Celebrating 10 years! 2007-2017

Ex-Big Law Associate Who Flunked Bar Can Proceed With Suit Against Examiners

http://taxprof.typepad.com/taxprof_ blog/2017/10/ex-big-law-a karlmarx10/04/17
"The likelihood of getting another job at a big firm is slim blackholelaw10/04/17
Based on that picture, would. jorgedeclaro10/04/17
Holy cow, she got 150% of the normal testing time and a smal inho2solo10/04/17
No. She got extra breaks, but did not get double time. I am guyingorillasuit10/04/17
She did get 150% of the normal time (I never claimed she got inho2solo10/04/17
A couple points: 1) Blind people can and do become lawyer guyingorillasuit10/04/17
I actually know a legally blind girl who just took the bar a 3lol10/04/17
1) No kidding Sherlock. I know a couple of blind lawyers, inho2solo10/04/17
I have such bad anxiety I could let get a job to save my lif notreallyalawyer10/04/17
I smell entitlement. junkwired10/04/17
amazing... this is why "accommodations" are a joke and both wolfman10/04/17
Biglaw knows how to pick talent haha triplesix10/04/17
So torn on this one. On the one hand, her claims seems like superttthero10/04/17
I'm not very sympathetic to ugly entitled broads. Go Stat isthisit10/04/17
Ugly? Maybe we're not looking at the same photo. inho2solo10/04/17
We must not be looking at the same taxprofblog photo. Th isthisit10/04/17
How much will the New York State bar be paying her if she wi caj11110/04/17
"Cantor Fitzgerald doing M&A work" Thank goodness she fou inho2solo10/04/17
We give blind ppl and ppl in wheelchairs accommodations on t rastaman10/04/17
No sympathy. I knew a guy who got an extra day in CA so he c downwardslope10/04/17
Back when I took the bar exam, we all had to write by hand. fettywap10/04/17
I think it's a colorable claim. She passed the exam after "p 2breedbares10/04/17
If you give those accommodations to all takers, the numbers superttthero10/04/17
Right, the law doesn't define what a reasonable accommodatio fettywap10/04/17
Were her clients going to be okay with being billed for the notreallyalawyer10/04/17
If she winds up doing document review, will she be given ext notreallyalawyer10/04/17
I googled her name. If she's suing the bar for the loss of h notreallyalawyer10/04/17
Not to mention, she passed the bar on the third try and prob caj11110/04/17
Definitely would bigsal10/04/17

karlmarx (Oct 4, 2017 - 11:04 am)

http://taxprof.typepad.com/taxprof_blog/2017/10/ex-big-law-associate-who-flunked-bar-can-proceed-with-suit-against-examiners.html

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blackholelaw (Oct 4, 2017 - 12:22 pm)

"The likelihood of getting another job at a big firm is slim to none. This has really derailed her career." Wyche has since been working in temporary attorney and independent contracting positions, according to Simon."

Welcome to the 99%, Tamara.

ONE OF US. ONE OF US.

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jorgedeclaro (Oct 4, 2017 - 11:18 am)

Based on that picture, would.

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inho2solo (Oct 4, 2017 - 11:31 am)

Holy cow, she got 150% of the normal testing time and a small, semi-private room, fails (her second attempt) and sues because she didn't also get "extra breaks"?

Gimme a break, will ya!

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guyingorillasuit (Oct 4, 2017 - 12:42 pm)

No. She got extra breaks, but did not get double time. I am not a fan of giving accommodations for depression and anxiety, but if she has a longstanding, documented history of it, her claims may be legitimate. We accommodate people with wheelchairs, right? Would we also accommodate a blind applicant? If you are saying she feigned anxiety and depression to get extra time, then that should be up to independent doctor to decide, not up to a random bar examiner with no medical credentials.

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inho2solo (Oct 4, 2017 - 12:49 pm)

She did get 150% of the normal time (I never claimed she got double time for the failed exam - she did get double time for the 2/2015 exam, which she passed).

From the article Caron reproduced:

"She again failed the 2014 July bar exam, having received 50 percent extra time and a smaller testing room, but no extra breaks."

At some point you have to ask when is enough accommodation enough? If she can't pass the bar exam with extra time and under low-stress (small room) conditions, HTF was she surviving at her Biglaw firm?

If she has anxiety that bad, she was washing out of Ropes & Gray no matter what. I'm guessing there's a reason beyond not passing the bar that they sacked her, using that as their excuse.

I have no problem with reasonable accommodations, by the way. But there's a reason blind people don't generally become electricians - there are some issues you simply can't accommodate away.

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guyingorillasuit (Oct 4, 2017 - 4:26 pm)

A couple points:

1) Blind people can and do become lawyers. I personally saw a blind lawyer in court about a month ago. She was being physically assisted by her associate, and was completely prepared and competent. I do not know how many blind electricians there are.

2) Saying that she would have washed out of biglaw anyway is pure speculation, and not even relevant to whether or not she should have been accommodated in a certain way.

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3lol (Oct 4, 2017 - 4:30 pm)

I actually know a legally blind girl who just took the bar and has a job lined up in BigLaw.

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inho2solo (Oct 4, 2017 - 5:08 pm)

1) No kidding Sherlock. I know a couple of blind lawyers, and clearly I made no claim that blind people can't be lawyers. Jeebus, GIGS, the comment about blindness was to illustrate that some things can't be accommodated - color blindness and being an electrician being one of them. Are you just a-trollin?

2) Sure it's speculative. However, do you seriously doubt that a pressure-cooker biglaw atmosphere is unlikely to be a healthy environment for someone with such anxiety and prone to panic attacks that they need double time to test, must test in a private room, and need a bunch of extra breaks from the test?

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notreallyalawyer (Oct 4, 2017 - 1:32 pm)

I have such bad anxiety I could let get a job to save my life and I didn’t het extra time in law school and I passed the NY bar

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junkwired (Oct 4, 2017 - 11:35 am)

I smell entitlement.

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wolfman (Oct 4, 2017 - 11:55 am)

amazing... this is why "accommodations" are a joke and both the ADA and the IDEA should have never been passed.

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triplesix (Oct 4, 2017 - 12:01 pm)

Biglaw knows how to pick talent haha

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superttthero (Oct 4, 2017 - 12:15 pm)

So torn on this one. On the one hand, her claims seems like garbage and bad policy if she wins.. on the other hand, she's suing a state bar. Very torn.

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isthisit (Oct 4, 2017 - 12:48 pm)

I'm not very sympathetic to ugly entitled broads.

Go State Bar!

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inho2solo (Oct 4, 2017 - 12:54 pm)

Ugly? Maybe we're not looking at the same photo.

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isthisit (Oct 4, 2017 - 1:01 pm)

We must not be looking at the same taxprofblog photo.

That broad is ugly.

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caj111 (Oct 4, 2017 - 12:56 pm)

How much will the New York State bar be paying her if she wins the case? Will it be more than a few years' salary at Ropes & Gray?

Also, according to her Linkedin, she is now at the legal department of Cantor Fitzgerald doing M&A work. Plenty of people have flunked the bar and been worse off than her. Hell, plenty of people have PASSED the bar and been worse off than her. How was her career derailed?

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inho2solo (Oct 4, 2017 - 1:14 pm)

"Cantor Fitzgerald doing M&A work"

Thank goodness she found some low-stress type work that won't exacerbate her anxiety disorder.

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rastaman (Oct 4, 2017 - 12:59 pm)

We give blind ppl and ppl in wheelchairs accommodations on the exam bc, their disability is well, legitimate. No matter of studying or determination can make either one of them over come the problem. The blind guy should be allowed to type via Brail or dictate his answers. The wheelchair guy just needs an ada compliant building and desk. If he can right or type, he really doesn't need major accommodations. Depression and anxiety are real-but they are something that must be overcome with significant advantages provided. Otherwise it's simply not fair and not an accurate test if one is prepared to practice

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downwardslope (Oct 4, 2017 - 12:59 pm)

No sympathy. I knew a guy who got an extra day in CA so he could hand write the exam. He was a quadriplegic and could barely hold a pencil, but said he was faster at handwriting than typing. That was as much as they would give him and he could not pass in 3 tries. So he gets 33% more time in CA and this lady is complaining with 50%?

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fettywap (Oct 4, 2017 - 1:29 pm)

Back when I took the bar exam, we all had to write by hand. No extra time given.

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2breedbares (Oct 4, 2017 - 1:29 pm)

I think it's a colorable claim. She passed the exam after "proper" accomodations were given. Her theory rests on the argument that these proper accomodations should have been given sooner.

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superttthero (Oct 4, 2017 - 3:34 pm)

If you give those accommodations to all takers, the numbers passing will increase. It doesn't mean that she has a colorable claim based solely on that fact.

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fettywap (Oct 4, 2017 - 3:45 pm)

Right, the law doesn't define what a reasonable accommodation is, but they do not require an entity to bend over backwards to accommodate you. How do you get that being allowed more time goes along with depression? I don't see how that fits into an accommodation for depression, if she is actually disabled.

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notreallyalawyer (Oct 4, 2017 - 1:33 pm)

Were her clients going to be okay with being billed for the extra time ?

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notreallyalawyer (Oct 4, 2017 - 1:58 pm)

If she winds up doing document review, will she be given extra time?

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notreallyalawyer (Oct 4, 2017 - 2:59 pm)

I googled her name. If she's suing the bar for the loss of her biglaw job, she still managed to get an in house counsel job at Cantor Fitzgerald, something the rest of us could only dream about getting. I could only dream about getting a GS7 job at this point, and she's suing? I have zero sympathy. I bet you I have worse anxiety than she does. She could interview and get jobs, something I was never able to do

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caj111 (Oct 4, 2017 - 4:04 pm)

Not to mention, she passed the bar on the third try and probably gets paid pretty well at Cantor Fitzgerald. How exactly can she prove the length of time she would have stayed at Ropes & Gray if she passed, and how much of a salary gap is there between the law firm and an investment bank's in-house legal department for a 2nd year associate?

Seems like entitlement to me. She should just enjoy the Cantor Fitzgerald paychecks and move on already. If she does get any money out of this lawsuit, she should donate it to Legal Aid to represent underprivileged people with real ADA claims.

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bigsal (Oct 4, 2017 - 9:31 pm)

Definitely would

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