Monday, August 16, 2010

Character and Fitness Hearings

It is amazing to me to learn that one obstacle I must overcome to even attempt to pass my State's bar exam is the Character & Fitness committee.  I have no criminal history of any type.  But I have lived life, experienced more than one divorce, been through bankruptcy and experienced owing back taxes.  Loss of employment in the past resulted my owing past due child support.  So now that I am employed and current with all agreed upon payment plans, the Character & Fitness committee has determined that I do not have the character to qualify to sit for their exam.  I have appealed their decision to the State Supreme Court and await their decision.  If I had known that my age and life experiences would create this obstacle, I am not so sure I would have attempted law school at an age beyond 40.

The student loans I accumulated to attend law school must still be paid.   I do have a Juris Doctorate degree but my current employment is due to the degrees I earned before earning my Juris Doctorate degree.  I earn substantially more money per year than many Associate Attorneys and I work far fewer hours per week than most Associate Attorneys.  So I wonder what happens now if the State Supreme Court agrees with the State Bar Character & Fitness committee's recommendation and tells me I cannot sit for their exam?  Do I give up? Do I seek another more understanding jurisdiction and apply to take their exam?  I don't know yet but I have learned that law school is the easy part of the path to become a licensed Attorney.

My experience has taught me that there are many good people who should be practicing law and they are not and there are many who are practicing law who should not be practicing law.  In my opinion there is a significant flaw in the right of passage.  It would be nice to witness the archaic methodologies of the past replaced with a more reasonable and modern approach such as a National Bar Exam but then what would all the State Bar offices have to do?

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