On 'Character & Fitness' Review
April 21, 2025
April 21, 2025
For many rising attorneys, the post-graduation period may be fraught with uncertainty and anxiety. Three years of legal education, while providing a foundation for research, analysis, and writing, does little to prepare students for the upcoming bar exam or wilderness of the legal field.
Furthermore, the bar exam -a two-day affair with all the racial bias and insidious intent of a typical standardized test- entails additional challenges for Black and Brown graduates seeking placement in the legal profession. While scholars and advocates have examined the racist history and systematic exclusion of the bar exam, a more intrusive process awaits some of us who overcome the initial barrier.
Admission to the state bar remains contingent upon the recommendation of the Connecticut Bar Examining Committee (CBEC). This 24-member panel, comprised of judges, attorneys, and administrators, reviews the 'moral character' and history of all applicants to the state bar. Although relatively diverse, CBEC functions as a mechanism of the state.
As law graduates know well, the application to sit for the bar exam (an economic barrier in itself) inquires into civil/criminal records, academic performance, financial standing, medical/mental health history, residence, and employment. CBEC also sweeps social media and other public information pertaining to individual applicants. If CBEC discovers an inconsistency in information provided or another issue that may cause concern for a conservative state body, they will refuse to recommend an individual who passed the bar exam for admission to the state bar.
Considering social disparities, CBEC's rubric, and the bar exam's purpose to prevent Black and Brown lawyers from entering the legal field, it's manifest who Character & Fitness investigations most negatively effect.
After dedicating several months to exam preparation, rejection from the CBEC can feel profoundly frustrating and demoralizing. It may seem like the entire system crashed down on you for petty indiscretions or circumstances beyond your control.
Having been initially not recommended in 2018, I understand the struggle with setting aside your feelings and humbling yourself to the state. I also wouldn't want any Black or Brown lawyers to endure anything close to resembling my experience with Character & Fitness, so hopefully this guidance helps anyone reading to get over with minimal drama.
When providing information to the CBEC for your bar exam application, exercise candor and transparency. If you think CBEC may take issue with a situation, disclose it-no matter how trivial or distant. Being forthright up front will save you the trouble of answering to a state investigation after passing the bar exam.
My own Character & Fitness investigation entailed several issues. First, I failed to disclose an instance of illegal retaliatory termination from a non-profit position that I only held for three weeks. I listed the job in my employment history, but neglected to mention my termination. Despite my brief tenure at the organization, CBEC learned about the incident after communicating with my previous employer and cited it against my recommendation to the bar. I had to subsequently use provided forms to detail the events of my termination and ensuring conflict, as well as explain my failure to disclose.
The process left me quite vexed and triggered, as I surpassed the trauma of the event over a year prior to applying for the bar and since worked as a respected immigrant rights advocate. I even called the CBEC office to express my frustration-a step I advise you DO NOT follow.
CBEC additionally took issue with a disclosed arrest related to civil disobedience in which I participated as part of a demonstration against mass deportation and incarceration. Although I completed court-ordered community service as a condition to avoid criminal charges, CBEC found my activity questionable enough to warrant further investigation. In other words, even if you faithfully disclose an incident to CBEC, they may still inquire further before deciding whether to recommend you to the state bar.
Lastly, I neglected to disclose an arrest for Driving Under the Influence (DUI) from the summer after my second year of law school. I got pulled over on my own street with no other individuals or vehicles involved. I plead nolo contendere in court after participating in a weekend substance abuse program.
To satisfy CBEC, I gathered documents related to my arrest and disposition in court and explained in the relevant form that the incident happened so long ago (I took the Connecticut Bar Exam seven years after graduating law school) that I completely forgot about it.
Whether CBEC inquires further into a disclosed incident or you have to amend your application for failure to disclose, keep your communication and official responses calm. My draft responses to CBEC's questions clearly reflected my emotional and irate state. I definitely get the compulsion to react in this manner-however, you do not want to aggravate the people who hold the keys to your future in the field.
As my colleague and legal advisor on the matter told me, you need to approach Character & Fitness inquiries like a legal proceeding-calm and methodical.
Gather documents you may need to substantiate your claims and explain candidly why you failed to disclose the information.
Hold your head and keep it moving...you're here to prevail.
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