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Each state seeks to admit to the bar only persons with the qualities needed to be officers of the court. Thus, admissions officials conduct character and fitness investigations to ensure that applicants are ethical, law-abiding, honest, financially responsible, and mentally stable.
The Florida Bar of Bar Examiners has an excellent discussion of character and fitness issues in its Introduction to the Bar Admissions Process. Pages 3-11 of the Introduction discuss specific areas of concern as lack of candor, criminal records, financial irresponsibility, and untreated substance abuse and/or mental illness. This piece gives specific examples of problems that caused bar applicants to be rejected on character and fitness grounds.
To give state bar examiners the best opportunity to give you a favorable character and fitness evaluation, give them plenty of time to do their job. Start filling out the bar application for your chosen state at least a month before the initial deadline. Much of the information required for the character and fitness determination will take time to collect. If you have any negative information on your record, give yourself six months to collect all the necessary records. Be aware that the bar may also require you to provide certified copies of documents such as driving records, birth certificates, and military discharge records. Below are some common types of information required by state bars.
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All employment since age 16, paid and unpaid, including dates of employment, name and address of employer, position, and reason for leaving.
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All violations of state and local laws (some states even require disclosure of parking tickets).
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Full details of all legal proceedings in which you have been a party.
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All residences, permanent and temporary, in which you have lived since your 18th birthday.
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Any academic sanctions or discipline imposed by a post-secondary school, regardless of whether they were expunged or a record was made of them.
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Debts, including students loans, and their terms.
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Diagnosis or treatment for any emotional or mental disorder which might adversely affect your ability to practice law.
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Military records.
When in doubt, disclose. Don't split hairs to justify nondisclosure to yourself. For example, if you are unsure whether medical treatment for depression or anxiety falls under the state bar's request for information about mental conditions, or if you don't know whether a juvenile offense expunged from your record should be revealed in a request for criminal offenses, disclose it. Err on the side of openness. Even better, call the state bar and ask--and keep a record of the date, the person you talked with, and what you were told.
You can often seek an early determination of character and fitness. If you have any reason to fear a negative character and fitness evaluation (situations could include, for example, previous trouble with debt or money management, substance abuse, or convictions), be proactive. Contact the state bar early, preferably in your 2L year or in the first semester of 3L year, for an early character and fitness evaluation. Most state bars are happy to do such an evaluation early and it will lessen the burden on you in the period before the bar exam when your efforts should be focusing on bar review. If your state does not offer early determinations, apply early so the state can finish its investigation before the bar exam date.
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