Document Type
Article
Publication Date
2022
Abstract
In The Other Bar Hurdle, published in the Mitchell Hamline Law Review, the authors examine the character and fitness requirement as a critical yet under-scrutinized component of attorney licensing. The Article surveys the historical foundations, purposes, and contemporary administration of character and fitness investigations, highlighting their dual aims of protecting the public and safeguarding the integrity of the courts. It then synthesizes extensive scholarly criticism, focusing on concerns about discriminatory origins, lack of transparency, inconsistent application, deterrent effects on prospective applicants, and the disproportionate impact on individuals with criminal records, financial hardship, or mental health histories. While acknowledging the institutional justifications for retaining moral character screening, the authors argue that the current regime requires meaningful reform. They propose increased reliance on social science research, clearer standards, sensitivity to rehabilitation evidence, and expanded use of conditional admission mechanisms as a more equitable alternative to categorical exclusion. Ultimately, the Article contends that although character and fitness inquiries are likely to remain entrenched, they must be restructured to better align with principles of fairness, redemption, and equal access to the legal profession.
Recommended Citation
David L. Hudson Jr. & Andrea Gemignani, The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission, 48 Mitchell Hamline L. Rev. 500 (2022).
Included in
Legal Education Commons, Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, Legal Writing and Research Commons
