REHABILITATION

Where there has been past misconduct demonstrating a lack of the character and fitness necessary to be admitted to practice law, evidence of an applicant’s rehabilitation will be considered by the board in evaluating the applicant’s current fitness to practice law. The extent of rehabilitation evidence that is required to demonstrate the current fitness to practice law will vary with the seriousness of the past misconduct. As the seriousness of the misconduct increases, a greater showing of rehabilitation will be required.

The mere absence of additional bad behavior is insufficient to show rehabilitation. Conducting oneself in a manner expected of all attorneys is a necessary prerequisite for rehabilitation, but is insufficient by itself to demonstrate rehabilitation. Affirmative acts demonstrating personal reform and improvement are required in order to establish rehabilitation.

Elements considered in establishing rehabilitation include but are limited to:

1. the passage of a sufficient period of time since the misconduct to demonstrate rehabilitation;
2. absence of misconduct in the intervening time since the misconduct;
3. candor and remorsefulness of the applicant before the board;
4. acceptance of responsibility for and renunciation of past misconduct;
5. lack of malice and ill feeling toward those who disclosed the misconduct
or initiated proceedings related thereto;
6. affirmative recommendations for admission to the bar from those aware of the misconduct;
7. productive use of one’s time for the benefit of society;
8. restitution of funds or property, where applicable;
9. a sufficient period of time of recovery if substance abuse was involved;
10. compliance with the conditions of any order applicable to the misconduct;
11. good reputation for professional ability, where applicable;
12. personal assurances, supported by corroborating evidence, of an intention to conduct oneself in an exemplary fashion in the future;
13. positive action showing rehabilitation by such things as a person’s occupation, religion or community or civic service;
14. evidence of responsibility in addressing debts and dealing honestly with creditors when neglect of financial responsibilities is at issue.

Each case is considered on its own merits taking into account the nature of the misconduct, the elements of rehabilitation such as those listed above, and other relevant evidence submitted by the applicant in order to determine an applicant’s current fitness to practice law.