Entering Law Students' Ethical Stigma: A Proposal to Introduce the MPRE Along with the LSAT.

• Author: Iyer, Vidhya Venkatraman

1. THE CURRENT APPROACH

   In the United States, academics and legal scholars have not much challenged the current approach of law school disclosure and the Multistate Professional Responsibility Exam (MPRE). These entities seemed to be assumed and understood that the current path might be an appropriate norm. Therefore, the prevailing assumption entices us to jump directly to the central question of "how" and "why" the current approach is not a better approach. (1) Understanding deleterious effect of the current approach starts with the American Bar Association's (ABA) Model Rules. ABA rules require "an applicant to the bar or a lawyer in connection with a bar admission application or connection with a disciplinary matter, shall not make (1) ... a false statement of material fact; or (2) fail to disclose a fact necessary ...." (2) This rule extends mostly to those persons who are seeking admission to the bar who fail to admit any past disciplinary action or conduct that in their bar application. (3)

   The Model Rule, thus, represents an ambitious ethical foundation to admit or disclose any past or present acts, events or conducts that may raise some suspicion to the bar character and fitness committee. (4) Therefore, law students character and fitness process starts well before the students are being admitted into the law schools. (5) Ironically, the entering law students are mostly unaware of mandatory disclosure of character and fitness. (6)

   Under the current practice, however, all prospective law students must take the Law School Admission Test (LSAT), which tests applicants' ability, before being admitted to law schools. (7) The purpose of the LSAT is to determine whether students have the essential fundamental skills to become successful lawyers. (8) One can reasonably say that the LSAT score determines prospective law students analytical reasoning, logical reasoning, and reading comprehension skills. (9) In short, law students lawyering abilities are measured based on LSAT. (10) Besides the LSAT, many law schools also consider other variables "like the enthusiasm of the recommenders, the quality of the undergraduate institution, the standard of the applicant's essay, residency, leadership and work experience, unique talents or interests, and the areas and difficulty of undergraduate course selection." (11)

   On the other hand, professional Responsibility (course) is taken mostly after the first year of law school and also considered an upper-level course in many law schools. (12) The course provides knowledge of the law governing the conduct of lawyers and the disciplinary rules of professional conduct as outlined in the ABA Model Rules of Professional Conduct, the Code of Judicial Conduct, case laws, and procedural and evidentiary rules. (13) The Multi-state Professional Responsibility Exam (MPRE) is the test of the course taught in the law schools. (14) Although the MPRE is administered three times per year, the vast majority of law students take the MPRE in their third year of law school or before taking their bar examination. (15) However, the problem with the current practice is the law school disclosure, which the MPRE and the course emphasize and weave on. (16)

2. BURDEN ON AN APPLICANT: "FAIL TO DISCLOSE NECESSARY FACTS"

   All states require that an applicant for admission to the bar be of good character. Character and fitness, however, is a two-step process. Character denotes that law school applicants must candidly disclose all past acts, events, or anything that may raise a red flag on their good moral or ethical character. (17) The disclosure must be done when candidates apply to law school through their law school application. Additionally, candidates must disclose any acts or events that might occur while the candidates are in a law school. This two-part test requires that a law student must disclose any past, adverse events or acts that the candidate might have encountered through his/her birth to his/her journey to the law school. In the second part of the test, the test requires candidates to disclose to the state board of bar examiners of any past act or event when they apply for attorney licensing application.

   Moral character is more an objective criterion while the ethical character is more formal and subjective criteria. Traditionally, moral character is "construed to include offenses concerning adultery and comparable offenses that have no specific connection to the fitness for the practice of law." (18) A moral character may also include violence, dishonesty, breach of trust, or serious interference with the administration of justice. (19) For example, the national conference of bar examiners asks for "have you ever been suspended, censured, or otherwise reprimanded or disqualified as a member of another profession, or as a holder of public office?" (20) Another...