From the Single Mom's Law School Experience, then "Almost Attorney" to FINALLY an Esquire!

Phew....

2014-05-18T12:24:00.000-07:00

I cannot believe it has been nearly a year since I have posted. It has been a very, very busy year full of ups and downs. I have been in my office for over a year that sits and overlooks the courthouse. That has been fun.

I have had more trials and hearings than I care to describe. I love my job. I am so grateful for it daily. More than that, my practice has grown incredibly.

Some of the new things I have done:

Represented a birth mom in an adoption. That was both wonderful and terrible at the same time. There is something beautiful and selfless in this -- but as a mother myself, I imagine the heartbreak would be crippling at times.
Had a judge ask me to represent a child in a very, very unusual way. First, I was shocked that the judge had heard that I represent kiddo's on pro bono status. Then to see the judge's thoughts and have that rare ex-parte contact was interesting.
Had a trial go sideways. And I do mean sideways. The result was so unexpected.
Working my first appeal. The otherside is pro se, but whatever. Interesting nonetheless.
Dealt with the first TRULY crazy pro se person. Word to the wise: never speak on phone. Only ever speak in person.
Won my first UCCJEA case. Yes, these are real. Yes, the are messy. And while technically this was a federal act, each state implemented and interprets differently. My case required close work with an attorney in Hawaii.

The one thing that I have learned: Domestic Relations is NEVER boring. There is something new every day. The challenge is the emotional toll it can take.

Dealing with Opposing Counsel

2013-07-09T13:13:00.002-07:00

I don't know what was in the air last month, but I managed to make a few attorney's angry. All attorney's guard their integrity closely. As they should. But some have limited memory of what they say in judges chambers. I actually had an attorney aggrieved with me because they believed I called them a liar in front of the judge. I didn't. Didn't even come close.

Further, another attorney was upset because his/her client told him/her that I was speaking terrible things about him/her. And without double checking with me, I was brandished as someone that was out there gossiping and talking smack.

Peyton's Place. This profession is a den of gossip, and a bunch of divas.

My advice: When you find out that opposing counsel has been offended, don't always ignore it. Take the time to straighten it out and let the other side know that your intent was not to do as they thought you did. That 2 minute conversation will garner you a lot of appreciation and respect. Remember, you are going to have many more cases with that person. Make it work.

Ups and Downs...

2013-03-17T10:39:00.002-07:00

I started my own firm and my practice area is mainly family law. This has been an interesting venture for me, but one that is starting to pay off. I started this firm back in mid- December, when someone I knew contacting me wanting representation on a modification of custody.

January found my adding two more clients, February even more, and the beginning of this month saw me adding even more clients. To the point that I am now pretty busy.

I had my first contested hearing against a well known firm this week as well. That was interesting to prepare for and to conduct.

I wake up every morning thinking that I love my job. I really do. I have no complaints and instead, when that alarm goes off at 5:30 am, I am jumping out of bed, eager to get to the office.

The great thing about starting your own firm is you control your overhead. My overhead is really low right now. My family's business has given me some temporary space to use for now and sometimes I even work from home. I have my eye on the perfect office share situation, but I figure I need a few more steady clients before I can justify that expense. Though the location is just a block from the courthouse.

So far there has been little drama, lots of growing, and love of my job and what I do. There have been some other surprises along the way though. When your client cries, what do you do? The pro se litigant that calls you and screams at you --- how do you handle that one. Other attorney's treating you like a moron because they can see by your bar number you are a newbie. But all those challenges are exciting for now. They are, but a rite of passage.

LSAT's: Why they matter.

2012-11-29T09:14:00.000-08:00

My LSAT score was average. My first year of law school I spent saying, "Hey, LSAT'S are not a true indication of how a law student will do." (Disclaimer: In my case, I was above school median, and I did do better than the formula said I would -- but this is not the norm). I spread that around to everyone that would listen. And quite frequently applicants will write addendums to why their scores should not be indicitive of what type of student they will be either. They point to their GPA or something else. But I am here to tell you what the LSAT is indictive of......

1. Whether you pass the bar on one try. Yes, you heard that right. There is a coorelation between your LSAT score and bar passage. The lower the score the less likely that you will pass on the first try, if at all. Why? If you can't do well on the standardized test that is the LSAT, you are going to struggle big time on the bar.

2. The LSAT is but ONE idicator. LSAC takes your LSAT score and your GPA and then has a formula that calculates what your first year law GPA will be.... and you know what? It's eerily correct. For instance, if you have someone with a 153 score and a 3.79, then LSAC says your first year will have you at about a 3.1. Yep, right on Johnnio as is evidenced by scores of individuals who demonstate this. There will always be a few outliers, but by and far, the score is right on.

3. The mean average of the LSAT is about a 152. You need to be looking at law schools and find if you fall near the class profile average. If you aren't close, it's a pipedream that you are getting in. You want into Harvard? You better be scoring in between a 170-175. Otherwise your application is no more than toilet paper to the admission office. As you go down the tier levels, you will see that the LSAT median falls. University of Oregon has a 155-160 spread. You need to hit that mark.

4. Be competitive in your scores. If the LSAT median is 153, anything below a 147 is just NOT competitive. No matter what great argument or tragedy you have for scoring that low is not going to secure you a spot. Retake the exam. Period. Might not be fun, but hey, neither is law school. (Oh, and don't study the same way you did before --- find something that works this time).

5. Bad LSAT score means less or no merit scholarships the first year. Got that? You want merit scholarships, you better be on the upper end of that score.

6. You score below a 150 (the median), take that sucker again. Score below a 145, don't even bother applying to a law school -- unless it's an unaccredited one and you don't want to sit for the bar in any state but California.

Look, there are programs out there to help you learn. Study for this test as if your life depends on it. If you do bad the first time, study different the second time. If it didn't work the first time, it most certainly will not the next time. So your approach has to be very, very different. This test is not about what you know... it's about what you can problem solve in limited amounts of time. Repetition is the key to doing well.

Applying for law school

2012-11-26T14:19:00.000-08:00

In my temporary position at the law school, I read a ton of personal statements. After the first month, they all started sounding the same. I have thought a lot about what I would recommend to people writing a statement and here are my thoughts:

1. First, remember this is probably your most important academic paper yet. Proof read, then have others proof read, then proof read again.
2. Don't write this like it's some creative writing english essay. Honestly, I don't want to read about your toes drifting through the lapping of the waves off your boat dock. And neither does the admission committee.
3. Everyone applying for law school wants to be there. You really aren't unique. Nor is your drive to go to law school.
4. Don't include a photo.
5. Don't minimize your mistakes. Own them in full.
6. Don't tell us why you would be a good candidate for another law school.

So, having bumped the negatives out real fast, let me tell you what I would do to make myself standout:

1. Give the committee a snapshot of you and your passion. This is your one shot to show why you stand out as a PERSON, not as a student. Your GPA will will tell your success as a student. Your recommendations will also give evidence to this...... but your personal statement allows the committee to see who you are and how you will meld with the class profile that is growing. Make yourself standout.
2. We need to know you are a fighter. Law school requires immense amounts of focus, tenacity and perserverance --- show us you have that.
3. Write actively, persuasively, and positively.
4. Show us that you have researched our school and incorporate specifically what it is about our programs and community that makes you want to call our school home.

My new hero Bob Goff

2012-10-13T00:49:00.002-07:00

My friend sent me a link to www.bobgoff.com as she was at a conference where he was speaking. This man's determination to become an attorney, reminded me of myself. But his heart to do more with his law degree (and admittedly how he considers Disneyland to be his office......lol) echoes the call in my own heart.

He started a nonprofit called Restore International. In the past year, this nonprofit has built two homes for girls who were sex trafficked, one in Uganda and one in India.

He also has written a book called Love Does. Looking forward to reading this book and reporting back.

I love reading about lawyers that feel a greater calling in their lives and who take the responsibility and mantle of a law degree seriously.

Interview

2012-10-09T20:48:00.001-07:00

I have one of those coveted interviews for a recent law grad, bar passer. The job is interesting, but not the practice of law, even though bar admittance is required. The job is for an association that as part of it's services provides consulting on legal issues for it's members. Not only is there consulting and investigating for the members, but also teaching of seminars to educate members and writing articles for publication. The area is employment law which is a fascinating area and with the economy the way it is, a growing area. Pretty excited to have the interview.

Oregon: So you are sworn in, what happens next?

2012-10-09T11:32:00.000-07:00

No one tells you about the process that happens AFTER swearing in. I naively thought, great, I am sworn in and it's good to go. Law school doesn't prepare you for the fact that this is NOT TRUE. Here is a run down of the bar happenings in Oregon:

1. Swearing in ceremony where you take the oath, and sign it, to be filed with the Surpreme Court.
2. A few days AFTER the event, the Oregon Bar will contact you with your bar number.
3. You must wait at least 24 hours before registering your personal profile with the bar.
4. Register your profile with the bar.
5. Sign up for the New Lawyer Mentoring program (in Oregon this must be done w/n 28 days of swearing in).
6. Contact the PLF if you plan on opening your practice. The PLF is the exclusive insurer for malpractice insurance in Oregon.
7. Look for your 2012 prorated bar membership dues. They are due sometime the beginning of December (I had no idea that you had to pay this fee!).

That's just to get you legit with the BAR........ not the mirad of things you must do to get your business registered...... lots, and lots, and lots of paperwork.

Please research before you call....

2012-10-09T09:45:00.000-07:00

One thing that is apparent to me after talking to students considering attending law school... people do not do their research. So, most law schools have a webpage, most have information they can send out to you when you request the information. Research your schools requirements. Let's be frank.. you won't get into Law School that has a median LSAT score of 160, if your score was a 144. Not going to happen no matter how good your GPA is. Retake that test. If you retake the test and do not improve by 5 points or more, and you don't bump up into the 150's, I think you should consider how you studied for the test. You need a new program. This test is not about how smart you --- the test is designed to test your standardized testing reasoning and your response to stress. Nothing more.

Second, visit the school. Or a law school. Law school is not undergraduate school. Each school has specific curriculum you have to complete your first year (and some require 2nd year classes as well). Find out what each schools requirements are for curriculum. Find out everything you can about the school and make a list of questions. It's okay to ask admissions these questions. That's their job and they love to interact with potential students. Heck, ask the school if they have any current students that you can speak with...... there you will get brutal honesty.

Let's talk Charactor and Fitness.... If you have a record, you might want to consider what it was for. A few speeding tickets over a 10 year period is common. A kidnapping or felony assault -- not so. I am betting most law schools are not going to grant admission with that kind of record. Why? Because the bar won't admit you with that kind of record. Why would you go through 3 years of HELL only to be told by the bar that you can't be recommended for admission?

Reminder for you 1L's

2012-10-08T12:36:00.003-07:00

Today I met a single parent struggling through that first semester of law school. Watching the agony of wanting to get good grades and wanting to be a good parent to a small child brought up a lot of feelings in me, reminding me of my first year. I spent some time talking with this student because I could see that the proverbial wall of information overload had been hit.

So some reminders:

1. Study smart, not hard. There really is no reason to read the minuta of a case. Look at what the case pertains to. So if it is first degree murder on appeal.... there you are. Look at the elements of first degree murder. Now go find what it is in the that case that is being argued that violates/does not establish an element to the case.

For example: First degree murder is the premeditated killing of another human being with malice aforethought.

You can break that down to:
1. A human died
2. Premeditated
3. Malice aforethought.

If something is on appeal, it deals with one of those prongs. You can now look at the facts of the case and the holding to find what that is. And zero in on the courts reasoning.

Some students miss that crucial point. They forget to find the elements that is being appealed and they get lost in the arguments being made.

2. Find some distraction for your kids. Enrolling him/her in dance or soccer... anything that buys you a few hours of time. Something fun for the child to do, while you get an hour to yourself to study.

3. Find a teenager with a babysitting bag... seriously. My daughter is 14 and she has a bag of goodies. She also teaches the little girls whom she might babysit dance and cheer moves. She gives them one on one attention outside of a babysitting atmosphere -- the upside is your kid gets somethign fun to do -- and you get study time.

4. Let go. You are not going to be the 4.0 student you were before you had a child. And contrary to what you believe, you will not be superparent either..... meaning the dishes and house are going to go to pots. You might earn a 3.2 instead. You are not going to be able to stay up until 4:30 on study sessions.... can't do it. It's not realistic. And you know what? It's okay. It's okay to let some of these things go. Your priority is to your kid(s), then school.... but to yourself to. Which leads me to #5.

5. Take some me time. Seriously. You need to be YOU outside of super student and child. Find a way to unwind. Let's face it, if you are in law school, you are likely wound tighter than a mama bear who is protecting her cub. Take a walk (regularly). Pick up that guitar that has gathered dust. Have a regular tv program that does not require you to think. Actually, the best thing is something physical to get those stresses out.... but the point is this: get out of the house and for goodness sake, get out of your OWN HEAD.

Job Market is Abysmal

2012-10-07T20:57:00.001-07:00

If you are reading this because you want to go to law school, be AWARE, the job market is abysmal. There is very little out there for recent graduates. Know this. Be aware. And know that one has to think creatively. The law is traditional. Very slow to turn. And that means with the economy as well. Conservatism in hiring and turning things around.

I am finding that most of my classmates hung their own shingle. Very few secured firm jobs or government jobs either. Firms downsized and so those lawyers with less experience were let go and those attorney's filled the market that is usually open for newer attorney's. Networking only goes so far.

Swearing in Ceremony

2012-10-07T20:51:00.000-07:00

I rocked the Elle Woods look the day I was sworn in. I sat smack in the middle of a sea of black and gray. I have to say that it would have been hilarious if someone would have took a picture from the stage, looking out, with me the only one in a bright color... it would have been like a Where's Waldo!

The Waiting Game Again...

2012-10-02T12:48:00.003-07:00

From 3/11/11

Here we are again! The waiting game. Questioning myself, wondering if I did the right thing, answered the right question, gave the examiners what they were looking for. The waiting is killing me. I can't sleep, my TMJ is out of this world -- I'm in pain, and if I don't find a way to deal with this stress, I am probably going to go nuts. This is not a good place to be.

In addition to all of that. I am still in limbo. How do I know what kind of job to look for? And the job market still is terrible. So, what do I do? Where do I go? How do I know what is coming? I am a planner. I do very little on whims or just because......

((That's where I left off in 2011. And reading this again today brought tears to my eyes and made my stomach hurt. I can't believe that was me 1 1/2 ago.)

My first job in the legal field....

2012-10-02T12:47:00.001-07:00

I found this in my drafts... apparently I never published it!!! Kind of fun to read something I wrote in 2008. Thought you all my find my thoughts back then interesting too:

I am one of the lucky few first year students who landed a paying job for the summer. Actually, my job will run for two years. I am working in the government sector for the office responsible for representing the state agency that is responsible for placing abused/neglected children into protective custody. My office receives the case when the agency decides that it would be in the best interest of the child(ren) to terminate the parental rights in order to free the children for adoption.

This job is emotionally exhausting. We deal with the "dregs" of society--parents who neglect, beat, sexually abuse, expose the children to drugs or sex offenders, and so on. These children come to the agency broken and emotionally fragile, having seen images and experienced pain that the average person cannot even begin to comprehend.

As a law clerk here are my average duties:

Organize evidence.

Compile a trial notebook that the attorney will use.
Generate witness list/data source.
Draft petitions, motions, orders, subpeonas, and judgments.
Interview witnesses.
Prepare exhibits.

I actually really enjoy what I do. We take a case and organize it and do the work prep for the attorney.

Mom and Job Collide

2012-10-02T12:44:00.002-07:00

This is the hard part... working and single motherhood. My daughter is so use to me dropping everything in order to attend to her needs. I can't do that anymore. We have had a few issues in the past couple of weeks where I had to say to her, "I am sorry, I can't just drop work and pick you up." The adjustment period from having my sole attention to having to share it because mom has other responsibilities is a hard one for her to adjust too. On another note, it is nice because she is ASKING for mommy daughter time. And that is precious to me. I only have her 4 more years before she spreads her wings and flies outside of my home. So scary!!!!!

POLE Gems

2012-10-02T12:42:00.000-07:00

For the last year I have kept busy by serving as Vice Chair, with a recent promotion to Chairperson of the Board for the nonprofit POLE Gems. POLE stands for Purposed, Original, Loved, Empowered. This is an organization doing some amazingly awesome things in the city of Salem. Our purpose is to reach sex industry workers -- those that society overlooks and even forgets about -- in order to show these men and women that they are LOVED and VALUED by someone.

This has been an amazing journey of ups and downs this past year as we have started up and worked to stay afloat. I have learned a ton about starting a nonprofit, of running one, and generally how to deal with diverse personalities.

Why post this on this legal blog? Because my legal education has helped me be qualified to fill this position. I think this is an area that we laywers can easily "give" back and it doesn't cost a dime, just a bit of time.

Oh, and because these programs are important. In my state, Portland is the #1 hub of sex trafficking in the United States. It's time to raise awareness.

Weird how God puts things together

2012-09-29T22:37:00.001-07:00

I don't know what I am going to do.... very few job prospects right now as the economy is in the dumps. But I am beginning to wonder what God is up to. After 2 years of struggle and not knowing what was going to happen, constant fighting, life a huge struggle...... all the sudden it feels as if the flood gates are opening. And you know what? I can't believe how. For a few years I have toyed with the idea of opening my own office. I have a GREAT desk/credenza/guest chairs that are the traditional dark wood/glass lawyer desk that I picked up for next to nothing. I have a free office space if I want it. But more things are coming together.

A friend of mine who designs logos, stationary and websites.... she has offered to design everything for me -- as a gift! Can you believe that? A gift.

There are more things coming together, but this is the most obvious, awesome thing. I have to crunch some numbers and take a few look at things, but OMG, this might be a reality.

Elle Woods, I will make you proud.

2012-09-29T18:04:00.001-07:00

Today I went shopping for what I would wear when I am sworn in later this week. In my second year of law school, I told my friend Marty that my dream was to be sworn in wearing a hot pink woman's suit. Well, I was out shopping today for a jewel tone shirt to wear under my gray suit. I wanted something that was not really colored because I did not want to look like a woman trying to look like a man! And as I was walking through the store, I stumbled upon a HOT PINK BLAZER!!!! OMG. I tried it on and fell in love. Absolutely fell in love. As I stared at myself, I thought, why not? I want to be different, so I am purchasing this jacket and I will make Elle Woods proud!!!!! Now to find hot pink shoes............

Swearing In.....

2012-09-28T14:27:00.002-07:00

Look for a future picture of my swearing in ceremony :) October 4th is the date. I am so stoked. The day my goal comes to complete fruitation.

Someday I will fund a scholarship

2012-09-28T11:55:00.003-07:00

I was googling away as I am apt to do, checking out other single mom blog's about law school, when I ran across some interesting scholarships. I was shocked to find that there are several Tier 4 schools that offer scholarships exclusively to custodial single parents. Here is one such college: http://law.scu.edu/alumni/scholarships.cfm.

This is so wonderful to me. I think that I could start something like this with just funding books at first, and then letting the program grow from there..... another dream found.

Retaking the bar: change what you think you know....

2012-09-28T11:39:00.001-07:00

Now that I passed, I started to wonder why. Not that I question passing as much as what was so different about this time. Incredibly this time I felt the least prepared.

I have been reading a ton of different blogs by other students that are retakers. I don't know exactly why I did not do this in the first place, I mean generally, misery loves company. But I started thinking about the difference this time.

So, why now? First, let me say that I let my insomnia roam. Sounds weird, but I began to realize that my sleep aids (particularly prescription meds) were messing with my fight or flight response. The previous times I took it, I never had that adreneline response test takers talk about. I had almost no nerves. A few months prior to taking the July exam, I weaned off the sleep aids completely. When I took the exam this time: I had this nervous energy that ate me alive. I still appeared calm on the outside, but my restless leg syndrome was in full throttle --- I am so sorry to the men on each side of me that had to endure the leg bouncing and shaking I do when like this. Pretty sure they wanted to see me dead by the first 2 hours of the 1st day of the exam.

Those that say you have to change how you studied are right, but they are wrong. I think you have to change your study material. Not all bar study programs are the same. Barbri just did NOT work for me. At all. Instead, I built outlines based on the Board of Bar Examiners subjects, I sat down with my Black's Dictionary, my Strategies and Tactics book, and some hornbooks, as well as some online outlines and went to work. And what I found is that this time, in researching, I learned not only the subject matter --- but how to take the MBE exam. Until you learn how to take the test, the test will defeat you.

I did not overstudy. I was known before for studying at a steady pace, then kicking it into gear in July with 12-16 hour days. This time, I did not do that. I took an occasional day off even. (though to be fair, I at least read through 2 outlines on those days). I did not make flash cards for EVERY single item, but rather targeted them towards the exceptions -- hey, I already knew the blackline rules. Studying that many times has drilled some things in my head that I will never forget.

I made charts.... yes, visual charts. This organized simply subject matters that had a ton of tests (worked really, really well for all the tests contained in Con Law).

Real life examples and analogies were attached to difficult subjects. I found real facts and case law that painted a picture in my head of the legal principle. And so when I took the exam, if I remember the facts and ruling of the case, I could come up with the answer I needed.

This was a drastic departure from what I always did before, which was work the traditional program. That did not work for me. At all. Period. The lesson is that people learn so differently. And these prep programs are made for the 80% who learn a certain way... I am not the 80%. I am me, unique.

Now What?

2012-09-27T14:32:00.001-07:00

So I passed the bar and I am faced with a "Now What" moment. I was so focused on passage, that I forgot, or I didn't have time, to think in terms of what now. There are literally no jobs on the market. And I have no money for a start up practice. No do I want a loan for a start up practice. I have my temp job until mid-December so I have a bit of a buffer. But now what? Wow, this is scary.

No, I won't represent you.

2012-09-27T11:37:00.003-07:00

No sooner than my news hit facebook that I had passed the bar, then people started crawling out of the woodwork wanting "free" or nearly free legal advice.

There is a common misconception that since I trained in the law, I must know all things of course. Doesn't matter if I don't have any experience in that area or a desire to practice in that area, it is as if I am offending someone for not helping out.

What these "friends" do not realize is just because I passed the bar does not mean I am admitted. And just because I am admitted, does not mean that I am set up to practice. There are bar dues and malpractice insurance to take care of first!!!! Just to name a few.

Here was my favorite one from last week: Hey, I know we have not talked in awhile, but will you still help me on that small legal matter I have been struggling with? When I saw who it was from, I about fell out of my chair --- this was from a guy that I "dated" but whom dumped me when I did not pass the second time. REALLY? I am going to fall all over myself to risk my license to represent you. Don't think so jerk!

Then there was a dear friend of mine. Wants help in an area that I would have to take a SECOND bar to be admitted to, nevermind an area that is highly specialized and technical and an area that I would never practice. I'd rather have a root canal. And you know how this friend was going to pay me? Royalties..... Um, that's unethical. Not allowed. Finito. I know this friend did not know this, and really needs help, but I would be more of a hindrance than a help.

The thing is I have a kind heart. And there are two women that I will figure out a way to work pro bono for them. They need it. One I would do for her child. The other woman, I would do for the pure pleasure of cross examining, intimidating and otherwise putting the screws to the opponent who is someone that I cannot stand. That one I would think about paying to do :) Not really, that would be questionable in the ethics areana as well.

I need some trial experience....

2012-09-26T13:58:00.002-07:00

I have co-chaired two bench tried cases and have appeared before the juvenile court countless times. And that experience was fantastic. But if I want to do criminal law, I really need to do some job shadowing. I need to co-chair a trial or two and walk through the steps that are needed to get the experience so that I can line myself up to be court appointed. Now to just find an attorney who is willing to take this task on. I mean, the truth is, I would work for free for this "training." I want to be able to pitch myself and say that I have co-chaired criminal and family disputes as a LICENSED attorney. Step one of this process is to find that person who can do this with me.

Charactor and Fitness Review

2012-09-26T11:19:00.001-07:00

This is honestly something you need to think about before entering law school. I have copied this from another fabulous blog at www.thelawinsder.com, in it's entirety. Shout out to this author. I was going to write something similar myself, but the author did a complete and accurate job.

FROM: Law Student 101: Understanding the Moral Character and Fitness Application

For July bar examinees, application deadlines are fast approaching. Those deadlines include the application for a determination of the examinees’ moral and character fitness to practice law. Some states require that it be submitted simultaneously with the exam application, while others, such as California, allow submission at any time. Though it can be a daunting form, it is extremely important that applicants take it seriously and answer every question with complete honesty.

Gather Information

First time bar applicants are usually surprised that the moral character and fitness process is such an extensive background screening. Considering that questions, such as employment history, may require responses going back to the applicant’s 18^th birthday, some of the information may be distant memory. How many of us remember our supervisor’s name from a part-time job at the GAP freshman year of college? It is important that applicants read the entire application before answering any of the questions. The applicant should gather all of the requested information so that everything is available for references as the application is completed. Some of the same information may be called for in different questions.

Complete and Honest Disclosure

You cannot get away with dishonesty on bar applications. Failure to answer truthfully and fully is a sure way to be denied admission. The examiners really do check all of the information you provide. This is why in some states a moral character determination can take up to six months (a reason you should not delay in submitting the application). Telling half-truths and omitting information will only raise flags for investigators and could result in a formal inquiry, during which you will have to appear before the moral character committee and explain problems or discrepencies they uncovered. The applications allow for attachments or addendums, and if there is an issue the applicant feels will draw concerns, such as delinquent debt or past crimes, he/she should attach an explanation.

History That May Cause Problems

The author of this blog post is admitted to practice in two states, both of which have notoriously rigorous moral character standards and investigations. From colleagues, I have heard a variety of horror stories, and it seems there is no consistency as to what will invoke a formal inquiry or rejection. For example, colleagues who left school with massive credit card debt, sometimes delinquent, had no problem getting through the process (because they were completely honest and had an explanation), while another colleague, already admitted in one state, had to submit to a hearing because of a Chapter 13 bankruptcy, which was entirely related to medical bills—the debts had even been paid in full by the time he applied for Florida admission; though he passed the Florida bar exam on his first attempt, it was almost a year after before he was granted admission. Nevertheless, there are a few issues that will definitely cause problems, such as crimes of moral turpitude, like theft or embezzlement, violent crimes, and academic dishonesty. There is not a solid definition for “crimes of moral turpitude,” but rest assured that if the crime involved dishonesty or harm to another person, it certainly would be included.

Applicants always worry about DUI’s and possession of marijuana, two of the most commonly committed crimes in the United States. These are probably not crimes of moral turpitude. They are crimes of poor decision making. Check with your state bar examiners. Depending on how recent the crime was committed, it may not be a concern. However, if the applicant failed to complete the sentence, he/she will have a difficult time being approved. Again, complete disclosure is necessary– failture to disclose a DUI for example, is a sure way to delay the approval process. As for crimes committed during adolescence for which adjudication was withheld or a plea of nolo contendere was entered, read the question carefully. The question “have you been convicted of a crime” is very different from “have you ever been charged with a crime.”

Debt is another area that bar applicants worry about. Again, there is not a consistent approach among the states, or even within a state. Bar examiners know that every law student in America leaves school with substantial student loan debt and, often, significant credit card debt. The bar committees want to make sure that you are responsible with debt. Thus, delinquent or “charged off” credit accounts may draw further questions, but even those can be overcome with an adequate explanation and a plan to solve the debts. However, take as caution the case of an Ohio bar applicant. Recently, the Ohio bar denied admission to a man who had defaulted on student loans and had $16,000 in delinquent credit cards. The irony, of course, is that without bar admission, he can’t work as a lawyer, and without work, he will never be able to clear the debts.

Follow Up

Most states require that applicants continue to supplement applications for a period of time, usually six months. Don’t neglect this duty. If you are requested for an inquiry, consider hiring an attorney with experience in bar disciplinary matters.

Finally, be aware that the cost of the application is far from the only cost you will incur when completing the application. It may be necessary to gather official transcripts from colleges, copies of court records, credit reports, driving license abstracts, MPRE score reports, etc. These all cost money to obtain. You should also submit the application via FedEx, UPS, or certified mail so that you will have delivery confirmation.

Good luck!