Practising law with criminal record

bundyrd · 1 Apr 2009, 5:01 PM

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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?

Marmalade. · 1 Apr 2009, 5:07 PM

Quote:

Originally Posted by bundyrd

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?

Ask google

08er · 1 Apr 2009, 5:13 PM

quite ironic

circusmind · 1 Apr 2009, 5:15 PM

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.

**Lazarus** · 1 Apr 2009, 5:42 PM

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.

antisheep · 1 Apr 2009, 10:17 PM

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)

jisu · 4 Apr 2009, 2:17 AM

I would say yes:

Man who shot at Prince Charles becomes barrister - National - www.theage.com.au

ninjapuppet · 24 May 2009, 3:06 AM

Re: Practising law with criminal record

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?

1 Apr 2009, 5:01 PM	#1 (permalink)
bundyrd New Member HSC: 2004 Gender: Male Join Date: Mar 2008 Posts: 9 Last Activity: 1 Apr 2009, 5:01 PM	Practising law with criminal record You can hide this advertisement by registering. 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?

1 Apr 2009, 5:13 PM	#3 (permalink)
08er Exalted Member HSC: 2008 Gender: Male Join Date: Dec 2008 Posts: 881 Last Activity: 22 Apr 2009, 6:56 PM Blog Entries: 1	Re: Practising law with criminal record quite ironic __________________ There's no such thing as a bribe; if you pay for something you should get it.

1 Apr 2009, 5:15 PM	#4 (permalink)
circusmind Senior Member HSC: 2006 Gender: Male Join Date: Feb 2007 Posts: 334 Last Activity: 18 Aug 2009, 11:53 PM	Re: Practising law with criminal record 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. __________________ BA/LLB @ ANU 2007

1 Apr 2009, 5:42 PM	#5 (permalink)
Lazarus Bored Admin HSC: 2001 Gender: Male Location: CBD Join Date: Jul 2002 Posts: 5,517 Last Activity: Yesterday, 9:44 PM	Re: Practising law with criminal record 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. __________________ Lazarus Et in arcadia ego...

1 Apr 2009, 10:17 PM	#6 (permalink)
antisheep Member HSC: 2006 Gender: Female Location: Cherrybrook Join Date: Oct 2005 Posts: 173 Last Activity: 20 Aug 2009, 11:48 PM	Re: Practising law with criminal record 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) __________________ B Commerce (mktg) /LLB @ mq. in walked a man in the shape of a man, wearing a hat shaped hat. He held up two fingers and said "How many fingers?" and i said "peace man... that's where it's at"

4 Apr 2009, 2:17 AM	#7 (permalink)
jisu Assistant Member HSC: 2007 Gender: Male Location: somewhere between here and there. Join Date: Mar 2005 Posts: 79 Last Activity: 10 Aug 2009, 3:02 PM	Re: Practising law with criminal record I would say yes: Man who shot at Prince Charles becomes barrister - National - www.theage.com.au __________________ "he's studying on his own, get him!"

24 May 2009, 3:06 AM	#8 (permalink)
ninjapuppet Assistant Member HSC: N/A Gender: Undisclosed Join Date: Mar 2009 Posts: 62 Last Activity: 4 Nov 2009, 9:59 PM	Re: Practising law with criminal record Re: Practising law with criminal record 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?

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