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definition of "employment" for bar application

Posted: Thu Apr 03, 2014 5:15 pm
by objctnyrhnr
So the bar application asks to list everywhere one has been employed

Does this include the following (if you're not positive but you think so, please say probably):

1. Internships done while in LS for no pay

2. Internships done while in LS for school-funded pay

3. Volunteer work done, full time, before LS, with stipend

4. odd jobs where you were paid in cash

5. short-term, full time job where you were paid in cash

6. And this is just a question--would you ever get questions for not having enough W.E. down there? example -- you clearly took a year off between college and LS. Why is there no employment listed for that period?


If I leave the volunteer position off in #3 (because I might not want to go into why I left), and the bar people decide is it employment, what is the worst case scenario? they ask me why I didn't mention it, I say it was volunteer (and show them evidence that it was volunteer), they say okay?...or is it potentially worse?

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 9:49 pm
by It's A Lion
It generally does not hurt to over disclose. Under-disclosing is generally what the bar does not take kindly to.

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 10:09 pm
by objctnyrhnr
It's A Lion wrote:It generally does not hurt to over disclose. Under-disclosing is generally what the bar does not take kindly to.
Can you elaborate on what they mean by "does not take kindly to"?

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 10:18 pm
by It's A Lion
objctnyrhnr wrote:
It's A Lion wrote:It generally does not hurt to over disclose. Under-disclosing is generally what the bar does not take kindly to.
Can you elaborate on what they mean by "does not take kindly to"?
They're are looking for willful omissions. Why did you leave out x internship? Is it because you were fired or did bad work, etc...

Call the office and ask what you should include.

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 10:24 pm
by objctnyrhnr
so people put their internships on there?

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 10:38 pm
by ggocat
If your bar does not define employment, my common sense definition says employment requires payment by the employer directly to you. However, if you listed any "job" on a resume ever, I'd include it on your bar application.

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 10:43 pm
by objctnyrhnr
How much research do they do for omitted jobs? how could they really even research this?

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 11:02 pm
by A. Nony Mouse
Does your bar provide instructions to the instructions, so to speak? My state instructions specified, "Legal Internships should be included under Legal Employment, even though you may not have been monetarily compensated for your activities." I included everything you listed in your original post. And I don't think you can leave a job off because you don't want to explain why you left - that's kind of the point of character and fitness, to find out whether there are any signs in your past history that you wouldn't be a fit attorney. (Leaving a job, though, would be really unlikely to be a problem - lots of people leave jobs that don't work out - unless you left because you were embezzling client funds, which would be a huge problem.)

As for underdisclosing, everything I've ever heard anyone (including bar association reps) say about the bar, anywhere, ever, is that failure to disclose something negative in your past is a much bigger problem and much more likely to prevent your admission than whatever the past negative thing was. Leaving stuff off is just a really really bad idea.

Re: definition of "employment" for bar application

Posted: Thu Apr 03, 2014 11:05 pm
by sidhesadie
Yeah, in my state's bar exam instructions it says list every job, internship, externship, or volunteer position.

If yours doesn't specify, I would just call and ask. I've had to call 3x already, they are always really nice here, although sometimes you have to try a few times to get through.

Re: definition of "employment" for bar application

Posted: Fri Apr 04, 2014 1:37 pm
by Bikeflip
objctnyrhnr wrote:So the bar application asks to list everywhere one has been employed

Does this include the following (if you're not positive but you think so, please say probably):

1. Internships done while in LS for no pay

2. Internships done while in LS for school-funded pay

3. Volunteer work done, full time, before LS, with stipend

4. odd jobs where you were paid in cash

5. short-term, full time job where you were paid in cash

6. And this is just a question--would you ever get questions for not having enough W.E. down there? example -- you clearly took a year off between college and LS. Why is there no employment listed for that period?


If I leave the volunteer position off in #3 (because I might not want to go into why I left), and the bar people decide is it employment, what is the worst case scenario? they ask me why I didn't mention it, I say it was volunteer (and show them evidence that it was volunteer), they say okay?...or is it potentially worse?

Your application may get held up for months, and you may have to explain a lot more than you bargained for. When in doubt, disclose and document. When in serious doubt, lawyer up.

For my bar application, I had to talk about why I got in trouble at an old jerb, and it turned out fine.

Re: definition of "employment" for bar application

Posted: Fri Apr 04, 2014 1:39 pm
by kaiser
You also have to include school clinic experience under "employment" (at least in NY). I didn't realize this and it held up my application a bit.

Re: definition of "employment" for bar application

Posted: Fri Apr 04, 2014 1:49 pm
by objctnyrhnr
wow, okay. guys, thank you for all the advice. I had no idea that employment was this broadly defined. i just called the bar person and she was like legit say every single thing you did.

had it not been for this thread, I wouldn't have thought twice about leaving most of my #'s (above) out.

thanks!

Re: definition of "employment" for bar application

Posted: Wed Apr 30, 2014 10:44 pm
by dudnaito
objctnyrhnr wrote:wow, okay. guys, thank you for all the advice. I had no idea that employment was this broadly defined. i just called the bar person and she was like legit say every single thing you did.

had it not been for this thread, I wouldn't have thought twice about leaving most of my #'s (above) out.

thanks!
Yeah, it's that broadly defined; pretty crazy. Then again, i needed 4 pages for places that i've lived in including that motel in the outskirts of Atlanta i lived in for 3 months, eating eggs out of the motel drawers cause there wasn't any space left in the uber-mini-fridge lol

Re: definition of "employment" for bar application

Posted: Thu May 01, 2014 1:33 pm
by newyorker88
objctnyrhnr wrote:wow, okay. guys, thank you for all the advice. I had no idea that employment was this broadly defined. i just called the bar person and she was like legit say every single thing you did.
Is it everything legal or every job you've ever had? If the latter, I feel like that would take forever to compile.