As a law student, the most fundamental right of passage into your legal career is preparing for and passing the bar. However, passing the bar doesn't just come down to doing well on the admissions exam. You also must establish your character and fitness to practice law to your state bar examiners' satisfaction. To prove your fitness, bar examiners require that applicants provide relevant and detailed background information from their personal, professional, and academic lives.
Admission to the bar is the gateway to your future career. Any threat to that career feels like a threat to your future livelihood. So the character and fitness portion of the bar admissions process can feel quite daunting if you have any irregularities on your record or have been accused of misconduct in the past.
But take heart. Prior misconduct does not have to be fatal to your admissions or legal career if you handle it appropriately. The best way to do that is to hire experienced legal representation to help you address any record of misconduct during the admission process. And even more importantly, to help you defend yourself against allegations of misconduct when they come up. Your future is too important, and fighting misconduct allegations is not something you want to tackle alone.
The Lento Law Firm has unparalleled experience helping professionals and students at all academic levels fight claims of academic misconduct, sexual misconduct, and other irregularities that might stop them from moving forward in their legal careers. When working with students, attorney Joseph D. Lento's main priority is ensuring that his clients' pasts don't get in the way of the future careers they deserve. If you have concerns about the impact of past misconduct on your bar admission or legal career, attorney Joseph Lento can help - so don't hesitate to contact the Lento Law Firm today.
Answers to Your Questions About Bar Admissions and Misconduct
What happens in the character and fitness process for admission to the bar?
When an applicant applies to sit for the bar examiners, the applicant also bears the burden of proving that they possess the requisite character and fitness to practice law. To do this, applicants must complete a signed and notarized comprehensive personal history questionnaire and may have to appear for an interview depending on the state.
The committees on character and fitness in every state have an obligation to investigate the character and fitness of every applicant seeking admission. These committees will carefully review and verify the applicant's submissions by contacting references, schools, employers, and other institutions to verify the information submitted.
If the applicant's submission meets character and fitness standards, the committee will recommend that applicant for admission. If the committee has an issue with a submission, they will either address them at the applicant's interview or deny the application.
In most states, applicants are entitled to a hearing if they are denied admission. Obtaining seasoned counsel to represent your interests is critical to overturning an admissions denial at this stage. An experienced attorney can provide context to allegations of past misconduct and craft a hearing strategy that highlights factors such as the:
- Applicant's age at the time of the misconduct allegations,
- The recency of the conduct,
- Reliability of the information received concerning the conduct,
- The seriousness of the behavior,
- Any evidence of rehabilitation,
- Positive social contributions since the conduct,
- Applicant's candor in the admissions process, and
- The materiality of omissions or misrepresentations.
What are some common issues that may delay or prevent a candidate's admission to the bar?
Some common issues that may delay or prevent an applicant's admission to the bar area:
- Title IX allegations, investigations, or sanctions;
- Unlawful activities;
- Omissions or false statements on the applicant's bar application;
- Employment misconduct;
- Academic misconduct;
- Acts involving dishonesty, fraud, deceit, or misrepresentation;
- Neglect of financial responsibilities or professional obligations;
- Violations of a court order;
- Evidence of substance abuse;
- Evidence of mental or emotional instability; and
- Disciplinary actions or denial of admission by other state bars.
Do I have to disclose every irregularity or allegation of misconduct from my past on my admissions application?
Your candor throughout the character and fitness process is one of the most significant indicators of your fitness for admission. Moreover, the bar examiners aren't just gathering information from you. They also collect data from your law schools, universities, past employers, and other institutions to verify your sworn application. Therefore omitting any irregularities or past misconduct from your bar application is not in your best interest.
However, being candid throughout the process doesn't mean you have to fall on the sword and sacrifice your future because of past allegations. You have a right to fight for your career and present your past in a light most favorable to you.
Answers to Your Questions About Academic Misconduct and Bar Admissions
Though the form of the questions may vary, there are common character and fitness questions that trip up applicants for admission if they have faced allegations of academic misconduct in the past. For example, on the NY Bar admissions application, one of those questions looks like this: Have you ever been placed on probation, dropped, suspended, expelled, or otherwise been subjected to discipline by any institution of learning above elementary school level for conduct which might reflect upon your character?
When faced with this question on an admissions application, it essential to understand what academic misconduct is to determine whether you must report it to the bar. Generally speaking, academic misconduct refers to behaviors that result in an unfair academic advantage for the student or any other academic community members. These behaviors can take several forms, including plagiarism, bribery, cheating, falsifying records, and violation of student codes of conduct.
The process for addressing academic misconduct allegations varies by school and the seriousness of the accusation. Similarly, the range of sanctions for being held responsible for some form of academic misconduct can also vary greatly. These sanctions can include academic probation, a reduced grade, loss of course credit, loss of scholarships or financial aid, loss of student housing, and suspension or expulsion.
Even if someone told you that the matter would be removed from your academic record or that the incident would be sealed, you still want to report any alleged incidents of academic misconduct on your bar application. The commission on bar admission will ask all of your former educational institutions to submit records to verify your application, and you don't want them reporting something that you haven't included.
You also don't want to rely on the word of a school administrator when it comes to the disposition of an allegation of academic misconduct against you. The best defense always is a strategic offense from the very beginning. Take disciplinary matters seriously and get an attorney to help you defend your rights as possible.
Answers to Your Questions About Sexual Misconduct and Bar Admissions
Now more than ever, colleges and universities across the country face intense pressure to investigate claims of sexual misconduct and administer swift justice. Students facing these allegations often want to move on from them as soon as possible to avoid attention or damage their reputation. Unfortunately, the pressures to administer justice swiftly and the desire to resolve the matter quickly creates a powder keg for the accused. The resulting explosion can leave the accused student penalized, suspended, or expelled without having a reasonable opportunity to defend themselves or obtain adequate counsel to explain just how consequential the outcome of these allegations can be on their futures.
The questions on the bar admissions application that directly speak to prior sexual misconduct are usually some version of the following questions:
- Have you ever been denied admission to any school, college, law school, or other similar institution for stated cause which might reflect upon your character?
- Have you ever been requested or advised by any college, law school, or other professional or graduate school for any reason to discontinue your studies therein?
A Title IX investigation for sexual misconduct can impact your answers to both of these questions. Law schools strive to only admit students that will pass the bar exam after graduation. They require applicants to be completely forthcoming about their backgrounds and disclose any behaviors that may have a bearing on their fitness to become members of the legal profession. Law schools also require ongoing updating of the information provided on applications even after candidates have been accepted. Misrepresentations can be grounds for denial of admission, expulsion from law school, or denial of admission to the bar.
Similarly, the outcomes of a Title IX sexual misconduct investigation can result in an expulsion or suspension from law school. So failing to defend yourself against these allegations vigorously can have repercussions that affect the rest of your life. Not only does it threaten your admission to the bar, but you also risk losing your investment of tuition dollars, access to employment and internship opportunities, termination from on-campus employment, and other tuition off-setting activities.
Answers To Your Questions on Criminal Charges and Bar Admissions
Though the Department of Justice reports that 80 percent of students accused in college sexual misconduct cases will likely not be charged with crimes outside of school, there is no guarantee that it won't happen in your misconduct case. Unlike school misconduct charges, criminal charges can result in additional penalties like imprisonment, court-mandated probationary programs, loss of license, restitution, and other fines and penalties. You may also be required to register with the National Sex Offender Registry and have a conviction for a sex-related crime on your record. In many states, the law does not allow for the expungement of sex-related crimes from your record - so that conviction stays with you for the rest of your life.
If you are facing criminal charges stemming from school-related claims of misconduct, it is essential to hire a seasoned attorney to help you navigate the in and out of your case in the courtroom and on campus. It will be almost impossible to withstand the scrutiny of the character and fitness process with a sex-related criminal conviction on your record, and an experienced attorney can create a strategy that leads to the best outcome in your case. That result can mean the difference between a career in the law or profession doing something else entirely.
Why You Need An Attorney-Advisor To Fight Against Misconduct Claims and Protect Your Admission to the Bar
Given all of the potential consequences of failing to fight back against misconduct claims at the undergraduate, graduate, and law school levels, students must have experienced attorney-advisors to help them at every stage. An attorney-advisor can help craft a thorough defense and keep schools accountable to their rules for investigating misconduct matters, whatever those rules might be.
Attorney Joseph D. Lento is one of the most experienced student defense attorneys in the nation. He has successfully helped countless students at more than a thousand colleges and universities across the United States. He has even helped students who are studying or teaching abroad.
Joseph Lento understands what is at stake for his clients. He treats each case as a personal endeavor, fighting until the very end to ensure a fair process and a favorable outcome. You don't have to face school misconduct accusations alone and risk your future as a legal professional and beyond. Contact Joseph D. Lento and the Lento Law Firm today for help at 888-535-3686.