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SA Credit/Background Check?

Posted: Sun Feb 23, 2020 6:20 pm
by Guest
As part of my SA paperwork I filled out a credit check authorization form and general new hire questions. There was also a question asking about "anything that could reflect poorly on my ability to practice law," which I answered "no" to. I answered all of the questions truthfully and sent it back.

I am now wondering I should have mentioned some past financial issues under the "reflects poorly on my ability to practice" question as part of my hiring packet?

About six years ago, my small business went under (due to some bad business decisions on my part) and I had about ten accounts charged off. I was able to eventually settle them, and thankfully, I am in a much better place financially.

However, I am now wondering if I made a major mistake by not mentioning it? I realize that my previous financial issues don't look good (regardless of reason), and I have worked very hard to conduct myself in a more responsible financial manner ever since. I knew they could see them as part of the credit check but it genuinely didn't occur to me that I might should mention it as part of that open-ended question. I love the firm and am so grateful for the opportunity, so I want to do everything I can to stay in their good graces.

Should I do anything here, or am I just overthinking things?

Re: SA Credit/Background Check?

Posted: Mon Feb 24, 2020 12:10 pm
by AJordan
I speak with zero authority or specific knowledge on this topic, but from a layman's perspective, I don't see how dealing with the fallout of a failed business by settling the debts and then fulfilling subsequent obligations would present a scenario where you would definitely have something you would need to disclose under that question.

Obviously there's the "when it doubt disclose" policy. Did they ask you about failing to fulfill financial obligations? Even then I'm not sure you would need to answer that you did. I've talked to a C&F attorney for the state to which I'm applying and he made it seem like investigators are more concerned with open financial obligations that are not addressed and not disclosed and EVEN THEN they oftentimes give the applicant a chance to correct the deficiencies before furthering the application for a formal hearing.

My Career Services office told me flat out that they'd be shocked if my (similar) issues DQed me from my SA and if the firm did to come see them immediately so they could start making angry phone calls. Have you talked to your CS office? They might have some more specific insight since this is a firm issue and not actually a state bar issue.

Re: SA Credit/Background Check?

Posted: Mon Feb 24, 2020 2:06 pm
by Guest
AJordan wrote:I speak with zero authority or specific knowledge on this topic, but from a layman's perspective, I don't see how dealing with the fallout of a failed business by settling the debts and then fulfilling subsequent obligations would present a scenario where you would definitely have something you would need to disclose under that question.

Obviously there's the "when it doubt disclose" policy. Did they ask you about failing to fulfill financial obligations? Even then I'm not sure you would need to answer that you did. I've talked to a C&F attorney for the state to which I'm applying and he made it seem like investigators are more concerned with open financial obligations that are not addressed and not disclosed and EVEN THEN they oftentimes give the applicant a chance to correct the deficiencies before furthering the application for a formal hearing.

My Career Services office told me flat out that they'd be shocked if my (similar) issues DQed me from my SA and if the firm did to come see them immediately so they could start making angry phone calls. Have you talked to your CS office? They might have some more specific insight since this is a firm issue and not actually a state bar issue.
Thank you!