially harming others in some way.
In some states, certain prior behaviors can prevent admission to the state bar. Law schools are required to let applicants know that they may not be admitted to the bar — even if they graduate from law school and pass the bar exam — and to inform applicants that it is their responsibility to research bar admission standards.
But most of all, schools are concerned about candor and patterns of negative behavior. It can’t be overstated: You must respond to these questions honestly and completely.
The Importance of Full Disclosure
You may have been advised by others, such as a parent, an academic advisor, a friend, or even an attorney, that you do not need to disclose a particular event. This advice is almost always incorrect. When you read “character and fitness” questions carefully, you will see that, unless schools explicitly exclude a particular kind of event, you are required to provide full and honest disclosure of anything encompassed by the question.
We’ve all heard the expression “The cover-up is worse than the crime,” and that is often true in this context. In most cases, the failure to disclose can have more negative effects than the event you failed to disclose. As stated on many law school applications:
“The failure to disclose an act or event such as the ones described below is often more significant and leads to more serious consequences than the act or event itself.”
For example, a single arrest or conviction for possession of marijuana is unlikely to pose a barrier to being admitted to law school, but failing to disclose it, for any reason, could cause far more serious problems down the road — possibly resulting in revocation of an offer of admission, dismissal from law school, or barriers to admission to the bar.
Types of “Character and Fitness” Questions
“Character and fitness” questions include ones about:
Prior or pending disciplinary proceedings at educational institutions, for academic or other reasons.
Prior enrollment at a law school.
Prior or pending discharge from employment, or a request to resign for disciplinary reasons.
Prior or pending disciplinary proceedings with respect to a professional or occupational license.
Prior or pending violations of law, including traffic violations. (Some schools require disclosure of detentions, arrests, formal accusations, and prosecutions; others only require disclosure of convictions; and still others do not require either.)
Having been named in any lawsuit, litigation, or judicial proceeding.
Separation from the U.S. armed forces or any foreign military under something other than honorable discharge.
Delinquency with respect to financial obligations.
Answering “Character and Fitness” Questions
While the questions asked by different law schools may be similar, they are not identical. It is critical that you read each question carefully and respond accurately to what has been asked.
In all cases, if you answer “Yes” to any “character and fitness” questions, you are required to provide a full explanation. If you fail to do so, the law school may choose not to continue to consider your application, or it may follow up with you.
It is important, when responding to a “character and fitness” question, that you provide the facts and any relevant explanation. It is equally important to take responsibility and avoid suggesting that you were framed or that the fault lies with someone other than yourself.
If you fail to disclose a required event, and the law school subsequently learns of the omission, your offer of admission may be rescinded. If you are already enrolled in law school when the failure to disclose comes to light, the school may terminate your enrollment. Further, you are under a continuing obligation to update your responses with any new information (for example, if you are subjected to disciplinary action of some kind after you submit your application), and this obligation continues throughout your enrollment at the law school.
Looking Ahead: Your State Bar Application
When you apply for admission to a state bar, you will be asked many of the same questions. If your answers differ from the ones you provided on your law school application, your admission to the bar may be delayed or even precluded.
It is worth noting that individuals convicted of very serious crimes have been admitted to the bar in some states. Some state bars are willing to consider factors that overcome the presumption that individuals convicted of crimes should not be permitted to practice law. These factors include whether the individual has paid their debt to society, has been rehabilitated, and has taken responsibility for their earlier behavior.
Questions?
If you are uncertain whether you should disclose a particular event, contact the admission office and ask that school. Don’t assume that the answer will be the same for every school. The bottom line is that it is critical to provide full and honest responses to every question on a law school application.