Character and Fitness Forum

[ericjjjy]

Here's my situation. I am going to apply for the CA Moral Character determination.

[CanadianWolf]

Does the publication describe criminal activity on your part ? This is relevant because many, possibly most or all, state bars publish a list of bar candidates asking for the public to privately comment on bar applicants' character. The issue, therefore, may arise via the bar asking you for an explanation.
As to whether or not state bars use search engines to research bar applicants' backgrounds, my best guess is that yes they do.

[ericjjjy]

No criminal activity. I made a series of representations

[CanadianWolf]

Interesting situation since both the bar & future law employers may find this information. If the bar seeks comment, then you would be wise to consult with an attorney specializing in bar disciplinary matters before responding as this will become a permanent record & may involve defamatory statements.

[ericjjjy]

It's never been an issue before. Future law employers

[ericjjjy]

Any other suggestions anyone?

[cantaboot]

i cant see why and how this would become a problem.
It is not as if the case has been adjudicated and you have been proven guilty.

by the way, did you state your opinions about the individual, or facts? are those facts truly defamatory? if those were just opinions then they would not matter.

[ericjjjy]

Both opinions and

[cantaboot]

are those defamatory?

[ericjjjy]

It could be construed as

[cantaboot]

if you truly believed in those statements then this was not even defamatory. or was it?

the thing is that, if that individual did not, or could not, take it further, and there is no official/ legal record, the bar examiners could not act as judges, right?

[ericjjjy]

That's what I'm inquiring as to, whether they can

[cantaboot]

this is the tricky part.

if you did not admit, and even if that person insisted that you did, then the bar examiners could not possibly decide on facts ....

[ericjjjy]

Yea, I was much

[cantaboot]

if they ask, just say you believe those statements were true.

[ericjjjy]

Could I say at the time I

[St.Remy]

Interesting situation since both the bar & future law employers may find this information. If the bar seeks comment, then you would be wise to consult with an attorney specializing in bar disciplinary matters before responding as this will become a permanent record & may involve defamatory statements.

+1

TLS is a great resource for some things, but you should really talk to a specialist to resolve this problem. Don't go by anonymous forum advice for something this important. The back and forth on the thread thus far reinforces that this isn't a cut-and-dry situation, and so even if this thread reached a conclusion you have no guarantees that it will be the correct one.

[ericjjjy]

I agree, though would a law

[Action Jackson]

C&F is really only interested in 3 categories of issues: financial misconduct, criminal misconduct, and perjury. Someone on the internet accusing you of being a lying douchebag would not be a C&F red flag.

However, having a rotten web presence will make employment more difficult, depending on what is being said online about you. If it's really bad, you might want to consult a career services specialist (but not the morons at your schools career services office) and figure out what to do about that.

Really, this isn't a C&F problem you should be thinking about. It's an employment problem.

[ericjjjy]

None of my