The bar exam
By: Joy Leff - posted Oct 29th 2009 at 1:46 PMOnce you enter law school, most likely during your first year, you will start to fill out the application for the bar exam. Why do I bring this up now when you’re working on getting into law school, let alone thinking about graduating? Because there are similar questions on both the bar and law school application, the bar examiners will compare your bar exam application to your law school application. If there is any, and I mean any, discrepancy between the two applications, it can be cause to expel you from law school or prohibit you from taking the bar exam.
The bar exam application asks you about every aspect of your life, from marital status to filing tax returns to outstanding parking violations. I strongly encourage you to check out the bar exam application for the state in which you plan to take the bar. It’s easy. Just do a search, for example, on the words "Illinois bar exam."
Today I want to focus on two questions in the bar application called Character & Fitness. To paraphrase:
- Has any academic institution you attended ever placed you on suspension or probation?
- Have you ever been convicted of a crime, including/excluding traffic violations, including/excluding speeding tickets?
Maybe your undergraduate school placed you on suspension and later expunged the suspension from your records. Do not assume that because the occurrence was expunged that it no longer matters. It most certainly does. You will need to explain –- in detail — what happened.
Regarding question #2 above, read the correlating question on each law school application very carefully. I randomly selected schools from around the country to see how they phrased the question on their applications. Some exclude traffic violations, and others include minor traffic violations such as speeding tickets. I understand that it may have been ten years since you received that speeding ticket. You still need to disclose it and do your utmost to find out the exact details. Either way, call your state’s Department of Motor Vehicles. It is possible that by doing so, you will be reminded of a violation that you had forgotten. Once again, you will need to provide a detailed explanation.
- If you know the exact details, then include them. Be very succinct and straight forward. Provide the date, where the violation occurred, the exact violation and the fine.
- If you remember receiving a speeding ticket, contacted the DMV and learned that it has since been expunged, then you should write exactly that. Here’s an example of how such a concern might be explained: I remember receiving a speeding ticket approximately 7-10 years ago and called the Department of Motor Vehicles to find out the details. The DMV notified me that my record has been expunged. To the best of my recollection, I was driving down Highway 294 and pulled over by the Sheriff’s Department and cited for speeding. I do not recall the amount of the fine, but I paid it. (Or, I remember attending traffic school in lieu of paying the fine).
If you are unsure whether your circumstances require you to answer "yes," it is always much more beneficial to disclose too much rather than not enough. In this particular situation, the giving "TMI" (too much information) is a good thing.