LSO "Unexcused Absence"

[Ferdinand]

Hi, I was just wondering here...

If I don't show up on the day of my scheduled exam I would get a grade of "unexcused absence".  The rules are not very clear.  In the rule it says if you fail, you will get to retry (for up to a total of 3 attempts).  Will not showing up count towards the attempts?

[Moodyfufu]

From my reading of the rules, it seems once you open the examination package you are deemed to have attempted the exam even if you don't answer a single question. Based on that, I am sure it is safe to assume that if you didn't attend, and thus didn't open the examination packet, you haven't yet used any of your attempts. 

Although, knowing the LSO, that could also be completely wrong so best to call them!

[erin otoole]

I would not recommend skipping the solicitor exam especially if you went to a Canadian law school. The vast vast majority of domestic students pass on the first try. It's more than likely you will be in the majority. If you fail the worst that happens is you have to study in the fall. If you pass you're cruising through articles. I know it feels stressful right now but I assure you that you'll make it through to the other side. 

[epeeist]

Why the f*** wouldn't you show up?

I could understand something happens and you can't make it (e.g. family or medical genuine emergency) and you notify LSO. Maybe if there's an option to withdraw with notice there's a reason. During pandemic I had to cancel major things last minute sometimes (e.g. high fever night before something I had to quarantine for two weeks at the time notifying people by email after midnight). But you don't just not show up without making sure ahead of time with the LSO that it won't cause you problems!

If it's more, you're nervous, subject to what the current requirements are about passing or failing and number of tries (check yourself), if you write it you may pass and be called; if not you write next time. If you skip it, aside from any other consequences, that's 100% you don't pass this time.

[myth000]

"Where a candidate has registered for a sitting of a Licensing Examination and does not attend, and has not followed the procedure for deferral, the candidate will not be entitled to any refund of the Licensing Examination fee paid for that sitting and will receive an official result of “Unexcused Absence” for that Licensing Examination (unless the candidate has been granted an “excused absence”)."

"Candidates have three attempts to successfully complete each Licensing Examination within their licensing term (for details on the definition of a licensing term, see the Licensing Process Policies). Thus, if a candidate has failed a Licensing Examination and still has attempts remaining within the candidate’s licensing term, the candidate will be eligible to attempt that Licensing Examination again."

The 4 possible results are "Absence"(excused or unexcused), "Pass" or "Fail".   

So, if the result is not a "Fail", then one can say that it does not use up an attempt.

 

 

[epeeist]

On 6/12/2023 at 5:24 PM, myth000 said:

...

So, if the result is not a "Fail", then one can say that it does not use up an attempt.

 

 

[portion only quoted]

That might be how the LSO sees it - or it might not. OP shouldn't rely on interpretations here of what the LSO means.

[myth000]

3 hours ago, epeeist said:

[portion only quoted]

That might be how the LSO sees it - or it might not. OP shouldn't rely on interpretations here of what the LSO means.

That goes without saying, there is no cost to ask the LSO directly.  However, if an absence counted as a fail and hence an attempt despite what it has posted then that would be illogical or Kafkaesque.

[Rashabon]

I don't think it would be illogical or Kafkaesque for an unexcused absence to be treated as a fail. Quite the contrary, it would be logical, albeit somewhat unfair. That being said, it is likely that the only distinction between unexcused and excused is the fee, although since you don't know for sure and this is akin to legal advice, I wouldn't be as definitive as you have been.

[myth000]

You don't think it would be illogical or Kafkaeseque for an unexcused absence to be treated (or "deemed") to be a fail even though "Fail" and "Unexcused Absence" are two different official results, and when it is deemed as a fail it has the oppressive consequence of the person losing an attempt.  And you think my discussion/speculation of the LSO Guidelines is akin to "legal advice".

 

[BlockedQuebecois]

It was better when you just posted ChatGPT excerpts. 

[CleanHands]

15 minutes ago, myth000 said:

Based on the information provided, it does not seem that an absence without following the proper deferral procedure would count as an attempt in the context of this policy. However, it is important to refer to the specific policies, rules, and regulations governing the particular Licensing Examination in question to obtain accurate information on how absences are counted and the impact on attempts.

Note that this language is much more qualified than yours was.

(And I'm the last person to want to give ChatGPT any credit.)

[Hegdis]

Listen, this is a forum for real life thinking breathing feeling cold blooded lawyers and law students.
 

If some one wants to consult ChatGPT they can do it elsewhere. 

[myth000]

1 minute ago, Hegdis said:

Listen, this is a forum for real life thinking breathing feeling cold blooded lawyers and law students.
 

If some one wants to consult ChatGPT they can do it elsewhere. 

I wish they were cold-blooded.  They are letting their cliquish emotions sway their judgement.

[Hegdis]

So I would repeat my advice for anyone spoiling for a fight: take it elsewhere.

[Rashabon]

1 hour ago, myth000 said:

You don't think it would be illogical or Kafkaeseque for an unexcused absence to be treated (or "deemed") to be a fail even though "Fail" and "Unexcused Absence" are two different official results, and when it is deemed as a fail it has the oppressive consequence of the person losing an attempt.  And you think my discussion/speculation of the LSO Guidelines is akin to "legal advice".

 

No? Why would it be illogical or Kafkaesque (you keep using that word but I don't think you quite understand it). An unexcused absence is no different from someone showing up and failing to bubble a single answer and then handing in their test. That one would be a fail and the other might not be is actually illogical. We routinely have not showing up for things without an excuse treated as having failed to do something.