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  September 3, 2010  
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There is no need to risk your license, livelihood, reputation or family.

Whatever the problem, you do not have to manage it alone.

1-800-24NJLAP

1-800-246-5527

There is no need to risk your license, livelihood, reputation or family.

Whatever the problem, you do not have to manage it alone.

1-800-24NJLAP

1-800-246-5527


For Law StudentsFAQs - Bar Candidates    
FAQs for NJ State Bar Candidates

 

1. I got a letter from the NJ Committee on Character (COC) telling me that I have to make an appointment immediately!


NJLAP can schedule you for an appointment with one of our counselors as soon as we have received all the appropriate paperwork. You are encouraged to call and speak with Noreen, our program administrator, who will begin your file and let you know the status of your paperwork.


a.) What paperwork is needed before I can be scheduled for an appointment? With your letter from the COC, you will have an authorization and release form to execute and return to them. Once you have done so, the COC has permission to send us a copy of your Certified Statement of Character and all pertinent paperwork. Once received and reviewed, you will be contacted to either set up an appointment or advised of information that we need.


b.) Besides a copy of the Certified Statement, what paperwork might be needed? Candidates are reminded to supplement the Certified Statement with narratives, amended narratives, police reports, disposition records and/or documentation of treatment. If you have already sent these items to the COC, you do not have to send these to NJLAP as they are already in your file. The COC will send us copies of all paperwork in your file. However, if these documents were missing from your COC file, you should immediately provide these documents to the COC and to NJLAP. (Please refer to Page 9 — the area following Section VIII, Part G — of your Certified Statement of Candidate for a list of the documents you are required to provide to the COC). These documents help NJLAP complete a proper evaluation. Sending NJLAP and the COC copies of these documents will avoid delays in case processing.


2. I already had an evaluation done in another state; do I still need to have one done by NJLAP?


Yes. In addition, NJLAP will need documentation and copies of all other evaluations.


3. The incident that has raised concern with the COC was over 2, 5, 10 years ago, why is this important?


Any incident that occurred during Law School is considered more serious, due to its recent occurrence. In addition, past incidents may indicate a possible pattern of concern.


4. Where are you located and what are your hours?

NJLAP is available to see candidates at our offices at the New Jersey Law Center, One Constitution Square, New Brunswick, NJ 08901 during the hours of 9am and 5pm, Monday through Friday. Our telephone number is 800-24-NJLAP or 732-937-7549.


5. I have a job; can I get an evening appointment? A weekend appointment?


See above for available times.


6. How long will my appointment take?


This varies according to your particular situation. On average, interviews often last 1½ hours.


7. I am in recovery; do I still need to come in for an evaluation?


Yes. Be prepared to discuss and document, your efforts at recovery including the following:

a.) Clean/Abstinent date(s)

b.) Formal Treatment (Inpatient, Outpatient, Group/Individual Therapy

c.) Informal Treatment (State Drinking Driving Programs, AA, NA or other support groups). Documentation may be required as to your participation and or completion of any of these efforts. In order to complete our review as part of your certification process, it would be wise to begin requesting and gathering this information as soon as possible.


8. I live in Brooklyn, Pennsylvania, California, do I have to come in for an evaluation? Can it be done over the phone? Can I get an evaluation by someone else?


Arrangements to have your evaluation done by an entity other than NJLAP, must be approved by NJ COC. It is important to note that NJLAP evaluations and services are free of charge. If you are approved to have your evaluation and services provided elsewhere, you will be responsible for all related costs.


9. After meeting with NJLAP, how long until I can get sworn in?


NJLAP cannot make any promises or estimates about when or if you will be admitted. NJLAP has no authority over bar admissions. All decisions regarding your certification are made by your reviewing attorney and the COC.


10. How long will it take for my NJLAP report to get to the COC?


The time frame is dependent on your completion of the required information for your Certified Statement and other factors that vary on a case-by-case basis.


11. Will it help to have someone call on my behalf?


Having a judge, your boss, your mom or anyone else call NJLAP will not speed up the process. NJLAP is unable to disclose client involvement with our program, without a signed authorization and release on file.


12. What happens once the COC receives my final NJLAP report?


The COC staff attorney and your reviewing attorney are in charge of handling your case. For further information about your case, at this point, you should contact the COC.


13. What is NJLAP’s role and responsibility in this process?


NJLAP is responsible for doing a thorough evaluation and reporting its conclusions and recommendations to the COC. Reports are based on the evaluation, all certified statement paperwork, your participation with the program and case conference of NJLAP counselors.


For many candidates, submission of the final report concludes NJLAP’s role. However, final reports may be amended at any time based on the candidate’s continued nvolvement with the program (i.e. non-compliance, general progress or extraordinary measures that have been taken by the candidate).


14. Does an evaluation by NJLAP mean I will be certified?


Not necessarily, but it will help the process along and may answer the reviewing attorney’s concerns about your admission.


15. How often do you run the Education and Prevention class?


Classes are offered at least twice a year, in January and in October. Additional classes may be offered at other times, depending on the number of candidates.


a) Is attendance mandatory? NJLAP cannot require you to attend this class. However, the COC supports candidate attendance as one factor in your admission process.


b) What does it cover? The Education and Prevention class covers a variety of topics that address substance abuse and addiction, stress and resilience, as well as relevant court decisions governing admittance to the bar.


c) Why is it important for me to attend? Attendance is a significant sign of commitment demonstrating positive actions in addressing past or present issues, as well as gaining information about yourself as you embark upon the stressful practice of law.


16. Are the COC & NJLAP the same?


No. NJLAP is a distinct and separate entity from the COC. NJLAP fulfills an evaluation function for the COC. Because we are separate and distinct entities, please make sure that anything that you provide to NJLAP is also provided to the COC office in Trenton. The COC maintains the files and will make sure that your reviewing attorney receives a copy.


17. What is the importance of Candor and Disclosure with the COC and NJLAP?


See In re Hyra, 15 N.J. 252 (1954):

“A full disclosure of one’s personal life and his affairs should be made by every prospective candidate and it can be generally stated that there is no place in the law for a man who cannot or will not, tell the truth even when his own interest are involved. In the legal profession particularly there must be reverence for the truth.”


See In Matter of the Application of Frank B. McLaughlin, 144 N.J. 133 (1996):

The Court emphasized truthfulness and honesty as requisite traits for admission to the bar. The Court noted that a candidate who conceals issues or misleads the Committee on Character subverts the process of character review and the Court’s responsibility to protect the public and preserve the justice system.


The COC has advised the NJLAP that present lack of candor when disclosing or discussing a matter that has taken place in your past is a separate and distinct act of misconduct. In fact, the COC may view present lack of candor more seriously than the original matter itself since it would constitute recent misconduct. Lack of candor may be grounds for the COC to recommend that your certification for admission to the bar be withheld. Additionally, if the lack of candor is discovered after you have already been certified for admission to the bar, the COC can refer the matter to the Office of Attorney Ethics for further action.


As an additional reminder, you have an ongoing duty to report any updates or changes to your Certified Statement to the COC until your date of admission.


For answers to questions about 303 hearings, such as:

What is a 303 hearing?*

What is the possibility that I will have a hearing?*

When will I know if I will be having a hearing?*

What will the 303 hearing be like?*

a. Should I / do I have to bring an attorney to the hearing?

b. How long will it take?

c. How long after the hearing will I be certified?


*Please visit the NJ Board of Bar Examiners website for Committee on Character Regulations or call 609-984-2111.

 

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