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Can I file breach of contract ( K) for accommodations during California Bar Exam-ADA?

Walnut Creek, CA |

I took the Feb 2011 California State Bar. I have a disability in my hands. I was granted accommodations of additional time to take the exam in a hotel room. My proctor was unreasonable sick and had unreasonable coughing attacks that distracted me. I complained 1/2 through the exam (Wednesday afternoon). The CSB switched my proctor. I failed the exam by 10 points 1430/1440. I petitioned to the committee bar examiners. My petition was denied. I filed a petition pro per in the California Supreme Court. My petition was denied due to it being untimely. I would like to file a claim in Federal Court for breach of K under the ADA guidelines.

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Attorney answers 2


Its funny to see a prospective attorney ask the question in a way that you have. While you might be able to pursue an ADA action, it wouldn't be a breach of contract action in federal court. Anyway, it sounds like the State Bar did provide you with an accommodation. Still, you could consult with an attorney experienced in ADA and matters such as this and see if he or she thinks you have any recourse, although I don't think you do...

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Thanks David. The statutory time to bring an ADA action has expired. So my only recourse, if applicable, is to file a breach of contract.

David Herman Hirsch

David Herman Hirsch


Not sure if a breach of contract action would really be viable in federal court. I didn't try to check on the statute of limitations when responding.... Sounds like your options may be limited... Good luck...


My first response to your question is why would you want to go to all the trouble, expense and angst to sue the Bar rather than simply take the test in six months and pass it? However, I see this happened two years ago, so I must conclude that you either stopped trying, passed it, or took it several times and failed. If you stopped trying you failed to mitigate. If you passed it, your damages are limited. If you failed it several times, it suggests you have no damages.

Furthermore, you state no basis for alleging a contract. The ADA creates a statutory basis for a claim, not a contractual one. Unless you had a contract that you entered into separate and apart from the Bar's statutory duties under the ADA, I see no viable contract claim.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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