Hi, I have a conviction of assault occasioning actual bodily harm from several years ago (sounds worse than it was). I've gotten into a couple of graduate law courses that I've deferred. I'm just wondering if I'll have trouble being admitted to practise law in NSW after completing a law degree because of this criminal record. What do you guys think? Where would be the best place to ask for a more official answer?
Practising law with criminal record (1 Viewer)
- Thread starter bundyrd
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Marmalade.
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circusmind
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Probably a good idea to consult the LPAB. From what I remember from Legal Ethics, it's possible to be admitted with a criminal record, depending on a whole lot of factors like the severity of the offence, how long ago it was, behaviour since etc. etc. Check out the Legal Profession Act 2004.
The overarching consideration is whether you are a fit and proper person to practise as a solicitor, taking into account certain suitability matters.
If the offence does not involve any element of dishonesty, is entirely disconnected from the practise of law and would not lower your reputation in the eyes of the public, it might be OK. There are a number of cases out there on the admission of applications with convictions.
You can also provide a full and frank statement of your circumstances to the Admission Board now and ask for a pre-emptive declaration as to whether you are fit and proper or not. If you get that then you just have to make sure you're a good boy from that point onwards.
As the others have said, the LPAB can provide more information.
If the offence does not involve any element of dishonesty, is entirely disconnected from the practise of law and would not lower your reputation in the eyes of the public, it might be OK. There are a number of cases out there on the admission of applications with convictions.
You can also provide a full and frank statement of your circumstances to the Admission Board now and ask for a pre-emptive declaration as to whether you are fit and proper or not. If you get that then you just have to make sure you're a good boy from that point onwards.
As the others have said, the LPAB can provide more information.
antisheep
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We actually just learnt about this in legal ethics a few weeks ago... we had someone from the Law Society come in to talk to us...
the main factor according to our lecturer is going to be candour... so if you are willing to admit what you did was wrong and demonstrate an attempt to change since then, then you can practice. They said a big factor in things like this is community service etc and you probably will have to demonstrate this to a judge of the supreme court...
also according to them... you can apply before you finish your studies (assuming you're in nsw... unsure about other states) and they can tell you now whether or not you will be denied on the basis of that incident... I'm not sure if that decision is binding or just a guide though... that way you don't waste time/money studying for something you can't do. (Turns out the person above me provided a link and everything... just noticed)
the main factor according to our lecturer is going to be candour... so if you are willing to admit what you did was wrong and demonstrate an attempt to change since then, then you can practice. They said a big factor in things like this is community service etc and you probably will have to demonstrate this to a judge of the supreme court...
also according to them... you can apply before you finish your studies (assuming you're in nsw... unsure about other states) and they can tell you now whether or not you will be denied on the basis of that incident... I'm not sure if that decision is binding or just a guide though... that way you don't waste time/money studying for something you can't do. (Turns out the person above me provided a link and everything... just noticed)
jisu
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ninjapuppet
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Re: Practising law with criminal record
<hr style="color: rgb(209, 209, 225); background-color: rgb(209, 209, 225);" size="1"> I would say yes:
Man who shot at Prince Charles becomes barrister - National - www.theage.com.au
Jisu, that is hilarious! haha... .
i have a friend who defrauded the insurance company by $8000 and was fined in nsw. he studied law and became a solicitor in qld, but he said there was abit of paperwork to fill in, stat declarations, some bullshit here and there, but i think that dents honesty more than assualt.
BUNDYRD: have you found out the lpab's reply yet?
<hr style="color: rgb(209, 209, 225); background-color: rgb(209, 209, 225);" size="1"> I would say yes:
Man who shot at Prince Charles becomes barrister - National - www.theage.com.au
Jisu, that is hilarious! haha... .
i have a friend who defrauded the insurance company by $8000 and was fined in nsw. he studied law and became a solicitor in qld, but he said there was abit of paperwork to fill in, stat declarations, some bullshit here and there, but i think that dents honesty more than assualt.
BUNDYRD: have you found out the lpab's reply yet?