Clara is a third-year law student in the state of New Manitoba and is in the process of filling out her bar application. One question asks il the applicant has ever been convicted of a crime, including traffic- related violations.
IRAC
-issue, summary of relevant cases and statutes, application of cases and statutes to
issue, conclusion
4 pages (no cover page) Reference page needed
3 United states cases and 2 united states Statutes
Correct citations
Assignment 1
Clara is a third-year law student in the state of New Manitoba and is in the process of filling out her bar application. One question asks il the applicant has ever been
convicted of a crime, including traffic- related violations. Clara has a misdemeanor
drunk driving conviction on her record. Clara convinces herself that the authorities
are really concerned only with felony convictions, and she answers no to the
question. Six months later, Clara takes and passes New Manitoba's bar examination and joins a large downtown law firm as an associate.
Clara becomes friendly with Rose, another associate at the firm. One night, Clara and Rose go out to dinner. Over drinks, Clara confesses that she was once arrested and convicted for drunk driving. Rose asks her, "How did you handle that on your
application for the bar?" Laughing, Clara says, "Those knuckleheads never found out about the conviction. I didn't put it on my application and they never asked." The next day, now sober, Clara notices that Rose is keeping her distance and acting
remote and unresponsive. Fearful that Rose will report her to the grievance
committee, Clara goes to see Jessie, an old family friend and well-known criminal
defense attorney. Clara asks Jessie for advice on what to do now that Rose knows
about the drunk driving conviction. Jessie advises Clara to notify the state bar about the conviction. Jessie says, "Confession before Rose reports you is the best step.
You've had a good record since you were admitted and the Committee may take no
action. But you have to tell them." Clara leaves jessie's office and does not notify the bar. Neither Rose nor Jessie ever reports Clara to the bar.
A year later, Clara decides to move to the state of Old Hampshire. The bar application
in Old Hampshire asks only if there have been any prior felony convictions. Clara
honestly replies no. Clara asks jessie to write a letter of recommendation for her
admission to the Old Hampshire state bar. Jessie consents and sends the letter to the
bar. Jessie says nothing about her interview with Clara or about his conviction. Clara
Is admitted to practice law in the state of Old Hampshire.
Are Clara, Rose, or Jessie subject to discipline? Discuss.