Tuesday, December 30, 2008

Failure To Timely Disclose DUI Prevents Admission

The Maryland Court of Appeals denied bar admission to an applicant who failed to promptly update his application with information concerning an arrest for DUI and related offenses that had occurred after he had filed his initial application but prior to being sworn in. He was sentenced to a nine day term of imprisonment. Shortly after his release, the applicant met with a member the character committee and did not mention the incident. After he was notified that he had passed the bar, he submitted documents that reflected the conviction.

The court found that he had failed to make timely disclosure of the arrest and conviction and that his "purported intent to ultimately reveal" the information was irrelevant.

It is highly unlikely that the conviction would have prevented (although it may well have delayed) admission. The lesson is one that we have regularly emphasized on this blog: when in doubt (or not), disclose, disclose, disclose. The additional lesson here is not to wait. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/12/failure-to-disc.html

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Comments

A reader emailed me to say that the actual term of jailtime was four days, so thanks for that correction.
--Alan

Posted by: Legal Profession Prof | Dec 31, 2008 8:48:26 AM

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