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Civil Suit App Question
Posted: Wed Jan 15, 2014 11:47 am
by Nucky
Why do some law schools ask about civil suits? Noticed this on Pepperdine's app as well as another I can't remember.
I have never been sued, but I have been a plaintiff in a few fairly straight-forward cases, which comes with the territory doing what I do, but I just can't see that being any of their business.
Decided not to apply due to that question alone.
Re: Civil Suit App Question
Posted: Wed Jan 15, 2014 12:11 pm
by Nooblarzlarz
It'll come up in Bar Admission applications. So in addition to being hesitant to allowing in lawyer with horrible credit and bad debt, they also will be more hesitant if they find that you've been sued multiple times or are subject to ongoing civil litigation.
Re: Civil Suit App Question
Posted: Wed Jan 15, 2014 12:30 pm
by Nucky
Nooblarzlarz wrote:It'll come up in Bar Admission applications. So in addition to being hesitant to allowing in lawyer with horrible credit and bad debt, they also will be more hesitant if they find that you've been sued multiple times or are subject to ongoing civil litigation.
That makes sense, but if that is the case I think they should specifically ask for that, as opposed to a blanket statement covering all civil litigation. When you own shit, and extend credit, sometimes you have to sue people to collect. It's unfortunate but it's the cost of doing business.
I'm not going to pull court records and all that crap because 1/100 law schools decides to be nosy. Particularly when I have always been the plaintiff(and always won). Oh well.
Re: Civil Suit App Question
Posted: Wed Jan 15, 2014 2:06 pm
by A. Nony Mouse
The problem is that a lot of people who engage in frivolous litigation, or put themselves in a position to be sued a lot (because they don't fulfill their obligations) probably don't see those things as their fault, or may have different standards on such issues than the applicant does. So schools/the bar just ask you to say if you've been involved in a civil suit, so they can get the information and assess it for themselves. (Is anyone really going to answer yes to either "have you engaged in frivolous litigation" or "do people sue you a lot because you don't fulfill your contractual obligations"?)
In any case, get used to the idea of nosiness - the bar application is an exercise in nosiness. You're getting a license, after all.
Re: Civil Suit App Question
Posted: Wed Jan 15, 2014 2:37 pm
by Nucky
A. Nony Mouse wrote:The problem is that a lot of people who engage in frivolous litigation, or put themselves in a position to be sued a lot (because they don't fulfill their obligations) probably don't see those things as their fault, or may have different standards on such issues than the applicant does. So schools/the bar just ask you to say if you've been involved in a civil suit, so they can get the information and assess it for themselves. (Is anyone really going to answer yes to either "have you engaged in frivolous litigation" or "do people sue you a lot because you don't fulfill your contractual obligations"?)
In any case, get used to the idea of nosiness - the bar application is an exercise in nosiness. You're getting a license, after all.
I can understand the BAR being thoroughly "nosy." But I think this would suffice: "Have you ever been a defendant in a civil suit and if so, what was the outcome and details surrounding the suit?"
The courts have their own mechanisms for punishing people who go around filing frivolous lawsuits left and right. But if you wanted to cut into that, you could ask: "Have you acted as the plaintiff and lost in any civil litigation proceedings, including those which are currently pending appeal?"
Just paints too broad a brush and burdens people in my situation. But oh well, that is just my opinion and it was only two school that asked anyway.
Re: Civil Suit App Question
Posted: Wed Jan 15, 2014 3:48 pm
by A. Nony Mouse
Just because you're the plaintiff and won doesn't mean the suit might not be problematic for the bar. They want to know about your interactions with the legal system. It's also simpler just to ask one question.
Re: Civil Suit App Question
Posted: Wed Jan 15, 2014 3:49 pm
by A. Nony Mouse
A. Nony Mouse wrote:Just because you're the plaintiff and won doesn't mean the suit might not be problematic for the bar. You might have bullied your opponent or hired a shady lawyer or all kinds of things. They want to know about your interactions with the legal system. It's also simpler just to ask one question.