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Character Fitness Examination

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phanatic_21

Guest
Any lawyers on this board? Need some help, I've been reading up on the Rules for admission to the Bar (AZ) and am a bit discouraged as to my chances since I have one misdemeanor charge on my record from the time I was a teenager and it had the word "fraudulent" in it. Now, the charge WAS dismissed with prejudice, but only after I pled no contest and got a plea deal (deferred judgment for 2 years). I guess this last part is what really screws me.

I'm afraid this may completely disqualify me from ever practicing law, although I have spoken with attorneys who had similar charges on their record & evidently were admitted despite... I have spoken with someone who works for said committee (an investigator) and they were not very helpful.

Please help! Any advice you could give me or similar situations you may know of? Bear in mind I have an otherwise squeaky clean record, by the time I would have my law degree nearly a decade would have passed since the charge, and I have a distinguished academic & professional background. I just want to know I'm not going to throw away 3 years of my life and lots of dough only to be told "thanks but no thanks". PM me if you would feel more comfortable & thanks for any suggestions.
 


JETX

Senior Member
You're looking for a specific answer to what is a subjective question. And it cannot be answered factually.

The 'character standards' are loosely set by the Arizona Supreme Court. Specifically, rule 36.
http://www.supreme.state.az.us/admis/admissionrules.htm#PROCEDURE BEFORE THE COMMITTEE ON CHARACTER AND FITNESS

Based on your post, your concern is your plea of guilty to fraud.

As you can see in the above referenced rule, that is one of the 'triggers' that an extensive review by the Bar.

"In all cases in which there are allegations of conduct of the applicant that involve:
(i) Commission of a violent crime by the applicant,
(ii) Fraud, deceit or dishonesty on the part of the applicant that has resulted in damage to others,
(iii) Neglect of financial responsibilities due to circumstances within the control of the applicant or
(iv) Disregard of ethical or professional obligations

the applicant shall not be recommended for admission, unless, at a minimum, an informal hearing is held, and, following the informal hearing, three or more committee members who have attended the informal hearing or who have read the entire record of the informal hearing, or a majority of those members who have attended the informal hearing or who have read the entire record of the informal hearing, whichever is greater, recommend admission of the applicant. In the event that this requirement is not met, a formal hearing shall be held. A majority of the committee members shall attend the formal hearing to consider whether or not to recommend the applicant for admission."

In summary, no one can answer whether this would be sufficient to prevent your admission or not, as it would require a subjective evaluation by the committee and/or its members.
 

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