Factors and Conduct Relevant to a Moral Character Determination

Obtaining a license to practice law requires a comprehensive assessment of an applicant's moral character. The State Bar and the Committee of Bar Examiners consider various factors and conduct, including the following:

Holistic evaluation

A moral character determination is holistic and takes into account all relevant aspects of an applicant's background. No single act of misconduct automatically leads to a negative moral character determination. Instead, we consider:

    • Severity of misconduct;
    • Timing of the misconduct;
    • The presence of multiple acts of misconduct;
    • The frequency of engagement in misconduct; and
    • Any rehabilitation efforts following misconduct.

Rehabilitation

Misconduct must be followed by rehabilitation efforts commensurate with the significance of the misconduct. Serious misconduct necessitates a compelling demonstration of rehabilitation, including: 

    • Exemplary conduct over an extended period.  
    • Refraining from further misconduct
    • Engaging in affirmative rehabilitative acts, such as making amends to victims, engaging in community service, or completing relevant educational activities.
    • Holding a steady job, abiding by the law, or starting a family constitutes ordinary conduct rather than exemplary rehabilitation.
    • Remorse alone is insufficient, but a candid admission and full acknowledgment of wrongdoing are often necessary steps in the rehabilitation process.

Candor and honesty

Candor and honesty play a central role in determining an applicant's moral character. This includes:
    • Being forthright on the moral character application and during the process.
    • Accurately disclosing required information on other applications, such as to your law school or another licensing agency.

Additional considerations

Various issues may be relevant to a moral character application determination, including but not limited to:
  • Abuse of the legal process: This may involve filing frivolous claims to harass litigants, or frivolous defenses to improperly delay proceedings. Relevant evidence may include judicial sanctions or designation as a vexatious litigant.
  • Academic honor code of student conduct violations: Misconduct at an educational institution that involves moral turpitude can impact an applicant's moral character determination, especially if it occurred in law school.
  • Community supervision: Being under community supervision does not necessarily preclude a positive moral character determination, but noncompliance with the terms of supervision may affect a determination.
  • Criminal history: No criminal act automatically disqualifies you from receiving a positive determination, but rehabilitation from serious misconduct requires exemplary behavior over a significant period of time.
  • Drug/ alcohol abuse: A history of use or abuse alone doesn't lead to a negative determination, but it may be relevant if it is related to misconduct. Voluntary enrollment in substance abuse treatment may assist in showing rehabilitation from misconduct that involved substance use.
  • Fraudulent activity: Deceitful acts, such as filing false legal claims, making false statements on an application, or conviction of a crime for which an intent to defraud is an element involve moral turpitude and can negatively impact a determination.
  • Past due debt, financial responsibility, bankruptcy, and fiduciary duty: Indebtedness alone, or having declared bankruptcy, isn't a basis for a negative determination. However, mishandling past due debt or fraudulent use of bankruptcy can raise moral character issues. A breach of fiduciary duty may involve moral turpitude and require a showing of rehabilitation, including a period of exemplary conduct.
  • Prior adverse determination: Reapplying after an adverse determination requires demonstrating substantial rehabilitation.
  • Unauthorized practice of law: Violations of the statutes or rules regarding the unauthorized practice of law may adversely affect a determination. The unauthorized practice of law may include, an unlicensed individual appearing in court or another tribunal as a legal representative on behalf of someone else, providing legal advice, preparing legal instruments and contracts, or improperly holding oneself out as practicing or entitled to practice law.
  • Violation of court orders and respect for the law: Violating court orders or displaying a lack of respect for the law, including improperly failing to appear in court, failure to satisfy a judgment, failure to adhere to a restraining order, or other conduct that suggests a lack of respect for the law can impact a determination.

For questions related to a moral character application, contact the Office of Admissions at moral.character@calbar.ca.gov or 800-843-9053.

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