2.06. Ethical Obligations in Submitting/Supporting an Application [Rule 8.1]

An applicant seeking admission and a lawyer that is providing information related to an applicant, have an ethical obligation to respond truthfully in filling out the bar application or in providing information in support of a bar application.  In addition, there is an ethical obligation to correct any misstatements previously made in relation to an admissions application. 

Christine Kepple grew up and went to undergraduate school in Maryland.  She went to law school in West Virginia.  She represented on her law school application that she was a West Virginia resident and received in-state tuition throughout her time in law school.  However, she lived in Maryland while attending law school (although she did obtain a West Virginia post office box for mail).  Kepple’s bar application for Maryland included this question:  are there any circumstances or unfavorable incidences in your life, whether at school, college, law school, business or otherwise, which may have a bearing upon your character or fitness to practice law, not called for by the questions contained in this bar application?  Kepple answered “no.”  Kepple was admitted to the bar.  Thirteen years later, Kepple’s ex-husband filed a bar complaint against Kepple arguing that she failed to disclose her deception about her residency on her bar application.  Has Kepple violated Rule 8.1? Attorney Grievance Comm’n v. Kepple, 68 A.3d 214 (Md. Ct. App. 2013)

Yes.  The court held that Kepple lied about her residency to the law school and failed to reveal that lie in her bar application:  by answering no to the question about incidents regarding her character and fitness Kepple “knowingly [made] a false statement of material fact” under Rule 1.8(a).  The court in mitigation considered Kepple’s long career with no prior discipline, the fact that the complaint was filed by her ex-husband purely to seek revenge, and because she offered to repay the money to her law school, and determined that she should be indefinitely suspended with the right to apply for readmission in 30 days.

There is an exception to the duty to disclose this information.  Sometimes applicants to the bar hire lawyers to represent them.  If an applicant hires a lawyer, then an attorney/client relationship is formed.  In that situation, the lawyer owes a duty of confidentiality to the client.  That obligation is set out in Rule 1.6 of the Rules of Professional Conduct.  The obligation to disclose information is limited when the lawyer is representing the applicant.