Social Networking Sites Can Affect Your Legal Career in Florida

SEBRING – Recently, in a Tampa Bay newspaper article, Brad Dikerson wrote that it boasts over 500 million users and is one of the most popular ways to stay in touch with family and friends in the 21st century.

These sites are accessed in a public domain and, therefore, certain comments that are posted on, say, a county official’s Facebook page, can be subjected to the state’s Sunshine laws.

But one of Facebook’s downsides is the harm it can potentially cause to public officials, those in the court system and also the media.

“Social networking sites can impact open government, and that’s both sides of open government,” said Jim Rhea, director of Florida’s First Amendment Foundation.

Public records include not only documents, papers and letters, but all other material, “regardless of physical form, characteristics or means of transmission,” according to Rhea.

This broad, encompassing definition of what exactly constitutes a public record was added back in the 1990s, as the world was entering the computer age, and electronic communications were as frequently used as the telephone, according to Rhea.

Things that a private resident might post on their Facebook page or a friend’s would ordinarily not have any impact. However, Rhea said, if several county commissioners were all “friends,” and making posts or sending e-mails about county affairs, then they would be in violation of Sunshine laws.

“Even if this is your private page, you’re still dealing with the transaction of official business,” he said.

Rhea added that there have been situations where officials try to delete these correspondences. Again, they would find themselves in violation because those e-mails and Facebook posts are now public records.

The issue of public records again came into the fold, especially since the defendants in Teen Court are all juveniles and, therefore, their identities are kept confidential, according to Germaine.

Jerome Kaszubowski, who works in the local clerk’s office, said he researched the possibility of establishing a Facebook page almost 10 months ago. One of the biggest issues was over public records in relation to social networking sites.

Concerns included what could happen if someone who had access to the clerk’s page got on and left possibly inflammatory comments.

“There’s no telling what kind of junk that people could throw out there,” Kaszubowski said.

Lawyers have certain guidelines they must follow when it comes to social networking sites, as directed by the Florida Bar Association.

They are allowed to have the sites, as long as they are used “solely for social purposes,” according to the Bar’s guidelines.

If a page appears on a site such as Facebook and is used to promote an attorney or firm, it is subject to all lawyer advertising rules, which include no misleading information and no “visual or verbal portrayals that are false, misleading, manipulative or confusing.”

Florida judges are a different matter. In November, a Judicial Ethics Advisory Committee of the Florida Supreme Court issued opinions on a number of issues related to social networking sites.

One of those was whether a judge may add attorneys as “friends” on his or her social networking site, and whether lawyers could, in turn, add them.

The committee said no on this issue.

In reviewing it, the committee found that by judges adding attorneys as Facebook “friends,” they would be in violation of one of the court’s canons, according to the opinion dated Nov. 17, 2009.

That canon states, “A judge shall not lend the prestige of judicial office to advance the private interests of the judges or others, nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge.”

In its opinion, the committee thought that judges having lawyers as friends on their social networking site would give the impression, “that these lawyer ‘friends’ are in a special position to influence the judge.”

An evolving medium

While there are numerous advantages to social networking sites, those in positions of governing, judging and newsmaking have to be increasingly careful that they adhere to all rules relating to public records and public information.

As more and more users flock to sites like Facebook, those rules will continue to evolve and what is considered public and private information will undoubtedly change.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.

FLORIDA BAR WARNS PUBLIC ABOUT UNETHICAL LAWYERS ESPECIALLY REGARDING THE GULF OIL SPILL.

It was reported in the Historic City News of St. John’s County, FL, that reporters have received an advisory from The Florida Bar regarding the gulf oil spill and their commitment to protect the public from unethical lawyers as well as non-lawyers offering legal representation.

To assist legitimate disaster victims who may need legal representation, there are several guides in the Public Information section of www.floridabar.org , including “Mass Disaster – A Victim’s Guide,” “A Consumer Guide to Client’s Rights,” “How to Find a Lawyer in Florida” and “Who Should I Hire to Help Me with My Legal Problem.”

Although to date there have been no recorded injuries to St. Johns County’s coastline, The Florida Bar is aware that there are unethical lawyers and non-lawyers offering legal representation under the pretense of consumer advocacy “watchdogs” or “whistleblowers” when, in reality, their true purpose is to instigate frivolous actions and defraud their clients of their time and money.

Floridians looking for a lawyer should make sure the person they are considering is eligible to practice in our state. This can be done by going to www.floridabar.org and using the Find a Lawyer feature in the blue bar at the top of the page. The search will link to a profile page that lists the lawyer’s eligibility to practice, address, Bar number and, in some cases, areas of legal practice. If you have questions about a lawyer’s status, call the membership records department at The Florida Bar toll-free at 1-866-854-5050.

Although there are limited circumstances when lawyers who are not licensed to practice in Florida may be authorized to appear in court, out-of-state lawyers may not be able to represent you. Consumers must also be cautious about non-lawyers or organizations that offer to provide legal representation. If you believe a person offering legal representation is not a lawyer or is not eligible to practice law in Florida, call The Florida Bar Unlicensed Practice of Law Department toll-free at 1-800-342-8060, extension 5840.

Bar-sponsored lawyer referral services are also available statewide; for a referral please call toll-free 1-800-342-8011.

Lawyer Conduct:
In the event of a disaster, such as the current oil spill, The Florida Bar is on high alert for violations of its rules especially with regard to solicitation. The Florida Bar will also be vigilant in investigating all complaints filed against individual lawyers who may be in violation of the solicitation rules.

Lawyers cannot mail solicitations within 30 days of a disaster causing personal injury or actual property damage, however, the 30-day rule does not apply if the only damages are economic. Direct mail solicitations must comply with the bar’s lawyer advertising rules and be filed with The Florida Bar for review. Fees from solicitation are subject to forfeiture in cases involving violations of the advertising rules.

Solicitation, whether by a lawyer personally or by someone else on his or her behalf, is prohibited, according to Bar Rule 4-7.4. Solicitation includes any direct contact face-to-face, by telephone, by fax or telegraph. It includes passing out business cards or other law firm information.

Volunteer lawyers who are offering their services to victims at no charge do not violate the anti-solicitation rule.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

Florida Lawyers Assistance

Florida Lawyers Assistance, Inc. is a non-profit corporation formed in 1986 in response to the Florida Supreme Court’s mandate that a program be created to identify and offer assistance to bar members who suffer from substance abuse, mental health, or other disorders which negatively affect their lives and careers (Bar Rule 2-9.11). Florida Lawyers Assistance or FLA receives it’s funding from The Florida Bar, however it is an independent organization.

It is of utmost importance to the FLA to the protect the confidentiality for those attorneys who contact FLA for help. Confidentiality in voluntary cases is protected by a written contract with The Florida Bar which guarantees the confidentiality of FLA records, as well as by Bar Rule 3-7.1(j), Chap. 397.482-486, F.S., and other state and federal regulations. Law students, attorneys, judges,  and support personnel who seek the assistance of FLA need not worry that FLA will report them to the Bar, the Board of Bar Examiners, or their employer. Information is shared only if the participating individual signs a waiver of confidentiality. FLA’s primary purpose is to assist the impaired law student, attorney, or judge in his or her recovery.

It is of importance to note that Florida Lawyers Assistance takes the firm position that substance abuse, compulsive behavior, and psychological problems are treatable illnesses rather than moral issues. Their experience has shown that the only stigma attached to these illnesses is an individual’s failure to seek help. FLA believes it is the responsibility of the legal community to help their colleagues who may not recognize their need for assistance.

Support Meetings

Through its over 300 volunteer legal professionals, there are over 30 weekly support groups throughout Florida for lawyers, judges, and law students. Some of the groups focus on substance abuse and are attended by legal professionals in recovery or who want to learn more about the recovery process. Other groups deal with mental health issues or dual disorders. These groups meet each week for approximately one hour.

For those dealing with mental health issues such as stress, anxiety, depression, bi-polar disorder, dual diagnoses, or other compulsive disorders, FLA also sponsors support meetings. These meetings are run by licensed mental health professionals to whom a nominal fee is paid by the participants. As with the chemical dependency support meetings, the groups are confidential unless reporting is a requirement of a probation or conditional admission.

Judges, attorneys, and law students recovering from substance abuse, or those who are interested in entering the recovery process, are invited to attend an FLA attorney support meeting whether or not they have disciplinary or bar admission problems or not. Particular issues affecting the recovering lawyer and the maintenance of their recovery while dealing with the pressures and ethical questions in the practice of law or the bar admission process are regularly discussed. The groups are confidential, and no record of attendance or issues raised is reported to FLA or to the Bar (unless required by terms of probation or conditional admission).

If your drug and alcohol abuse problems have created an issue with the Florida Bar or the Florida Board of Bar Examiners you should speak to an experienced Florida Bar defense lawyer to obtain more information on Florida Lawyers Assistance. Call (888) 760-6552 for a free consultation.

Investigative Hearings before the Florida Bar Examiners

A law student who feels they might be called for an investigative hearing should file his or her application for admission to the Bar as soon as possible.  The numbers of applicants who are being called for hearings is increasing.  Remember, third-year students will have their Bar admission delayed if these steps have to be taken after taking the Bar Exam.  

If you receive a letter requesting appearance at an investigative hearing, respond immediately to request the time and venue of the hearing, you may also at this time choose to consult with counsel.

Remember, your responses on the application for admission to your law school must conform with those on your application for admission to the Bar, and both must conform to what the Board of Bar Examiners will discover in their investigative process.

Some of the typical problem areas include, but are not limited to, the following:

  • Failure to report any academic probation/suspension at another institution
  • Failure to report disciplinary measures taken at another institution, including, but not limited to any dorm warnings, sanctions imposed such as requirements to take a course, pay a fine, write a paper, etc.
  • Failure to report “minor” events such as minor in possession, underage drinking, open container violations, etc.
  • Failure to report traffic offenses where the actual paid fine was in excess of $200
  • Failure to report incidents that occurred after your original law school application was filed
  • Failure to report incidents that occurred in law school, including, but not limited to stadium events and any of the above that may have occurred in law school.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

SUPREME COURT DISCIPLINES 20 ATTORNEYS 5/25/10

On May 25, 2010,The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court in recent court orders disciplined 20 attorneys, disbarring six and suspending eight. Some attorneys received more than one form of discipline. Five attorneys were publicly reprimanded and three were placed on probation.

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, less than 5 percent of disbarred lawyers seek readmission.

As an official agency of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 88,000-plus lawyers admitted to practice law in Florida.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

FLORIDA SUPREME COURT DISCIPLINES 28 ATTORNEYS 4/29/10

It was announced through The Florida Bar, the state’s guardian for the integrity of the legal profession, that the Florida Supreme Court in recent court orders disciplined 28 attorneys, disbarring seven and suspending 18. There were some attorneys who received more than one form of discipline. Three attorneys were publicly reprimanded. Two were ordered to pay restitution.

As reported in The Florida Bar, as an offical agency of the Florida Supreme Court, the Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 88,000-plus lawyers admitted to practice law in Florida. Since Aug. 1, 2007, case files have been posted to attorneys’ individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar’s website, www.floridabar.org.

The court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

72% in Florida pass the Bar Exam in February

The Florida Board of Bar Examiners released the results from the most recent bar exam given in February, 2010, on April 12th. The following statistics were published in the May 1, 2010 issue of The Florida Bar News.

A total of 812 people took the exam, 416 from out-of-state and the remainder in-state graduates. The FBBE also said 902 took the Multistate Professional Responsibility Exam in March, 180 from out-of-state and the remainder from the 11 Florida law schools.

As for the other 10 Florida law schools, law graduates from Florida State University passed the exam at an 84.8 percent clip. The only other schools to have more than 80 percent of its students pass the bar were Nova Southeastern and the University of Florida.

Of the schools with multiple graduates sitting for the exam, FSU led the way with 28 of its 33 graduates passing or 84.8 percent. NSU was next with 23 of 28 test-takers passing or 82.1 percent. UF was next with 30 of its 37 graduates passing or 81.1 percent. The University of Miami was next, with 31 of its 43 graduates passing, or 72.1 percent. Next was Florida International University, where 25 of 35 graduates passed, or 71.4 percent.

Of the other law schools: 50 of Stetson University’s 74 students passed the exam, or 67.6 percent; 18 of 28 graduates from Barry University passed, or 64.3 percent; 21 of 33 students from St. Thomas University passed, or 63.6 percent; 39 of 64 graduates from Florida Coastal University, or 60.9 percent; 11 of 20 from Florida A&M University passed, or 55 percent.

Three hundred and nine of the 416 applicants from out-of-state law schools passed, or 74.3 percent. Overall, 72.2 percent of those who took Parts A and B passed. That figure was 84.5 percent for the MPRE portion of the exam. Passage rates by school were 92.6 for UF; 90 percent for Stetson; 89.5 percent for NSU; 88.2 percent for FSU; 87.2 for UM; 86.1 for FIU; 77.2 for Florida Coastal; 76.9 percent for St. Thomas; 70.5 percent for FAMU; 70 percent for Barry U.; and 66.7 percent for Ava Maria. The rate was 85.3 percent for out-of-state test-takers.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

Investigative Hearings before the Florida Bar

If  you’ve been called for an Investigative Hearing before the Florida Board of Bar Examiners, these are some of the facts you should know. 

The hearings are held throughout the year, usually on Fridays and Saturdays and can last as little as 10 minutes, or can last over a hour.

There are many reasons why the Florida Board of Bar Examiners requests an Investigative Hearing. Some of them include, prior criminal arrests, non-disclosure issues on the Bar application and/or law school application, financial issues including taxes, child support, judgments, litigation issues, and any other questionable issues on your application.  There also may be other reasons the Board needs to speak to you after they have done their investigation.

Once you’ve been sent a notice to appear before the Board, there are many things to take into consideration when preparing.

You will usually receive a choice of three different hearing dates.  Make sure you are well prepared before going into the hearing.  Do not choose the first date to “get it out of the way.”  Only choose the date that you feel you are ready for, because if you don’t do it right the first time at the Investigative Hearing it could result in a future Formal Hearing.  Prepare yourself for the hearing.  Make sure you have gone over your facts and issues and have prepared yourself for any questions that may come your way.  Make sure you are going in with the proper attitude and professional mannerisms.

Do not play the blame game.  This is very serious. When you are called in front of the Board you must take it seriously and take responsibility for your past.  Do not blame others.  It is a priviledge to be admitted to the bar, not a right.

Always make sure what you say on your Bar Application is the truth.  You don’t want to hear from the Board, “That’s not what was on your Bar Application.”

If you have been called for an Investigative Hearing and you are an attorney from another state with discipline issues, let the Board know what you did, how it violated Florida rules, and why you want to practice in Florida.

Honesty is ALWAYS the best policy.  Never lie to the Board.  Remember that the Board is determining your character and whether you are fit to practice law.  

Soreide Law Group wants you to know that if you’ve been called before the Florida Bar for an Investigative Hearing we will represent you at the hearing and help you navigate through the process.  It can be very daunting and your future is on the line. 

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.

Will Social Networking Sites have an Adverse Affect on your Bar Application?

The Florida Board of Bar Examiners voted to review applicants’ social networking sites on a case-by-case basis, focusing on those who have demonstrated problem conduct in the past, reports the Florida Bar News.

A growing number of employers and agencies are surfing the Internet to access social networking sites like Facebook and MySpace to look for adverse information about applicants.

The board plans to avoid an up-front request to all applicants for access, explaining in a report to the Florida Supreme Court that “in reaching this policy, the board reasoned that if applicants are required to provide access to their social websites, they are likely to delete any derogatory material before staff has the opportunity to review it.”

The following was taken from an article by Jan Pudlow in the Florida Bar News:

The Board of Bar Examiners did adopt the policy that investigation of social networking Web sites should be conducted for the following bar applicants:

• Applicants who are required to establish rehabilitation under Rule 3-13 “so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;”

• Applicants with a history of substance abuse/dependence “so as to ascertain whether they discussed or posted photographs of any recent substance abuse;”

• Applicants with “significant candor concerns” including not telling the truth on employment applications or resumes;

• Applicants with a history of unlicensed practice of law (UPL) allegations;

• Applicants who have worked as a certified legal intern, reported self-employment in a legal field, or reported employment as an attorney pending admission “to ensure that these applicants are not holding themselves out as attorneys;”

• Applicants who have positively responded to Item 27 of the bar application disclosing “involvement in an organization advocating the overthrow of a government in the United States to find out if they are still involved in any related activities.”

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.

RULE 11-1.10 CERTIFICATION OF MEMBERS OF OUT-OF-STATE BARS

Lawyer Regulation

Rules Regulating The Florida Bar

11 RULES GOVERNING THE LAW SCHOOL PRACTICE PROGRAM
11-1 GENERALLY

(a) Persons Who Are Authorized to Appear. A member of an out-of-state bar may practice law in Florida pursuant to this chapter if:

(1) the appearance is made as an employee of the attorney general, a state attorney, a public defender, or the capital collateral representative; and

(2) the member of an out-of-state bar has made an application for admission to The Florida Bar; and

(3) the member of an out-of-state bar submits to the jurisdiction of the Supreme Court of Florida for disciplinary purposes; and

(4) the member of an out-of-state bar is in good standing with that bar and is not currently the subject of disciplinary proceedings.

(b) Term of Certification. The maximum term of certification under this section shall be 12 months from the date of certification; provided, that the certification may extend beyond 12 months if the certificate holder has passed the Florida bar examination and is awaiting the results of the character and fitness evaluation of the Florida Board of Bar Examiners. Certification may be withdrawn in the same manner as provided for the withdrawal of certification by a law school dean.

(c) Termination of Certification. The failure to take the next available Florida bar examination, failure of any portion of the Florida bar examination, or denial of admission to The Florida Bar shall terminate certification hereunder.

Soreide Law Group represents lawyers in front of the Flordia Bar and also those in need of representation for an investigative hearing or formal hearing during the admittance process. To speak to an attorney please  call: (888) 760-6552 or visit our website at: www.floridabarhearing.com .