In what circumstances have courts found that counsel at issue made false representations to obtain admission to practice law without having to take the bar examination?

In United States v. Novak, 903 F.2d 883 (2d Cir. 1990), the counsel at issue made false representations which led to his admission to practice law in New York State without having to take the bar examination. Id. at 885. Among the pertinent facts which this court examined were the facts that the counsel left law school upon being "dropped for poor scholarship," and, prior to leaving law school, "he had failed 6 . . . hours [of courses] and received unsatisfactory grades in an additional 22 hours." Id. In determining that the representation by counsel at issue was per se insufficient under the Sixth Amendment, we said that