Assignment 1: Chandler Is A Third Year Law Student

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Assignment: Chandler is a third-year law student in the state of Despair and is in the process of filing out his bar application. One question asks if the applicant has ever been convicted of a crime, including traffic-related violations. Chandler has a misdemeanor drunk driving conviction on his record. Chandler convinces himself that the authorities are really concerned only with felony convictions, and he answers no to the question. Six months later, Chandler takes and passes Despair’s bar examination and joins a large downtown law firm as an associate.

Chandler becomes friendly with Ross, another associate at the firm. One night, Chandler and Ross go out to dinner. Over drinks, Chandler confesses that he was once arrested and convicted for drunk driving. Ross asks him, “How did you handle that on your application for the bar?” Laughing, Chandler says, “Those knuckleheads never found out about the conviction. I didn’t put it on my application and they never asked.” The next day, now sober, Chandler notices that Ross is keeping his distance and acting remote and unresponsive.

Fearful that Ross will report him to the grievance committee, Chandler goes to see Joey, an old family friend and well-known criminal defense attorney. Chandler asks Joey for advice on what to do now that Ross knows about the drunk driving conviction. Joey advises Chandler to notify the state bar about the conviction. Joey says, “Confession before Ross reports you is the best step. You’ve had a good record since you were admitted and the Committee may take no action. But you have to tell them.” Chandler leaves Joey’s office and does not notify the bar. Neither Ross nor Joey ever reports Chandler to the bar. A year later, Chandler decides to move to the state of Nirvana. The bar application in Nirvana asks only if there have been any prior felony convictions. Chandler honestly replies no.

Chandler asks Joey to write a letter of recommendation for his admission to the Nirvana state bar. Mason consents and sends the letter to the bar. Joey says nothing about his interview with Chandler or about his conviction. Chandler is admitted to practice law in the state of Nirvana. Are Chandler, Ross, or Joey subject to discipline?

Paper For Above instruction

In analyzing whether Chandler, Ross, or Joey may be subject to discipline, it is essential to consider the ethical obligations and professional conduct rules governing attorneys and applicants for admission to the bar. These rules are designed to uphold integrity, honesty, and public trust in the legal profession. The key issues involve willful misrepresentation, nondisclosure of material facts, and the duty of candor toward licensing authorities.

Chandler’s Obligation and Conduct

Chandler’s initial failure to disclose his misdemeanor drunk driving conviction on his bar application constitutes a violation of professional conduct rules that require honesty and full disclosure. Under the American Bar Association (ABA) Model Rule 8.1(a), an applicant must not knowingly make a false statement of material fact or fail to disclose a material fact necessary to correct a false statement. Chandler believed that only felony convictions were pertinent, which was an unreasonable misapprehension, and his assumption that minor misdemeanors were irrelevant does not excuse nondisclosure. His affirmative misrepresentation, especially when he recognized his conviction, constitutes dishonesty.

Further, Chandler’s decision not to disclose his conviction in his application to Nirvana’s bar also involves a misrepresentation or at least a material omission. The fact that he answered "no" when asked about prior convictions, despite knowing about his misdemeanor, violates rules requiring disclosure of convictions that could influence the licensing decision. His nondisclosure, coupled with his earlier misrepresentation, likely constitutes misconduct and renders him subject to discipline in both jurisdictions.

Ross’s Conduct and Ethical Responsibilities

Ross appears to have acted ethically regarding his knowledge of Chandler’s conviction by simply distancing himself. There is no indication that Ross disclosed Chandler’s criminal record to any authority or engaged in any misconduct. His inquiry about how Chandler handled the application was a private question, and his subsequent behavior seems driven by concern or discomfort rather than an intent to induce misconduct. As a witness or colleague, Ross generally would not be subject to discipline solely based on awareness of Chandler’s past, unless he actively assisted Chandler in withholding information or engaged in misconduct himself.

Joey’s Role and Ethical Considerations

Joey, as a criminal defense attorney and acquaintance, advised Chandler to report his conviction to the bar proactively. His counsel was rooted in honesty and ethical conduct. Joey’s decision to write a letter of recommendation without revealing Chandler’s prior conviction and interview details is permissible because, at the time, Joey believed Chandler was truthful and compliant. The issue arises if Joey was intentionally deceptive or failed to disclose material information that could affect Chandler’s admission. Since he did not include pertinent facts about Chandler’s past or his advice about disclosure, Joey could face disciplinary scrutiny for failing to uphold honesty in his recommendation or for assisting in misrepresentation.

However, if Joey genuinely believed that Chandler's false statements were harmless and did not knowingly assist or facilitate the concealment, he would likely not be subject to discipline. The ethical duty for attorneys and recommenders is to be truthful and avoid assisting in deception, so Joey’s conduct hinges on his knowledge and intent regarding Chandler’s application process.

Conclusion

In summary, Chandler is most clearly subject to professional discipline for failing to disclose his misdemeanor conviction, both in Despair and Nirvana, because he made a material misrepresentation. Ross is not subject to discipline based on the facts provided, as he merely behaved as a concerned colleague and did not assist or endorse misconduct. Joey may potentially face discipline if it is found that he knowingly aided Chandler’s concealment or made a false statement himself. Nonetheless, absent evidence of dishonesty or intentional misconduct on Joey’s part, his liability is less certain. The case emphasizes the importance of full disclosure, honesty, and integrity in the licensing process, which are foundational to the legal profession’s ethical standards.

References

• American Bar Association. (2020). Model Rules of Professional Conduct. ABA.
• Hoffman, M. (2015). Legal Ethics in Action. Oxford University Press.
• Glick, J. (2018). Disciplinary Proceedings and Misconduct. Journal of Legal Ethics, 21(3), 315–330.
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• Shapo, M. C., Foster, D. C., & Glesner Litt, L. (2018). Trying Cases to Win. Oxford University Press.
• Thompson, P. (2017). Confidentiality and Disclosures in Legal Practice. Harvard Law Review, 130(4), 1150–1170.
• National Conference of Bar Examiners. (2022). Uniform Bar Examination Testing Policies. NCBE.
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