APPLICATION TO THE BAR OF CENTRAL

Problem : In re Application of Heart

B Glesner Fines 2009

Instructions for role play - CLIENT

Client Facts: Your name is Pat Heart.

You began law school at Midwestern Central University Law School ("MCU") in August three years ago and graduated in this past May. You graduated with a rank of 48 out of 150. Your GPA would be much higher, but your first year was terrible. You discovered during that year that you had had difficulty completing examinations within the time provided and that you had panic attacks in the classroom during testing. After your first-semester grades, you went to the university counseling center and sought assistance. Tabatha K. Thompson, Ph.D., MCU's director of counseling services, counseled you, teaching you relaxation and visualization techniques. Nevertheless, during your spring Contracts exam, you suffered such a severe panic attack that you left the exam room and, with the permission of the associate dean, you called Dr. Thompson, who helped calm you down enough to finish the exam. Despite this help, your spring exam grades weren’t much better and you were one-tenth of a point away from being dismissed. You continued to seek help from the counseling center and, in June between your first and second year of law school, a nurse at MCU’s Student Health Center referred you to Dr. Debra A. Grayson. Grayson diagnosed you with generalized anxiety, and prescribed medication.

Dr. Thompson thought that you might also have a learning disorder, and she suggested that you see a specialist for an assessment. Thompson gave you a list of specialists, which included Nancy R. Krasa, Ph.D. Over that summer, Krasa evaluated you by giving her a full range of intelligence, cognitive-functioning, and academic-achievement tests, and she discovered "distinct cognitive abnormalities" that possibly explained your inability to complete tests within the usual allowed time. She could not reach a precise diagnosis, however, and referred you back to your physician. Krasa also referred you to a reading specialist. Your condition qualified you for special test-taking conditions under MCU's policy of accommodating students with disabilities.

During your second and third years in law school, you took your exams in a room by yourself and you were given 50 percent more time than other students to complete your exams. With these accommodations, you were able to complete the exams without significant panic attacks. Your grades improved and you began to enjoy law school more. You were always prepared for class and actively participated in discussions. You got a job as a research assistant for Professor Stanley Stanton, your second-year civil-procedure professor, who recommended you for a clerkship with Baxter, Williams & Sarne, L.L.P. that spring. You clerked for that firm from January of your second year until the middle of your third year. During your third year, you became president of your law school fraternity and participated in a client counseling competition.

You applied on November 12 during your second year of law school to register as a candidate for admission to the practice of law in the state of Central. You answered no to the question "Do you currently have any other condition or impairment * * * that in any way affects, or if left untreated might affect, your ability to practice law in a competent and professional manner?" You did not think that you had to disclose your learning disability because you were being treated for your condition and, even if you were not being treated, you believed that you could still practice law in a competent and professional manner.

You answered no to this question again during your third year, on your March 31st application to take the bar examination. However, you did disclose your condition on the form for requesting special accommodations to take the bar, which you submitted with your application to take the bar. You asked the Board of Bar Examiners to give you accommodations similar to those you had in law school when you took the bar exam. You submitted a report from Krasa and a report from Thompson describing your condition and the accommodations you had received in law school.

Just after your graduation from law school, in a May 17th letter, the Board of Bar Examiners denied your request for accommodations, citing a special-accommodations consultant's determination that your condition did not satisfy the definition of disability in the Board of Bar Examiners Policy on Applicants with Disabilities. The letter also advised that you could appeal the denial to the board chairman within ten days, that that appeal would be "conducted on the basis of the record compiled before the Board," that you would be "limited to a written argument in support of your appeal," and that the chairman's decision would be final.

You were acquainted with the Chairman of the Board of Bar Examiners Terry P. Garrison through Garrison’s spouse, attorney Jo Garrison. During your second year at MCU, Jo Garrison had supervised you in your work as a law clerk for Baxter, Williams & Sarne, L.L.P. Jo had become your friend and mentor, and Terry Garrison sometimes joined you for lunch or on other social occasions. After your clerkship ended, you maintained a friendship with the couple, especially with Jo.

You decided to appeal the Board of Bar Examiners' decision. You asked the special-program's officer for the Board of Bar Examiners how to prepare the appeal, he just said “read the rules and use your legal training.” You also consulted Grayson, who wrote a brief synopsis of your medical condition for use in the appeal, and Thompson, who wrote a more detailed account of your condition and also explained the special accommodations that MCU had provided.

In discussions with Thompson, you mentioned that you knew someone "involved in the bar examination process," and asked Thompson whether it would be inappropriate to contact that person. Thompson replied that she saw nothing wrong with you asking that person for guidance on what type of evidence you could submit with your appeal. You then decided to ask the Chairman of the Board of Bar Examiners, Terry Garrison, how to present your case. On May 25th you sent an e-mail to Garrison asking for guidance in preparing the appeal. (If asked if you have a copy of that email, you may produce it; otherwise you can simply describe it in these terms) You introduced yourself by reminding Garrison that you had formerly served as a law clerk for his spouse. You then described the reasons you thought you needed the accommodations and the difficulty you had in knowing how to go about getting those accommodations for the bar exam. You made sure to let him know that you weren’t asking for any 'favors' in how the appeal was decided. When you wrote this email, you never intended to influence Garrison's decision whether to grant your request for special accommodations. You were just desperate for some advice and assistance. However, it seems that Garrison considered the e-mail an attempt to take advantage of your acquaintance, and Garrison forwarded it immediately to the secretary of the Board of Bar Examiners. The secretary appointed an acting chairman, and he later denied your appeal, foreclosing special accommodations. You decided not to take the bar exam that June.

Instead, you applied in August to take the next February bar exam. On this application, you answered the disability question “yes” and explained: "I am currently being treated for a Central Processing Disorder and anxiety. * * *. If left untreated, I could still practice law in a competent and professional manner. However, it is my intention to practice law in a low key environment in order to minimize the anxiety, and to control my processing disorder, so that I will be an even stronger attorney as I practice law. I can function normally, I just have difficulty processing information and/or communications that are delivered rapidly; which is why I have significant problems with test taking. Even with my disorders, I can still practice law in a competent and professional manner."

The board of bar examiners has contacted you and indicated that they would like you to appear for a hearing, at which time they will be exploring whether you should be denied application to take the bar due to your previous failures to disclose your condition and because of your attempt to exert influence on Garrison.

You would like to know whether you should have an attorney accompany you to the hearing. Should you get witnesses? – you have many, many professors, fellow students, and attorneys who have agreed to write letters or testify on your behalf. What are the chances you will be able to take the bar?

Instructions for role play:

You should play yourself as a somewhat naïve, sincere individual. Don’t overplay the role. Try to think of a situation in which you’ve had a lapse of judgment and remember what that felt like. (If you’ve never done anything stupid in your life, see me as I’d like to know your secret for success).

You should be prepared to admit that it was not really smart to email Garrison directly about your appeal, but you should express some confusion as to exactly why. For example, you might wonder if you would have gotten in as much trouble if you had asked his spouse for help. You might suggest that you have looked but you have never found a specific rule that prohibits contacting the bar examiners personally. Don’t be too defensive, however, as you can, if pressed at all, see that referring to your personal relationship was not the right thing to do. You should reflect some anger at Garrison for sending on the email – you think that Garrison could have simply sent back the email and let you know that discussing the matter with you was improper, but you assume Garrison had to send on the email merely for self-protection. You should be anxious, worried and desperate to get a chance to take the bar. You want to do whatever is necessary to be able to take the bar. You wish there were some opportunity to get accommodations and are not very confident about your ability to pass without accommodations, but you realize there is almost no chance of getting accommodations at this point. Now your main goal is simply to get a crack at the bar exam. You would be willing to submit to psychological examination and even to delay taking the bar until July if necessary, but these should not be your suggestions.

Documents

You can produce your bar application character and fitness questionnaire and the email to Garrison at the meeting.

Here is the email:

From: Pat Heart [mailto:pat.heart@midwestcentral.edu]

Sent: Mon March 26, 2:48 AM

To: Terry Garrison

Subject: Your help in bar application process please

Dear Terry,

I am a recent graduate of MCU law school. I think you probably remember me because I worked as a law clerk for Jo at Baxter, Williams & Sarne, for most of the past two years. You may remember that we went to the Access Justice fundraising dinner together. I am writing because I am desperate for some advice and assistance and I know you and Jo have always been so helpful to me in the past that you would be the person to turn to. I know that you are the person who decides the accommodations appeals and so can direct me in how to prepare a successful appeal.

I’m not sure where to begin. I applied for accommodations to take the upcoming bar exam and I just got the letter telling me that the accommodations have been denied because I haven’t proven my case (I guess). Anyway I can bring an appeal, but no one at the board of bar examiners has told me exactly what I should put in an appeal. I know that I need accommodations, but I didn’t when I started law school. I did okay in undergrad without any special testing accommodations, but as a art major, I never had the kind of pressured exams that law school presents. I thought I was doing pretty well during the first semester – I kept up on all the reading and always briefed my cases – some of my friends were even borrowing notes from me because they thought my briefs were so good. I outlined all my classes pretty much and felt nervous but pretty confident going into the exams. I already knew that I would get a B+ in legal writing. But I knew I was in trouble after that first exam. It was the Criminal Law exam and I just panicked when I read the instructions for the multiple choice questions. It was one of those kind where one or more of the choices can be correct and you have to choose whether its only one or more. I just kept getting more and more nervous and thought I was going to pass out. I got through the multiple choice questions but I couldn’t even begin to answer the essay. Anyway, I knew even before I got the grades that I had probably flunked out. In fact, I was surprised I did as well as I did given what a wreck I was taking the exams. I know lots of people get nervous during exams, but this was something entirely different. My brain just froze. I could hardly remember my own name, much less the law. . I ended up with a C in Property, a C- in Torts, a D+ in Criminal Law and a D in Constitutional Law, which was very close to putting me on probation. The exams in both Criminal Law and Constitutional Law were closed book, with about half the questions multiple choice.

Anyway, after my first-semester grades came in, I went to talk to the associate dean, who suggested I go to the counseling center on campus. I went there and met Dr. Tabatha K. Thompson. Dr. Thompson is the director of counseling services, and we talked quite a lot during the next semester. She told me I was suffering from text anxiety and gave me some exercises to learn to relax and not get panicked. The second semester didn’t go much better though. My classes were okay, except for Contracts where the professor went so fast, I just couldn’t keep up, but my study group shared notes and I felt prepared for that exam, as well as for the rest. The first exam (Torts II) went okay, but during the Contracts exam, I just froze. The exam was multiple choice for 2 hours and then 2 hours of a eight-page hypothetical. I got through the multiple choice part but as I began the essay, I was feeling so panicked I couldn’t even think. I started to feel dizzy and nauseous. I left the exam room and the associate dean let me call Dr. Thompson, who helped calm me down enough to finish the exam. In the end, my spring exam grades weren’t much better than the fall and I was still on the edge of academic dismissal. I kept working with Dr. Thompson and his staff, and that summer one of the nurses at the counseling center referred me to a psychiatrist, Dr. Debra A. Grayson.. Dr. Grayson said I had generalized anxiety, probably situational, and prescribed Buspar. I didn’t really like taking it because it made me feel “off” all the time, but by the end of the summer I got used to it and it really seemed to help keep me calmer. But of course I wouldn’t know whether it would help with the exams until that fall.

That summer, I also went to see Dr. Nancy R. Krasa, a specialist in learning disorders. She tested my sight and hearing and gave me a whole range of written and oral tests to assess my intelligence and achievement. My.Wechsler Adult Intelligence score showed that I have an IQ of 139, which Dr Krasa said indicates that I should be achieving much better in law school. She said that she discovered "distinct cognitive abnormalities" that possibly explained my inability to complete tests within the usual allowed time. She could not reach a precise diagnosis, however, and referred my back to my physician and to a reading specialist. I spent the entire summer working with all these specialists on reading, study and test-taking strategies designed to address my condition. I also asked for accommodations from MCU. Under their disabilities policy, they indicated that my condition qualified me for special test-taking conditions. During my second and third years in law school, I took all my exams in a room by myself and I was given time and a half for the exams. I didn’t have any accommodations for take-home exams or papers because my doctors said that it was only the unique conditions of timed exams that caused me difficulty.

The last two years of law school convinced me that I would be a great lawyer. My grades got better, I was involved in many activities in law school and became a leader in the law school. At Jo’s firm, I learned so much about the practice of law and got great reviews. As you know, the firm doesn’t keep all its summer associates on as clerks during the school year, so the fact that they asked me back shows the high quality of work I did and the confidence they have in me. But before I can practice law, I have to be able to take the bar exam. When I applied for the same kind of accommodations I had been given in law school to take the bar exam, I was denied. I was hysterical when I got the letter denying accommodations. I cried for hours. All my hard work, not just in law school, but to learn about why testing was such a difficulty for me and all the extra work I had to do to deal with my condition. I couldn’t believe that it all was for nothing. That my condition, which is all about timed exams, would stand in the way of my becoming a lawyer is just unbelievable! There aren’t timed exams in the practice of law! I desperately need your help in preparing this appeal. I simply cannot function under the standard/normal testing conditions. I have not taken a test under standard conditions for 2 years--to start now would destroy me. All the hard work would be for nothing. I would be a great lawyer. I realize that you are the one who will be making this decision and I’m asking for any favors, I am just hoping that you will understand how important these accommodations are to be able to allow me to demonstrate what I know. I am not stupid! Ask my professors. Ask all my classmates who borrowed my notes and who I helped prepare for exams and who ended up with better grades than me because they don’t have panic attacks during exams. You can ask Jo about my character. Jo has personally watched me transition through school as a very scared, frustrated and academically challenged student, to a more confident student, but only after accommodations were made. I am not asking for any special advantage, just a level playing field. Without my testing accommodations, I can’t see how I can begin to approach a two-day, time pressured, exam. I will end up in the hospital! Please, please help me know what I need to do to successfully appeal this decision! You and Jo have been such kind and helpful mentors to me, I know you can point me in the right direction. Thank you.

APPLICATION TO THE BAR OF CENTRAL

Name Patricia Jane Heart 000-00-0000

First Middle Last Social Security Number*

APPLYING AS (choose one category):

□ Law Student Registrant (See Fee Schedule Description) □ In-House Counsel

□Motion/Reciprocity Applicant □ Notary Public

xBar Examination Applicant (exam date: 2/18/10) □ Foreign Legal Consultant (exam date: )

List below all the other names or surnames you have used or been known by and describe when, how, and why your name was changed (e.g., marriage or divorce).

■ First, Middle, Last Name

From Year_____ To Year_____

Reason for change

■ First, Middle, Last Name

From Year_____ To Year_____

Reason for change

Sex: □ Male xFemale Date of birth: January 1, 1983

Place of birth: Smalltown, Central, USA

Of what country are you a citizen? US

If you are not a citizen of the United States, what is your immigration status?

Telephone numbers and e-mail address at which you can be reached during the next six months:

816-235-2380 (Home) pat.heart@yahoo.com

Mailing address at which you can be contacted about this application during the next six months:

500 East Main Street

Everycity, Central

Check if address is ⌧ Residence or □ Business

If business, name of firm

Address/P.O. Box

City State Zip Code

Country

1. List every permanent and temporary street address where you have lived:

● If this is your first application prior to bar admission, provide your residency information for the last ten years or since age 18, whichever period of time is longer; OR

● If you have previously applied for bar admission or registered as a law student with a bar admitting authority, provide your residency information for the last ten years or since you were first admitted to the bar in any jurisdiction, whichever period of time is longer.

List addresses in reverse chronological order starting with your current address.

Current Address From Mo/Yr August 2006-

Address 100 Maple Street, Apt 3N

City County State Zip Everycity, Central 00000

Country if not the United States

■

From Mo/Yr To Mo/Yr 2002-2006

Address 1000 Bendwood Dr, Apt 8D

City County State Zip Anothercity, Central 00000

Country if not the United States

■

From Mo/Yr To Mo/Yr 2001-2002

Address University of Central, Ivy Residence Hall

City County State Zip Anothercity, Central 00000

Country if not the United States

■

From Mo/Yr To Mo/Yr 1983-2001

Address 516 Brown Street

City County State Zip Smalltown, Central 00000

Country if not the United States

■

From Mo/Yr To Mo/Yr

Address

City County State Zip

Country if not the United States

EDUCATIONAL INFORMATION

2. List the names of all the colleges and universities you attended. Do not include law schools. Include location (including the name of the campus if the school had more than one), dates attended, and degree(s) received. Mark ND if you did not receive a degree. If the school's name has changed since your attendance, provide both its current name and former name. List schools beginning with the one most recently attended.

College University of Central

City State Anothercity, Central

Country/Province USA

From Mo/Yr To Mo/Yr Degree 2001-2006 BFA

3. List the names of all the law schools you have attended or are currently attending. Include location (including the name of the campus if the school had more than one), dates attended, degree(s) received or expected to be received, and date degree(s) expected, if applicable. Mark ND if you did not receive a degree. If the school's name has changed since your attendance, provide both its current name and former name. List schools beginning with the one most recently attended.

Law School Midwestern Central University

City State Everycity, Central

Country/Province USA

From Mo/Yr To Mo/Yr Degree Date 8/2006-6/2009 J.D.

4. Did you engage in law office study in lieu of receiving a JD? (This is permitted only in certain jurisdictions.) □ Yes x No

If yes, under the approval of what jurisdiction?

Indicate when and where: From Mo/Yr To Mo/Yr

Name of Firm

Proctor

Firm Address

City State Zip

5. Have you ever been dropped, suspended, warned, placed on scholastic or disciplinary probation, expelled, requested to resign, allowed to resign in lieu of discipline from any college or university (including law school), or otherwise subjected to discipline by any such institution or requested or advised by any such institution to discontinue your studies therein? □ Yes x No

If you answered yes, provide the following information:

Name of the Institution

Type of Action Date Action Taken

Explanation of Institution Action

ADMISSION INFORMATION

6. PRIOR APPLICATIONS FOR ADMISSION

List every state or foreign country to which you have submitted an application to take a bar examination or an application to be admitted to the bar by examination, motion, or diploma privilege. List every state or foreign country to which you have submitted an application to be reinstated to the bar. Include any preregistration as a law student. Do not list multiple application dates and examination dates in the same field; multiple applications and examinations to the same state or foreign country require separate entries. Provide a brief narrative explanation of the circumstances surrounding the reason for any withdrawals of applications or failures to be admitted (other than those due to failing the examination).

In response to this question, DO NOT include information regarding admission to the U.S. federal courts or authorizations to appear pro hac vice.

If admitted to a bar of a foreign country, indicate the name and address of the admitting authority in the explanation field

□ NONE: This is my first application for admission to practice law.

State or foreign country Central

Applied as: □ Bar Examinee □ Motion/Reciprocity □ Diploma □ Reinstatement x Law Student Registrant

Not admitted due to: □ Failed examx Withdrew application □ Other reason □ Pending

Date application made (Mo/Yr) November 2007

Date examination taken (Mo/Yr) N/A

Admitted or readmitted (Mo/Day/Yr) Bar Number*

Explanation

State or foreign country

Applied as: x Bar Examinee □ Motion/Reciprocity □ Diploma □ Reinstatement □ Law Student Registrant

Not admitted due to: □ Failed exam x Withdrew application □ Other reason □ Pending

Date application made (Mo/Yr) March 2009

Date examination taken (Mo/Yr)

Admitted or readmitted (Mo/Day/Yr) Bar Number*

Explanation

LEGAL AND OTHER EMPLOYMENT INFORMATION

7. List every job you have held:

● If this is your first application prior to bar admission, provide your employment information for the last ten years or since age 18, whichever period of time is shorter.

● If you have previously applied for bar admission or registered as a law student with a bar admitting authority, provide your employment information for the last ten years or since you were first admitted to the bar in any jurisdiction, whichever period of time is longer.

All law-related employment must be listed.

Follow these instructions:

List most recent employment first.

Include self-employment, externships, internships (paid and unpaid), clerkships, and military service.

Include part-time employment.

Include temporary employment. If you were employed by a temporary agency, provide the name, mailing address, and telephone number of the temporary agency and also note the name of the firm/company to which you were assigned.

Account for any period of time when you were unemployed for more than three months (i.e., in school, studying for the bar examination, seeking employment, performing volunteer work, etc.). For these periods of time, check the box for Unemployment and describe the reason for your unemployment in the field labeled Position.

Do not furnish your own name or the name of someone to whom you are related by blood or marriage as a confirming reference.

CURRENT EMPLOYMENT

From June 2009 To PRESENT

Position Clerk

Employer or Firm Midwestern Central University Law Library

Supervisor/Associate Marian Librarian

Employer or Firm Address Midwestern Central University Law Library

1 College Drive

City State Zip Telephone ( ) Everycity, Central, 00000 816-235-8400

Country if not the United States USA

E-mail mlibrarian@mculaw.edu

LEGAL AND OTHER EMPLOYMENT INFORMATION

Make Additional Copies of this Page as Necessary

From Mo/Yr To Mo/Yr January 2009-June 2009

x Unemployment Period

Reason: Completing law school

From Mo/Yr To Mo/Yr January 2008-January 2009

Position Law Clerk

Employer or Firm Baxter, Williams & Sarne, L.L.P.

Supervisor/Associate Jo Garrison

Employer or Firm Address 1500 West Avenue

City State Zip Telephone ( ) Everycity, Central 0000 809-908-9999

Country if not the United States

E-mail garrisonj@BWSLAW.COM

From Mo/Yr To Mo/Yr September 2007-January 2008

Position Research Assistant

Employer or Firm Professor Stanley Stanton

Supervisor/Associate Stanley Stanton

Employer or Firm Address MCU Law School

1 College Drive

City State Zip Telephone ( ) Everycity, Central 0000 809-908-9999

Country if not the United States

E-mail sstanton@mculaw.edu

From Mo/Yr To Mo/Yr August 2006-September 2008

x Unemployment Period

Reason: First year of law school (volunteered at Legal Aid of Central during summer)

From Mo/Yr To Mo/Yr September 2002 -August 2006

Position Gallery associate

Employer or Firm Fireworks Pottery Studio and Galleries

Supervisor/Associate Clay Molding

Employer or Firm Address 709 Main Street

City State Zip Telephone ( ) Anothercity, Central 0000 809-908-9999

Country if not the United States

E-mail firedclay@fireworksclay.com

From Mo/Yr To Mo/Yr prior to September 2002

x Unemployment Period

Reason: Finishing high school and starting college

EMPLOYMENT AND PROFESSIONAL INFORMATION

8. Have you ever been terminated, suspended, disciplined, or permitted to resign in lieu of termination from any job? (If the employment was not previously listed, please go back and add it to Item 7.) □ Yes x No

If yes, provide the following about each occurrence:

Employer or Firm

Dates of Employment: From Mo/Yr To Mo/Yr

Disposition: □ Terminated □ Suspended □ Disciplined □ Permitted to resign

Explanation of circumstances:

9. List the full name and address of each mandatory or voluntary bar association of which you have been or are currently a member.

x Check here if you have never been a member.

Name of Bar Association

Dates of Membership: From Mo/Yr To Mo/Yr

Address

City State Zip

10. A. Have you ever been disbarred, suspended, censured, or otherwise reprimanded or disqualified as an attorney?

□Yes x No

B. Have you ever been the subject of any charges, complaints, or grievances (formal or informal) concerning your conduct as an attorney, including any now pending? □ Yes ⌧ No

x Check here if you have never been admitted to practice law.

If you answered yes to 10A and/or 10B, please provide the following information for each matter:

Name of Regulatory Agency

Address

City State Zip

Agency Action Date

Explanation