Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionEasy
Attorney Helen, licensed in State K, is seeking admission to the bar of State L. During the character and fitness investigation, it is discovered that Helen failed to disclose a misdemeanor conviction for shoplifting from five years ago on her application, despite a question explicitly asking about all criminal convictions. Helen believed the conviction was minor and irrelevant. Is Helen's failure to disclose likely to affect her admission to the bar of State L?
- AYes, because the deliberate omission of material information on a bar application demonstrates a lack of candor.
- BNo, provided she immediately amends her application upon discovery.
- CNo, because a single, minor misdemeanor from five years ago is unlikely to be considered relevant to character and fitness.
- DYes, but only if the shoplifting conviction itself would have been a disqualifying offense.
Show answer & explanationAnswer & explanation
Correct answer: A. Yes, because the deliberate omission of material information on a bar application demonstrates a lack of candor.
Applicants for admission to the bar have a duty to be candid and forthright. Deliberately omitting information requested on a bar application, even if the underlying event might seem minor, demonstrates a lack of candor and honesty, which is a significant character and fitness concern.
Why the other options are wrong
- B. Amending the application after discovery is important, but the initial deliberate omission is still a serious ethical lapse that will likely affect her admission.
- C. While the misdemeanor itself might not be disqualifying, the deliberate failure to disclose it is the primary issue.
- D. The issue is not solely the nature of the conviction, but the act of deliberately concealing it, which speaks to honesty and trustworthiness.
Candor in Bar Admission
Applicants for bar admission have a duty of candor and must disclose all relevant information truthfully and completely, even if potentially damaging.
- Deliberate omission or misrepresentation is a serious character and fitness issue.
- The nature of the underlying offense is secondary to the lack of candor.
- Promptly correcting an inadvertent omission is expected, but deliberate omission is more serious.
Memory trick: Honesty's the key, for a lawyer you'll be.