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Posted: Wed Dec 18, 2013 12:25 am
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Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 12:44 am
You deff don't need to disclose hospitalization. Unless it actually works in your favor, ie receiving treatment for alcoholism.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:20 am
Thanks for your response! And no, this hospitalization was due to the binge drinking on the night of the incident, so I don't see it helping 
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:23 am
Yeah I 110% would not disclose that.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:30 am
I would disclose it because the C&F committee is going to compare whatever you tell them to what you said on the law school application. Then they will also look at any police report or hospital record and compare it to all of your statements. If there are inconsistencies they will ask for a hearing with you. If they don't like your explanation for the inconsistencies they will deny your bar application. It happens all the time. I have heard about it multiple times in the context of DUIs. Usually someone is trying to hide that the cops let them off with a lesser charge when there was alcohol, marijuana, or some other drug in their system. But it always comes out when they get the police report.
Just disclose it. There is no reason to risk it.
Just disclose it. There is no reason to risk it.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:40 am
If there are police reports, they will definitely see those, but I don't think C&F just gets all your medical records as a matter of course.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:44 am
If the police report references the medical report or hospitalization they will ask you for a copy of that record. You waive all rights to privacy (to the extent allowed under the law) when you apply for the bar.sidhesadie wrote:If there are police reports, they will definitely see those, but I don't think C&F just gets all your medical records as a matter of course.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:46 am
I absolutely agree with you on the need to properly disclose in these particular cases because that's distorting the actual offense, a DUI is a DUI, not a lesser charge. I have an underage drinking charge on my UG record, which has been destroyed, but of course I'm disclosing anyways. I'm being entirely honest in my disclosure about my charges and sanctions- public intox while a minor, conduct probation, and about what happened that led to these charges. I'm simply thinking about not disclosing the hospitalization fact in particular because of the reasons that I mentioned: it's not a misdeed to go to the hospital and hospital info is confidential.daryldixon wrote:I would disclose it because the C&F committee is going to compare whatever you tell them to what you said on the law school application. Then they will also look at any police report or hospital record and compare it to all of your statements. If there are inconsistencies they will ask for a hearing with you. If they don't like your explanation for the inconsistencies they will deny your bar application. It happens all the time. I have heard about it multiple times in the context of DUIs. Usually someone is trying to hide that the cops let them off with a lesser charge when there was alcohol, marijuana, or some other drug in their system. But it always comes out when they get the police report.
Just disclose it. There is no reason to risk it.
Also: Doesn't HIPAA specifically protect against medical record invasion?
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:49 am
No it isn't. You waive this when you apply for the bar. They can ask you to produce anything related to their promulgated criteria and they can even subpoena records if they think you are lying or lying by omission.Anonymous User wrote: hospital info is confidential.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:54 am
Keep in mind that your UG's record of the incident may mention that you were transported if that's what happened. No reason not to disclose, especially if this is an isolated incident. It isn't a big deal.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:59 am
Thanks for your advice, I'll take it into account as I'm considering this. My question to you guys I guess, is okay they find out about the hospitalization, but is that really misconduct or something morally wrong that I was hiding? Failure to disclose hospitalization? I just don't see that as trying to hide anything. Apologies if I'm appearing stubborn, I'm a 0L just interested in learning about the C&F process.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 1:59 am
You waive HIPPA protections as part of the bar application.Anonymous User wrote:Also: Doesn't HIPAA specifically protect against medical record invasion?
The authorization for release of information usually looks like this:
Texas Bar Application - Authorization for Release of Information
I authorize and request every person, firm, company, corporation, school, employer (past or present), governmental
agency, court, association, institution, or other third party having opinions about me or knowledge or control of any
information, documents, records (including but not limited to public or private disciplinary records, criminal history record
information, medical or psychological records), or other data pertaining to me, to reveal, furnish and release to the Board of
Law Examiners of the State of Texas, or any of its agents or representatives, any such opinions, knowledge, information,
documents, records or other data. Without limiting the previously described authority, I specifically authorize the release of
files of any bar association, grievance or other bar committee regarding charges or complaints filed against me, formal or
informal, pending or closed, or any other pertinent data, as well as all undergraduate, graduate, or law school records relating
to my admission to and conduct during my enrollment in such schools.
Re: Specific Q About C+F Disclosure
Posted: Wed Dec 18, 2013 2:00 am
Yeah they can construe any major detail that you leave out as an omission and therefore a violation of the candor requirement.Anonymous User wrote:Thanks for your advice, I'll take it into account as I'm considering this. My question to you guys I guess, is okay they find out about the hospitalization, but is that really misconduct or something morally wrong that I was hiding? Failure to disclose hospitalization? I just don't see that as trying to hide anything. Apologies if I'm appearing stubborn, I'm a 0L just interested in learning about the C&F process.