Rule 401 - Character and Fitness (a) Duties of Applicant. Every applicant must produce satisfactory evidence of good moral character and an adequate knowledge of the standards and ideals of the profession and that such person is otherwise fit to practice law within the State of Wyoming. The applicant shall have the burden of proving that the applicant is possessed of good moral character and is fit to practice law. It shall be the duty of every applicant to cooperate in good faith with any investigation by promptly furnishing written or oral explanations, documents, releases, authorizations, or anything else reasonably required by the Admissions Director, Bar Counsel or the Committee consistent with these rules. Failure to appear as directed or to furnish additional proof or answer as required or to cooperate fully shall be sufficient reason for the Committee to recommend the denial of an application. (b) Purposes of Character and Fitness Screening. The primary purposes of character and fitness screening before admission to the Bar are to assure the protection of the public and safeguard the justice system. The Committee shall not recommend an applicant be admitted to practice law if the Committee believes that such applicant would, if admitted to practice law in Wyoming, be unable or unwilling to act in accordance with the standards set forth in the Wyoming Rules of Professional Conduct, and to act fairly, honestly, reasonably and with unquestionable integrity in all matters in which he or she acts as an attorney at law. (1) Good moral character includes but is not limited to a record of conduct manifesting the qualities of honesty, candor, trustworthiness, observance of fiduciary responsibilities, adherence to the law, and a respect for the rights of other persons and the judicial process. (2) Fitness to practice law includes but is not limited to a record of conduct that establishes that the applicant meets the essential eligibility requirements for the practice of law. The essential eligibility requirements for the practice of law are: (A) The ability to exercise good judgment and to conduct oneself with a high degree of honesty, integrity and trustworthiness in financial dealings, legal obligations, professional relationships, and in one's professional business; (B) The ability to conduct oneself in a manner that engenders respect for the law and adheres to the Wyoming Rules of Professional Conduct; (C) The ability to diligently, reliably, and timely perform legal tasks and fulfill professional obligations to clients, attorneys, courts and others; (D) The ability to competently undertake fundamental lawyering skills such as legal reasoning and analysis, recollection of complex factual information and integration of such information with complex legal theories, problem solving, and recognition and resolution of ethical dilemmas; and (E) The ability to communicate comprehensibly with clients, attorneys, courts, and others. (c) Factors Considered. The following factors shall be considered when determining an applicant's good moral character and fitness to practice law: (3) Making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the application for admission to the Bar, or any amendment, or in any testimony or sworn statement submitted to the Board or the Committee; (4) Misconduct in employment; (5) Acts involving dishonesty, fraud, deceit or misrepresentation; (6) Abuse of legal process; (7) Neglect of financial responsibilities; (8) Neglect of professional obligations; (9) Violation of an order of a court; (10) Conduct demonstrating an inability to meet one or more essential eligibility requirements for the practice of law; (11) Conduct that physically threatens or harms another person; (12) Denial of admission to the bar in this or another jurisdiction on character and fitness grounds; (13) Disciplinary action by the lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; (14) Conduct evidencing current mental or emotional instability that may interfere with the ability to practice law; (15) Conduct evidencing current drug or alcohol dependence or abuse that may interfere with the ability to practice law; and (16) Any other conduct which reflects adversely upon the good moral character or fitness of the applicant to practice law. (d) Prior Conduct-Aggravating and Mitigating Factors. In making the determination on character and fitness of each applicant, the following factors should be considered in assigning weight and significance to prior conduct of the applicant: (1) The applicant's age at the time of the conduct; (2) The recency of the conduct; (3) The reliability of the information concerning the conduct; (4) The seriousness of the conduct; (5) The factors or circumstances underlying the conduct; (6) The cumulative effect of the conduct or information; (7) The evidence of rehabilitation; (8) The applicant's positive social contributions since the conduct; (9) The applicant's candor in the admissions process; (10) The materiality of any omissions or misrepresentations. (11) An applicant who affirmatively asserts rehabilitation from prior conduct must produce evidence of rehabilitation which may include, but is not limited to, the following: (A) compliance with the specific conditions of any disciplinary, judicial, administrative, or other order, where applicable; (B) good character and moral standing in the community; (C) good reputation for professional ability, where applicable; (D) lack of malice and ill feeling toward those who, by duty, were compelled to bring about the disciplinary, judicial, administrative, or other proceeding; (E) personal assurances, supported by corroborating evidence, of a desire and intention to conduct one's self in an exemplary fashion in the future; (F) restitution of funds or property, where applicable; (G) positive action showing rehabilitation by occupation, community service or civic service; and (H) any other evidence which reflects rehabilitation of the applicant. (e) Non-Discrimination Policy. In determining good moral character and fitness to practice law, the Committee shall not discriminate against any applicant on the basis of: (1) Race, color or ethnic identity; (2) Gender or gender identity; (6) Political beliefs or affiliation; (7) Sensory, mental or physical disability; (10) Any other class protected under state or federal law. Wyo. R. State Bar, Att'y Cond. & Prac. 401
Amended August 27, 2014, effective October 1, 2014; March 6, 2016; effective April 15, 2016; amended March 13, 2018, effective June 1, 2018.