Arrests as Employment and C&F Issue - HELP Forum

[Anonymous User]

First, let me just say that I have contacted multiple C&F lawyers and employers on this issue. I am seeking advice from law colleagues here that might have insights into my situation, given that it spans multiple states and potential employment issues. Before you say it, I know I'm stupid for doing these things - hoping that answers here will be more remedial than judgmental. Here's the issue, in as much clarity as I can give here:

I've been arrested 3 times, and had connected problems with school during undergrad, all associated with alcohol. The arrests are all low level misdemeanors, but 2 happened in law school, and one a month before law school graduation. They are all generally of the 'drunk in public' or minor damage to property nature. One was a conviction, and the others were nolle prosequied/conditionally dismissed w/ supervised probation, though I gather that it is mostly the arrest/police report and not the disposition that matters for C&F.

I've been largely successful at my T30 law school and, while I didn't grab a 2L SA that turned into an offer, I have completed prestigious gov't/firm internships over the summer and am top 20% in terms of GPA. I have a patent specialty, and credentials to show for it.

I'm now determined to be completely sober, and fully realize that I have a problem. The concern now is getting my license and getting employed with a record, and a quite recent one at that. I plan to take the February Bar Exam in CA, and to enroll in the Lawyer Assistance Program as soon as I get there. My two main questions are as follows:

Does it really make sense to take the CA Bar when they have such a strict C&F? From my consultations, it sounds like I would have a good chance at passing C&F in other states, where the CA Bar has decent chance of resulting in denial and almost certainly an abeyance (ie. waiting period of monitored sobriety before admission). That being said, CA is where my family is and where I would like to end up. But, beggars can't be choosers; does anyone see another state as a better option to poise myself for patent law employment? (my law school is not in CA) Would it make sense to apply to another summer Bar Exam and double my chances?

How much of an issue will these arrests be for employers? That is, are they going to be absolutely preclusive (ie. I should save myself time and get out of the legal profession now), is there mitigation action I can take, or will they be overlooked? I suspect that the latter will almost certainly not be the case, especially with BigLaw.

I have invested an enormous amount of time, money, and energy into law school, and thoroughly enjoy patent practice. I really hope I have not self-destructively destroyed my chance in law, but am prepared to move on and try to exploit my undergrad degree if that is the logical option here. Any advice for this predicament is much appreciated.

[Anonymous User]

If you're up-front about it, biglaw (at least in my experience) can be quite understanding. A few years back I had worse issues, albeit much longer ago, and when mention of an eventual BG check came up, I went to all my offering firms, and showed them my own criminal record. Each firm said it wouldn't be a problem and they appreciated me telling them then.

[Anonymous User]

OP here. I understand that law firms might be somewhat understanding of the substance abuse issues, especially given the prevalence of alcohol in the legal profession. My concern is that, due to the recency of my issues, they will be concerned about passing the C&F and being able to put "licensed in CA/other state" on their firm bio for me. In addition, since I didn't go the path of SA and then associate offer, I am concerned because I probably need to pass the bar and get licensed in the first place to get a job. So, if I study for 400 hours and take the bar in Feb, the concern is that I will be jobless and twiddling my thumbs despite paying multiple 1000s of dollars, and also unable to bar in any other state.

[OneMoreLawHopeful]

Can you make any kind of a showing re: sobriety? And I mean something that is independently verifiable (e.g. documented time in rehab, an AA sponsor willing to testify that you have been attending meetings for X months, completion of some form of court-ordered sobriety monitoring as part of a plea bargain, etc.).

If you have this sort of evidence, have you explicitly brought it up to any of the C&F lawyers you have spoken with?

[Anonymous User]

To OneMore: I have demonstrated sobriety after incident #2 (72 hours of tested outpatient program; one year of tested supervision). But then #3 happened (which, by the way, comprised being picked up while walking home after the bars closed). I'm staying sober after #3 and planning to verify by referring myself to a monitoring program in CA.

As far as the influence on C&F goes, I have been told that I will almost certainly be mandated to participate in a program like this anyway. So, by participating early I'm able to look as good as possible before my participation is mandated (hopefully cutting down on the time). Also the support/forced sobriety in a monitored program is probably good for me personally too (except for the high cost of administration)

[BeautifulSW]

Can you file your California C&F application and get a determination before applying to take the General Bar exam? The disadvantage, of course, is that you might pass the C&F review then fail the exam and the C&F isn't cheap. I suspect that the C&F lawyers you've spoken to all say pretty much the same two things: You won't know for sure until you actually apply; and from the very beginning you should probably hire an attorney with experience in the field.

Good luck whatever you decide.