SUPREME COURT DISCIPLINES 27 ATTORNEYS 4/8/10

April 8, 2010
CONTACT: Karen Y. Kirksey; [email protected],
The Florida Bar


The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 27 attorneys, disbarring 13, suspending 11 and placing one on probation. Some attorneys received more than one form of discipline. Two attorneys were publicly reprimanded. Four were ordered to pay restitution.

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. 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 Web site.

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.

WHAT ARE THE STANDARDS FOR LAWYER DISCIPLINE?

When lawyers enter the practice of law in Florida, they obligate themselves to uphold the law and to abide by the Rules Regulating The Florida Bar. These rules of the Supreme Court of Florida specifically regulate the professional conduct of all lawyers. Those who violate these professional standards are subject to discipline.

However, lawyers are human. Sometimes they make mistakes. Some are more competent than others. Some are better communicators than others. A lawyer may lose the trust and confidence of a client for various reasons. Client dissatisfaction is not, by itself, grounds for discipline. A lawyer may be disciplined only for violating the standards of conduct set forth in the Rules Regulating The Florida Bar.

For lawyers, The Florida Bar operates an ethics hotline to offer guidance when a lawyer is unsure of the ethical obligations in a particular situation. For clients who are unsure if their lawyer has acted ethically or who are dissatisfied and wish to consider whether filing a complaint may be appropriate, The Florida Bar operates the Attorney Consumer Assistance Program (ACAP).

For information regarding disciplinary hearings in front of the Florida Bar, please contact Soreide Law Group at www.floridabarhearing.com or by phone at (888) 760-6552.  We represent those seeking admittance to the Florida Bar and exisitng lawyers in disciplinary actions.

What does the Florida Bar see as disqualifying conduct?

 

Pursuant to rule 3-11 a record manifesting a lack of honesty, trustworthiness, diligence, or reliability may constitute a basis for denial of admission. Any of the following may be considered by the board to be a basis for further inquiry before recommending admission:
  • Unlawful conduct
  • Academic misconduct
  • Making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the Bar Application, or any amendment, or in any testimony or sworn statement submitted to the board
  • Misconduct in employment
  • Acts involving dishonesty, fraud, deceit, or misrepresentation
  • Abuse of legal process
  • Financial irresponsibility
  • Neglect of professional obligations
  • Violation of an order of a court
  • Evidence of mental or emotional instability
  • Evidence of drug or alcohol dependency
  • Denial of admission to the bar in another jurisdiction on character and fitness grounds
  • Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
  • Any other conduct which reflects adversely upon the character and fitness of the applicant

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.

The Florida Board of Bar Examiners: The Use of and Rehabilitation at Formal Hearings

by Charles A. Stampelos

The scenario is this: You have graduated from college and you have finished two years of law school. You worked to earn good grades with the expectation that you will graduate and become a member of The Florida Bar. You will be taking the Florida bar examination in a year and are reviewing the bar application now.

As you study the lengthy application, your anxiety level soars because you are asked to reveal that you have misdemeanor convictions for burglary and theft, that you are in arrears on several credit cards and loans, and that you have numerous traffic violations, and your drivers license has been suspended.

You must advise the board of your mistakes and be absolutely candid in your explanation. A lack of truth and candor during the application process will land you in scalding water in the investigative and formal hearing process and possibly put you in another line of work.

After having disclosed these facts, you may expect the board to invite you to an investigative hearing. You are entitled to be represented by counsel or you may go alone. The investigative hearing is a serious matter. Treat it as such. It bears repeating: A lack of candor during the bar application process, including the investigative hearing, could lead to your not being recommended for admission.

After the investigative hearing, the board will make one of the following determinations:

(a) that [you] have established [your] qualifications as to character and fitness;
(b) that a Consent Agreement be entered into with [you] in lieu of the filing of Specifications pertaining to drug, alcohol or psychological problems. In a Consent Agreement, the Board shall be authorized to recommend to the Court the admission of the applicant who has agreed to abide by specified terms and conditions upon admission to The Florida Bar;
(c) that further investigation into [your] character and fitness is warranted;
(d) that Specifications be filed charging [you] with matters which if proven would preclude a favorable finding by the Board.

Fla. Bar Admiss. R. 3-22.5.

Based on the results of the investigative hearing, the board decides to file specifications (the charges) and you desire to contest them. You must answer them under oath. If you do not answer, the specifications are deemed admitted. Fla. Bar Admiss. R. 3-23, 3-23.1. Barring reaching a consent agreement as provided in Rule 3-22.5(b), you will proceed to a formal hearing. See Fla. Bar Admiss. R. 3-23.2 for a discussion of the formal hearing process, including but not limited to the notion that the “technical rules of evidence” do not apply. Witnesses can be subpoenaed by you and the board’s counsel. Pursuant to its procedures, the board will give you a copy of any exculpatory material and statements given to the board by witnesses who will testify live at the formal hearing. You may also obtain copies of the board exhibits to be offered at the formal hearing and copies of any documents you furnished the board during the application process, and copies of documents third parties (with their consent) furnished the board. However, except as noted here and in the admission rules, you are not entitled to a copy of the board’s investigative file. See generally Florida Board of Bar Examiners re: Interpretation of Article I, Section 14d of The Rules of the Supreme Court Relating to Admissions to the Bar, 581 So. 2d 895 (Fla. 1991); Fla. Bar Admiss. R. 1-60-1-64 regarding the scope of confidentiality of the application process.

Your formal hearing will be conducted before a quorum of the board which shall consist of not less than five members of the board and will not include any member who participated in the investigative hearing. This provision may be waived with your consent. Fla. Bar Admiss. R. 3-23.2.

If you have committed one or more acts of misconduct, you may be facing an investigative or formal hearing.  In order to have any reasonable expectation of gaining admission, you must plan ahead and develop a plan and begin your rehabilitation now.

Soreide Law Group represents those seeking admittance to the Florida Bar in investigative hearings, and formal hearings. To speak to a lawyer please call: (888)760-6552 or visit our website at www.floridabarhearing.com.

Does the Florida Bar have a conditional admission program for applicants with drug, alcohol, or psychological problems?

Under the rule 3-22.5 (b), Rules of the Supreme Court Relating to Admissions to The Bar, the board will make the determination that a Consent Agreement be entered into with an applicant in lieu of the filing of Specifications pertaining to drug, alcohol, or psychological problems. Admission to The Florida Bar under the terms of a conditional admission is confidential.

Substance Issues
In a Consent Agreement, the board is authorized to recommend to the Court the admission of the applicant who has agreed to abide by specified terms and conditions on admission to The Florida Bar. The conditions will include:

  • prohibiting all use of alcohol and controlled substances;
  • requiring participation in Florida Lawyers Assistance, Inc. (FLA); and,
  • random screenings for alcohol and controlled substances.

Acceptable Documentation of Sobriety
The board requires applicants to demonstrate in a reasonable period of sobriety (abstinence) prior to conditional admission. Six months is presumed to be reasonable. Documentation of sobriety is made through verification of completion of a treatment program that includes random testing through records documenting compliance with a FLA contract.

To document a period of sobriety prior to admission:

  1. Contact FLA for assistance.
  2. Enter into a contract with FLA.
  3. Forward a copy of the FLA contract to the board.
  4. Arrange for FLA to provide documentation to the board beginning immediately and continuing until all portions of the admissions process are successfully completed.

Length of Conditional Admission
The board’s policy on length of conditional admission in substance abuse/dependence cases is a 1-5 year period, depending on individual circumstances.

Mental Health
The Florida Board of Bar Examiners must assess effectively the mental health of each applicant. A lawyer’s untreated or uncontrolled mental disorder, if severe, could result in injury to the public. The board assures each applicant that the Supreme Court, on the board’s recommendation, regularly admits applicants with a history of both mental ill-health and treatment by mental health professionals. The board considers satisfactory mental health to include: (1) the current absence of an untreated, uncontrolled mental illness that impairs or limits an applicant’s ability to practice law in a competent and professional manner; and (2) the unlikelihood of  relapse of such a prior mental illness. With respect to either, the evidence of treatment by a mental health professional is useful. The board encourages applicants to seek the assistance of mental health professionals, if needed.

Consent Agreement
In a Consent Agreement, the board is authorized to recommend to the Supreme Court of Florida the admission of the applicant who has agreed to abide by specified terms and conditions on admission to The Florida Bar. The conditions will include:

  • consult with a licensed mental health provider at least quarterly, or more frequently as such or mental health provider deems necessary;
  • follow all instructions by the mental health provider;
  • have the mental health provider submit quarterly reports to The Florida Bar during the entire probationary period;
  • have the mental health provider immediately notify The Florida Bar if the applicant misses a scheduled appointment without prior rescheduling; and,
  • have the mental health provider submit quarterly sworn statements to The Florida Bar during the entire probationary period attesting to the applicant’s compliance with the conditions.

Length of Conditional Admission
The board’s policy on the length of conditional admission in mental health cases is from 1 year to an indefinite period, depending on individual circumstances.

For further information relating to conditional admission requirements, refer to the Rules of the Supreme Court Relating to the Admissions to The Bar.

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

SUPREME COURT DISCIPLINES 30 ATTORNEYS

December 7, 2009
The Florida Bar
The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court, in recent court orders has disciplined 30 attorneys, disbarring nine, suspending 17 and placing four on probation. Some attorneys received more than one form of discipline. Four attorneys were publicly reprimanded. Three were ordered to pay restitution.

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 87,000-plus lawyers admitted to practice law in the state of Florida. Since Aug. 1, 2007, case files have been posted to the attorneys’ individual Florida Bar profiles.

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 .

What rights does a bar applicant have when appearing before the board for a formal hearing?

After completing its background investigation of a bar applicant, which may include the applicant’s appearance at an investigative hearing, the Florida Board of Bar Examiners can do one of the following:
  • Recommend the applicant’s admission to the Supreme Court of Florida
  • Enter into a consent agreement with the applicant providing for the applicant’s conditional admission
  • Conduct further investigation into the applicant’s character and fitness
  • File Specifications (a document that contains formal allegations of misconduct that, if proven, could result in an unfavorable recommendation by the board)

The filing of Specifications triggers certain procedural rights that are designed to provide the applicant with due process and to ensure the fairness of the process. Applicants are entitled to the following:

  • A formal hearing (adversary proceeding) before a panel of the board consisting of no less than five members
  • The hearing panel cannot include any member who once previously participated in an investigative hearing for such applicant, except with the applicant’s consent
  • Representation by legal counsel
  • Timely release of witness and exhibit lists by the parties
  • Access to the board’s subpoena powers
  • Cross-examination of witnesses who are called to testify against the applicant
  • Presentation of witnesses and exhibits on the applicant’s behalf (technical rules of evidence are not applicable during a formal hearing)

Following the formal hearing, the panel will render its decision based solely on the evidence introduced into the record at the formal hearing. If the panel recommends that the applicant not be admitted, then written Findings of Fact and Conclusions of Law are prepared and filed. A bar applicant who has received an unfavorable recommendation from the board may seek review of such recommendation before the Florida Supreme Court.

Soreide Law Group represents those seeking admittance to the Florida Bar in investigative hearings, and formal hearings. To speak to a lawyer please call: (888)760-6552 or visit our website at www.floridabarhearing.com.

SUPREME COURT PERMANENTLY DISBARS SCOTT ROTHSTEIN

November 25, 2009
CONTACT: Francine Andía Walker, APR, CPRC,
The Florida Bar

TALLAHASSEE—The Florida Supreme Court has permanently disbarred Ft. Lauderdale attorney Scott W. Rothstein. The Florida Bar sought Rothstein’s voluntary consent to permanent disbarment on November 5, 2009, for failing to comply with Florida Bar Rules that are relating to client trust accounts.

The Florida Bar will continue to actively investigate any violations of its rules by other attorneys who may have been involved in this case, and will continue to work with the receiver and the other investigating agencies to protect the interests of the clients.

 
“Even though we could not comment initially, the Bar has been diligently working on these disbarment proceedings,” said Florida Bar President Jesse H. Diner. “We are satisfied that after learning about the situation in early November, the Bar’s case against Mr. Rothstein has been swiftly brought to conclusion.”

“I hope the public understands that one example of a lawyer being dishonest, no matter how serious the charge, should not tarnish the reputation of the many lawyers who work diligently to serve their clients’ best interests,” Diner said. “Virtually all lawyers who have spoken to me about this situation have been outraged by the debacle created by Mr. Rothstein and his firm.”

For information regarding disciplinary hearings in front of the Florida Bar, please contact Soreide Law Group at www.floridabarhearing.com or by phone at (888) 760-6552.  We represent those seeking admittance to the Florida Bar and exisitng lawyers in disciplinary actions.

SUPREME COURT DISCIPLINES 21 ATTORNEYS 1/29/10

The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court in recent court orders has disciplined 21 attorneys, disbarring seven, suspending 10 and placing two on probation. Some attorneys received more than one form of discipline. Four attorneys were publicly reprimanded. Three were ordered to pay restitution.

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 87,000-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 Web site, www.floridabar.org.

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion will not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission to the Florida Bar 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, in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.