The expense of a professional school education to study law represents a significant investment. For many of us, that investment has required substantial aid in the form of student loans – both public and private. Yet, we take on that debt with the understanding that 1) it is important to have legal professionals, and that 2) practicing law should enable us to meet our obligations.

Consider then the case of poor Robert Bowman: the 47 year old recently lost an appeal to a decision denying his application to the New York State Bar on Character and Fitness concerns for his approximately $480,000 student debt.

In its decision, the State Appellate Division panel found Bowman’s treatment of his debts was irresponsible.

“His application demonstrates a course of action amounting to neglect of financial responsibilities with respect to the student loans he has accumulated since 1983…His recalcitrance in dealing with his lenders has been and continues to be incompatible with a lawyer’s duties and responsibilities as a member of the bar.”

The court initially ruled against Bowman despite a recommendation of admission by a Character and Fitness subcommittee.

According to Bowman, his significant debt is a result of medical injuries, deferrals, and problems with his lender. His undergraduate degree took ten years to complete because he spent six years in rehabilitation after a motorcycle accident.

Bowman then pursued both his law degree and masters of law. Although he passed the New York bar in 2008, he suffered a broken leg after being hit by a jet-ski. During this time, his student loans were transferred to a collection agency, who added an additional 25% in fees. His debt therefore spans some 26 years of study.

The subcommittee had concluded that Bowman should have the benefit of doubt with respect to his debt’s reflection on his integrity. They found Bowman to have demonstrated exceptional character and perseverance: they noted that he had overcome obstacles, had refused to declare bankruptcy (taking responsibility for his debts), and had secured employment conditional on his license to practice.

Nevertheless, the court disagreed with the subcommittee’s recommendation. The court, however, seemed to leave the door open for future admission if Bowman began handling his debt.

“This determination is without prejudice to a future application for reconsideration of our decision which denied admission upon applicant’s submission of proof demonstrating a relevant change in circumstances that would provide the Court a basis upon which to conclude that he possesses the requisite character and fitness for admission to the bar.”

The result is something of a catch-22: he could begin paying his debts if he could practice, but he can’t practice until he resolves his debts. The moral of the story may be that accruing a significant student debt might prevent you from practicing law, and you may not be able to count on your legal career to pay off your debts.

Story from the ABA
NY Times Articles on Bowman: Original decision and latest decision