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WA · rules

Wash. Admission & Prac. R. 21

Factors Considered when Determining character and Fitness

activein force · 2017-09-01 – presentact-effective-date

(a) Factors Considered. The following factors shall be considered when determining an

applicant’s good moral character and fitness to practice law;

(1) unlawful conduct;

(2) academic misconduct;

(3) making of false statements or omitting material information in connection with an

application for limited admission to practice law, to take an examination required for admission,

or otherwise for licensure or admission to practice law;

(4) misconduct in employment;

(5) acts involving dishonesty, making false statements, fraud, deceit, or misrepresentation;

(6) abuse of legal process;

(7) neglect of financial responsibilities;

(8) disregard of professional obligations;

(9) violation of a court order;

(10) conduct demonstrating an inability to meet one or more essential eligibility

requirements for the practice of law;

(11) denial of admission to the bar in this or another jurisdiction on character and fitness

grounds;

(12) disciplinary action by any professional licensing or disciplinary agency of any

jurisdiction;

(13) conduct that physically threatens or harms another person; and

(14) any other conduct that reflects adversely on moral character or fitness of the applicant

to practice law.

(b) Aggravating and Mitigating Factors. The following factors shall be considered in

mitigation or aggravation when determining an applicant’s good moral character or fitness to

practice law:

(1) applicant’s age at the time of the conduct;

(2) recency of the conduct;

(3) reliability of the information concerning the conduct;

(4) seriousness of the conduct;

(5) factors or circumstances underlying the conduct;

(6) cumulative nature of the conduct;

(7) candor in the admissions process and before the Character and Fitness Board;

(8) materiality of any omissions or misrepresentations; and

(9) evidence of rehabilitation, recovery, or remission, which may include but is not limited

to the following, no single one of which is determinative;

(i) absence of recent misconduct;

(ii) compliance with any disciplinary, judicial, or administrative order arising out of the

misconduct;

(iii) sufficiency of punishment;

(iv) restitution of funds or property, where applicable;

(v) applicant’s attitude toward the misconduct, including without limitation acceptance of

responsibility and remorse;

(vi) personal assurances, supported by corroborating evidence, of a desire and intent to

engage in exemplary conduct in the future;

(vii) constructive activities and accomplishments since the conduct in question;

(viii) the applicant’s understanding and acceptance of the factors leading to the misconduct

and how similar misconduct may be avoided in the future;

(ix) length of time in which the applicant has been in recovery, or remission, where

applicable, and if it is less than two years, expert opinion that the period of treatment, recovery,

or remission is adequate for the Applicant to meet the essential eligibility requirements for the

practice of law; and

(x) compliance with any recommended or prescribed treatment plans.

(c) Nondiscrimination Policy. In determining good moral character and fitness to practice

law, the Bar and the Character and Fitness Board shall not discriminate against any applicant on

the basis of:

(1) race, color, or ethnic identity;

(2) gender or gender identity;

(3) sexual orientation;

(4) marital status;

(5) creed or religion;

(6) political beliefs or affiliation;

(7) sensory, mental, or physical disability;

(8) national origin;

(9) age;

(10) honorably discharged veteran or military status;

(11) use of a trained service animal by a person with a disability; or

(12) any other class protected under state or federal law.

History

[Adopted effective September 1, 2006; Amended effective September 1, 2016; September 1, 2017.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
109e1d433e2535b7a9d0c8cb6738d07411d5aeee711aecb88b6d409e684d6722
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