Law School and California Moral Character Applications

I am applying to law school in California and have a “colorful past”- what should I expect?

You made it through undergrad, and now you are applying to law schools. You have a colorful past and maybe some contact with law enforcement. Or, you have been sued or sued someone in Civil Court. You begin to complete the law school applications, and here come the questions:

“Have you ever been convicted of a misdemeanor?”
“How have you ever been convicted of a felony?”
“Have you been arrested?”
“Have you been a party to a civil case?”

As the saying goes, “honesty is the best policy.” Do not try to cover up your past. Even worse, do not fail to disclose. This will only cause issues down the road when you then have to disclose this same type of information during the California Moral Character Application process. Carefully answering these application questions can mean you are accepted or not. Well-thought-out and thorough responses are not only encouraged, but they are expected.

I am completing California licensing requirements and need to complete my California Moral Character Application- what can I expect?

The Governing Law, the State Bar of California, utilizes to determine good moral character is a great starting point. Per the California State Bar website:

“Section 6060 of the Business and Professions Code states:

To be certified to the Supreme Court for admission and a license to practice law, a person who has not been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency or in a foreign country shall:

(a) . . .

(b) (1) Be of good moral character.

Section 6062(a) of the Business and Professions Code states:

(a) To be certified to the Supreme Court for admission and a license to practice law, a person who has been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency of the United States may hereafter acquire shall:

(1) . . .

(2) Be of good moral character.

A moral character determination is also required for applicants for the Multijurisdictional Practice program (Registered In-House Counsel (Cal. Rules of Court, rule 9.46(c)(2)); Registered Legal Aid Attorney (Cal. Rules of Court, rule 9.45(c)(2)); and Registered Military Spouse Attorney (Cal. Rules of Court, rule 9.41.1(c)(4)) and for the Registered Foreign Legal Consultant program (Cal. Rules of Court, rule 9.44(c)(2)), referred to as “special admissions.”

Title 4, Division 1, Chapter 4, Rule 4.40 of the Rules of the State Bar of California (Admissions Rules) states

(A) An applicant must be of good moral character as determined by the State Bar. The applicant has the burden of establishing that he or she is of good moral character.

(B) “Good moral character” includes but is not limited to qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, respect for and obedience to the law, and respect for the rights of others and the judicial process.

Rule 4.41(A) of the Admissions Rules states with respect to an Application for Determination of Moral Character:

An attorney who is suspended for disciplinary reasons or disbarred, has resigned with disciplinary charges pending, or is otherwise not in good standing for disciplinary reasons in any jurisdiction may not submit an application.”

Just like the law school application questions, you see those same questions again:

“Have you ever been convicted of a misdemeanor?”
“How have you ever been convicted of a felony?”
“Have you been arrested?”
“Have you been a party to a civil case?”

The State Bar of California Bar Moral Character Application is one of the most crucial parts of the licensing process. It is important to not rush these applications. Specific documentation is required and can take months to gather. The most important part is, again, “honesty is the best policy.” For example, you were arrested when you were 18 for being drunk in public, but you are now 26 years old with a good job and family. Showing your “before” and “after” through documentation, carefully crafted applicant statements, and organizing the documents to paint your story is crucial.

Submitting a thorough and complete application is a must. Some students do not take the Moral Character Application seriously and fail to read directions or supply Court Records. This can not only hold up your Application but can also delay your admission to the California Bar and can lead to a referral to a State Bar Investigator to look through your poorly prepared Application under a microscope.

Do not be this person! Take the process seriously. Take your time to gather documents. Take your time to craft a well-written statement. The consequences of rushing this Application can lead to bigger issues down the road.

What if I submitted my Moral Character Application and was referred to an “Investigator”?

The daunting e-mail introducing you to your State Bar Investigator can churn anyone’s stomach. At this stage, you realize you need some help. Often, the Investigator will request further information and/or documentation. Keep in mind that even if you pass the Bar, you cannot be sworn in without satisfying the Moral Character Application.

If you receive this daunting e-mail, your application is under scrutiny, and it is time to hire an attorney to assist.

What can we do to help you?

The first step is to contact our office. Laurel will craft a personalized “game plan” for the client, including documents to Order from Courts, police reports to order, mitigating evidence, and other documentation to show the “before” and “after.” Laurel will be with the client every step of the way, from the first consultation through crafting written narratives to explain the client’s “colorful pasts” and the client’s transformation. Just because a client may have made a bad choice or engaged in behavior that is frowned upon by society, this does not make the client a bad person! People make mistakes- that is life. Owning up to mistakes and showing a transformation is important throughout the law school application and moral character process. Let Laurel help you get a “pass” despite your colorful past.