Have to disclose a fail bar result to articling firm?

[Law123456789]

Posting on behalf of a friend who doesn't have an account - Do you need to disclose to your firm if you failed the bar if they have not asked? 

[Ramesses]

Depending on the province, the firm is notified directly by the law society.

Also, if I found out my student lied or misled me I would definitely not hire them back. 

Edited August 25, 2023 by Ramesses
spelling and additional comment

[frankconners]

Not aware that the LSO in Ontario informs the firm directly.

That being said, I echo the sentiment that if you are directly asked about it, I would not lie or mislead them. If they do not ask however, nothing necessarily obligates you to inform them as passing the bar is generally not a prerequisite for articling, only for your Call to the Bar.

[Law123456789]

@Ramesses @frankconners It is in Ontario & the firm has not asked. Wanted to know if you have to disclose it and bring it up before they ask.

[Aschenbach]

While you don't have to, I think to maintain a healthy articling relationship, your friend should consider disclosing. Your friend will have to study for the bar exam again and having an employer who knows of the situation could help. I've had a few friends tell their principals they failed the BC bar and they were, in all instances, quite understanding, although YMMV. In any event, it's better to control the narrative than be caught off guard when your friend gets asked if they passed. 

[Diplock]

22 hours ago, Law123girl said:

Posting on behalf of a friend who doesn't have an account - Do you need to disclose to your firm if you failed the bar if they have not asked? 

Well, unless you plan on lying at some point soon about how you're a lawyer now when you really aren't...yeah. It is going to come up.

Edit. Hmm. I forgot most people write the bar exams prior to acticling. I have a student right now who did not and I got confused. Different answer then. For purely selfish reasons, you would want to bring it up. If you need to rewrite during articles it will be extremely hard to do that without taking some time off. And anyone who failed the first time is not in a position to mess around. Your friend will need some accommodation around this. For that reason alone, regardless of what is or is not required, you want to be open about it.

Edited August 26, 2023 by Diplock