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Ethics
: Legal Ethics ForumScott DeVito: "Justice and the Felonious Attorney"
Article here. Abstract:
In this article, I analyze recent case law in which applicants for admission to their State bar with prior criminal records were denied admission because the applicant was unable to demonstrate that he/she had good present moral character. I demonstrate that Courts claim to base their decisions on a stated standard of good moral character (good individual moral character) while actually using a different and unstated standard (good group moral character). I also ground the distinction between individual moral character and group moral character in 3000 years of moral philosophy. While the article focuses primarily on three recent Arizona decisions (relating to Lee Keller King, James Hamm, and Richard B. Arrotta) it also demonstrates that this problem arises in other jurisdictions (Louisiana, the District of Columbia, and Illinois).
Full post as published by Legal Ethics Forum on January 05, 2010 (boomark / email).
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