Domestic Violence

A. When evaluating character and fitness, bar examiners take domestic violence allegations very seriously and conduct thorough investigations. Even accusations of dubious merit may hurt your chances of admission if you do not handle them with utmost care.

The presumption of innocence in criminal cases doesn't apply to the bar admissions process. Nor will the privilege against self-incrimination. To be sure, you could assert your Fifth Amendment right and decline to respond to questions pertaining to these allegations. But, in most jurisdictions, that won't stop the licensing board from drawing adverse inferences and rejecting your application.

The risk of adverse inferences is even greater in the #MeToo era. However frivolous the allegations may be, many will presume otherwise and take a cynical view of self-serving efforts to deny them. That's why it is critical that you retain experienced bar admissions counsel to review the particulars, to determine whether you ought disclose them, and to assist you in addressing these allegations.

Withholding relevant information, especially if asked on the application, may have more serious consequences than disclosing the accusation itself. Providing incomplete or misleading information may raise concerns about your character and honesty, cast doubt on your denials, and further jeopardize your admissions efforts.

If you fail to disclose these allegations up front, you'll have a harder time explaining yourself and your alleged concealment if they surface later on. Do you want to live with this concern for the remainder of your professional life?

Look at it this way: The same person who was willing to lie about you in a case involving your children may not hesitate to do so to again. By failing to provide complete and candid disclosures on your bar application, you would unwittingly give this person the power to destroy your career later on. Even if you gain admission, the loss of your license may be a phone call away for an ex-spouse seeking leverage against you in the future.

Disclosing an accusation of domestic violence, even if false, can be challenging. But you must prioritize honesty and transparency when applying for admission to the bar. If you do it right, the application you submit will let you leave the past behind without any lingering fears over future revelations.

With your lawyer's assistance, your disclosure will show the seriousness with which you take such allegations, as well as your candor in raising unreported claims to ensure a complete application:

➤ Stick to the Relevant Facts — Focus on providing a concise and accurate summary of the accusation and its resolution. Include key details such as the date of the accusation, parties involved, any legal proceedings that took place, and the outcome of those proceedings. Be objective and avoid unnecessary emotional or inflammatory language;

➤ Present Corroborating Facts — There may  be little documentation on unreported accusations. But if there is evidence that supports your innocence, include it. At a minimum, you and your counsel should consider any evidence showing you to be a fit and devoted parent to children who showed no signs of abuse. Depending on the tenor of your current relationship with your ex, he may even be willing to support your bar admission in times of peace and with the recognition that your increased earning capacity will also benefit your children. Seeking such support may be a tall order, and even unwise in many circumstances. But you and your counsel have more options to address these issues now than you'll have later on;

➤ Emphasize the Resolution — Because many instances of domestic violence go unreported, you and your counsel must be careful when addressing your ex's failure to report you to authorities. But it may still be prudent to note that police were never summoned to respond to any disturbance, that your children's schools never raised concerns, and that there are no independent witnesses to any act of abuse;

➤ Maintain a Professional Tone — When discussing the false accusation, maintain a professional and respectful tone. Avoid engaging in personal attacks or making derogatory comments about the accuser, as that may unwittingly demonstrate the very traits which you deny. Stated succinctly, if you defame your accuser, you'll look like an abuser.

Remember, the goal of disclosing the false accusation is to provide an honest and accurate account of the situation while highlighting your integrity and commitment to the legal profession. By focusing on the facts and framing the issue in a professional and appropriate manner, you and your counsel may help to diffuse the situation and remove this obstacle to bar admission.