Admission as a Lawyer: The Fearful Spectre of Academic Misconduct

The Distinctive Nature of Academic Integrity in Graduate Legal Education

“…The purpose of allowing academic misconduct to figure in admission decisions depends on a belief that an individual who is prepared to cheat in one institutional context is lacking in what some call "moral fibre" and will likely be inclined to do so in another (Corbin & Carter, 2007;Thomas, 2013). Legal academics who have studied the issue in Canada, Australia, and the United States have noted that there is no evidence of a correlation between past disclosed misconduct as a student and future conduct as a lawyer (Rhode, 1985;Thomas, 2013;Woolley, 2007).…”

“…The purpose of allowing academic misconduct to figure in admission decisions depends on a belief that an individual who is prepared to cheat in one institutional context is lacking in what some call "moral fibre" and will likely be inclined to do so in another (Corbin & Carter, 2007;Thomas, 2013). Legal academics who have studied the issue in Canada, Australia, and the United States have noted that there is no evidence of a correlation between past disclosed misconduct as a student and future conduct as a lawyer (Rhode, 1985;Thomas, 2013;Woolley, 2007). However, studies in other disciplines such as business, nursing and engineering do at least suggest there is a correlation, if not a causal link, between academic misconduct and workplace dishonesty, even if concerns about methodological flaws have been raised about these studies (Furutan, 2018;Harding et al, 2004;Hilbert, 1985;LaDuke, 2013;Miron, 2021;Nonis & Swift, 2001).…”

“…There is at least one law school that appears to make it a practice to require law students to report themselves to the law society if they are found guilty of academic misconduct; see Law Society of Ontario v Nsamba (2020). The limited evidence suggests only that it is likely that law schools, as well as instructors, differ on whether and when they report (Thomas, 2013).…”

“…It has been argued that, because of the conflict between what law students learn about plagiarism at university and what they will experience about unattributed copying during their legal practice, it is unfair for students to be held accountable on admission to practice for the much stricter rules of academic misconduct (Bast & Samuels, 2008;Wyburn, 2009). Along with those who have studied this issue in more depth (Rhode, 1985;Thomas, 2013;Woolley, 2007Woolley, , 2013, I believe the answer to this question depends in part on whether there is any correlation between past academic misconduct and an individual's future conduct as a lawyer. The Federation of Law Societies of Canada seems convinced that a causal link must exist and unconcerned about whether there is any evidence to support that belief.…”

Academic Integrity in Legal Education

“…Specifically, the "revelation or discovery" of an applicant's academic misconduct "should be treated as cause for further inquiry" before concluding the applicant "possesses the character and fitness to practice law" (ABA, Comprehensive Guide, 2014b, p. viii). Although it is rare for state bar associations to refuse an applicant admission based on plagiarism as a student (Bast andSamuels 2007-2008;Thomas 2013), the embarrassment alone of making the disclosure may be an effective deterrent especially following the latest statements from the ABA (2014b).…”