Accord In the Matter of White, 283 Ga. 74, 75 ( 656 SE2d 527) (2008).In the Matter of Lee, 275 Ga. 763, 764 ( 571 SE2d 720) (2002).In re Jenkins, supra, 278 Ga. at 531 (quoting In re C.R.W., 267 Ga. 534, 535 ( 481 SE2d 511) (1997).
Throughout the application process, the burden clearly rests upon the applicant to prove that he possesses the requisite character and moral fitness to practice law. In the Matter of Lee, 275 Ga. 763, 764 ( 571 SE2d 720) (2002). The hearing officer's findings of fact and recommendations are not binding upon the Board.
Throughout the application process, the burden rests upon the applicant to establish his or her fitness to practice law. In the Matter of Lee, 275 Ga. 763 ( 571 S.E.2d 720) (2002). Certification may be denied on the basis of lack of fiscal responsibility.
Davis , 307 Ga. at 280, 834 S.E.2d 93 (affirming the Board's decision to deny reinstatement where the applicant showed an "inability to take responsibility for her prior misdeeds" by shifting the blame for her misconduct to her clients). See also Robbins , 295 Ga. at 68 (2), 757 S.E.2d 54 (affirming the Board's decision to deny reinstatement where the applicant "was equivocal with respect to demonstrating a recognition of the wrongdoing that resulted in disbarment"); In the Matter of Lee , 275 Ga. 763, 764, 571 S.E.2d 720 (2002) (affirming the Board's decision to deny reinstatement, concluding that the applicant "has shown no remorse for his conduct and continues to justify, minimize, or blame others," which "does not add up to a showing of rehabilitation by clear and convincing evidence"). Moreover, although Roberson argues that any misstatements he made during the proceedings were due to a lapse in his memory, rather than a lack of candor, Roberson continued to make misleading and evasive statements in the way he characterized the events surrounding his disbarment even after the Board served him with the specifications, which detailed his past conduct and rule violations.
As this Court has long held, "[t]hroughout the application process, the burden rests upon the applicant to establish his or her fitness to practice law." In the Matter of Lee , 275 Ga. 763, 764, 571 S.E.2d 720 (2002).
Also, when an applicant has a criminal record, the applicant must prove by clear and convincing evidence that, following any conviction, the applicant has fully and completely rehabilitated himself. Id. at 576, 668 S.E.2d 665; In the Matter of Lee, 275 Ga. 763, 764, 571 S.E.2d 720 (2002). And,
[Cit.]” In the Matter of Lee, 275 Ga. 763, 764, 571 S.E.2d 720 (2002). Furthermore,