Section 5 - Character and Fitness(A)Public Policy. The primary purpose of character and fitness screening before admission to the Louisiana State Bar is to assure the protection of the public and to safeguard the administration of justice. The attorney licensing process is incomplete if only testing for minimal legal competence is undertaken. The public is adequately protected only by a system that evaluates character and fitness as those elements relate to the practice of law. The public interest requires that the public be secure in its expectation that those who are admitted to the Bar are worthy of the trust and confidence clients may reasonably place in their attorneys. (B) Good Moral Character and Fitness; Definitions. The term Agood moral character@ includes, but is not limited to, the qualities of honesty, fairness, candor, trustworthiness, observances of fiduciary responsibility and of the laws of the State of Louisiana and of the United States of America, and a respect for the rights of other persons. The term Afitness@ includes, but is not limited to, the mental or emotional suitability of the applicant to practice law in this state. In satisfying the requirements of good moral character and fitness, applicants should be persons whose record of conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them. A record manifesting a significant deficiency in the honesty, trustworthiness, diligence or reliability of an applicant may constitute a basis for denial of admission.
(C)Panel on Character and Fitness. On behalf of the Committee, character and fitness determinations shall be made by the Panel on Character and Fitness. The Panel shall consist of the Director of Character and Fitness and two other members of the Committee. [Repealed and reenacted effective August 1, 2008] (D)Good Moral Character and Fitness; Burden of Proof. The applicant bears the burden of proving his or her good moral character and fitness to practice law by clear and convincing evidence. [Repealed and reenacted effective August 1, 2008] (E)Good Moral Character and Fitness; Factors and Considerations. While the Panel on Character and Fitness may consider any factor or circumstance in determining whether or not an applicant possesses the requisite moral character and fitness to practice law in this state, any of the following should be considered to be a basis for investigation and inquiry before recommending admission: (1) Arrests or criminal charges, whether or not resulting in a conviction.(2) Any unlawful conduct. (3) Making or procuring any false or misleading statement or omission of relevant information including any false or misleading statement or omission during the application process for admission to the Bar of this state or any other state. (4) Misconduct in employment. (5) Acts involving dishonesty, fraud, deceit or misrepresentation.(6) Commission of an act constituting the unauthorized practice of law. (7) Violation of the honor code of the applicant's law school or any other academic misconduct, including undergraduate misconduct. (8) Membership in an organization which advocates that the United States Government be overthrown by force, if the applicant indicates a present intent that such be done. (11) Neglect of financial responsibilities. (12) Neglect of professional obligations. (13) Violation of an order of a Court, including child support orders. (14) Military misconduct. (15) Evidence of mental or emotional instability. (16) Evidence of any substance use disorder. (17) Denial of admission to the Bar in any other jurisdiction on character and/or fitness grounds. (18) Disciplinary action by a lawyer disciplinary agency of any jurisdiction. (19) Disciplinary action by a disciplinary agency or governing body of a profession or organization of which the applicant is or was a member. (20) Conduct of a kind which has been considered by the Court as grounds for suspension or revocation of the privilege to practice law in Louisiana. (21) Conviction or a plea of guilty or "no contest" to any misdemeanor or felony, including juvenile proceedings. (22) Any other conduct which reflects adversely upon the character or fitness of the applicant. [Repealed and reenacted effective August 1, 2008; amended effective April 11, 2017](F)Good Moral Character and Fitness; Past Conduct; Rehabilitation. The Panel on Character and Fitness shall consider whether or not the past conduct of the applicant is likely to be repeated in the future and whether the applicant's past conduct evidences the applicant's character and fitness to practice law. If the applicant is found to have engaged in conduct which at that time would have constituted grounds for an unfavorable recommendation, then the applicant must show by clear and convincing evidence that his or her character has been rehabilitated and that such conduct is unlikely to recur in the future. The mere fact that there has been no repeat of any such conduct shall not in and of itself be sufficient to constitute rehabilitation or proof of good moral character and fitness. While the Panel is not limited to the factors it considers or weight it will give to prior incidents reflecting upon an applicant's character or fitness, the following factors are deemed important by the Panel in assigning the weight and significance given to prior conduct:
(1) The applicant's age at the time of the conduct. (2) The amount of time which has elapsed since the occurrence of such conduct. (3) The reliability of the information concerning the conduct.(4) The seriousness of the conduct.(5) The factors underlying the conduct. (6) The cumulative effect of the conduct or information. (7) The applicant's positive social contributions since the conduct. (8) The applicant's candor and cooperation in the admissions process. (9) The materiality of any omissions or misrepresentations.(10) The evidence of rehabilitation. [Repealed and reenacted effective August 1, 2008; amended effective April 11, 2017] (G)Investigation. The Panel on Character and Fitness shall make or cause to be made an investigation of the character and fitness of all applicants. The Panel shall have the authority and power to take all steps necessary to investigate any relevant information pertaining to an applicant's character and fitness to practice law including, but not limited to, issuing investigatory subpoenas, obtaining pertinent documentary evidence, directing that an applicant submit to an independent medical, psychiatric or psychological examination and conducting interviews and obtaining sworn statements. All documents filed with, and evidence and proceedings before the Panel on Character and Fitness are confidential, except as otherwise provided by this Rule. [Amended effective February 1, 2014] (H)Factors Not Considered. In determining an applicant's character and fitness to practice law in this state, the Panel shall not consider factors which do not directly bear a reasonable relationship to the practice of law, including, but not limited to, the following impermissible factors: (1) The age, sex, race, color, national origin, religion, or sexual orientation of the applicant; or (2) A physical disability of the applicant that does not prevent the applicant from performing the essential functions of an attorney. [Enacted effective August 1, 2008] (I)Cooperation. An applicant whose character and fitness is under investigation shall cooperate with the investigation. An applicant who fails to cooperate in the investigation may be denied admission due to his or her lack of cooperation. [Enacted effective August 1, 2008] (J)Communications with the Committee. In all communications by applicants with the Committee or its staff, applicants shall be courteous and respectful. Discourteous or disrespectful behavior may be considered by the Panel in its investigation of the character and fitness of the applicant. [Enacted effective August 1, 2008] (K)Notice of Failure to Meet Requirements. If the Panel determines that the applicant does not possess the requisite good moral character and fitness to practice law in the state and that the applicant will not be certified to the Court for admission to the Bar, it shall notify the applicant in writing of such determination and the reason(s) therefor. The Notice of Failure to Meet Requirements shall be served upon the applicant as described in Section 9 of this Rule. [Enacted effective August 1, 2008] (L)Petition to the Court. Any applicant aggrieved by the determination of the Panel may petition the Louisiana Supreme Court within thirty (30) days of the date of the Notification of Failure to Meet Requirements as described in Section 9 of this Rule. [Enacted effective August 1, 2008] (M)Conditional Admission. The Panel, with the consent of the applicant, may recommend to the Court that the applicant be admitted on a conditional basis. (1) Circumstances Warranting Conditional Admission. An applicant whose record shows conduct that may otherwise warrant denial due to present or past substance misuse, abuse or dependency, physical, mental or emotional disability or instability, or neglect of financial responsibilities, may consent to be admitted subject to certain terms and conditions set forth in a conditional admission consent agreement. Only an applicant whose record of conduct evidences a commitment to rehabilitation and an ability to meet the essential eligibility requirements of the practice of law may be considered for conditional admission. (2) The consent agreement shall set forth the terms of conditional admission, be approved by the Panel and be signed by the Director of Character and Fitness and by the applicant. In confecting the consent agreement, the Director of Character and Fitness may confer with the Lawyer's Assistance Program and/or the Office of Disciplinary Counsel to create appropriate terms, conditions and monitoring criteria. [Amended effective February 1, 2014] (3) Terms of Consent Agreement. The consent agreement shall contain specific conditions of admission to be fulfilled at the applicant's expense, including but not limited to, requiring alcohol or drug treatment, medical care, psychological or psychiatric care, random chemical screening, professional office practice or management counseling, practice supervision, payment plans and debt management counseling, participation in the Lawyer's Assistance Program, and/or professional audits or reports, and in all cases, the assignment of a probation monitor. [Amended effective February 1, 2014] (4) Joint Petition. The Director of Character and Fitness and the applicant shall jointly file with the Court a Petition Seeking Conditional Admission, attaching the consent agreement. The Joint Petition shall be confidential as to the applicant's identity and shall only identify the applicant by the file number assigned by the Committee. Any medical or other sensitive information shall be filed under seal. [Amended effective February 1, 2014](5) Court Action Required. No conditional admission shall be effective unless and until approved by the Court. The Court may in its discretion, approve, modify or reject the conditional admission or remand the conditional admission to the Panel for further action as the Court instructs, or appoint a Commissioner to take evidence and make a recommendation to the Court. Should the Court appoint a Commissioner, the procedure shall conform with the procedures set forth in Section 9. (6) Monitoring of Consent Agreement by the Lawyers Assistance Program or the Office of Disciplinary Counsel. If the Court approves the conditional admission, the conditionally admitted lawyer's compliance with the terms of the consent agreement shall be monitored by a probation monitor assigned by (i) the Lawyers Assistance Program, in cases involving substance abuse, physical, mental or emotional disability or instability; or (ii) Office of Disciplinary Counsel, in cases involving neglect of financial responsibility. Cooperation with the probation monitor is required and failure of the conditionally admitted lawyer to cooperate may be grounds for the revocation of the conditional admission. [Amended effective February 1, 2014](7) Failure to Fulfill the Conditional Terms. Failure to fulfill the terms of the consent agreement may result in the suspension or revocation of the conditional admission or such other action as is appropriate under the Louisiana Rules of Professional Conduct and Louisiana Supreme Court Rule XIX.(8) Confidentiality. The fact that an individual is conditionally admitted and the terms of the consent agreement shall be confidential and shall not be disclosed, except to the Office of Disciplinary Counsel, the Lawyer's Assistance Program, or in any of the following circumstances: (a) With the express consent of the person conditionally admitted. (b) When required as a condition for monitoring as set forth in the consent agreement.(c)When reporting is mandated by other law. (d) When disclosure is ordered by the Court.(e) If the applicant applies for admission to practice law in another jurisdiction, the applicant shall disclose the entry of any conditional admission agreement to the admission authority of that jurisdiction.(f) If the applicant violates a condition of admission and a proceeding for revocation of conditional admission is instituted pursuant to Rule XIX, section 25.1. [Enacted effective February 1, 2014] Rule XVII, Section 5(M) amended effective February 1, 2014(N) Probation Imposed by the Court. Regardless of any recommendation made by the Panel, in any matter in which the Court deems it appropriate, the Court may admit an applicant on a conditional basis subject to a probationary period.Enacted effective 8/1/2008; amended effective 4/11/2017