Sunday, March 15, 2009

Case of the Week 3/9/09

Perhaps the most important rule to remember when it comes to character and fitness exams? Be honest! Full disclosure is of utmost importance to the bar examiners.

For example, a 2009 Ohio applicant who had been convicted of speeding eight times, in addition to convictions for disorderly conduct and assault, was denied the chance to take the exam. In re Acton, 2009 WL 349793 The court learned that the applicant was cited for speeding four more times after he applied to take the exam, which he failed to disclose to the examiners—the Court did not buy the applicant’s explanation that he was “just forgetful” and had attention-deficit disorder. The court also noted that the applicant failed to disclose a default judgment for unpaid credit card debt in 2001.

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