Law Students

Resident Evil[ness]

Having finally concluded what became quite a battle of wits with the UC Berkeley Residency office, I feel I should pass on some lessons learned. If I were still an out-of-state 0L, hoping to skate through the residency petition process come spring, I would make sure I addressed the following housekeeping items, now:

Before You Matriculate This Fall

Obtain a physical California mailing address (not a PO box). Then obtain a CA driver's license, register to vote with your CA address (can be done in conjunction with the driver's license), and register your vehicle to your new CA address. Call your bank to make sure your statements reflect your new address. Make sure your employer sends your CA address to the IRS when they submit your tax information. (It took about a week to explain why my W2's were mailed to Idaho.)

Each of these things must be done one year before the date upon which you wish to be declared a resident. So, that means one year before the first day of school in the fall of 2009.

After Schools Begins

Vote in California. Pay CA income tax on any taxable earnings after school starts. Contrary to what some of the brochures say, it is okay if you want to work outside the state of CA during your 1L summer, but if so, then you must document that you were present in Berkeley during all of the academic holidays (Thanksgiving, Christmas, and Spring Break) by submitting credit/debit card receipts. Note that creative Boalties draw a distinction between documenting their presence, and being physically present -- use your imagination.

During The Residency Petition Process

Here is a copy of the this year's "Statement of Legal Residence Documentation Checklist" for law students. It is essentially the cover sheet for your application. Check every box, fill out every bubble, and do your best to follow the instructions to the letter. Any inconsistency will prompt telephone calls at inconvenient times, during which you will be aggressively asked rude and demeaning questions by someone substantially less smart than you.  It's a drag.  And it can be very awkward if you are, say, on a date. Hypothetically speaking.

My impression (after what felt like dozens of requests for further documentation) is that the best way to skate through is by going to great lengths to avoid the attention (and attendant ire) of that first little bean counter tasked with screening your application. You want to create the impression of a non-memorable, clear-cut, slam-dunk case, and you want to create that impression early on. In that respect, it's a little like a summer internship, boot camp, or law school -- the most favorable initial impression is the unremarkable one.

Full post as published by Nuts & Boalts on July 14, 2008 (boomark / email).