Evidence of rehabilitation is the most critical factor the Board uses to determine whether past problems should lead to denial of admission.
Where there has been past misconduct demonstrating a lack of the character and fitness
necessary to be admitted to practice law, the Board will consider evidence of an
applicant’s rehabilitation in evaluating the applicant’s current fitness to practice law.
The extent of rehabilitation evidence that is required to demonstrate the current fitness
to practice law will vary with the seriousness of the past misconduct. When there has been
more serious misconduct, the Board will require a stronger showing of rehabilitation.
The mere absence of additional bad behavior is insufficient to show rehabilitation. Conducting
oneself in a manner expected of all attorneys is a necessary prerequisite for rehabilitation,
but it is insufficient by itself to demonstrate rehabilitation. For the Board to find rehabilitation,
the applicant must show affirmative acts demonstrating personal reform and improvement.
Elements considered in establishing rehabilitation include but are
not limited to the following:
The Board considers each case on its own merits, taking into account the nature of the misconduct, the elements of rehabilitation such as those listed above, and other relevant evidence submitted by the applicant.
The Board's standard for admission is current good character and fitness. Generally, the Board will assess whether the problems continue and, if they do not, whether the applicant's life has changed in ways that suggest they are unlikely to recur.