Defining Character and Fitness

INTRODUCTION

The legal profession in Michigan has a unique system of admitting and regulating its members. Unlike many occupations, attorneys are self-regulating and, to a certain extent, self-selective. A number of histories have examined how American attorneys in training (clerks), following the English tradition, would intern with other attorneys to study the law with mentors. When clerks were deemed ready, they were presented to the local bench and bar who decided whether the apprentice had met the standard for practice, thus "passing the bar," the physical barrier dividing the front of the court from the rear. It was both literal and figurative.

The modern system has taken the licensure of attorneys from these local bars to statewide uniform administration of applications, uniform vetting of credentials and due process. All states have regulations regarding attorney admissions though there are as many systems and standards as there are states and territories.

Though similar to some professions, the legal profession nonetheless has unique characteristics that set it apart from many other professions. Like all jurisdictions, the State Bar of Michigan follows a traditional review of the applicant's credentials; however, Michigan also has requirements that set it apart.

LEGAL BASIS

There are a number of sources that provide standards for admission to practice in Michigan. These include guides published by the State Bar of Michigan (SBM), classes and seminars held in Michigan law schools and numerous on-line sources for admissions data. However, the best place to start is to examine Michigan Compiled Laws. Statutorily, MCL 600.934 sets forth the standard for applicants to meet regarding fitness and good moral character. It states:

600.934 Qualifications for admission to bar; "good moral character" defined; election to use multi-state bar examination scaled score; disclosure of score.

Sec. 934.

(1) A person is qualified for admission to the bar of this state who proves to the satisfaction of the board of law examiners that he or she is a person of good moral character, is 18 years of age or older, has the required general education, learning in the law, and fitness and ability to enable him or her to practice law in the courts of record of this state, and that he or she intends in good faith to practice or teach law in this state. Additional requirements concerning the qualifications for admission are contained in subsequent sections of this chapter. As used in this subsection, "good moral character" means good moral character as defined and determined under 1974 PA 381, MCL 338.41 to 338.47.

(2) A person may elect to use the multi-state bar examination scaled score that the person achieved on a multi-state bar examination administered in another state or territory when applying for admission to the bar of this state, but only if all of the following occur:

(a) The score that the person elects to use was achieved on a multi-state examination administered within the 3 years immediately preceding the multi-state bar examination in this state for which the person would otherwise sit.

(b) The person achieved a passing grade on the bar examination of which the multi-state examination the score of which the person elects to use was a part.

(c) The multi-state examination the score of which the person elects to use was administered in a state or territory that accords the reciprocal right to elect to use the score achieved on the multi-state examination administered in this state to Michigan residents seeking admission to the bar of that state or territory.

(d) The person earns a grade on the essay portion of the bar examination that when combined with the transferred multi-state scaled score constitutes a passing grade for that bar examination.

(e) The person otherwise meets all requirements for admission to the bar of this state.

(3) The state board of law examiners shall disclose to a person electing under subsection (2) to transfer the multi-state bar examination scaled score achieved on an examination administered in another state or territory the score the person achieved as soon as that score is received by the board regardless of whether the person could have obtained that score in the jurisdiction in which the examination was administered. This subsection does not require disclosure by the board of the score achieved on a multi-state bar examination administered in another state or territory until the scores achieved on that examination administered in Michigan are released.

History: 1961, Act 236, Eff. Jan. 1, 1963;-- Am. 1972, Act 87, Imd. Eff. Mar. 20, 1972;-- Am. 1978, Act 289, Eff. July 10, 1978;-- Am. 1980, Act 271, Imd. Eff. Oct. 6, 1980;-- Am. 2000, Act 112, Imd. Eff. May 24, 2000;-- Am. 2004, Act 558, Imd. Eff. Jan. 3, 2005 Constitutionality: Requirement of United States citizenship as a necessary prerequisite for the admission to the practice of law constitutes denial of equal protection of the law under Const 1963, art I, § 2, and US Const, am XIV, § 1. In re Houlahan, 389 Mich 665; 209 NW2d 250 (1973), decided prior to the 1978 amendment.

MCL 600.934(1) uses precise language to set forth its requirements. To practice law in Michigan, you must demonstrate to the satisfaction of the Board of Law Examiners that the applicant:

1. Is 18 years or older;

2. Has the required general education, learning in the law;

3. Has the fitness and ability to enable him or her to practice law in the courts of record in Michigan;

4. Intends in good faith to practice or teach law in Michigan; and

5. Possess 'good moral character'

These are not the only requirements. The Michigan Supreme Court, through the Board of Law Examiners, sets forth more specific requirements in terms of law school requirements, passing scores on the MPRE (Multistate Professional Responsibility Examination) and, of course, the Michigan Bar Examination.

GOOD MORAL CHARACTER

Section (1) references MCL 338.41 through 338.47 as to what constitutes "good moral character." MCL 338.41 states:

338.41 "Good moral character" and "principal department"...