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After my first year in law school, I did something that I now know was stupid, and I am afraid that it will come back to bite me

San Diego, CA |

I sent a letter to a family member, accusing him of stalking me (which of course he wasn't)and threatening criminal and/or civil charges. This family member had his attorney send me a "cease and desist" letter, to which I responded with a lengthly letter, putting the attorney in place and on notice. I am now afraid that these two letters can have a negative impact on my taking the bar exam?

Attorney Answers 3

  1. "Representing yourself" was your first error. Even in the first year of law school. Second, accusing someone of something "... which if course he wasn't ... " is bizarre, but I am sure I don't know what the facts are/were or what you were thinking. Third, you thinking you could "... put[ing] an attorney in [his] place and on notice [of what?] shows somemore bad judgment and maturity and ego issues. That being said, arrest and/or conviction of a crime involving moral turpitude is what the bar is looking for, not stupid letters.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  2. My practice is almost exclusively professional licensing and I have some doubts that any of what you are concerned about will surface to affect your admissibility to the California State Bar. But, here is what you do in all events: be flawlessly complete, thorough, and truthful in providing any and all info requested of you by the Bar in the application process. Go slowly and deliberately, step-by-step through the process, always parsing every sentence of every communication and never acting on the basis of assumptions or wishful thinking. If a serious impediment to admission presents itself, hire good counsel and trust the process.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  3. California's determination of moral character inquiry extends all the way back to your conduct in high school. I'd suggest that you take a careful look at the CA Bar application for questions regarding personal litigation you may have been involved with, and determine whether this incident is something that requires disclosure.

    It is not a good idea to try to hide anything from the bar administrators, and when in doubt, it is better to disclose on your own initiative. This shows that you understand the concepts of candor and honesty, which are important moral requirements for Bar applicants.

    Law Office of Elizabeth S. Conan, P.A. Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice. I am licensed to practice law only in Florida.