As an attorney who regularly assists bar applicants with character and fitness issues, I happened upon this thread while doing research for an upcoming presentation to law students. I am intrigued by the observations made by many of you and wanted to offer some thoughts on the process of retaining counsel and your mindset going into this stressful process.
1.
Be Frugal, Not Foolish
Those of us who enjoy this area of law practice like working with young lawyers and law students in establishing their careers. We also understand that you probably cannot afford the same hourly rates that we charge to established lawyers faced with post-admission disciplinary action. That having been said, you have invested substantially in your career, incurring significant tuition bills, bar review course fees, and other extraordinary expenses. At this critical juncture, you must continue to regard the expense of retaining competent counsel as a further investment in your career.
This does not mean you should hire the most expensive lawyer you can find, or blindly accept your dean's recommendation. Interview the lawyer carefully. Ask pointed questions. Judge the attorney's reactions. Ask questions about the overall process, his or her experience with similar situations, and guidance on the monetary investment that will likely be required. Is the attorney someone who seems to care and empathize, or are you the next fee walking in the door? Does the attorney offer flat fees to contain your overall expense and, if so, what will it encompass?
You may ask for references, i.e., other clients who may share experiences in dealing with the attorney. This would, of course, be ideal. However, many clients will not wish to serve as references, even if delighted with the lawyer's services, due to privacy concerns. So don't be surprised if the lawyer explains the difficulty in offering such references.
2.
Hire Early, Not Late
One of the previous comments suggested that you complete sensitive parts of the bar application on your own and that you need only retain counsel if a character committee hearing is scheduled. I understand that advice, but respectfully disagree. As the adage goes, "it's not the crime, but the cover-up" that gets people into trouble. Retaining counsel at an early juncture to help in answering tough application questions should be relatively inexpensive in comparison with later hearings. But, often, it will help to reduce the incidence of hearings or, at least, cut down on the issues and turbulence in later proceedings. All of that can save you money, aggravation, and, perhaps, your career in the long run.
When I do application reviews, it often takes an hour or two during which I and my client review the background, the records, and I compose the disclosures on the spot so that my client can go on her way and file the application. I agree with one of the comments that bar applications are not "rocket science." In truth, none of this is rocket science and all of my clients have the intellect to complete and application. But true intellect is the insight to know when a more experienced and objective review is warranted -- especially in cases where the consequences are so significant.
3.
Honesty is the Best Policy, But It's Not That Easy
Disclosure is your friend. But qualified counsel understand how to disclose, what the bar examiners are looking for, and the best way to alleviate their concerns. Few misdeeds will preclude admission, but clumsy handling and disclosure may. Having an experienced partner in this process can also alleviate stress and allow you to focus on passing the bar rather than ruminating over dire consequences.
