Most Frequently Asked Questions
ADMISSION TO THE GEORGIA BAR
Prepared by the Office of Bar Admissions
Supreme Court of
Georgia
The Constitution of the State of Georgia grants jurisdiction to the Supreme Court of Georgia to control admission to the bar. A set of Rules promulgated by the Supreme Court governs bar admission policies and procedures. The Rules are administered by two separate and distinct boards. The Board to Determine Fitness of Bar Applicants inquires into the character and fitness of all applicants, and the Board of Bar Examiners deals with questions of the applicant's competence. Both Boards must certify the applicant to the Court for the applicant to be eligible for admission. The staff of the Office of Bar Admissions reports to both Boards.
The Supreme Court of Georgia appoints all the members of both Boards. The Fitness Board has nine members, six lawyers and three public members. The Board of Bar Examiners has six members, all of whom are lawyers. The men and women on the Boards come from all areas of the state, and the lawyer members represent different types of practices.
The Boards will recommend the admission of those applicants who meet the good character and fitness standards and pass the bar examination, including the separate examination on professional responsibility. The bar examination is a written test, containing essay, performance and multiple choice questions, administered and graded by the Board of Bar Examiners and its agents two times a year (in February and July).
The good character and fitness standards require that an applicant to the bar be one whose record of conduct justifies the trust of clients, adversaries, courts and others. The hallmark of such a person is honesty, especially in connection with the application for admission to the bar. Persons with a record showing a deficiency in honesty, trustworthiness, diligence, or reliability might not be recommended for admission.
Any of the following will be considered by the Fitness Board to be a basis for further inquiry before recommending admission:
- unlawful conduct
- academic misconduct
- making of false statement, including omission of relevant facts
- misconduct in employment
- acts involving dishonesty, fraud, deceit or misrepresentation
- abuse of legal process
- neglect of financial responsibilities, especially failure to repay student loans
- neglect of professional obligations
- violation of an order of a court, especially failure to pay child support
- evidence of mental or emotional instability
- evidence of drug or alcohol dependency
- denial of admission to the bar in another jurisdiction on character and fitness grounds
- disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
The fitness application that each applicant completes inquires about each of the above.
The applicant may be asked to provide facts and explanation, in addition to the questions on the fitness application. In order to verify the accuracy of the information provided in the application, or to obtain additional information, the Board will contact the applicant's references, the applicant's employers, colleges and law schools, courts, medical providers, police agencies, and credit agencies.
The Board will use the following factors in assigning weight and significance to prior conduct:
- the applicant's age at the time of the conduct
- the recency of the conduct
- the reliability of the information concerning the conduct
- the seriousness of the conduct
- the factors underlying the conduct
- the cumulative effect of conduct or information
- the evidence of rehabilitation
- the applicant's positive social contributions since the conduct
- the applicant's candor in the admissions process
- the materiality of any omissions or misrepresentations
As an applicant, you are obligated to cooperate fully with the Fitness Board's investigation, providing prompt and complete responses to all questions and requests for records or explanation. If you have had a problem in the past, you may wish to offer the Board additional evidence of rehabilitation. It is suggested that you review the "weight and significance factors" listed in response to Question 7 in considering what additional evidence you might offer. Absolute candor in completing the application and responding to the Board's inquiries is critically important.
Evidence of rehabilitation is the most critical factor the Board uses to determine whether past problems should lead to denial of admission. The Board's standard for admission is current good character and fitness. Generally, the Board will assess whether the problems of the past continue and, if they do not, whether the applicant's life has changed in ways that suggest they are unlikely to recur. If you have a concern in this area, you should consult In Re:Cason, 249 Ga 806 (1982) for guidance.
Because evidence of drug or alcohol dependence or abuse is one of the "relevant conduct" factors about which the Board must inquire, you should be prepared to provide treatment records, as well as other records of incidents which were associated with the addictive behavior.
If you have a problem with drugs or alcohol, you are strongly encouraged to get the counseling or treatment you need as soon as possible. Your recognition of the problem and your treatment record will be the best evidence you have of rehabilitation, regardless of the seriousness of any misconduct which may have arisen from the chemical dependency.
The purpose of the Board's inquiries is to determine the current fitness of an applicant to practice law. This information along with all other information is treated confidentially by the Office of Bar Admissions. The mere fact of treatment for mental health problems or addictions is not in itself a basis on which an applicant will be denied admission. To date, the Board has never denied an applicant admission based solely on this information. Further, the Board has routinely certified individuals for admission who have demonstrated personal responsibility and maturity in dealing with mental health and addiction issues. The Board encourages applicants who may benefit from treatment to seek it.
The Board on occasion does deny certification to applicants whose ability to function is impaired in a manner relevant to the practice of law at the time that the certification decision is made or to applicants who demonstrate a lack of candor by their responses. This is consistent with the public purpose that underlies the Board's duties and responsibilities. The mental health questions do not seek information this fairly characterized as "situational counseling." Examples of situational counseling include stress counseling, domestic counseling and grief counseling. The Board does not view these types of counseling as relevant to the issue of whether an applicant is fit and qualified to practice law.
The Board is required to hold in the strictest confidence all records received in the admission process. Part F, Section 3(b) of the Rules Governing Admission to the Practice of Law in Georgia specifically addresses this issue.
There are many reasons why arrests do not result in convictions, and many of them have no bearing on guilt or innocence. The Board is required to inquire into all areas of possibly relevant applicant misconduct. The applicant is required to report all incidents, and to provide evidence of rehabilitation and evidence of current good character. Obtaining an acquittal or dismissal is relevant, but not dispositive of the issue. This is not to suggest that the Board will assume that any arrest was due to guilty conduct on the part of the applicant. The applicant's obligation is to be completely forthright regarding all matters about which the Board inquires.
The Fitness Board recognizes that law students sometimes have financial problems associated with the expense of law school, or with ongoing family obligations. The Board also recognizes that mishandling of client funds is a frequent and serious cause for professional discipline. Admission to the bar does not require a perfect credit record. The Board is interested in whether applicants have dealt honestly and responsibly with their creditors, and whether they are doing so at the time of application. Responsible dealings generally include but are not limited to keeping in contact with the creditor, making payment arrangements, and meeting the terms of those arrangements. Defaulted student loans and failure to make child support payments are of particular concern to the Board and may well lead to denial of admission if not resolved at the time of application or soon thereafter.
A pattern of dishonesty in dealings with employers, schools, and authorities, including the Office of Bar Admissions is the most frequent reason for denial of bar applicants. Giving false information on the application or failing to be entirely forthcoming and completely candid in the application process is a serious error which will have negative consequences for an applicant. The failure to be fully responsive to application questions, or any other lack of candor in an application, involves sworn statements made to an agency of the Supreme Court itself; since such dishonesty is both current and ongoing, the applicant to whom it might be charged will have a difficult time showing that rehabilitation--which requires more than contrition--has occurred and will be sustained.
Contact the Office of Bar Admissions early in the process to discuss your concern. You must file your fitness application early, not during the late filing period, so that the Board will have adequate time to consider your file prior to the bar examination. If you file late, you may not be certified in time for the following exam.
You may contact the Office of Bar Admissions at (404)656-3490 or write: P.O. Box 38466, Atlanta, Georgia 30334 if you have any questions.
Revised 11/99