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eviction affects CA bar admission?
Posted: Sat Feb 22, 2014 1:42 pm
by Anonymous User
My husband recently had a dispute with the landlord due to water damage. The landlord demanded him to pay the damages in 5 days when we were still having disputes on who caused it. He refused to pay. Today, we were informed that the landlord filed an eviction notice with the court. If the judgment is against us, will this cause any adverse effect on CA bar admission? Thanks a lot!
Re: eviction affects CA bar admission?
Posted: Sat Feb 22, 2014 1:46 pm
by Old Gregg
If you're not named in the eviction notice to the court, then no.
Re: eviction affects CA bar admission?
Posted: Sat Feb 22, 2014 1:53 pm
by Anonymous User
zweitbester wrote:If you're not named in the eviction notice to the court, then no.
Even if I am named, can I still remove myself for the proceeding? I don't live there since I go to law school in a different city.
Re: eviction affects CA bar admission?
Posted: Sat Feb 22, 2014 5:13 pm
by Anonymous User
Anonymous User wrote:zweitbester wrote:If you're not named in the eviction notice to the court, then no.
Even if I am named, can I still remove myself for the proceeding? I don't live there since I go to law school in a different city.
Answering your question specifically would likely be getting closer to legal advice than practicing attorneys and the forum moderators would like, but generally the eviction action will be against all parties to the lease (i.e. those entitled to possession) and any residents not on the lease (i.e. those in actual possession).
The bar wants to see that you're financially responsible to the extent that you're unlikely to fall into dire straits and start abusing client/third party money. Being up front with them about the details will go a long way toward making it a non-issue for the bar, but expect them to ask some follow-up questions. From my experience, it seems that the examiners have a checklist of questions they need to ask for given situations, and once they're convinced that it was minor and that you've responded with complete candor, they'll check the boxes and clear your file. My wife had a harassment complaint against her and the bar (CA) was more concerned about whether she had disclosed the matter when she applied to law school than they were with the actual substance (probably because she had adequately documented the substance from the getgo, but had to retrieve additional documentation of her disclosures to schools).
That said, given that eviction is a financial issue, you probably want to put the disputed amount in escrow and document it. That would reassure the bar that this is an issue of disputed liability and that you are willing and able to pay obligations once their validity has been established, not an issue of avoiding bills.
But that's just my two cents. The best advice you'll get short of hiring an attorney would be to ask your PR prof.