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Re: moral character. Credit card debt and Cal bar don't generally mix.
Anonymous2 views5 answers
My parents' development/construction business has had good times i.e.family vacations to europe, ridiculously expensive cars... They paid cash for half of my private undergraduate education and living expenses. When the market crashed, I got school loans. I figured that their 400 acre development project would be built. Instead, their partner allowed the project to go into foreclosure. In the midst of all this, I started law school and will begin my third year in the fall. Being the utter moron that I am, I managed to accrue $12K in credit card debt. I looked into enter a program. Either they tell you to default so they can negotiate your debt down or lower the rates. After transferring balances, my rate is equal to the negotiated rates. What do I have to do to get admitted to the bar?
Having 12k in credit card debt will not be a bar to getting admitted in any State. If having credit card debt were a hurdle to admission, I'd bet we'd have a lot fewer lawyers in the Country!!!
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I would be surprised if the Bar had a problem with 12k in credit card debt if that is your only issue. Even adding student loan debt to the mix, I would not expect this to be a moral issue for the Bar.
It might be that you would have an issue if you stopped paying and had someone file a collection action against you, but I honestly don't know.
My suggestion would be to make timely payments on what you owe, building a history to point to as proof of your good intentions. Programs that advocate stopping payments might be something for you consider at some point, but you are probably correct in your assessment that this is not the thing to do at this point in your career.
In case you need to provide materials to the Bar in the future on your finances, you could start drafting a concise, non-emotional statement that details your family history and current attempts to bring your debt issues under control.
Good luck!
This response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response is based on the limited facts provided. Given additional or different facts, the response would change. Attorney is licensed to practice law in the State of California. Responses are based solely on California law unless stated otherwise.
Certainly having 12k in debt is not a problem in getting admitted to the bar. I doubt that exercising your legal rights to file bankruptcy would either. You may want to call the bar and ask them if they see that as a hurdle.
I know of many attorneys who either did not file taxes, owe back taxes, or filed for bankruptcy. None of those things are usually an issue with their license. However, I also know the IRS had a program where they notified the bar of attorneys who failed to file tax returns. I don't know of any such program for failing to pay taxes.
As you are already learning, the law is not black and white so researching options and risks is the right approach. You are on your way to gaining experience so you can advise clients of the few black and white areas of the law and the numerous grey ones. Good luck and don't hesitate to meet with an attorney on the phone or face to face for a free consultation.
Your credit issue might not be a bar to admission, the key is honesty and dealing with your current situation. You are not the only potential lawyer out there with financial issues, just set up a plan to deal with it and be honest with the bar, there is no tolerance for dishonesty.
For more information, visit www.freebankruptcyinformation.info or checkout my legal guides regarding this topic posted on my profile.
Legal Information is Not Legal Advice
My answer provides information about the law based on the limited information provided in the questions asked and is not intended to be legal advice. The law differs in each jurisdiction and may be interpreted or applied differently depending on the location or situation. I highly recommend that you consult with an attorney to discuss the specific details of your situation so you can get legal advice tailored to your specific circumstances. The information in my answer is for educational and information purposes only, and is not legal advice or legal opinions. The answer provided to the question asked does not constitute a lawyer-client relationship
Everyone is right that debt isn't an automatic bar to getting admitted to the bar. I'm not admitted to California, but I know of a few people who applied to the Illinois bar who had issues because of their debt load, but I think what happens is if they are concerned about your debt load, while you are applying to get admitted, they will inform you of this having any impact on your ability to get admitted. Your student loans shouldn't be an issue, as most new lawyers have substantial student loans (or lots do if not most), and $12k in credit card debt isn't even that high. I would think if you are acting responsibly with your debt you should be fine. If you are experiencing issues with the application process, I think it would be a good idea to find a local attorney that specializes in helping attorneys deal with character & fitness issues with the bar (among other related things). I can't imagine your situation is unique.