character and fitness issues - advice; suggestions. . .

[Frederick]

Edited

[InterAlia1961]

I have a misdemeanor that resulted from a substance abuse issue. I was told as long as I disclose it and have taken steps to show I'm rehabilitated it won't be a huge problem. I hope I didn't get bad info.

[justanothersucker]

Two important rules to remember.

1) If asked don't lie

2) If they Don't ask, Don't tell.

[FalconJimmy]

Looking this over, from my decidedly non-expert, non-authoritative perspective, I don't see why this should preclude you from practicing law, but you may want to start contacting people at your state's bar to find out.

The fact that you're in treatment?  I don't see that as so bad, per se.  It doesn't appear to have spilled over into the rest of your life.

However, dude, seriously.  This is my tough-love virtual female dog-slap.  Whassup with the ganja, bro?  You got pinched for that just last month?  Get a grip.  I don't smoke pot, and I have nothing against it, but the fact that you can't live without it, even while it imperils your professional future tells me you have a problem.  Seriously, if you were in my house, I'd probably scream at you right now.  (Okay, not really, but you get the idea.  Actually, what I'd do is throw you out of my house and wash my hands of your stupid ass.  Seriously.  I wouldn't waste another minute on you.)

Straighten up, man.  Don't get so fixated on fixing your major addiction that you let a smaller illegal activity derail you.  Smoking pot is still illegal, whether we agree with the law or not.  If you keep breaking laws, it's going to be harder and harder to pursuade people that you should be given a license to practice law.

[Morten Lund]

Five minutes on the Google found me some admission FAQs from a couple of states.  The theme in the "drug treatment" discussions appears to be a focus on CURRENT character and fitness.  So long as you can convince the committee that you are CURRENTLY not abusing or addicted to drugs you should be in good shape, and participation in treatment programs was mentioned as evidence supporting your position that you are a changed man/woman.

That said,

Whassup with the ganja, bro?  You got pinched for that just last month?  Get a grip.  I don't smoke pot, and I have nothing against it, but the fact that you can't live without it, even while it imperils your professional future tells me you have a problem.

Recent/current drug use pretty much completely undermines your "I have changed, I swear" position.  Seriously, just stop.  No "slip-ups," no "I didn't inhale," no "just one more" - just stop.  Period, full stop.


(And I swear I'm not stalking you, FJ.  Seriously.)

[FalconJimmy]

Frederick, I think that short of actually contacting the State Bar association to get a direct answer, the best you're going to do is go with the general opinion that being in treatment should not, in and of itself, necessarily be something that prevents you from being admitted to the bar.

Generally speaking, societally, we tend to try and give great leeway and benefit of the doubt to people who are trying to recover from addiction.

The reasons, if I had to guess are:

1.  None of us is perfect.  Those of us who screw up, if the main or only victim is ourselves, generally are able to avail themselves of society's collective patience while we get our act together.

2.  If you punished people for pursuing treatment, people would not pursue treatment.  I think most people recognize that a person in your situation, recovering with the help of a methadone clinic, are far less a societal danger than, say, a flat-out heroin junkie.

3.  If it doesn't impact your ability to practice the law, sometimes you can get a little leeway, as well.  For instance, a bankruptcy due to mismanaging client funds in your law practice?  Probably would get you disbarred.  Bankruptcy because of the current real estate fiasco?  Might not.

So, stay in recovery, stop smoking weed and it appears that the consensus here is that you may be okay.  If you want something more definitive, you really need to contact the state.  The best you're going to get here are informed guesses, or in my case, barely-informed guesses. 

Really hoping you succeed.  Stick with it.

[FalconJimmy]

FWIW, I don't, personally, think being in recovery for an addiction to prescription painkillers speaks badly about a person.  Really.  Those things are addictive, everybody knows it, and taking them, that's just one of the risks you run.

I don't think you should feel embarassed at all.  If you lay off the weed, I think you should be proud of yourself and hold your head high.

Contact the state.  Like I said, my gut feeling is that this isn't necessarily something that'll harm you.

Best of luck to you.

[justanothersucker]

I just thought about this, but it strikes me as VERY important to note.

If you are still on drugs to fight withdrawls or dealing with ANY symptoms avoid lawschool untill you are ALL the way done with it.

If that means a decade, take a decade.

Lawschool creates NEW addictions in people clean of them and (much more so) brings out OLD addictions too. (stress)

Plus you need to focus, you can't do that while distracted(even if only 1% it will equal 100% failure)

Wait untill you are ready, and then you can get all A's and show the haters what for. I believe you will too. Trust me though, wait.

[justanothersucker]

I forgot that you were already in. If it gets too bad I think you can defer for a year while in rehab and it would perhaps even look good on character and fitness to show it.

If you have ok grades and are controlling the habit, it might be ok to keep going though.
Whatever you are doing, it appears to be legal and appears to work.

People can diss perscription drugs all they want but in reality what you are in is not much different that pills for adhd or depression.
It helps you control what would otherwise cripple you. That is the point. If it's legal and works, it would be stupid not to really.

[lisa_hyden]

Nothing that much to worry about
frederick. You've confessed each and everything you've gone through.