Legal Corner

Re:Question about the BAR/ law school
howandwhy 11909 reads
posted

Don't sweat it.  I've seen folks worrying about unpaid parking tickets, even too many overdue library books. Nothing like having a pending admission to the bar to get that long overdue  conscience (sp) working.


A single prostitution conviction should not be a problem. A rap sheet full of such convictions might be one.  Inb general, though, even crimes of dishonesty-larceny, fraud, perjury-- the most likely crimes to thwart your  lawyerly ambitions (no sniggers here,  please)--  usually won't  prevent you from bar  if you are up front about your convictions when asked.  ( Anyway, They're likely to know about your convictions even if you don't tell them.)

So don't worry about it. Apply to law school. If your application asks if you've  been convicted of a crime, admit it; morere folks have been denied amdmission for lying about their past than by anything that they actually did.

Likewise, fess up to your conviction when applying for the bar exam, or for admission to the bar. The offense may be a pecadillo, but lying about it is not, at least to your bar ethics committee.

BTW, you need never  acknowldege a mere arrest if you've not been convicted, or if you've been treated as a YO (Youthful Offender) after a conviction.

MichelleinSC15097 reads

I am planning on going to law school in a year or so. If I was to get busted by LE (worst case scenario, and I do take preventive measures), how would that affect the bar exam? With that kind of arrest on my record, would I still be able to pass? Thanks for your help,
~Michelle

You'll need to check with the laws of your state.  Many states have laws in place which prohibit attorneys from being able to practice if they've been convicted of various laws.  I know that in some states these convictions include "morality crimes".

sidone11753 reads

It won't affect your ability to take the exam, but it may very well affect your ability to become a lawyer.  This is because passing the bar exam is only one of several requirements new lawyers must meet.

Part of the process of being admitted to the bar in California (and probably in most other states) is a background check to certify your moral fitness.  Part of what the bar looks for is evidence of convictions of violent felonies, felonies involving moral turpitude or crimes involving breaches of fiduciary duty.  Prostitution is considered a crime of moral turpitude but it is a misdemeanor and not a felony, so it may not be part of what the background check searches for.  Then again, if the information comes to the attention of the bar they are not likely to overlook it.

Merely being arrested is not the same thing as a conviction and, as I said, a misdemeanor is not the same thing as a felony.  I honestly don't know whether a mere arrest is likely to get the bar's attention, but a mere arrest is likely to generate a paper trail whether there is a conviction or not and a paper trail can be found.  There is a real risk here.

The bar can -- and often does -- find that an applicant with a criminal record has been rehabilitated, and these people are approved.  Rehabilitation takes time, though, and it requires exemplary conduct rather than a mere showing that there have been no further blemishes on the applicant's record.

The moral character evaluation usually is done while the would-be lawyer is in law school.  It normally takes several months and is completed well before the bar exam.

I have attached a link to the bar's web page describing this process.

As do most new lawyers and aspirants thereto, you are asking the wrong question.  Taking the Bar exam is not conditioned upon your police record; being accepted by the Bar as a person of fit character is dependent on  your record.  Are you familiar with the character check?  If not, go to the State Bar site and check the requirements for admittance.

I believe, without absolute certainty, that a single misdemeanor is not sufficiently grave to preclude your acceptance.  Do not commit any felonies however.  That, I believe crosses the bar - pun intended.

Why would the Calif. Bar discriminate against an attorney who has fucked her client?  It happens every day ;).  Seriously, since if you were caught (the 1st time), it would end up with a "disturbing the peace" arrest/plea/conviction, and  you would explain that you needed money to do XXXX, or it was just a immature act which would never happen again, and you could probably obtain character references from about a dozen former clients who are attorneys, judges, clergy, etc. who will attest to your good oral, I mean moral skills, strike that, good morals, you have nothing to worry about!

Good luck
PS  Just make sure you study for your LSAT and go to a top 20 law school, the Bar looks the other way to grads from the better law schools.

ChrissyStone12366 reads

Can you or someone else provide a link to the top 20 schools? Thanks! :)

Here is a link to a list of topo 20 schools.  Though, there may be some dissagreement here.

MichelleinSC12148 reads

Thank you everyone for your insight. I knew there was a "moral part" to the Bar, which is what I was asking about. My LSat score is good, and I have enough connections, so that part is taken care of. I just wanted to confirm that one arrest wouldn't jeopardize my future career. Thanks again for all of your insight.

Being a whore is not any disqualifier to be a lawyer, in fact it is a job requirement.  However, getting convicted of it demonstrates a lack of compentence.  You will also need to switch from being the fuckee to the fucker.

You should really become a comedy writer, your stuff is that good.

BTW, when you're in trouble, whom do you call first?

My mommie, GhostBusters and my shyster depending on the problem.  BTW there is a vast difference between MY lawyer and all other lawyers.  My guy is a genius at least until he loses my case.  All the other lawyers are parasites at best.  However, the lowest of the low is the politician/lawyer.

howandwhy11910 reads

Don't sweat it.  I've seen folks worrying about unpaid parking tickets, even too many overdue library books. Nothing like having a pending admission to the bar to get that long overdue  conscience (sp) working.


A single prostitution conviction should not be a problem. A rap sheet full of such convictions might be one.  Inb general, though, even crimes of dishonesty-larceny, fraud, perjury-- the most likely crimes to thwart your  lawyerly ambitions (no sniggers here,  please)--  usually won't  prevent you from bar  if you are up front about your convictions when asked.  ( Anyway, They're likely to know about your convictions even if you don't tell them.)

So don't worry about it. Apply to law school. If your application asks if you've  been convicted of a crime, admit it; morere folks have been denied amdmission for lying about their past than by anything that they actually did.

Likewise, fess up to your conviction when applying for the bar exam, or for admission to the bar. The offense may be a pecadillo, but lying about it is not, at least to your bar ethics committee.

BTW, you need never  acknowldege a mere arrest if you've not been convicted, or if you've been treated as a YO (Youthful Offender) after a conviction.

mbd14870 reads

Don't sweat it, you're welcome in my Bar anytime!

mister_me13255 reads

Before spending tens of thousands of dollars on law school, call the state bar and discuss your situation.  In my early 20's I was convicted of a DUI within a few months of a "noise violation" conviction.  I had also been involved in a narcotics bust, but I was released a day later when the real targets verified that I was in custody for basically being in the wrong place at the wrong time. When I hit 30, I decided I wanted to pursue a law degree, but I didn't want to incur the expense if it was unlikely I would be cleared to practice.  In CA you can ask the bar to "pre-screen" your moral character if you have concerns, or at least you could 10 years ago (the bar went through a major overhaul due to financial problems during Pete Wilson's administration, so it is possible this service is no longer offered.)  The pre-screening is not the same as the full moarl character assessment, but you disclose your potential trouble spots and are told whether there are likely problems when it comes to being admitted.

Idolaw211554 reads

I also had a DUI & the Bar asked every detail: why, when, where, how come this, how come that, etc, It was like having your mother or wife nag the hell out of you; except this time your money, time spent in law school, etc is at stake. I personally thought the moral character assessment was worse than the Bar itself. Mine took over 10 months to complete & my file is 8 inches thick.

May I ask you a question? Do you think that you are ready to be an attorney if you knowingly break the law?

Beofre you answer that why don't you give it some thought. Don't try and look for moral reasons why prostitution should not be against the law. I believe that it shouldn't be but it is and as an attorney you will be an officer of the court and the law will be your bible, so to speak.

biggerstick10288 reads

So, if someone has a habit of driving faster than the speed limit, you'd say he's not qualified to be an attorney because he knowingly breaks the law?

Traffic violations are infractions. They are part of the State vehicle code - not the criminal code. Prostitution/Solicitation is a criminal act.

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