Monday, November 11, 2013

The July 2013 Bar Exam: Character and Fitness to Practice Law

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After passing the bar exam, all applicants must go through character and fitness evaluations before they are admitted to the bar exam. Here is an interesting case coming out of California.

Stephen Glass applied to practice law in California after passing the state's bar exam in 2007. But State Bar officials have been grappling with his application since, finally appealing to the California Supreme Court to decide.

Glass says he made up all or parts of 42 magazine articles published in the New Republic, Rolling Stone and elsewhere in the 1990s when he was in his mid-20s and a rising literary star. He then tried to cover up his deceit by creating business cards, a fictitious Web site and having his brother pose as a source when editors began scrutinizing his work.

Two years after he was drummed out of journalism in 1998, Glass graduated from Georgetown University's law school. He first passed the New York bar exam, but was disqualified from practicing law. Chief Justice Tani Cantil-Sakauye noted that Glass gave misleading information to New York State Bar officials by undercounting the number of articles he fabricated when applying for a law license in that state. New York officials rejected his application to practice law in that state in 2004.

At the hearing, several California Supreme Court justices expressed skepticism Wednesday that a disgraced former journalist who fabricated dozens of articles for well-known publications is morally fit to practice law. A majority of the court appeared to agree that Glass has not done enough good works since his fall from grace 15 years ago to be allowed to practice law in California.

Justice Ming Chin said it appeared Glass benefited from his fraud by publishing a novel in 2003 loosely based on his life that earned him $140,000. Justice Chin also noted that Glass has never paid back the money he earned by publishing the fabricated articles.

Justice Corrigan said she was troubled with Glass' lack of an extensive record of volunteerism and willingness to act as a cautionary tale for aspiring journalists through speaking engagements at colleges and elsewhere.

The California Supreme Court has 90 days to decide whether to give Mr. Glass a law license. Currently, he is a paralegal working in LA.

What do you think? Should the California Supreme Court give Mr. Glass a law license? Leave your comments below.

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