Rule 4 Moral Character & Fitness

(a) Every applicant for admission to the Bar of Montana shall be of good moral character and fitness. The applicant shall have the burden of proving by clear and convincing evidence that he or she is possessed of good moral character and fitness. No applicant shall be certified by the Commission to the Bar Admissions Administrator for examination and/or admission to the Bar of Montana unless such applicant first produces satisfactory evidence to the Commission of good moral character and an adequate knowledge of the standards and ideals of the profession and that such applicant is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney. The Commission must be convinced that prior or present conduct of the applicant of which the Commission becomes aware would cause a reasonable person to believe that such applicant would, if admitted to practice law in Montana, be willing and able to act in accordance with the standards set forth in the Montana Rules of Professional Conduct, and would act fairly, discreetly, honestly, reasonably, and with unquestionable integrity in all matters in which he or she acts as an attorney at law. An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a lack of honesty, trustworthiness, diligence or reliability of an applicant may constitute a basis for denial of admission.

(b) Evidence of any of the following will be treated by the Commission as cause for further inquiry before the Commission decides whether the applicant possesses the character and fitness to practice law: 1. Unlawful conduct; 2. Academic misconduct; 3. Making or procuring any false or misleading statements or omissions of relevant information, including any false or misleading statement or omission in the Application for Admission to the Bar of Montana, or in any testimony or sworn statement submitted to the Commission; 4. Misconduct in employment; 5. Acts involving dishonesty, fraud, deceit or misrepresentation; 6. Abuse of legal process; 7. Neglect of financial responsibilities; 8. Neglect of professional obligations; 9. Violation of an order of the court; 10. Current mental or emotional illness or disorder; 11. Drug or alcohol dependency; 12. Denial of admission to the bar in another jurisdiction on character and fitness grounds; 13. Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; and 14. Any other conduct which reflects adversely upon the character or fitness of the applicant.

(c) In making the determination on character and fitness of each applicant, the following factors shall be considered in assigning weight and significance to prior conduct of the applicant: 1. The applicant’s age at the time of the conduct; 2. The recency of the conduct; 3. The reliability of the information concerning the conduct; 4. The seriousness of the conduct; 5. The factors underlying the conduct; 6. The cumulative effect of the conduct or information; 7. The evidence of rehabilitation; 8. The applicant’s positive social contributions since the conduct; 9. The applicant’s candor in the admission process; and 10. The materiality of any omissions or misrepresentations.

(d) An applicant may, by written request to the Commission on Character and Fitness, withdraw an Application for Admission at any time. However, in such event the Commission may continue its investigative and adjudicatory functions to conclusion. Failure on the part of the applicant to provide requested information and/or documentation within a reasonable amount of time may result in denial of certification for examination and/or admission.

(e) Alternatively, an applicant may, by written request, withdraw with prejudice an application for admission to the Bar of Montana. The Commission shall accept the withdrawal with prejudice and shall immediately dismiss its investigative and adjudicatory functions. An applicant who files a withdrawal with prejudice shall be permanently barred from filing a subsequent application for admission to the Bar of Montana.

(f) An applicant who has been disbarred from the practice of law in another jurisdiction shall not be eligible to apply for admission to the Bar of Montana for a period of five (5) years from the date of disbarment. The applicant must also submit written proof of compliance with the terms and conditions of his or her disbarment or proof of good standing from the state in which he or she was disbarred.

(g) An applicant who has been suspended from the practice of law in another jurisdiction shall not be eligible to apply for admission to the Bar of Montana until expiration of the period of suspension and until the applicant has submitted written proof of compliance with the terms of the suspension.

(h) An applicant who resigned from the practice of law in another jurisdiction in lieu of discipline or in lieu of cooperating with the disciplinary process shall not be eligible to apply for admission to the Bar of Montana for a period of five (5) years from the date of resignation.

(i) An applicant who initiated the admissions process in another jurisdiction, but was denied admission or withdrew from the process prior to a final determination on admission in that jurisdiction shall not be eligible to apply for admission to the Bar of Montana until the original jurisdiction has made a final determination on the applicant’s admissibility in that jurisdiction, unless the Commission grants a waiver for good cause shown.

(j) An applicant found guilty of a felony is conclusively presumed not to have present good moral character and fitness. The presumption ceases upon completion of the sentence and/or period of probation.

(k) There shall be a rebuttable presumption that nondisclosure of a material fact on the application is prima facie evidence of the lack of good character. The presumption shall be the same whether the nondisclosure is discovered prior or subsequent to the applicant’s admission to the bar. The presumption may be rebutted by clear and convincing evidence of mistake or of rehabilitation and current good character.