Character and Fitness FAQs - Colorado Supreme Court

What is meant by possessing the necessary character and fitness?

Attorney Admissions will certify to the Supreme Court applicants who are found to have the character and fitness necessary to practice law in Colorado. See C.R.C.P. 208.3(4). The purpose of the character and fitness investigation is to protect the public and safeguard the system of justice. See Rule 208.1(1). An applicant will be certified if Attorney Admissions finds that the applicant has a record of conduct which demonstrates that they meet the essential eligibility requirements and justifies the trust of clients, adversaries, courts and the public.

What are the Essential Eligibility Requirements for the practice of law?

Under Rule 208.1(5), applicants must meet ALL of the following:

Honesty and candor with clients, lawyers, courts, regulatory authorities and others;
The ability to reason logically, recall complex factual information, and accurately analyze legal problems;
The ability to use a high degree of organization and clarity in communicating with clients, lawyers, judicial officers, and others;
The ability to use good judgment on behalf of clients and in conducting one’s professional business;
The ability to conduct oneself with respect for and in accordance with the law;
The ability to exhibit regard for the rights and welfare of others;
The ability to comply with the Colorado Rules of Professional Conduct; state, local, and federal laws, regulations, statutes, and rules; and orders of a court or tribunal;
The ability to act diligently and reliably in fulfilling obligations to clients, lawyers, courts, and others;
The ability to be honest and use good judgment in financial dealings on behalf of oneself, clients, and others; and
The ability to comply with deadlines and time constraints.

How important is candor in the application process?

The Colorado application is a sworn statement filed with Attorney Admissions, an agency of the Colorado Supreme Court. Lack of candor in the application, or in the subsequent character and fitness investigation, including failure to fully and candidly disclose required or requested information, is considered a serious matter. Dishonesty in the bar application process will result in serious consequences for the applicant including delay in admission and/or possible denial of admission.

What questions are asked on the application?

The application elicits information regarding the applicant’s educational background, residence history, employment history, admission in other jurisdictions, names and addresses of references, and a host of information regarding past conduct.

What is the most common reason for denial of a bar application?

Learn more about the Character and Fitness Process here.

Will any incident in my past automatically disqualify me from admission to the Bar?

There is no type of misconduct that will automatically render an applicant ineligible for admission to the Colorado Bar. Click here for more information.

How does Attorney Admissions conduct further inquiry?

Attorney Admissions has a separate Character and Fitness division with staff and investigators who conduct the background investigations. During the background investigation, the applicant may be asked to provide additional facts, explanations and/or materials concerning any response. Learn more about the Character and Fitness Process here.

How does Attorney Admissions determine the appropriate weight and significance to give prior conduct?

Attorney Admissions considers many factors in assigning weight and significance to an applicant’s prior conduct. See C.R.C.P. 208.1(7).

What can an applicant do if the applicant believes his or her record may cause further inquiry?

Each applicant is obligated to cooperate fully with Attorney Admissions’ character and fitness investigation, providing prompt and complete responses to all requests for additional records or explanations. If the applicant has a past problem or history of problems that reflect on character, the applicant may wish to submit additional written evidence of rehabilitation. An applicant may affirmatively assert rehabilitation from past conduct and provide evidence of such as provided by Rule 208.1(8).

Applicants with alcohol, substance abuse or mental health issues should also consider seeking the advice of counsel as well as contacting the Colorado Lawyer Assistance Program (COLAP). COLAP is a confidential resource available to recent law school students, graduates and licensed attorneys which may be able to assist an applicant in determining what steps can be taken now to assess the current status of a condition or impairment, and if needed, to seek treatment and/or testing. See www.coloradolap.org.

Why is evidence of rehabilitation so important?

Evidence of rehabilitation is critical to Attorney Admissions’ determination of whether past problems are likely to lead to future misconduct. Attorney Admissions must determine whether the applicant’s behavioral record indicates that the applicant’s life has changed in ways to suggest misconduct is unlikely to recur. Learn more about the Character and Fitness Process here.

What kind of inquiry will be conducted if an applicant has abused drugs or alcohol, or has been treated for chemical abuse or dependency?

Evidence of drug or alcohol dependence or abuse that results in misconduct or interferes with the ability to practice law is a factor in completing a character and fitness investigation. Examples may include but are not limited to criminal arrest, employment terminations, and inability to care for oneself or others in their care.

The Colorado Lawyer Assistance Program (COLAP) is a confidential resource available to recent law school students, graduates and licensed attorneys. COLAP may be able to assist an applicant in determining what steps can be taken now to assess the current status of a condition or impairment, and if needed, to seek treatment and/or testing. See www.coloradolap.org.

Why are mental or emotional conditions relevant to a bar application?

Attorney Admissions will investigate whether a mental or emotional condition impairs the applicant’s ability to practice law. During the character and fitness investigation of an application, the Office of Attorney Admissions may ask for additional documentation pertaining to a mental health condition. Learn more about the Character and Fitness Process here.

Once an applicant discloses confidential medical, psychological or chemical dependency treatment records, will Attorney Admissions keep those records confidential?

Attorney Admissions must hold all information and records received in the admission process in the strictest confidence with limited exceptions. See C.R.C.P. 203.1(2) and 211.1(1).

Why does Attorney Admissions inquire about arrests not resulting in convictions?

There are many reasons why arrests do not result in convictions, and many of them have no bearing on guilt or innocence. Attorney Admissions investigates all areas of possible relevant applicant misconduct. The applicant must report all criminal incidents.

What types of court documents are required for criminal matters?

In order to conduct a thorough character and fitness investigation, any and all substantiating documentation pertaining to the offense are required. These may include an arrest report, investigation report, indictment, sentencing order, register of action, and proof of successful completion.

Will a felony conviction prohibit my admission?

No. Colorado does not have an automatic bar for applicants with a felony conviction. Learn more about the Character and Fitness Process here.

Why are financial problems, such as past due debts, relevant to admission?

Attorney Admissions recognizes that law students sometimes have financial problems associated with the expense of law school or with on-going financial obligations. Attorney Admissions also recognizes that mishandling of client funds is a frequent cause for professional discipline. Attorney Admissions is concerned about the admission of persons with a pattern of financial irresponsibility. Learn more about the Character and Fitness Process here.

What if I am currently the subject of a criminal sentence of probation or a deferred sentence/judgment/prosecution?

If at the time of your application, you are the subject of a court-ordered criminal sentence of probation or have pled to a deferred sentence/judgment/prosecution, the character and fitness investigation matter may not continue until you have successfully completed all the terms of the court-ordered sentence or have been released from the deferred agreement.

What should I do if I have questions about my past conduct and how to disclose it on my application?

The Office of Attorney Admissions cannot instruct or advise an applicant on how to complete their application. In general, we recommend that it is better to over disclose than not disclose past conduct.

When providing details to the application questions, can I print and submit details from lenders, courts, police departments, etc. in lieu of filling out the form associated with that question?

No. Each question on all applications must be completed by the applicant. It is not Attorney Admissions’ responsibility to extract the information from any statements or reports. You may not answer questions by incorporation (e.g. “… see attached document.”).

When will my Character and Fitness Investigation be finished?

A thoughtful and complete Character and Fitness Investigation takes a significant amount of time and involves a multi-step process. It can take anywhere from several weeks to more than a year depending on the nature of the investigation, the issues involved, the applicant’s response to requests for additional information, cooperation from outside sources (i.e. references, other government agencies, law schools), etc.

Once the Character and Fitness Investigation review is complete, an applicant will receive a system notification and the status will be reflected on their Application Status page in their Applicant Account.

Do I have a duty to supplement or update my application?

Yes. The Colorado Attorney Admissions Application is a continuing obligation to supplement application. See C.R.C.P. 203.1(3) and 208.2(3).