The Kentucky Bar Bureaucracy’s egregious conduct yesterday is another failure of the “lawyers who decide who else can be a lawyer,” as Judge Justin Walker wrote in our case Jane Doe v. Supreme Court of Kentucky, et al. The Office of Bar Admissions has one job: administer the Kentucky Bar Exam. And despite having just one task, it failed.
This failure is not without consequences. Applicants told their families, friends, and prospective employers, that they passed the Bar and were eligible to practice law. Three days later, after swearing in ceremonies were scheduled and suddenly cancelled without explanation, applicants learned that their reported score might be wrong. Hundreds of people spent hours waiting to find out if they had actually failed the bar. Fifteen people received that devastating news.
The Bar requires precision. The slightest mistake can lead to private or public discipline, suspension, or the loss of career. Yet, when it comes to their own conduct, the Bar actively avoids responsibility. After three years of education, a six-figure financial investment in law school, and thousands of dollars and months spent on bar preparation, Bar examinees found that they were required to sign a waiver of all liability on the very day as they logged in to take the exam. Despite the fact that it sought to avoid any liability for its mistakes, the Bar’s explanation was written in passive voice to avoid acceptance of blame.
In addition to this horrifying treatment of Bar applicants, we should not forget that the Bar is also in need of serious reform in the way it treats applicants with mental health disabilities. For those who passed the bar exam, but were required to disclose a mental health diagnosis or treatment in the application process and are required to sign an agreement with KYLAP before admission, you must be proactive in negotiating that agreement before swearing in.
If you were affected by the Kentucky Bar Bureaucracy’s failure to accurately record scores or are being pressured into signing a KYLAP agreement that imposes reporting, testing, travel or other restrictions that are unrelated to your diagnosis and needs, please contact Craig Henry PLC at 502-614-5962 or [email protected]. We are a plaintiff consumer protection and employment law firm with experience litigating against the Bar Bureaucracy.