1BEHAVIOR AND CANDOR: PITFALLS TO AVOID IN APPLYING FOR ADMISSION TO THE FLORIDA BAR by Professor Randolph Braccialarghe (954)

262-6169 1. A. B. CANDOR - Law School Application - errors Reread your law school application. Look for errors (and lies). [To get a job as a stockbroker, Joseph C. said of his previous burglary arrest that he was trying to take back from anothers car some CDs that had been stolen from him.1 This was not true, but having said it to the New York Stock Exchange, he felt that he had to stick with that explanation on his law school application. Then, he felt trapped and repeated it to the Florida Board of Bar Examiners. Even though he graduated from law school and passed the bar exam, he was not admitted.] Correct those errors/letter to the Dean. Prepare letter carefully. [N.B. Be completely truthful] [Jeremy C.s amendment described a police stop and said that no one had stolen anything. That was based on his memory, and he told the same thing to the Board. Police reports showed this was not correct. One of his friends had stolen a car radio. Jeremy was not admitted at his hearing, but had to wait out a year.] Try to be consistent with your other explanations. Try to be consistent with "real life" explanations ("Maltese Falcon). [R.R was arrested for soliciting an undercover policewoman in two different cities; the second arrest occurred 8 years after the first. R.R. said he did not solicit the cops, they solicited him! Other than those two arrests, he claimed never to have patronized prostitutes -- he said he didnt need to pay for it. The Board found his explanation to not be worthy of belief, and R.R. reluctantly admitted that he had solicited an undercover cop.] Did you fail (forget or choose not) to disclose previous arrests? Was the failure to list arrests due to fear you would not be admitted? [T.J. said it was because he didnt understand the question.] [After first giving another reason, E.G. then admitted he was afraid he would not have been admitted to law school if he had listed his arrests. He was kept out for two years.] Admit errors now to show rehabilitation. Review applications to other law schools. 1

C. D.

E. F.

G. H.

I. J.
1

The initials are references to Florida Bar applicants, most of whom I represented; some, such as RR, I declined to represent because I did not believe him and I told him the Board wouldnt believe him, which proved prophetic.

K. 2.

Get/keep copies of your applications to all law schools.

LATE BAR APPLICATIONS A. B. C. D. Apply early. The background check used to take at least 6 to 8 months, but now it is often running longer almost a year. Applying in your 3d year may delay your admission for 1 or 2 years from graduation. Be careful and thorough when you fill out your application. Write exact dates and obtain supporting documentation (e.g., social security report, credit check, driver's license record, undergraduate transcripts). [Maria C. relied on County Court Clerk records instead of DMV BIG mistake ! ] Keep a copy of everything you send the Board of Bar Examiners. MISLEADING BAR APPLICATIONS A. Do not mislead. [T.K. wrote that he had used a stolen credit card to buy things, but he neglected to mention that he had acted as a look-out while it and other credit cards were stolen from mailboxes.] [see R.R. above at 1.F.] Misleading will be viewed as lying. If you lie to the Board, it will be difficult, if not impossible, for us to help you. [Next week I will send you the cases of J. H. K. and B. H. A.; also see Joseph C. above at 1.B., and Jeremy C. at 1.D., above] If you have lied and admit it, you could still, one day, become a lawyer. Job applications --- Tell EVERYTHING, including the embarrassing stuff that will keep you from getting the job. [T.K. left arrests off of his X-mas job application because he didnt want his friend to know about the arrests.] Resumes Check your resume to make sure that it is accurate and remove any puffing. [E.G.s resume said he had been a corporal in the military and a commercial loan officer at a bank. In reality, he had been a private in the military and a residential loan officer at a bank.]

E. 3.

B. C.

D. E.

F.

4.

COMPLETENESS 2

A.

Tell the Board everything. (see James Michener's Hawaii and Steve Martins character in the movie "Leap of Faith") [The Applicant who answered psychological counseling question by disclosing that he had been counseled by a professor who taught psychology of religion was not asked to come to a hearing.] List arrests, suspensions, discipline actions. [Drew M. failed to disclose a 15 year old Open Container Municipal Ordinance Violation because he thought it was an administrative infraction.] vs. [A.D. disclosed an arrest and conviction for Public Urination that was not hers.] Write a little story for each & get copies of all reports. Your story should put each in context (your age, what you were doing, why you did it, and what you have learned see my 9 Rules at the end of this outline). Do not minimize your role or your actions; be your own worst accuser; do not lie. Freely accept responsibility and document/demonstrate remorse (must be sincere). [Andrew R. admitted to the Board that he had intended to plagiarize, but he told those who wrote character reference letters for him that his law school suspension for plagiarism was an inadvertent copying, a misunderstanding. This resulted in Andrew being kept out of the Florida Bar.] When in doubt, reveal. [J.J. failed to reveal a lawsuit because the settlement had a confidentiality provision.] DEBTS

B.

C. D. E.

F.

5. A. B. C. D. E. F.
G. H.

Communicate frequently with your creditors. Stay current with your debts. Do so without working more than 20 hrs. a week. If you work more than 20 hrs. a week, the Board will look at this. Keep your expenses modest, including vacations. [S.M.D. put down a deposit on a cruise and rented a house instead of an apartment because of her dogs.]
Age of car and reasonableness of other expenses. Live frugally. Make and keep copies of credit applications. [Mortgage lenders changed the signed copies filled out by M.D. and T.L.] [Ford Finance and GMAC Credit changed J.D.G.s salary and work history on her applications.]

6.

BANKRUPTCY

A. B.

If you declare bankruptcy while in law school, the Florida Board of Bar Examiners will invite you to an Investigative Hearing. [T.K. as a 3L] Before declaring bankruptcy, discuss with your attorney alternatives to bankruptcy, including: - writing to creditors and attempting to scale back payments; or - permitting your creditors to get judgments against you, which you will satisfy when you are able. [C.J. was a mine owner who owed over $1 million but he never declared bankruptcy.]

C.

If you declare bankruptcy, be prepared at your Investigative Hearing for a Board member to inquire whether, notwithstanding your bankruptcy, you feel morally obligated to repay and whether you intend to repay those debts which you discharged in bankruptcy.

7.

CANNABIS A. B. C. D. E. Illegal in Florida to smoke, sell or possess. Lawyers have been disciplined for smoking marijuana (The Florida Bar v. Corrales and Holtsinger) even when they were not arrested. They've had to write clients explaining their suspensions and close their offices. An arrest is not needed, a simple allegation made to the Bar can spark an investigation. Here's what you risk if you continue to use drugs: i. ii. iii. iv. v. vi. vii. viii. A 1 or 2 year delay in being admitted. Decreased earning capacity. $5000 or more in doctors bills. In-patient clinic examinations. Possible requirement of in-patient treatment program. Attorneys fees. Possible conditional admission. Periodic drug screening. 4

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Payment for the drug screening by another agency. Attendance at up to 5 meetings a week of narcotics anonymous. Embarrassment of having to tell the world that Bar is conducting a character investigation regarding the question of whether youre a drug addict.

F.

If you quit now, today, youll be able to show 2 or 3 years of being drug-free, if you are questioned.

8.

ALCOHOL A. B. C. D. Other than being legal, the problems of smoking marijuana can apply to alcohol. All it may take is one incident for the Board to think youre an alcoholic. DUI arrest. If you decline Breathalyzer, be prepared to explain to the Board that the reason you declined is that you knew you would fail it; i.e., even though you knew you were drunk, you chose to drive any way. If you are not drunk, submit to the Breathalyzer and offer to have your blood and urine tested as well. [Anthony H. declined on advice of counsel to take a Breathalyzer, even though 4 hours since last drink. At his Investigative Hearing, I was able to prove that he was not drunk only because everyone at his bar knew him (like Norm at CHEERS) and remembered that evening, and because Anthony had kept the receipts.] [Drew M. declined out of spite because the officer had arrested his wife, which made it harder to prove he was not drunk when he refused, but we succeeded.]
Informal accusation of creating a disturbance after drinking (even at a party) may be enough to get you invited to an investigative hearing.

E.

9. TRAFFIC ORDINANCE VIOLATIONS show disregard for the law show disregard for the lives of others suggest you believe your convenience and getting somewhere fast is more important than laws or lives, i.e. you are an ends justifies the means person. [Is that the trait of someone YOU think should be a lawyer?] CONCLUSION Almost all of this can be avoided. [As in Charles Dickens Ghost of Christmas Future from A Christmas Carol.]

Braccialarghes 9 Rules for Explanations to the Board Remember, you are writing to PERSUADE. 1. 2. 3. 4. 5. Chronological order B do NOT deviate from chronological order Facts, not conclusions (opening statement vs. closing argument) If you must violate 1. or 2. above, do it in footnotes. Active not passive voice Use people=s names, rather than write my friend. If you do not remember someone=s name (unlikely, considering that you must now describe to the Board the consequences of your interaction with that person), do what James Clavell did in Shogun B he named characters after their occupations (e.g. Pilot, Gardener). Eschew pronouns where the antecedent is not clear B He, she and it ceased being clear after the Garden of Eden. Rule of 4 - list: how many years ago; the calendar year; your age at the time; where you were in school B e.g. ASeven years ago, in 2003, when I was an 18 year-old high school senior.@ - before (provide context) - during (details of what happened) - after (how you have changed your behavior so Aduring@ won=t happen again)

6. 7.

8.

Rule of 3

AND 9. Be your own worst accuser. If you have done something that you shouldn=t have, don=t try to excuse or defend your PAST behavior; admit it and condemn it.