Felons and attorneys

July 9, 2010
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The newest crop of law school graduates are about to take the July bar exam, except for the ones who are convicted felons.

You can’t be a felon and a lawyer in Indiana but if you are already an attorney and commit a felony, you could keep your license.

It doesn’t make sense to me.

Based on Admission and Discipline Rule 12, anyone convicted of a felony “prima facie” shall be deemed lacking good moral character. As you know, you must have good moral character to join the bar. Possibly there have been exceptions to this, but I imagine it’s a high standard to overcome to prove to the character and fitness committee that your felony record won’t affect your ability to be a lawyer.

What if you committed the felony when you were 18 and you are now 30? You’ve paid your time and in the grand scheme of felonies, it was minor and won’t affect your ability to practice law. I guess you’ll have to prove it.

Something must happen once you become a lawyer because if you don’t have a felony in your past, but commit one while an attorney, you could still remain an attorney. Chances are you’ll be suspended, or disbarred if it’s bad enough, but attorneys who commit felonies can retain their admission to the bar.

Why do the standards for good moral character change? If having a felony deems you “prima facie” lacking in good moral character, shouldn’t being convicted of one while an attorney “prima facie” mean automatic disbarment, and shouldn’t the burden of proof be on the felonious lawyer to prove he/she should get to keep his/her law license? The fact that it’s not this way smells like a double standard to me.

But attorney discipline is fluid and it’s hard to concretely say that “if you do X you’ll receive Y as a punishment.” A lot depends on agreements between the lawyer and the Disciplinary Commission. Sometimes attorneys who appear to have committed more serious offenses are given the same or lesser punishment than one who appears to have committed a less serious offense. But that’s the nature of our disciplinary process. What do you think?

  • It is a rigged system
    For proof see how they processed this 12 year attorney from Kansas, admitted to the SCOTUS, cleared by the National Board of Law Examiners, no felonies, one misdemeanor 20 years ago, reference from federal judge William C. Lee .... but politically incorrect due to my religious faith and thus denied "good moral character" or fitness or for some reason. Rotten in Denmark.

    www.archangelinstitute.org (see Orwell post)

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.