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Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

abovethelaw.com

21–30 of 41 posts

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#21
post #20

Earlier quoted context omitted.

> they are denying him admission based on his decision to stay on at the public defender instead of quiting and finding likely nonexistent higher paying work to service his exorbitant albeit average student loan debt. That's incorrect. It's because he's not... "seeking full-time employment, which he acknowledges would give him a better opportunity to pay his obligations and possibly qualify him for an additional defe…

That isn't illegal or immoral.

True, but the theory behind character and fitness tests is that if he is desperate for money with which to repay his debts, he may be more susceptible to coercion, blackmail, and criminal elements.

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#22

So, I guess the core conclusion of this article should be this: What does not paying off student loans have to do with your ability to be a lawyer?

Someone with a large amount of debt is more likely, in the bar association's eyes, to seek illegal or questionably legal means of repaying it.

In this case, there's also the fact that the lawyer in question tried to file bankruptcy to lower his student loan payments, and to discharge some of his credit card debt. He also decided to take on a low-paying job as a public defender -- admirable, perhaps, but in his financial situation, irrational.

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#23
post #20

Earlier quoted context omitted.

> they are denying him admission based on his decision to stay on at the public defender instead of quiting and finding likely nonexistent higher paying work to service his exorbitant albeit average student loan debt. That's incorrect. It's because he's not... "seeking full-time employment, which he acknowledges would give him a better opportunity to pay his obligations and possibly qualify him for an additional defe…

That isn't illegal or immoral.

I would say it's immoral to ignore your debt obligations, yes. He went through a program that cost a lot of money, and which he promised to pay for over time. He's not a victim here. One can't always choose to do whatever they prefer, especially when in debt to others.

There are many startup lawyers who bill >$400/hour, and I'm sure even the lowest paid lawyers who aren't public defenders make a fairly respectable salary. Paying off 150k of student debt on the kinds of timelines those things are usually on isn't outrageous.

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#24

Earlier quoted context omitted.

Usually the financial aid office includes (extra) generous allowances for food, travel, and rent expenses that may be included in your student loans. Any credit card debt is on top of all of that.

He has a daughter and might be supporting his mother as well. My parents raised me and my sister off of student loans and credit cards while they were going to school. I think it is pretty common if you have a family to raise.

The article seemed to mention that he was not contributing to the family's expenses.

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#25
post #23
post #20

Earlier quoted context omitted.

That isn't illegal or immoral.

I would say it's immoral to ignore your debt obligations, yes. He went through a program that cost a lot of money, and which he promised to pay for over time. He's not a victim here. One can't always choose to do whatever they prefer, especially when in debt to others. There are many startup lawyers who bill >$400/hour, and I'm sure even the lowest paid lawyers who aren't public defenders make a fairly respectable sa…

But the catch 22 is that he can't work as a lawyer until he passes the bar...

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#26
post #9

The headline of the article is misleading. A guy who has a job as in public defender's office cannot promptly pay off his $400K in student loans due to the fact that his wages in the public defender's office are ~ $12/hr and he has a daughter. The Ohio Bar is attacking his "Character & Fitness" for not pursuing the kind of legal profession that would enable him to earn the kind of money that people who work for priva…

Its probably misleading cause you misread it. His loans are 170k, reasonable for law school graduate, and C&F has nothing to do with present or future career decisions.

[deleted]

Re: Character & Fitness Fail for Law Graduate With ‘No Plan’ To Pay Off His Debts

#27
post #23
post #20

Earlier quoted context omitted.

That isn't illegal or immoral.

I would say it's immoral to ignore your debt obligations, yes. He went through a program that cost a lot of money, and which he promised to pay for over time. He's not a victim here. One can't always choose to do whatever they prefer, especially when in debt to others. There are many startup lawyers who bill >$400/hour, and I'm sure even the lowest paid lawyers who aren't public defenders make a fairly respectable sa…

Moral? No. He's has a contract with a financial company. Do you think they would behave morally if it meant giving up a dollar?

Borrowing money from a friend is a moral obligation. That's not the same as signing a contract with a financial company that has buildings full of lawyers and accountants looking for ways to screw you.

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