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Rethinking The Character And Fitness Inquiry, Leslie Levin
Rethinking The Character And Fitness Inquiry, Leslie Levin
Faculty Articles and Papers
The bar’s character and fitness inquiry seeks to protect the public. As part of this inquiry, bar applicants are required to produce detailed information about their past histories. The rationale for this inquiry is that this information can be used to identify who will subsequently become a problematic lawyer. Bar applicants bear the burden of providing their “good” character even though there is little evidence that past conduct predicts who will become a problematic lawyer. This article looks at psychological and other research that attempt to identify factors that might predict future misconduct in the work place. It also reports …
The Folly Of Expecting Evil: Reconsidering The Bar's Character And Fitness Requirements, Leslie Levin
The Folly Of Expecting Evil: Reconsidering The Bar's Character And Fitness Requirements, Leslie Levin
Faculty Articles and Papers
The bar's character and fitness requirement is based on the largely untested premise that an applicant's past history helps predict whether that individual possesses the moral character needed to be a trustworthy lawyer. The primary purpose of the character inquiry is to protect the public and the judicial system from potentially problematic lawyers.The inquiry may also signal to the public that lawyers possess "good character" and deserve to be trusted with their important legal matters, thereby facilitating client representation and the administration of justice. An alternative-and more critical characterization of this purpose is that it is designed to protect the …