When the Character & Fitness Committee says NO!

I have experienced learning from the Character & Fitness committee that I will not be allowed to sit for the Bar Exam. Not because I had any criminal history or did anything morally repulsive but because I had financial issues related to a divorce and a period of unemployment.  I appealed the recommendation to the State Supreme Court and the recommendation was upheld.  The Order I received from the State Supreme Court was short and to the point, I was denied the opportunity to sit for the Bar Exam.  Unlike someone with a drug or alcohol problem who could go through rehab or a disbarred attorney who could petition to be readmitted at some point in the future, my Order offered no hope of ever being allowed to sit for the exam in my State.

My personal circumstances are a bit more challenging because I am older than the typical law school graduate.  I know that many recent graduates will experience divorce, maybe bankruptcy and other similar financial hardships, but because they will earn a license before life happens, they will be practicing attorneys with the same set of financial experiences I have now.

So knowing what I know now, I wonder if I would have attended law school and incurred the student loan debt I have now.  The answer is NO!  If only I could have had a Character & Fitness committee look at my divorce and bankruptcy before I started law school, I would have known not to get further in debt only to be told I can't get licensed as an attorney.  Others may have continued but at least their decision would have been made knowing the risk that they may not be allowed to sit for the Bar Exam before they fully committed to law school.

Now, if I want to practice law, I have to shop around for a jurisdiction that may view my circumstances differently and allow me to obtain a license assuming I pass their Bar Exam.  My family is supportive but it would not be fair to ask them to leave friends and surroundings just because I want to pursue my dream.  I still have the desire to obtain a license to practice law and I know I would provide a good service to my community but I am not going to move my family.

What did I learn and what can I share with others who may be ordered to a Character and Fitness hearing?  Retain council to assist you in the hearing if you can.  I could not afford council so I represented myself and after it was all over, I knew there was information I should have submitted in evidence that I omitted because I was too emotionally involved in the process.  Be completely candid about any and all issues under investigation.  It is far better for you to disclose information than for the committee's investigators to learn of something before you have a chance to inform the committee.  If your jurisdiction allows for you to submit to Character & Fitness before you commit to the Bar Exam, take advantage of the opportunity and do so.  California is one jurisdiction that separates the Character & Fitness application from the Bar Exam application.  Finally, be prepared for the possibility that you may not be allowed to sit for the exam or be admitted to practice even if you pass the exam.  Have a contingency plan.  For me, I returned to the profession I had before I went to law school.  If you don't have something to fall back on, then begin thinking about your next career move if you are not allowed to obtain your license to practice law.

Good luck to all of you who have not yet gone through the Character & Fitness process!