Saturday, April 02, 2011

The Bar Where Everybody Knows Your Name (and your credit history, your driving record, your relatives . . .)

I just finished the bar application process for NY and NJ. New York was a straightforward, simple online application complete with credit card submission functionality. New Jersey's bar application, to the surprise of no one, is an inefficient, meaningless exercise in paperwork. Still, it's not going to change any time soon, so I thought I'd walk through the finer points of the process for anyone considering it for the future. (Special shout-out to KMS for giving me a heads up about the NJ DMV!).

There are 4 parts to the NJ bar application. The Application itself, the "Authorization and Release," the Certified Statement, and the Fee.

The application is one page, which asks for your basic name, rank, and serial number information. It has to be notarized. This seems stupid to me, because why anyone would fill out an application for another person is beyond me.  The most bizarre part - the application requires your LSAC number.  Remember that?  Of course you don't - no one does. You haven't logged onto LSAC since you applied to law school. No clue why they request this. If anyone has an idea, please enlighten.

The Authorization and Release forms. No information really needed here - you just need to fill out your name and place of birth.  Same form, but you have to submit two originals, both notarized. Seriously? Yes. And I can only guess its because NJ assumes right out of the gate that they're going to lose one.  Again, any clues faithful reader? I'm all ears.

Ahhh, here's where it gets fun. The Certified Statement.  The 19-page Certified Statement. It's basically a 19 page form that you can fill out by hand (or, if you're a crazy-person, you can download the PDF and make it into a fillable form*).  It starts off benignly enough - more name, rank, and serial number stuff. But it can get interesting.  It asks for all of the addresses where you have lived for the past ten years. Now, I have only had two addresses in the past ten years, so I didn't mind so much, but for all of you "rolling stones" out there - better start collecting!  It then moves into asking for the list of schools you attended - should not be too much of a problem for most people (unless, like me, you attended 4 different colleges. Chronology can be a real pain!).

Next up is the Employment section. This can be a complete nightmare for people who have done a lot of part-time work, or can't remember the exact names of their supervisors and the months and years of employment.  This list is supposed to go back 10 years.  Most employers hold personnel records for 7. Best of luck. Even if you do remember where you worked, chances are that HR won't be willing and/or able to help you track down your employment. Luckily, you can claim "Unable to Recall" after making a "reasonable effort" to do so. Whatever that means. TIP: Start making your lists now, and keep your resume up to date.

The statement then gets into military service, asks about professional licenses, and any official positions or public offices held. Nothing too controversial there for most people.

The next section is fun - Legal Proceedings. If you have ever been a named party in any civil proceeding including "negligence actions, unintentional torts, landlord/tenant, contract disputes," or all manner of domestic relations matters, they require that you check "Yes" and then list the nature of the proceedings, with FULL details, on a separate attachment. They also want a copy of the complaint, answer, and other related documents. Now, I can understand the bar examiners wanting to know about your past criminal history, but I found this civil history to be excessive and intrusive. Maybe it's me, but I think the things they asked for are none of their damn business. If they let me in, I may take them to court on this one ;). TIP: Start requesting any such documents from the courts now, because this could take a while to come in. Also, this doesn't apply to child support actions if YOU were the child in question.

The next section asks about your indebtedness (why they can't just run a credit check, I don't know). If you have been 90 days or more late on any payment in the prior 12 months, you have to list it here. TIP:  make all of your payments on time in the year running up to the bar application!  Then - and this part slayed me and everyone else that I know who filled out this tree-killing application - they asked for all of the student loans that you currently have, who services them, and the amount owed. (Really, have these people never heard of credit checks??). This part took me SIX HOURS!!!  Like many law students, I went to college. College usually means loans. Loans these days are bought and sold like pork bellies - who the hell knows who currently holds them? Trying to navigate the Sallie Mae and Dept of Ed websites (heaven forbid you forget your password on one of their sites), was like trying to . . . I can't even think of an apt analogy, that's how awful it was. Special mention goes to Citibank for their practice of making you renew your password, but not allowing it to be any of seven prior passwords you have used. By this point, I was ready to apply to cooking school. TIP:  Start figuring out your loan information now, and consolidate wherever you can.

DMV abstracts from each state.  The BEST part about this is the way NJ handles these requests. I swear I am not making the following up. You go online.  Good.  Your find the section for driver abstracts. Good.  You fill out a form.  Good.  Wait - the form isn't for your abstract? No, silly - the form is to request that the DMV mail you a PIN number, so that you can later go online and request your abstract.  I could not not make this up if I tried. (Again, NY is straightforward. Go online, download the form you need, send it in, and they will mail you your abstract. Catch up New Jersey!). TIP:  They will mail the PIN to the address that they have on file for you - make sure their records are up to date.  DOUBLE TIP:  Get on these quickly, because it's a byzantine process.

True Story: I was pretty lucky. I got my PIN number in the mail rather quickly, and then got my abstract in the mail not too long after I requested it. Here's the thing:  I'm from New York. I know this - you know this - anyone who listens to me speak for 13 seconds knows this. It's all over my Authorization, and my Certification. I was the one who, one day many moons ago, went to the DMV in Rahway, NJ for my NJ driver's license. I handed in my NY license in order to get one from NJ. I physically handed it to them. What does it say on my NJ abstract? "Out of State Driver History: None."  Okay, NJ.  Be more incompetent. This is gonna look great in my application packet, right next to my NY abstract. I'm expecting a call from the bar examiners any day now. Moving on.
Next up: Health information. Mental health and addictions basically get filled in here.  TIP:  Don't have any. But, if you do, come clean (no pun intended) about it here.  Case after case has been brought up on practicing attorneys who lied about this on their applications. There is almost always a public censure - sometimes disbarment. Be honest about it now so that you get your license to practice law. Don't lie about it now, and lose your license later.

It then asks for some other basic information such as bar admission in other jurisdictions, etc.  It also asks for references. I never understood references, and why people ask for them. They'll always be good - why else would you list someone as a reference?  The trick here is that your references cannot be close relatives, law school classmates, fiancees, or more than one member of the same law firm.  TIP:  Know more people.

It ends with a "Miscellaneous" section, whereby it asks if there is any other issue that was not specifically addressed in the application process that could be considered a character issue? Classic. I'm sure they get tons of responses on this one.  TIP: Check "no."

Once you send this in with your $475 money order or cashier's check (dontcha love how ethical they think we are - they don't even trust us to write a check that will clear), they will process it and send an acknowledgment packet, with fingerprinting information and other goodies. I can hardly wait.
I'll be sure to post about it when it gets here. I bet it requires everything in triplicate on high quality carbon paper, sealed in wax with your family's signet ring.

I should mention that while NY was a simple online form, they will get into all of these issues. They just don't ask for them right up front.

*Another shout-out there to KMS.

2 comments:

Unknown said...

Ahhhhh student loans. . .I only had to spend an hour and a half on the phone with Sallie Mae. The first time. Know how I spent it? Explaining to them the difference between a loan creditor and a loan servicer. All that just to figure out how much I truly owe in student loans. Harsh reality check.

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