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February 14, 2004

Bankruptcy and Bar Admission – Part 3

Filed under: pre-06-2006 — David Giacalone @ 2:00 pm

They’re ganging up on me over at Scheherazade’s place.  I could use some allies. 


boxer gray . . . . . . boxer gray flip


Here’s my most recent Comment there:



Does anybody read or listen to what some one else is saying before unloading their black-or-white, preconceived, or ultra-glib response? Are we really a society where almost no one can make a nuanced judgment – not even those trained to “think like a lawyer”?


I do not think there would be a lot of instances where going bankrupt would preclude a lawyer from being admitted to the bar, due to misuse or abuse of the bankruptcy privilege.


I do not think many (or virtually any) of the small group whose situation would warrant a closer look are part of the demographic group of double-income families with large mortgages and huge child-care expenses.


I do think that lawyers have special duties and obligations that warrant some ethics screening prior to admission.



The fact that there are some very good reasons to go bankrupt and that many very good (and often very unlucky) people do use bankruptcy to get a new start, in no way justifies looking the other way when an applicant for a position that includes enormous trust and responsibility, and bestows many privileges, appears to have abused the system.  [e.g., intentionally living a very high-life while in college and law school with the intention of going bankrupt before heading out into the real world]


Help.  Sometimes, silence is not golden (it’s yellow).

2 Comments

  1. They really are going for you, what is the CC image on your site for?

    Comment by Colin — November 8, 2007 @ 5:11 am

  2. Hi, Colin. It’s been three and a half years since this little squabble happened, and it looks like I survived.

    If you go here http://creativecommons.org/licenses/by-nc-nd/3.0/ you’ll find out more information about the Creative Commons use license.

    Comment by David Giacalone — November 8, 2007 @ 7:34 am

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