N.H. R. Sup. Ct. 42B
The right to practice law is not one of the inherent rights of every citizen, as is the right to carry on an ordinary trade or business. It is a peculiar privilege granted only to those who demonstrate good moral character and fitness to practice law.
All persons who desire to be admitted to practice law shall be required to establish their moral character and fitness to the satisfaction of the Standing Committee on Character and Fitness of the Supreme Court of New Hampshire in advance of such admission.
Any person who seeks admission to practice law in the State of New Hampshire shall at all times have the burden of proving his or her good moral character and fitness before the Committee on Character and Fitness and the Supreme Court of New Hampshire. This burden requires both the production of evidence and the persuasion of the Committee and Court as to the applicant's good moral character and fitness.
The applicant must prove his or her good moral character and fitness by clear and convincing evidence.
Any doubt concerning an applicant's character and fitness shall be resolved in favor of protecting the public by denying admission to the applicant.
The Committee will consider the following positive characteristics in evaluating an applicant's character and fitness to practice law:
Any of the following may be grounds for the Committee to recommend denial of admission for lack of character or fitness:
Character and Fitness Committee Comment
"In order to maintain public confidence in the bar and trust among members of the bar, attorneys must be honest in their dealings." Application of T.J.S., 141 N.H. 697, 702 (1997). An applicant's record of conduct should demonstrate the honesty which future clients, adversaries, courts and others have a right to expect of a lawyer.
The committee may consider such acts regardless of whether the applicant has been charged with and/or convicted of a crime as result of such an act and regardless of whether the act was committed in the applicant's personal life or in the course of an occupation or employment.
Character and Fitness Committee Comment
Much of the information that the Committee uses in assessing an applicant's character and fitness is contained in the Petition and Questionnaire for Admission to the Bar of New Hampshire. The information in the Petition and Questionnaire is also one of the sources of information used for requesting further information from the applicant and in conducting further investigation. As such, it is crucial that applicants be absolutely candid, honest and complete in disclosing the information requested in the form or in response to further inquiries by the Committee.
Character and Fitness Committee Comment
As with false and misleading statements or omissions during the application process, the failure of an applicant to deal with the Committee or its staff in a candid and forthright manner may result in recommendation of denial of admission.
Character and Fitness Committee Comment
Because the burden of proving good moral character and fitness is on the applicant, the Committee and its staff often require applicants to provide further information and/or documentation concerning matters of concern to them. Failure to provide such information and/or to cooperate with the Committee and its staff in their efforts to fully investigate matters may make it impossible for the Committee to complete its task of assessing the applicant's character and fitness and may thereby result in a recommendation to deny admission.
Character and Fitness Committee Comment
Conduct which is criminal in nature which the Committee finds to have occurred may be grounds for recommending denial of admission whether or not the conduct results in a prosecution and conviction and even though the arrest and/or conviction for the conduct have been annulled.
Character and Fitness Committee Comment
The New Hampshire Supreme Court in Application of Appell, 116 N.H. 400 (1976), denied admission to an applicant and upheld the findings of a single justice who had determined that the applicant's "violations of various statutes and regulations indicate at best a careless failure to determine the legality of his actions and at worst an arrogant disregard of the law." Thus, when the Committee finds that an applicant has committed acts, that are not criminal, but that are unlawful and demonstrate disrespect for the law, the Committee may determine that the applicant does not possess the necessary moral character for admission to the bar.
Character and Fitness Committee Comment
Respect for judicial authority and obedience of court orders and directives are crucial to the operation of the judicial system. Violations of court orders and/or directives, either in the applicant's professional or personal life, may be grounds for a recommendation of the denial of admission.
Character and Fitness Committee Comment
Applicants are asked to disclose on their applications all judicial and administrative proceedings to which they have been a party. The Committee quite often requests applicants to provide detailed information concerning those proceedings. Applicants who abuse the judicial process in either their personal affairs or in professional matters may be deemed to put the public at risk of continuing such behavior if they are admitted. The Committee may consider abuse of the judicial process regardless of whether a court has made a judicial determination that abuse has occurred, and regardless of whether a court has imposed sanctions for the abuse.
Character and Fitness Committee Comment
As part of the approval process, the Committee requests law school deans to complete a questionnaire concerning each applicant. The Committee also requires applicants to disclose whether they have been dropped, suspended, placed on probation, expelled or requested to resign from any school, college, university or law school, or requested or advised by any such school or institution to discontinue their studies therein. If plagiarism and/or cheating are disclosed, the Committee conducts a further inquiry to determine the seriousness of the matter.
Character and Fitness Committee Comment
An applicant must demonstrate that he/she is acting responsibly with respect to his or her financial obligations. Being in debt or unable to stay current with debts is not in itself disqualifying. However, the Committee expects an applicant with debt to keep each creditor informed of a current address, to make payment when the applicant is able to, and when unable to pay debts, to make reasonable efforts to work out settlements and/or repayment plans.
A declaration of bankruptcy is not a ground for recommending denial of admission. However, bankruptcy petitions are generally scrutinized by the Committee. Any false statements, admissions or acts involving dishonesty, fraud, deceit or misrepresentation in connection with the filing of bankruptcy may be grounds for a recommendation of denial of admission. Further, the facts and circumstances surrounding a bankruptcy may also bear on the issue of whether the applicant is able to handle his or her affairs.
Character and Fitness Committee Comment
An existing or recent] mental disorder that impairs an applicant's current ability to practice law may be disqualifying. Should the Committee become aware of a[n existing or recent mental disorder which has the potential to impair an applicant's current ability to practice law, it will ask for details of any treatment, and may ask treating or independent professionals for reports as to whether the disorder will impair the applicant's ability to practice law in a competent and professional manner.
Character and Fitness Committee Comment
An applicant who has become addicted to alcohol or other drugs or is using illegal drugs, will not be approved by the Committee if he/she is still currently using the substance or if the Committee believes that there is an undue risk that the applicant will begin using the substance after admission to the bar. Applicants who have been addicted to alcohol or other drugs are expected to demonstrate a meaningful period of non-use and to have developed support and/or coping mechanisms, either external or internal, which make it unlikely that the applicant will again use the addictive substance.
Applicants who have been addicted to or abused alcohol or drugs are generally expected to be free of alcohol use or drug abuse for at least 1 year in order to be approved.
Character and Fitness Committee Comment
The practice of law often involves being entrusted with the affairs of clients. The inability of an applicant to handle his/her own affairs in a responsible manner may be grounds for finding that such an applicant does not possess the requisite fitness to engage in the practice of law.
In addition to any of the above, any of the following are cause for further inquiry (but not in themselves disqualifying) before the Character and Fitness Committee decides whether the applicant possesses the character and fitness to practice law:
The Character and Fitness Committee must first determine whether any conduct or condition of the applicant is disqualifying.
The misconduct or condition is disqualifying when it is so serious or significant that denying admission is necessary to protect the public and maintain public confidence in the bar.
Character and Fitness Committee Comment
In the character and fitness review process, the need to protect the public and maintain public confidence in the bar always overrides any concern that denying admission to an applicant who has successfully completed law school and passed the bar examination may seem unfair.
The Committee may find the cumulative effect of two or more events of misconduct disqualifying even though no one of the events alone would be disqualifying.
If the Character and Fitness Committee finds any conduct or condition to be disqualifying, it must then determine whether the current character and fitness of the applicant qualifies the applicant for admission. It is the Committee's task to determine whether the applicant is sufficiently rehabilitated to remove the serious taint of the applicant's prior unfitness.
The following factors, although not inclusive, may be considered when determining whether an applicant has demonstrated sufficient rehabilitation:
The more serious the misconduct, the greater the showing of rehabilitation that will be required.
Character and Fitness Committee Comment
For applicants who have committed a criminal offense that would disqualify them from holding a license or certificate to practice another profession in this state, the burden of proving sufficient rehabilitation is extraordinarily difficult.
An applicant who has engaged in disqualifying misconduct in the past must demonstrate to the committee that the applicant has made relevant and significant personal change for a meaningful period of time.
Establishing sufficient rehabilitation will usually require the applicant to recognize, appreciate, show insight into, and have genuine remorse for the seriousness of his or her disqualifying conduct. Attempts to deny, rationalize, minimize or explain away disqualifying past behavior will usually result in the Committee finding insufficient rehabilitation.
Rehabilitation is sufficient when the applicant has established from all the facts that the public interest will not be jeopardized by his or her admission.
N.H. R. Sup. Ct. 42B