What you should know if you have been denied a certificate of admission by the Pennsylvania Board of Law Examiners.
Applicants for admission to the Bar of the Commonwealth of Pennsylvania are sometimes horrified or shocked to learn, after passing the bar examination, that the Pennsylvania Board of Law Examiners (hereafter referred to as "The Board") is denying them a Certificate of Admission to the Bar because of "character and fitness" issues. This is usually quite a stunning blow to the applicant after successfully graduating from law school and then passing the bar examination. The proper handling of character and fitness issues by the applicant can often times stave off the denial of a Certificate of Admission. Even if The Board initially denies the applicant a Certificate of Admission, such a denial can often be overcome through a hearing before The Board.
Frequently Asked Questions:
What kinds of matters could result in the denial of a Certificate of Admission?
Anything that could legitimately raise a question concerning your "character and fitness" is fair game for The Board to consider. In fact, The Board is charged with the duty to consider any such issues. This includes any kind of chemical dependency or abuse, gambling problems, criminal charges (even if you were not convicted, and even if the record of charges against you has been expunged), fiscal misfeasance, termination from employment for cause, plagiarism, disciplinary actions against the applicant while in college or law school, and virtually any act of dishonesty. This list is not exclusive, but is representative of the kinds of things which have caused some of my clients to initially be denied admission to the practice of law or which at least raised a character and fitness issue.
How and when would The Board notify me if I am being denied admission to the Bar based upon a character and fitness issue?
You will generally be notified of such a denial within a few days after being notified that you have passed the bar examination. If you do not pass the bar examination, The Board will not send you a notice of a denial of a Certificate of Admission, since it would be a moot point.
Is it possible to have a character and fitness issue resolved before the bar examination results are released?
Yes, in some cases. If handled properly, many character and fitness issues can be favorably resolved even prior to the applicant taking the bar examination. One of the keys to properly handling a character and fitness issue is complete and utter candor in explaining any potential character and fitness issues when filling out the application for the bar examination. There are other considerations to take into account when preparing your application in order to optimize your chances for a favorable outcome.
Is it possible to know of such a favorable outcome prior to taking the bar examination?
Yes, in many instances. While you will receive no formal notification of a favorable decision from The Board, in my experience The Board has been very open and forthright in letting me know when it is satisfied with the explanation(s) provided by one of my client/applicants and have determined that it will not deny the applicant his or her Certificate of Admission. In cases involving serious character and fitness issues, however, it is not likely that the applicant will avoid a denial of the Certificate of Admission. Issues involving alcoholism or other chemical dependency will also usually result in an initial denial of a Certificate of Admission. However, if the applicant can demonstrate that he or she has been in recovery for at least three years, it may be possible to avoid the denial of a Certificate of Admission.
What if I fail to disclose something on my bar application that will or might raise a character and fitness issue?
Failure to disclose anything that should be disclosed on your bar application is simply wrong, and is also the wrong way to start off a legal career. Beyond that, failure to disclose is almost always worse than the conduct which is being concealed. Discovery of a failure to disclose something which should have been disclosed will almost surely result in denial of admission to the bar. Moreover, if you are admitted to the practice of law, and your failure to disclose is subsequently discovered, you will then face disciplinary proceedings before the Disciplinary Board. One of the possible sanctions for failure to disclose on the bar application at that point is a revocation of your license. One cannot petition The Disciplinary Board for reinstatement to the practice of law from such a license revocation.
If I receive a denial of my Certificate for Admission, is it time for me to look for another career?
No. Following receipt of a denial of a Certificate of Admission, you may request a hearing before the Board of Law Examiners. The hearing is then scheduled and handled in an expedited fashion. Of course, as in any legal proceeding, there are various "do's and don't's" of which the applicant should be aware in proceeding to a hearing. You have already invested several years of your life, not to mention considerable expense, in pursuing a legal career. In addition, you stand to earn millions of dollars over the course of your legal career. Therefore, you should thoroughly and properly prepare for the hearing before The Board of Law Examiners, and should be ready to corroborate your position with witnesses and appropriate documentary evidence. Applicants are often granted admission to the bar following a well-prepared-for hearing before the Board of Law Examiners.
Other Practice Areas:
Disciplinary Board Matters Client Security Fund Claims Judicial Conduct Board Matters Reinstatement Proceedings Ethics Advice/Consultation If you have been contacted by the Disciplinary Board, the Client Security Fund, the Board of Law Examiners, the Judicial Conduct Board, or if you have any other ethical concerns or questions, contact Attorney Craig Simpson at 412-731-3100 to arrange an appointment at our convenient and confidential office. All inquiries are strictly confidential.