As an experienced Florida Bar Hearing Defense Attorney, I know that after ever investigative hearing before the Florida Board of Bar Examiners, there can be a range of outcomes. The worst outcome is the filing of specifications and the applicant having to advance to a formal hearing before the board. When the conduct is bad but not quite egregious enough to warrant a hearing that takes up the board’s time and resources, they can ask you to do anything from community service to writing a brief. The brief would be on a topic that is relevant to your specific perceived misconduct.  I’ve seen topics ranging from candor to financial responsibility. For example, after a complex hearing with multiple issues spanning decades, one of the last clients I represented before the board was given an opportunity to write a brief in lieu of specifications being filed.

The board requested the following (some is redacted to protect client privacy):

“The board requires a 20-page brief, double-spaced and 14 point Arial font, prepared by your client, signed, and filed with the board. The brief must conclude with a declaration stating: “Under penalties of perjury, I declare that I have read the foregoing brief, that the facts stated in it are true, and that the work in this brief is my own.”

The brief should address your client’s understanding of candor, including discussions specifically about candor to tribunals, such as the board of bar examiners, and as it relates to the following: (1) your client’s own past behavior as it relates to failure to disclose on the law school application, arrests for driving under the influence, and charges for driving with a suspended license, (2) the practice of law and the obligation of an attorney to tell the truth, (3) the Rules of the Supreme Court Relating to Admissions to the Bar and the need for candor by bar applicants and the Rules Regulating The Florida Bar on the need for candor in communicating with clients and courts, including citations and explanations of applicable judicial decisions interpreting those rules.

The brief must be received within 30 days from the date of this letter. If your client is not interested in filing a brief, notify the board in writing. If additional time is needed to submit the brief, request an extension of time in writing before the expiration of the deadline. If neither an extension request nor a brief is received within 30 days of the date of this letter, the board will proceed with final consideration of the bar application based on the record currently before it, which may include termination of the application.”

In this circumstance my advice would be to take the offer, write the brief, and become a lawyer. However, an experienced attorney will be able to anticipate what the issues are that the Board of Bar Examiners are concerned with that relate to your character and your specific situation. We can have you do this in advance to show the board you already know what is expected and required of you as an attorney. This saves the applicant time and promotes goodwill with the board and shows them that you possess the requisite good character and fitness today as you appear before them to be admitted to the Florida Bar. For more information or questions on formal or informal character hearings before the Florida Board of Bar Examiners call Soreide Law Group at 888-760-6552.