Fare Evasion and Business Venture Questions for C&F

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Anonymous User
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Fare Evasion and Business Venture Questions for C&F

Postby Anonymous User » Sun Mar 17, 2019 12:31 pm

I am currently filling out my C&F application in a state that requires you to do so before the bar and I have two questions:
1. Stupidly a week ago I received a yellow ticket for fair evasion on the subway. I left my wallet at home, had no money or metro card, and I walked through the door. Obviously this was a mistake and I don't have a "good" excuse. I was issued an $100 fine, which I paid. Should I disclose this? And where? There's a section that asks for any arrests, charges, summons etc. except in the case of "minor violations". The officer told me this was akin to a parking ticket so I don't think it should be disclosed there but I don't know. There's also a miscellaneous section and I feel like it should be disclosed there but I would appreciation advise.
2. There's a question that asks about business ventures and whether you've had any financial interest in a business venture. How do they define this? My spouse co-owns a small business (more of a side hustle) that operates as an LLC. I'm not listed on any of the contracts or any paper related to the business and act basically as a secretary for the business (I answer emails). We make apprx. $30k from this a year and it's neither of our full-time employment. Should I disclose this as an interest in a business venture?
Thanks!

b290

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Re: Fare Evasion and Business Venture Questions for C&F

Postby b290 » Sun Sep 08, 2019 2:19 am

Anonymous User wrote:I am currently filling out my C&F application in a state that requires you to do so before the bar and I have two questions:
1. Stupidly a week ago I received a yellow ticket for fair evasion on the subway. I left my wallet at home, had no money or metro card, and I walked through the door. Obviously this was a mistake and I don't have a "good" excuse. I was issued an $100 fine, which I paid. Should I disclose this? And where? There's a section that asks for any arrests, charges, summons etc. except in the case of "minor violations". The officer told me this was akin to a parking ticket so I don't think it should be disclosed there but I don't know. There's also a miscellaneous section and I feel like it should be disclosed there but I would appreciation advise.
2. There's a question that asks about business ventures and whether you've had any financial interest in a business venture. How do they define this? My spouse co-owns a small business (more of a side hustle) that operates as an LLC. I'm not listed on any of the contracts or any paper related to the business and act basically as a secretary for the business (I answer emails). We make apprx. $30k from this a year and it's neither of our full-time employment. Should I disclose this as an interest in a business venture?
Thanks!

This is late, but I'm answering for the benefit of future applicants...

1. As you should remember from Criminal Procedure, what the police officer told you isn't a (sufficient) legal opinion. Therefore, using it as a basis for non-disclosure won't help you here. Any extra delay/questioning you would get by disclosure far outweighs the appearance of misrepresentation. It's very easy to find evidence of this (you were charged and paid the fine - therefore it's on some court's docket record). Your bigger issue would be the recency of this incident (but that's a different question altogether).

You don't want to take the chance of C&F finding out after you didn't disclose. Omitting this (plus the conduct) could be the basis for delaying (or denying if there are other issues) your application. No need to make something more serious than it has to be.

2. As you should also remember from Business Planning/Organizations, omission of your name from contracts doesn't absolve you from liability. Also defining "financial interest" in this instance requires an interpretation of your state's family, business, and tax laws - none of which would adequately be provided here.

Get a C&F attorney - at least a consultation. If that's not possible, speak to someone at your law school that can address C&F issues.

My $.02



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