Law Schools

The Bar Character And Fitness Process Is Flawed When It Comes To Student Loans

Borrowing student debt just means that someone had to do what millions of people are required to do in order to earn a law degree.

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Recent law school graduates are currently in the one of the most brutal and agonizing times of their lives.  Most individuals who recently graduated from law school are likely now studying diligently for the bar exam, but even if they pass the test, they still must surmount additional hurdles before they can begin practicing law.

Although many of us probably knew about the bar exam when we first decided to attend law school, few of us were likely aware of the character and fitness process before we chose to become lawyers.  During the character and fitness process, bar examiners assess bar candidates on a number of factors, including financial responsibility and moral character.  Although many people might be aware that a criminal history can pose problems when trying to pass character and fitness, many might not know that financial issues, and problems with student loans, can also play a role.

Of course, all states have different standards when it comes to judging one’s character and fitness to practice law, but many jurisdictions ask questions about student debt.  Some states require bar candidates to list all of their student loans and provide information about the amount and status of each student loan.  In fact, most states ask specific questions about student loans, and separately inquire whether individuals have ever defaulted on their student loans or had their student debt sent to a collection agency.

I have already discussed on this website how I think it is unfair and potentially ageist to give student loans a special status in the legal profession.  This was in reference to policymakers allowing state licensing authorities to suspend law licenses in the event of a student loan default.  However, it is equally unjust to put a special emphasis on student loans when asking questions of bar candidates during the character and fitness process.  Bar applications already include questions about the general financial responsibility of bar candidates, and inquire about difficulties with debt more broadly.  It is therefore unclear why bar examiners must separately ask about student loans, since any questions about student debt would presumably be covered by other questions about the financial status of applicants.

Asking questions about student loans during the character and fitness process unfairly targets younger applicants.  Individuals who recently graduated from law school (and are younger) are the ones most likely to have student loans.  These individuals are the ones who are most likely to have the greatest difficulty paying back student loans.  As a result, focusing on student loans during the bar admissions process unduly burdens younger bar candidates.  And these individuals have the least amount of power within the legal profession, since recent law school graduates are not part of the process of determining character and fitness standards.

Focusing on student loans also unduly burdens middle-class and lower-income individuals who are the most likely to have student debt.  If you come from a wealthy family, it is more likely that your parents paid for your law school expenses.  Wealthy law students more likely did not need to borrow student debt to finance their legal educations.  However, less well-off individuals most often do not have parents who could help them with law school expenses.

As a result, lower-income individuals are more likely to have student loans, and these folks are the ones most likely to have issues with student debt that might be a problem during the character and fitness process.  Of course, there are plenty of people with student loans that have no issues managing their student debt.  However, the fact is that any questions during the character and fitness process that focus on student debt will disproportionately impact lower-income individuals.

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I have absolutely no idea why student loans are given such a special emphasis during the character and fitness process.  I looked at the character and fitness questionnaires for several states, and I did not see any specific questions about mortgages, car loans, or other types of debt.  These types of debt were presumably covered by the general questions regarding whether a bar candidate ever defaulted on a loan or had a debt referred to collections.  And bar examiners should be focused on types of debt other than student loans.  For instance, racking up credit card debt is typically a sign of financial irresponsibility, since this shows that someone is living beyond their means, but borrowing student debt just means that someone had to do what millions of people are required to do in order to earn a law degree.

Bar examiners should reform how student debt factors into the character and fitness process.  There should be no emphasis on student loans, and bar candidates should not be required to list information about student debt that they are not required to list for other types of debt.  All of the information bar examiners need about student loans would presumably be covered by general questions about debt anyways.

All told, recent law school graduates have a hard enough time paying back student loans.  They shouldn’t have to worry about providing additional information related to student debt during the character and fitness process.

Jordan RothmanJordan Rothman is the founder of Student Debt Diaries, a personal finance website discussing how he paid off all $197,890.20 of his college and law school student loans over 46 months of his late 20s. You can reach him at Jordan@studentdebtdiaries.com.

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