18 Va. Admin. Code § 35-10-30

Current through Register Vol. 41, No. 8, December 2, 2024

Section 18VAC35-10-30 - Character requirements

A. No person shall be licensed to practice law in Virginia by the Virginia Board of Bar Examiners unless such person first produces evidence satisfactory to the board that the applicant is a person of honest demeanor and good moral character and possesses the requisite fitness to perform the obligations and responsibilities of a practicing attorney. The applicant has the burden to prove by clear and convincing evidence that he possesses these qualifications. If an applicant fails to answer any question on the Character and Fitness Questionnaire or which is otherwise propounded by the board, or to supply any requested documentary material, the board may find that the applicant has not met the burden of proving his good moral character.

B. The primary purposes of character and fitness screening before admission to the Virginia bar are to assure the protection of the public and safeguard the system of justice. An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may constitute a basis for denial of admission. The revelation or discovery of any of the following may be treated as cause for further inquiry before the board decides whether the applicant possesses the character and fitness to practice law:

1. Commission or conviction of a crime;

2. Violation of the honor code of the applicant's college or university, law school, or other academic misconduct;

3. Making of false statements or omissions, including failing to provide complete and accurate information concerning the applicant's past;

4. Misconduct in employment;

5. Other than an honorable discharge from any branch of the armed services;

6. Acts involving dishonesty, fraud, deceit or misrepresentation;

7. Abuse of legal process;

8. Neglect of financial responsibilities;

9. Neglect of professional obligation;

10. Violation of an order of a court;

11. Evidence of mental or emotional instability;

12. Evidence of an existing and untreated drug or alcohol dependency;

13. Denial of admission to the bar in another jurisdiction on character and fitness grounds;

14. Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction, including pending, unresolved disciplinary complaints against the applicant;

15. Commission of an act constituting the unauthorized practice of law, or unresolved complaints involving allegations of the unauthorized practice of law; or

16. Any other conduct which reflects adversely upon the character or fitness of an applicant.

C. The board shall determine whether the present character and fitness of an applicant qualify the applicant for admission to the practice of law. In making this determination, the following factors will be considered in assigning weight and significance to the applicant's prior conduct:

1. Age of the applicant at the time of the conduct;

2. Recency of the conduct;

3. Reliability of the information concerning the conduct;

4. Seriousness of the conduct;

5. Factors underlying the conduct;

6. Cumulative effect of the conduct or information;

7. Evidence of rehabilitation;

8. Positive social contributions of the applicant since the conduct;

9. Candor of the applicant in the admissions process; and

10. Materiality of any omissions or misrepresentations.

D. Each applicant must file with the board a completed character and fitness questionnaire and pay the required character investigation fee. Applicants may submit their character and fitness questionnaires as soon as they begin their second semester of law school and are encouraged to file their questionnaires as early as possible. Any applicant who believes he may have a character or fitness problem should file early so that such potential problem may be resolved as soon as practicable. The investigation fee shall be set from time to time by the board. The current fee schedule is available from the Office of the Secretary of the board.

18 Va. Admin. Code § 35-10-30

Derived from VR168-01-02 § 1.3, eff. October 1, 1993.

Statutory Authority

§§ 54.1-3922 and 54.1-3925.1 of the Code of Virginia.