Florida Bar Defense Lawyer Formal Hearing Tip of the Month for October

After an investigative hearing before the Florida Board of Bar Examiners, if they determine that that you may have engaged in conduct that is potentially disqualifying, the Board will then file specifications against you. These specifications require an answer within 20 days. In the answer you are allowed to plead your affirmative defenses to the accusations. If the affirmative defense of rehabilitation is not correctly plead then it is waived.
It is the Applicants burden at the formal hearing to prove rehabilitation by the clear and convincing evidence standard.  This standard is not defined anywhere and is up for interpretation as to how much rehabilitation needs to be documented for each offense. Community service is one way to document rehabilitation, but the more narrowly tailored the rehabilitation efforts are to the offense, the better it will be received by the board.
Also, at the formal hearing you are allowed to offer live character witnesses to appear before the Board to testify on your behalf. A formal hearing is a full blown trial where the Board is making arguments through their counsel to keep you out of the Bar. This can be a scary and daunting process for any applicant.  If you have a formal hearing before the Florida Board of Bar Examiners it is highly recommended your consult with an attorney.
Call the Soreide Law Group at (888) 760-6552 for a no cost consultation with an experienced Florida Bar Defense Attorney if you have an upcoming Investigative or Formal hearing with the Florida Bar. We travel to all locations throughout Florida to appear before the Board of Bar Examiners.

Florida Bar Defense Attorney Hearing Tip of the Month

Having just returned from the Orlando meeting before the Florida Board of Bar Examiners, I think it is important to emphasis to applicants the importance of fiscal responsibility.

The Florida Board of Bar Examiners is not a debt collection agency nor do they work for your creditors. If you are admitted as an attorney in Florida, you can immediately open a trust account and will be responsible for managing the account and making sure you follow all the bar rules concerning trust accounting. It is clearly a red flag if as a non-attorney applicant there is strong evidence of not being able to manage your own financial affairs.

One particular creditor the Florida Bar does not want to see you turn your back on is the Internal Revenue Service. If you owe the IRS money and you can’t afford to pay them at the time, make a payment plan or offer what you can afford. If anything, this at least evidences some financial responsibility that you can resolve your own debts and come to a resolution.

Many times creditors will accept pennies on the dollar and I work with and advise my Florida Bar hearing clients on how to resolve the vast majority of their debts prior to their hearing. While sitting before the Board it is best to not have anything delinquent.

For more information speak to a Florida Bar hearing defense lawyer at the Soreide Law Group.  We represent those seeking admittance to The Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of The Florida Bar. Please call (888) 760-6552.

The Florida Board of Bar Examiners Scheduled Hearings 2014 – 2015

The following is a list of the meetings scheduled for the upcoming hearings before the Florida Board of Bar Examiners. We will be traveling to each hearing location for our clients, and if you would like to discuss representation at any one of these upcoming hearing dates, call  Soreide Law Group at (888) 760-6552 for a consultation with an attorney at no cost.
                      2014
September  18th. through the 20th.      Orlando
October       23rd. through the 22nd.     Tampa
                    2015
January      15th. through the 17th.        Tallahassee
March         12th. through the 14th.       To be decided
April           16th. through the 18th.       Coral Gables
May             7th.   through the  9th.       Tampa
July             9th.   through the 11th.       Orlando
September 17th. through the 19th.        Jacksonville
October      22nd through the 24th.       Coral Gables
November  19th. through the 21st.        Tampa

Florida Board of Bar Examiners Investigative Hearing Defense Attorney Tip for the Month of July

Recently I returned from successfully representing three applicants before the Florida Board of Bar Examiners in Jacksonville, Florida.  All three were admitted, but what stood out in my mind from the trip, was  a question one of the Panel members asked one of my clients. The applicant (happily now a Florida attorney), was asked by a Panel member to, “rank in order of importance the reasons why you think we called you here.” I thought that was a great question, and had my client not been adequately prepared and ready to go, might have blown it.
The notice of Investigative Hearing listed items dating back to the teenage years of the Applicant, ranging from a number of offenses. The one thing that the Applicant was correct in pointing out was that the Board cared the most about the non-disclosure of one of those events on the Florida Bar Application. The Board knows that all Applicants have at some point in their lives had some trouble whether criminal, financial, academic, with an employer, or otherwise. They care more about that as a law student, or lawyer applicant from another jurisdiction, that you would potentially hide one of those infractions from them which is clear evidence of a lack of candor. It is important to consult an experience attorney before attending a hearing before the Board so you are not caught off guard with a question like this.
If you have an upcoming Investigative or Formal hearing with the Florida Bar, call  Soreide Law Group at (888) 760-6552 for a consultation with an attorney at no cost. We travel to all locations throughout Florida to appear before the Board of Bar Examiners.

What is “Disqualifying Conduct” When Applying to the Florida Bar?

The following information was obtained on the Florida Board of Bar Examiners website. The result of the conduct listed here is often the reason our firm is called on when an Investigative or Formal hearing is requested by the Board of Bar Examiners.

“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”

This ends the information obtained on the Florida Board of Bar Examiners website.

Soreide Law Group represents those seeking admittance to the Florida Bar, and existing attorneys, for both Investigative Hearings and Formal Hearings before the Florida Bar. For more information about our services please call (888) 760-6552.

Florida Bar Investigative Hearing Defense Attorney Tip of the Month June 2014

Are out of state attorneys applying to the Florida Bar subjected to a higher level of scrutiny than first time applicants? There is no quantifiable data that can answer this question, but it is my opinion that yes they are.
Having personally represented over a hundred applicants before the Board, I see out-of-state attorneys applying to the Florida Bar for the first time, being called in for investigative hearings for what would normally not spark any further inquiry for first time new lawyer applicants. The logic behind this may be that retirees, typically from up North, who move down here should retire, and the Bar has an interest in retirees not “hanging a shingle” which would cut into the livelihood of existing Florida attorneys.
Either way, whatever the logic is, if you are licensed and practicing in another state and applying to the Florida Bar, it is wise to consult a Florida Bar Hearing Investigative Hearing Defense attorney to review your application before filing, and to not represent yourself if you are called in.
Licensed attorneys tend to want to represent themselves due to the fact that they have litigation experience in their respective area of law.  In most instances, the field of expertise they are licensed in does not translate to an administrative hearing, and a consultation with an attorney who routinely practices in this area is recommended.
If you have an upcoming investigative or formal hearing with the Florida Bar, call Soreide Law Group for a consultation at no cost with a Florida Bar Hearing Defense Attorney at (888) 760-6552. Our attorneys will travel to all locations in Florida to appear before the Board of Bar Examiners.

Florida Bar Hearing Defense Lawyer’s Tip of the Month for May 2014

After just returning from Tampa, after another successful administration of the Florida Board of Bar Examiners, I returned with the thought that no crime is too old for the Board to inquire about. Time is a mitigating factor when it comes to bad acts, but it doesn’t mean the Board won’t want to learn about all the details of some youthful indiscretion even though, for example, you may have been still in high school.

The focus of the Board of Bar Examiners should be the status of your present character and Florida Bar Rule 3-12 (Determination of Present Character) (a) and (b) both consider the age and recency of the conduct at issue.

To be on the safe side, depending on the egregious nature of the past conduct (no matter how old), it may be wise to consider going above and beyond just being prepared to discuss the past crimes in detail. You may want to consider doing some meaningful community service to offer as evidence of rehabilitation.

Florida Bar rule 3-13 (g) considers all community or civic service. Florida Bar rule 3-13 (g) goes on to further state that, “the requirement of positive action is appropriate for applicants for admission to The Florida Bar because service to one’s community is an implied obligation of members of The Florida Bar.”

For a free consultation with a Florida Bar Hearing Defense Lawyer to help you meet your burden of proof that you possess the requisite good character to practice law in Florida, call Soreide Law Group at (954) 760-6552. We travel to all hearing locations throughout Florida of the Board of Bar Examiners.

Florida Bar Hearing Defense Attorney’s Tip of the Month for April 2014

If you have a history of drug or alcohol abuse it is important to consider the benefits of enrolling in Florida Lawyers Assistance before you appear in front of the Board of Bar Examiners for an Investigative Hearing. The Florida Bar is widely known as the toughest in the country when it comes to character and fitness evaluations. However, the Bar does not view a dependency problem as a character flaw, but rather as a treatable disease.
Many Applicants may be concerned that enrolling in Florida Lawyers Assistance of “FLA” would be evidence of bad character, while the exact opposite is true. The Board of Bar Examiners is not comprised of medical professionals who can assess the nature of any dependency disorder,  so they must rely upon FLA to do so for them. If enrolled in FLA the enrollee will have to abstain from all drugs (non prescribed) and alcohol and be subjected to random screening. This gives the Board the level of comfort they need to obtain to be able to conditionally admit you for a finite term with permanent admission to follow a successful term at FLA.
If enrolling make sure to enroll far enough out that you can have a meaningful interaction with FLA such as successfully completing several drug screens and obtaining a sponsor.  If however you feel that you do not have a dependency problem but your bar application may evidence otherwise, it is possible as an alternative to have a Florida Lawyers Assistance approved doctor conduct a chemical dependency evaluation and produce a report that may be offered at your investigative or formal hearing as evidence of no chemical dependency problem.
For more information or questions concerning this post you can contact Lars Soreide, Esq., at (954) 760-6552. Defending Florida Bar Applicants throughout Florida.

The Florida Board of Bar Examiners is Seeking Members from the General Public

The Florida Board of  Bar Examiners is currently seeking two people  from the general public to help in the process of recommendations for The Florida Bar.  This would be a three year term for the board members chosen.

The duties of the Board of Bar Examiners is to make sure all of the requirements for the applicants are met.  These requirements include such things as education, character and fitness, technical competence, to name a few. The deadline to apply is April 25, 2014.  The Florida Supreme Court has the final decision once the Board makes the recommendation.

For the general public member positions, lawyers are not eligible and you must have a bachelor’s degree, also experience or education in areas such as educational testing, statistics, psychology or medicine.  Expenses will be covered and approximately three days per month of work.

If you are interested in the position, please contact The Florida Bar.  Information is available also on their website.

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. Please call (888) 760-6552.

Florida Bar Hearing Defense Lawyer’s Tip of the Month for March 2014

Having just returned from the recent hearings before the Florida Board of Bar Examiners in Tampa, I felt that the topic of child support obligations should be the topic of discussion for this month’s post.
Florida Rule 4-8.4(h) prohibits a lawyer from willfully refusing to timely pay a child support obligation. Florida Statute 61.13015 provides the basis for The Florida Bar to suspend a lawyer or deny a professional license for the willful non-payment of child support obligations.  Child support is an issue that I am beginning to see more often before the Board of Bar Examiners at investigative and formal hearings.
If you have delinquent payment obligations and are currently applying to the bar, try to make every effort to make all payments current. Your scorned ex-spouse will most likely also be contacted the Bar’s examiners and this will give them every opportunity to air out your dirty laundry and pour gasoline on the fire, creating all sorts of new issues you will have to defend.
Being a law student is no excuse for not paying your child support. Make arrangements to keep current at all times. If you have an investigative or formal hearing with the Florida Bar, feel free to call for a consultation at no cost to discuss your situation with a Florida Bar Hearing Defense Attorney. Call Soreide Law Group at (888) 760-6552. Our main office is in Fort Lauderdale, Florida. Our attorneys travel to all locations throughout Florida to appear before the Board of Bar Examiners.