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Essay / Research Paper Abstract
A 4 page essay that discusses an exercise scenario in which a law student is caught plagiarizing and the question presented, which is whether or not the individual should later be admitted to the bar. The writer refers to numerous relevant cases. No bibliography is offered.
4 pages (~225 words per page)
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ideas of a classmate, "Tisdale," and in the second half of the paper, he includes whole phrases that have been copied word-for-word from sources appearing in the LEXIS and WESTLAW
databases. The students explanation for this action, which is that the plagiarism was inadvertent, is not accepted by his university and he is suspended for a year. After his suspension
is over, he is allowed to return, graduates, and applies for admission to the Wisconsin bar. The question to be considered in this exercise is: "Will Hardy be admitted to
the Wisconsin bar?" (p. 195). The Wisconsin Supreme Court Rules that are applicable to this question are SCR 22.46 and SCR 40.06. By providing in his required questionnaire, a
full disclosure of what he had done, which matches the account provided by his school, Hardy meets the requirements of SCR 22.46. However, satisfying the requirement of SCR 40.06, which
is that "An applicant for bar admission shall establish good moral character and fitness to practice law" (p. 195) is far more problematic. SCR 40.06 reads: An applicant for
bar admission shall establish good moral character and fitness to practice law. The purpose of this requirement is to limit admission to those applicants found to have the qualities
of character and fitness needed to assure...the integrity and he competence of services performed for clients... (pp. 195-196). Furthermore, rule BA 6.01 of the Rules of the Wisconsin
Board of Bar Examiners further indicates the necessity of demonstrating a record that justifies the conclusion that the applicant to the bar is worthy of the "trust of clients, adversaries,
courts and others with respect to the professional duties owed to them" (BA 6.01 p. 196). In dissenting against the majority opinion in the Zbiegien case, 433 N.W.2d 875 (Minnesota