NY C&F Panic attack Forum

[Anonymous User]

Hey all, was wondering if anyone with insight on how the C&F board deals with certain C&F issues during law school.
I am currently a 2L, with a biglaw SA lines up for next summer. Over last summer, after my 1L year, I was arrested for DUI (a misdemeanor) and it was plead down to a DWAI (a traffic violation in NY). The case is over and my school has allowed me to amend my application.

Last night, I was pulled over and given a ticket for driving while operating a mobile phone (obviously another traffic violation and not a crime). Im going to have to disclose this to my school/bar as well.

Im now panicking about getting admitted to the NY Bar. These two incidents, combined with a speeding ticket during my senior year of college, are causing me some anxiety. Will I run into significant troubles during my C&F process? (Assuming my school allows me to amend my application AGAIN). Thanks for the help.

[Lacepiece23]

From what I heard only felonies really matter. But could be wrong.

[Anonymous User]

Significant problems, no. PitA, you bet. Enjoy tracking down the records that you've paid the fines in full from jerkoff state employees that take pride in how slow they work.

[Anonymous User]

I highly, highly doubt this will be an issue. I also wasn't aware you had to amend your application to reflect events that happened after you began law school. I too got a couple of tickets in law school, reported them to the bar (but not to my school), and was admitted without any issues.

[encore1101]

When you submit your bar application, also send in a copy of your driving abstract, which you can download and print for a few bucks.

[Anonymous User]

Thanks for the replies guys. Hopefully this will just be more of an embarrassment than anything

[Anonymous User]

OP here, just wanted to provide an update for anyone who made the same mistake as me and is similarly shitting bricks. It all turned out fine. I had to jump through some hoops in the C&F process (go to a NY Bar mental health/substance abuse professional, etc) but I was admitted as early as possible. The interview was still a joke, lasted all of 2 minutes, and when my incident came up the interviewer's reaction was basically, "we all do it, you got caught." I'm still gainfully employed at the firm I SA's at, and was in fact one of the first in my summer class to get admitted to the bar.

Anyways, just wanted to provide some reassurance. Of course, it's best to avoid the whole situation by not being an idiot. Don't drink and drive.

[jchiles]

Thanks for coming back and updating this OP, I think this kind of thread goes a long way towards reassuring people going through the opaque C&F process.

[Anonymous User]

They were never going to care about the second ticket. The issue was you committed a crime, and more specifically committed a crime indicative of a potential substance abuse problem. If you had a bunch of speeding tickets, maybe that combined with the DWI could suggest reckless conduct, but cell phone tickets are not perceived this way.

The other thing people reading this should bear in mind is the issue with a DWI is not only that it is a crime, but that everyone knows it's a crime and no rational risk-reward analysis favors driving. You're essentially risking your life and liberty to save cab fare or to get home a few hours earlier. Most attorneys aren't getting disbarred for running Maidoff like ponzi schemes or killing people, but risky things with comparatively little benefit.

A second DUI would have been a bigger problem but the cell phone thing isn't really relevant despite it being a bit like drunk driving (i.e. a law where something is outlawed because of its correlation with car accidents). Even with a second DWI, substance abuse is such a widespread problem in the profession that lawyers tend to be more sympathetic than general society. If it's no longer an issue in someone's life, there's some guilt in harming their career and thus increasing the chances of a relapse. Ironically, substance abuse is often a response to graver mental health issues that would potentially preclude someone from being admitted.

[ookoshi]

Not sure about NY, but in some states, like mine, having a DUI at all, even if it gets pled down later, requires you to have a conversation with the C&F board. In my state, a DUI conviction actually results in a 1-year mandatory bar from C&F certification. I know someone who got a DUI their 1L year, pled it down, reported it on their C&F application. Had their chat with the C&F board over the phone, explained it was a 1-time thing, didn't have any issues with certification. You should be fine.

[HonestAdvice]

Not sure about NY, but in some states, like mine, having a DUI at all, even if it gets pled down later, requires you to have a conversation with the C&F board. In my state, a DUI conviction actually results in a 1-year mandatory bar from C&F certification. I know someone who got a DUI their 1L year, pled it down, reported it on their C&F application. Had their chat with the C&F board over the phone, explained it was a 1-time thing, didn't have any issues with certification. You should be fine.

The ban is likely motivated, in part, by things other than the individual attorney. Licensing attorneys with current criminal records is thought to affect the profession's reputation. In addition, if the lawyer harms a client's case or worse harms a client's case due to issues with drugs or alcohol, how's that going to reflect on the committee? If someone has a DUI when they're 20, and goes before the committee when they're 25, and then screws up a case because of their alcoholism a month later, it's easier to argue that it was reasonable for them to conclude the alcoholism wasn't a current issue. I'm sure the reviewers are legitimately interested in protecting the public without superfluously harming the attorney, but they're people like everyone else and people don't like looking bad.

[Anonymous User]

Not NY bar but I had one during lawschool and got through rather easily in another major state. Had to meet with an attorney on the board and talk it through but nothing too serious. Had a drinking ticket from college too but that was it. Like has been said, second ticket won't matter.

Not to hijack but anyone on here want to weigh in on whether I would pass a AUSA/DOJ background with that on my record. At time of application it would be around 8 years old.