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What you think is the definition of good moral character

The legal profession is considered noble. That is why, disciplinary action against a lawyer is
intended to protect the court and the public from lawyers that violates the rules on ethical code of this
profession.

Moreover, the High Court stressed that, “The practice of law is a high personal privilege limited
to citizens of good moral character, with special educational qualifications, duly ascertained and
certified.”

Good moral character is being emphasized in its requisites for application for admission to the
bar. One has to establish his good moral character which is necessary to be admitted to the practice of
law.

So, how can we define if a person has good moral character?

In Bar Matter No. 1154,11 good moral character was defined as what a person really is, as
distinguished from good reputation, or from the opinion generally entertained of him, or the estimate in
which he is held by the public in the place where he is known. Moral character is not a subjective term
but one which corresponds to objective reality.

After having read all the eight cases, I was more particular on the case of James Joseph Hamm
whose petition to review the recommendation of the Committee on Character and Fitness (the
Committee) that his application for admission to the State Bar of Arizona (the Bar) be denied was not
granted by the court.

The Committee specifically considered the various factors to determine Hamm's character and
fitness, and failed on the following grounds;

1. The committee was convinced that Hamm has not yet fully accepted responsibility for the two
murders based on his contradicting statements. Even assuming that Hamm has established
rehabilitation, showing rehabilitation from criminal conduct does not, in itself, establish good
moral character. Rehabilitation is a necessary, but not sufficient, ingredient of good moral
character. An applicant must establish his current good moral character, independent of and in
addition to, evidence of rehabilitation. The committee conclude that Hamm failed to make that
showing.
2. Hamm's longstanding failure to fulfill, or even address, his child support obligation to his son
and avoided a basic parental obligation and his testimony as to his failure to comply with the
court order.
3. Hamm’s omissions on his application and his testimony in explaining his failure to disclose all
required information.
4. Hamm’s mental or emotional instability impairing his ability to perform the functions of an
attorney including his testimony as to any diagnosis and treatment.
In this case, Hamm’s continuing alibis to make it appear that he was a reformed man with good
moral character does not validate his honesty, not to mention that he did not disclose all required
information in the application form. His claimed of rehabilitation was not a confirmation of his remorse
about killing a person. And his intentional failure to support his child shows no respect for law and his
child’s right.
For me, character may be viewed as a person’s behavior in reaction to different situations.
According to dictionary, it is defined as the mental and moral qualities distinctive to an individual.
In other cases like Pentecostes Vs. Marasigan, Judge Jaime Quintain and the reinstatement of
Atty. Mejia, all rooted from administrative charges of grave misconduct of falsification of documents.
Accordingly as mentioned by the court, “Clearly, they play a key role in the complement of the
court and cannot be permitted to slacken on their jobs under one pretext or another. They cannot err
without affecting the integrity of the court or the efficient administration of justice.

The same responsibility bears upon all court personnel in view of their exalted positions as
keepers of public faith. The exacting standards of ethics and morality imposed upon court employees
are reflective of the premium placed on the image of the court of justice, and that image is necessarily
mirrored in the conduct, official or otherwise, of court personnel. It becomes the imperative and sacred
duty of everyone charged with the dispensation of justice, from the judge to the lowliest clerk, to
maintain the courts’ good name and standing as true temples of justice.”

Based on all the foregoing, my opinion about good moral character is to possess the following
traits, such as honesty, fair and just to all concerned, self-discipline, and respect to oneself and others.

1. Honesty is the foundation of trust, which is essential in the practice of law.


2. Fair and Just to all concerned - Fairness means that we treat everyone with justice, equality,
impartiality
3. Self-discipline - means self control, which is a sign of inner strength and control of yourself,
your actions, and your reactions; and

4. Respect to oneself and others – Respect for the rights of every individual (Be it human, animal
or trees/plants). Respect for others guides our manners, while respect for ourselves guides our
morals.

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