Lawyers, law schools and law students are fighting to remove a question of people who are trying to be admitted as lawyers, after they successfully pass the bar exam.
Becoming a lawyer is a complicated process in New York. First you need a college degree and then a law degree. Then, it's the dreaded bar exam.
Once that is passed, the next stage is the intrusive and detailed process of seeking admission. That's where Question 34 comes into play, one of many questions asked of prospective lawyers and they must answer.
Melinda Saran, vice-dean for social justice initiatives at the University at Buffalo Law School, is an opponent of the question and part of a State Bar Association working group.
"Do you currently have any condition or impairment including, but not limited to a mental, emotional, psychiatric, nervous or behavioral disorder or condition, or an alcohol, drug or other substance abuse condition or impairment or gambling addiction, which in any way impairs or limits your ability to practice law?," she read.
Opponents say that is a potential violation of privacy laws and rules. Saran said it is not clear how many admit to a problem and what the court system does if someone says there is a problem.
Faced with a question like that, does everyone answer truthfully? The law school official said there are occasions when a newly-minted lawyer is caught lying on one of the many questions and is quickly disbarred, but that is rare.
"From very few to no one," Saran said. "So either people are not reporting, or they're not using the information, or they don't know what to do with the information. So why would you have a question that's sort of suspect legally and then you're not getting the information you want?"
Saran said she tells law students they must answer accurately and completely the questions on the application. That can even include problems when young, like speeding at the wheel.
"You've got to be completely honest. We've had students that have gotten DWIs and say, 'Well, it was dismissed.' I don't care. You've still got to report it," Saran said. "And some of them didn't get admitted right away. They had to go to the committee and the committee wanted them to go to the lawyer's assistance program to make sure that they were not alcoholics or didn't have a problem with alcohol before they were allowed to be admitted."
