Rule 401. Character and Fitness Requirements

(a) Duties of Applicant. — Every applicant must produce satisfactory

evidence of good moral character and an adequate knowledge of the standards

and ideals of the profession and that such person is otherwise fit to practice law

within the State of Wyoming. The applicant shall have the burden of proving

that the applicant is possessed of good moral character and is fit to practice

law. It shall be the duty of every applicant to make accurate and complete

disclosures in the application to the Court and to the NCBE and to cooperate

in good faith with any investigation by promptly furnishing written or oral

explanations, documents, releases, authorizations, or anything else reasonably

required by the Admissions Director, Bar Counsel or the Committee consistent

with these rules. Failure to appear as directed or to furnish additional proof or

answer as required or to cooperate fully shall be sufficient reason for the

Committee to recommend the denial of an application.

(b) Purposes of Character and Fitness Screening. — The primary purposes of

character and fitness screening before admission to the Bar are to assure the

protection of the public and safeguard the justice system. The Committee shall

not recommend an applicant be admitted to practice law if the Committee

believes that such applicant would, if admitted to practice law in Wyoming, be

unable or unwilling to act in accordance with the standards set forth in the

Wyoming Rules of Professional Conduct, and to act fairly, honestly, reasonably

and with unquestionable integrity in all matters in which he or she acts as an

attorney at law.

t recommend an applicant be admitted to practice law if the Committee

believes that such applicant would, if admitted to practice law in Wyoming, be

unable or unwilling to act in accordance with the standards set forth in the

Wyoming Rules of Professional Conduct, and to act fairly, honestly, reasonably

and with unquestionable integrity in all matters in which he or she acts as an

attorney at law.

(i) Good moral character includes but is not limited to a record of conduct

manifesting the qualities of honesty, candor, trustworthiness, observance of

fiduciary responsibilities, adherence to the law, and a respect for the rights

of other persons and the judicial process.

(ii) Fitness to practice law includes but is not limited to a record of conduct

that establishes that the applicant meets the essential eligibility requirements for the practice of law. The essential eligibility requirements for the

practice of law are:

(A) The ability to exercise good judgment and to conduct oneself with a

high degree of honesty, integrity and trustworthiness in financial dealings,

legal obligations, professional relationships, and in one’s professional

business;

(B) The ability to conduct oneself in a manner that engenders respect

for the law and adheres to the Wyoming Rules of Professional Conduct;

(C) The ability to diligently, reliably, and timely perform legal tasks and

fulfill professional obligations to clients, attorneys, courts and others;

(D) The ability to competently undertake fundamental lawyering skills

such as legal reasoning and analysis, recollection of complex factual

information and integration of such information with complex legal

theories, problem solving, and recognition and resolution of ethical dilemmas; and

(E) The ability to communicate comprehensibly with clients, attorneys,

courts, and others.

(c) Factors Considered. — The following factors shall be considered when

determining an applicant’s good moral character and fitness to practice law:

ex factual

information and integration of such information with complex legal

theories, problem solving, and recognition and resolution of ethical dilemmas; and

(E) The ability to communicate comprehensibly with clients, attorneys,

courts, and others.

(c) Factors Considered. — The following factors shall be considered when

determining an applicant’s good moral character and fitness to practice law:

(i) Unlawful conduct;

(ii) Academic misconduct;

(iii) Making or procuring any false or misleading statement or omission of

relevant information, including any false or misleading statement or omission on the application for admission to the Bar, or any amendment, or in

any testimony or sworn statement submitted to the Board or the Committee;

(iv) Misconduct in employment;

(v) Acts involving dishonesty, fraud, deceit or misrepresentation;

(vi) Abuse of legal process;

(vii) Neglect of financial responsibilities;

(viii) Neglect of professional obligations;

(ix) Violation of an order of a court;

(x) Conduct demonstrating an inability to meet one or more essential

eligibility requirements for the practice of law;

(xi) Conduct that physically threatens or harms another person;

(xii) Denial of admission to the bar in this or another jurisdiction on

character and fitness grounds;

(xiii) Disciplinary action by the lawyer disciplinary agency or other

professional disciplinary agency of any jurisdiction;

(xiv) Conduct evidencing any current condition or impairment (including,

but not limited to, substance abuse, alcohol abuse, or a mental, emotional or

nervous disorder or condition) that in any way affects the applicant’s ability

to practice law in a competent, ethical, and professional manner; and

(xv) Any other conduct which reflects adversely upon the good moral

character and or fitness of the applicant to practice law.

any current condition or impairment (including,

but not limited to, substance abuse, alcohol abuse, or a mental, emotional or

nervous disorder or condition) that in any way affects the applicant’s ability

to practice law in a competent, ethical, and professional manner; and

(xv) Any other conduct which reflects adversely upon the good moral

character and or fitness of the applicant to practice law.

(d) Prior Conduct—Aggravating and Mitigating Factors. — In making the

determination on character and fitness of each applicant, the following factors

should be considered in assigning weight and significance to prior conduct of

the applicant:

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

(ii) The recency of the conduct;

(iii) The reliability of the information concerning the conduct;

(iv) The seriousness of the conduct;

(v) The factors or circumstances underlying the conduct;

(vi) The cumulative effect of the conduct or information;

(vii) The evidence of rehabilitation;

(viii) The applicant’s positive social contributions since the conduct;

(ix) The applicant’s candor in the admissions process;

(x) The materiality of any omissions or misrepresentations.

(xi) An applicant who affirmatively asserts rehabilitation from prior

conduct must produce evidence of rehabilitation which may include, but is

not limited to, the following:

(A) compliance with the specific conditions of any disciplinary, judicial,

administrative, or other order, where applicable;

(B) good character and moral standing in the community;

(C) good reputation for professional ability, where applicable;

(D) lack of malice and ill feeling toward those who, by duty, were

compelled to bring about the disciplinary, judicial, administrative, or other

proceeding;

(E) personal assurances, supported by corroborating evidence, of a

desire and intention to conduct one’s self in an exemplary fashion in the

future;

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

(G) positive action showing rehabilitation by occupation, community

service or civic service; and

, were

compelled to bring about the disciplinary, judicial, administrative, or other

proceeding;

(E) personal assurances, supported by corroborating evidence, of a

desire and intention to conduct one’s self in an exemplary fashion in the

future;

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

(G) positive action showing rehabilitation by occupation, community

service or civic service; and

(H) any other evidence which reflects rehabilitation of the applicant.

(e) Non-Discrimination Policy. — In determining good moral character and

fitness to practice law, the Committee shall not discriminate against any

applicant on the basis of:

(i) Race, color or ethnic identity;

(ii) Gender or gender identity;

(iii) Sexual orientation;

(iv) Marital status;

(v) Creed or religion;

(vi) Political beliefs or affiliation;

(vii) Sensory, mental or physical disability;

(viii) National origin;

(ix) Age; or

(x) Any other class protected under state or federal law.