Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 10 - RULES OF THE VIRGINIA BOARD OF BAR EXAMINERS › Part I - General Provisions › Section 18VAC35-10-30 - Character requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				  person shall be licensed to practice law in Virginia by the Virginia Board of
				  Bar Examiners unless such person first produces evidence satisfactory to the
				  board that the applicant is a person of honest demeanor and good moral
				  character and possesses the requisite fitness to perform the obligations and
				  responsibilities of a practicing attorney. The applicant has the burden to
				  prove by clear and convincing evidence that he possesses these qualifications.
				  If an applicant fails to answer any question on the Character and Fitness
				  Questionnaire or which is otherwise propounded by the board, or to supply any
				  requested documentary material, the board may find that the applicant has not
				  met the burden of proving his good moral character.
B. The primary purposes of character and
				  fitness screening before admission to the Virginia bar are to assure the
				  protection of the public and safeguard the system of justice. An attorney
				  should be one 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. The revelation or discovery of any of the
				  following may be treated as cause for further inquiry before the board decides
				  whether the applicant possesses the character and fitness to practice law:
1. Commission or conviction of a
				  crime;
2. Violation of the honor
				  code of the applicant's college or university, law school, or other academic
				  misconduct;
3. Making of false
				  statements or omissions, including failing to provide complete and accurate
				  information concerning the applicant's past;
4. Misconduct in employment;
5. Other than an honorable discharge from any
				  branch of the armed services;
6.
				  Acts involving dishonesty, fraud, deceit or misrepresentation;
7. Abuse of legal process;
8. Neglect of financial
				  responsibilities;
9. Neglect of
				  professional obligation;
10.
				  Violation of an order of a court;
11. Evidence of mental or emotional
				  instability;
12. Evidence of an
				  existing and untreated drug or alcohol dependency;
13. Denial of admission to the bar in another
				  jurisdiction on character and fitness grounds;
14. Disciplinary action by a lawyer
				  disciplinary agency or other professional disciplinary agency of any
				  jurisdiction, including pending, unresolved disciplinary complaints against the
				  applicant;
15. Commission of an act
				  constituting the unauthorized practice of law, or unresolved complaints
				  involving allegations of the unauthorized practice of law; or
16. Any other conduct which reflects
				  adversely upon the character or fitness of an applicant.