Legal Ethics and Responsibility

To qualify for admission to a State Bar, most states require that candidates have graduated from college or completed most of the requirements to earn an undergraduate degree. Likewise, most states require candidates to have graduated from a law school approved by the American Bar Association. However, some states provide alternative pathways to admission.

Candidates who meet the educational requirements are eligible to sit for the bar examination. Each state administers the bar exam for eligible candidates, usually conducted by a committee of the state's highest court. Each state has its own procedures, but generally, the exams consist of two parts administered over a two-day period. Traditionally, the first part was the multi-state bar exam developed by the National Conference of Bar Examiners, a uniform test that assesses knowledge of shared common law principles, certain widely adopted model codes, and constitutional law.

The second part is a state-specific exam that tests the candidate's knowledge of the laws and regulations in effect in that state. Most states, however, have now adopted the uniform bar examination, which is a standardized exam testing nationwide legal principles in place of the state law-specific exam. Aspiring attorneys must also pass the multi-state Professional Responsibility exam, which evaluates knowledge and understanding of legal ethics and the professional responsibilities of practicing lawyers.

Some states grant permission to members in good standing of other states without requiring the bar exam if they can demonstrate a specified length of legal practice and other criteria. Before being admitted, aspiring attorneys must undergo a character and fitness evaluation and interview. The candidate must submit personal information regarding their educational and employment history, as well as residential and financial information.

The candidate must also answer questions about academic infractions, disciplinary measures, criminal history, and provide character references. Candidates with criminal histories may still be admitted to practice law, though admission may be denied, especially if the committee finds evidence of a history of dishonesty, such as crimes involving fraud or misappropriation of funds, a current history of untreated mental health-related problems, or ongoing alcohol and substance abuse issues.

Failure to be honest and candid in the character and fitness questionnaire or during the interview is considered grounds for denial of admission. Most states require post-admission continuing legal education for practicing lawyers. To remain a member of the bar in good standing, a lawyer must complete the periodic continuing legal education requirements adopted in the state of admission.