Disclosure Question Forum

[Anonymous User]

Alright, I'm in the midst of finalizing my Bar application, but I'm hung up on what to do concerning a misconduct question which states "Were you ever the subject of a complaint, probable cause hearing or other initial inquiry for any academic or non-academic reasons at any college, university, or law school?"

Well, my first year at my former law school (I'm a transfer student) during my second semester Constitutional Law exam the proctor, unbeknownst to me, flagged me for suspicion of cheating. I in fact wasn't and the law school compared my exam to the student's who I was alleged to have cheated off of, and the exams were completely different. That was the end of the whole situation. Nothing was ever filed, no formal or informal actions were ever taken against me, or anything of the like ever occurred.

In fact I didn't know any of this was happening until after the fact. I was emailed by the Dean of Academic Affairs, and asked if I could meet with her. I did and she explained what had happened, that they had looked in to it, and that the allegation was unfounded.

I would categorize my experience as being an "inquiry" requiring disclosure my Bar application. My concern is that on my transfer application I was asked something along the lines of "have you ever been subject to a disciplinary action or charge?" I didn't disclose anything (or I should say I didn't amend anything since the application was already in) because I thought, and still think, that "charge" has a sense of formality which my situation never had. And also honestly because the thought to amend never even entered my mind. So my question now is, given that disclosure seems more than likely required on the Bar application, do I need to file an amendment with my transfer application? Should I call the Bar and ask their opinion?

I'm really at a loss as to what I should do. Any advice/help would be greatly appreciated.

[Anonymous User]

bump

[Anonymous User]

bump

When in doubt, disclose. That's my opinion.

I was working illegally in a foreign country for a couple months. When the bar application asked why I left the job, I was honest and said I was scammed into going to work in the country with the promise that they were converting my visa. When I realized they weren't I quit. I was never asked about and got through the first check.

When I applied to law school I didn't even mention the job on my resume. I notified them that I wanted to amend my law school application and they were happy to do so. The bar associations compare these things. Perhaps you will want to bring it to your dean's attention so you can amend your application?

You aren't in a good position because your school might be pissed, but the bar will find out anyways when they review your documents from your old school. They will compare it to your application at your current and it may raise eyebrows. However you have one good thing going for you, you just never got around to amending your application.

If it was determined to be something totally unfounded, I don't think you have much to worry about. Its only if you went out of your way to hide it.

[BVest]

I would categorize my experience as being an "inquiry" requiring disclosure my Bar application. My concern is that on my transfer application I was asked something along the lines of "have you ever been subject to a disciplinary action or charge?" I didn't disclose anything (or I should say I didn't amend anything since the application was already in) because I thought, and still think, that "charge" has a sense of formality which my situation never had. And also honestly because the thought to amend never even entered my mind. So my question now is, given that disclosure seems more than likely required on the Bar application, do I need to file an amendment with my transfer application? Should I call the Bar and ask their opinion?

I'm really at a loss as to what I should do. Any advice/help would be greatly appreciated.

Let me preface my response by saying that the best place to start with such a question is to speak with your PR prof.

My view would be in line with yours, specifically that the incident is an inquiry as the bar asks about but not a charge as the law school apparently asked about. I would think that in that case you would not need to amend your application, but be prepared to explain why you did not disclose in response to the "action or charge" question. In addition, you might want to request a letter from the Dean of Academic Affairs at the prior school stating that while a flag was raised by a proctor, a preliminary inquiry showed no basis on which any charges should be brought.

[crit_racer]

I'm really at a loss as to what I should do. Any advice/help would be greatly appreciated.

Let me preface my response by saying that the best place to start with such a question is to speak with your PR prof.
.

I donno if asking your PR prof is the best idea. I dont think profs usually want to give legal advice to their students, but I donno I could be wrong. Honestly, I wouldn't disclose b/c it doesn't sound like there will be a record of it. But the best thing to do is talk to a C&F attorney.

[BVest]

I'm really at a loss as to what I should do. Any advice/help would be greatly appreciated.

Let me preface my response by saying that the best place to start with such a question is to speak with your PR prof.
.

I donno if asking your PR prof is the best idea. I dont think profs usually want to give legal advice to their students, but I donno I could be wrong. Honestly, I wouldn't disclose b/c it doesn't sound like there will be a record of it. But the best thing to do is talk to a C&F attorney.

Some will and some won't (but they'll almost always start with the fact that they're not giving legal advice but addressing the hypo). But if they don't want to address it, they'll know who you should be talking to in terms of C&F attorneys.

[CanadianWolf]

Amending this late in the process won't help & probably isn't necessary anyway. Just give full disclosure to the state bar. This, in my opinion, should not cause you any problems whatsoever.

[NotMyRealName09]

Edited: Forget whatever I wrote a second ago. What you describe sounds like a disciplinary action, regardless of formality. Your school's administration had to look into whether you cheated....yeah nothing came of it, but it happened, and cheating is a serious issue that speaks directly to integrity. And you didn't tell your current school that it happened despite their application asking about disciplinary action. A dean sat you down and said you were investigated for cheating. How can that reasonably not be considered a disciplinary action?

Stop asking the internet. Go ask an attorney who handles bar application appeals in your state. My opinion says you screwed up in not disclosing to your transfer school. I BET there is a record somewhere in your old school's file, I don't think an informal cheating investigation is a thing. That shit was documented. It was important enough to call you in for a meeting. Deans don't just casually have "we thought you were cheating but found out you weren't" conversations. Only an attorney can advise you on the best way to mitigate this problem. It might be no big deal, I have no idea if what a law school sends to the bar would include something like this, but no one here can give you the answer you are looking for.

[Anonymous User]

Edited: Forget whatever I wrote a second ago. What you describe sounds like a disciplinary action, regardless of formality. Your school's administration had to look into whether you cheated....yeah nothing came of it, but it happened, and cheating is a serious issue that speaks directly to integrity. And you didn't tell your current school that it happened despite their application asking about disciplinary action. A dean sat you down and said you were investigated for cheating. How can that reasonably not be considered a disciplinary action?

Stop asking the internet. Go ask an attorney who handles bar application appeals in your state. My opinion says you screwed up in not disclosing to your transfer school. I BET there is a record somewhere in your old school's file, I don't think an informal cheating investigation is a thing. That shit was documented. It was important enough to call you in for a meeting. Deans don't just casually have "we thought you were cheating but found out you weren't" conversations. Only an attorney can advise you on the best way to mitigate this problem. It might be no big deal, I have no idea if what a law school sends to the bar would include something like this, but no one here can give you the answer you are looking for.

I've already spoken to the Dean at my former school. There is nothing in my file.

[Anonymous User]

What happened? Was it an essay question or multiple choice? Why did they accuse you of cheating?

[Law Student 2848]

Disclosure question.... the answer is always disclose.

[dood]

Amending this late in the process won't help & probably isn't necessary anyway. Just give full disclosure to the state bar. This, in my opinion, should not cause you any problems whatsoever.

yeah ditto

[lonerider]

Alright, I'm in the midst of finalizing my Bar application, but I'm hung up on what to do concerning a misconduct question which states "Were you ever the subject of a complaint, ... other initial inquiry for any academic or non-academic reasons at any college, university, or law school?".

1. You were the subject of a complaint
2. For an academic reason
3. At a law school