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

This might seem obvious to some, but more often than not applicants to the Florida Bar do not review their Law School Applications prior to submitting the application to The Florida Bar. The Florida Board of Bar Examiners look for inconsistencies between your law school and bar applications. As a college student entering law school, one can be all too eager to assume the most favorable interpretation of a question on a law school application to not highlight some past transgression. The Florida Bar does fully expect an applicant to be completely candid in the admissions process, including BOTH applications.
So if you failed to disclose something on your law school application, please amend prior to submitting the Bar Application. It will definitely mitigate, to some extent, the lack of candor on the Law School Application if you become proactive and take it upon yourself to amend the application without the Board of Bar Examiners requesting you amend it. Candor is the most important aspect of the admissions process and applicants need to be extra careful in being consistent on all applications submitted signed under penalty of perjury.
If you have an investigative hearing and you have candor issues, feel free to call 954-760-6552 for a free consultation.

Florida Bar Defense Lawyer’s “Tip of the Month” for January 2014

If you have a substantial amount of unpaid debt and you have an investigative hearing before the Florida Board of Bar Examiners, you should attempt to resolve as many of those debts as possible before your investigative hearing. Create a file for each debt you maintain so you can show a record of communication with your creditors. Phone calls should always be followed up with a letter.
The Florida Bar is not a debt collection agency and their interest isn’t in seeing you pay all your bills, but they want to see you not turn your back on your creditors, and be financially responsible.
In my experiences defending applicants in investigative and formal hearings, I have found that creditors are willing to sometimes settle for as little as 5 to 10 cents on the dollar. Even if you can’t pay it off and reduce the principal amount, at least put in place a written payment plan so the debt is not current while you are before the Florida Board of Bar Examiners. You don’t want to have a current problem when you sit before them at the investigative hearing. You want only a past problem that you have professionally and responsibly resolved.
For more valuable tips and information, visit FloridaBarHearing.com or call and speak with Lars Soreide at (888) 760-6552.
Soreide Law Group, representing Florida Bar Applicants throughout the State of Florida.

Florida Bar Investigative Hearing Schedule 2014

The bar hearing defense firm of Soreide Law Group, (888) 760-6552, is reporting the tentative upcoming bar hearing meeting calendar for the Florida Board of Bar Examiners. Fort Lauderdale was added as a meeting location this year for the first time.  Soreide Law Group, and bar hearing defense lawyer, Lars Soreide, are located in Fort Lauderdale and travel regularly to all meetings of the Board of Bar Examiners for clients who have investigative and formal hearings before the Board.
January 9-11, 2014- Orlando;
March 13-15, 2014 Tallahassee;
April 10-12, 2014 Fort Lauderdale,
May 15-17, 2014 Tampa Bay
July 10-12, 2014 Jacksonville;
Sept 18-20, 2014 Orlando;
Oct 23-25, Fort Lauderdale; and
November 20-22, 2014 Tampa Bay.

Florida Bar Hearing Attorney Tip of the Month

– December’s Tip
When appearing before the Florida Board of Bar Examiners for an investigative hearing remember that the burden is on you to prove you have the requisite good character and fitness to be admitted to the Florida Bar. This isn’t criminal court where you can say nothing and present no evidence and the State has to make their case. Be proactive and communicate with the Panel members:
1) what mistakes you’ve made,
2) what you have learned from your mistakes, and
3) what assurances you can offer the Panel that the mistakes will not be repeated.
For more tips and information visit FloridaBarHearing.com or call and speak with Lars Soreide at (888) 760-6552.
Soreide Law Group, representing Florida Bar Applicants throughout the state of Florida.

Florida Supreme Court to Hear Whether or Not Undocumented Immigrants Are Eligible for Admission to The Florida Bar

The Florida Supreme Court is now back in session and is facing several high-profile cases.  One of those cases to be decided is:

Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants Are Eligible for Admission to The Florida Bar.

We have already posted twice on our blog regarding this case.  To review, click on the following links:

https://www.floridabarhearing.com/barhearingblog/?p=177

https://www.floridabarhearing.com/barhearingblog/?p=225

Briefly, the case involves Jose Godinez-Samperio, who came to America at 9 years-old from Mexico and graduated from law school at Florida State University. The problem is, Godinez-Samperio is an undocumented immigrant. The Supreme Court heard arguments in October, 2012, after the Florida Board of Bar Examiners asked the justices for guidance.

Godinez-Samperio also was approved to stay and work in the country under the 2012 Obama administration policy — “deferred action” — which was developed to help young people.

Last year the justices questioned whether the federal law prohibits undocumented immigrants from getting law licenses. In May, the U.S. Department of Justice said federal law bars the Florida Supreme Court from issuing a law license to an “unlawfully present alien,” regardless of the deferred-action issue. This dealt a major blow to Godinez-Samperio’s case.

Attorney Lars K. Soreide,  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 call (888) 760-6552.

 

Sarasota Man Went from Multi-Felon to Attorney Thanks to Youth Court

It’s been eleven years since Stefan Campagna was charged with his 27th felony in Sarasota, writes Jessie Van Berkel in a recent article for the Sarasota Herald-Tribune.

The 27-year-old said he will not disassociate himself from his past — from the 16-year-old who busted into cars with a group of friends and had an “I dunno” mentality when he was asked why he did it. His past will help him connect with people in his future.

“People listen more to someone they can relate to,” Campagna said at a Sarasota County’s youth court celebration.

Campagna, a Sarasota native graduated in May from Hofstra University College of Law in New York and was honored as a member of the Florida Bar earlier this month. He is coordinator for the National Association of Youth Courts.

“He’s gotten every award we’ve given out,” said Katie Self, who has coordinated the teen court since six months after it was created in 1988. The teen court was the first court of its kind in Florida. It places youths who plead guilty to an offense in a unique setting, where people their age act as the bailiff, defense, prosecution and jury. Volunteers from local high schools determine the punishment for their peers. If the defendant completes their requirements, the charges are dismissed.

Stefan Campagna, was given 18 rounds of jury duty at the teen court and 150 hours of community service.

“Initially I wasn’t very receptive to much of anything,” he said. Campagna told himself he would likely end up in court again, and he had better be on the right side of the bench. So he went on to study law.

Since Sarasota created its teen court in 1988, 53 Florida counties have followed suit, according to the Florida Association of Teen Courts. And the number of courts nationwide has grown over the past few decades. Campagna even helped create a youth court in Nassau County, New York, where he went to law school.

The studies done on the courts’ effectiveness in reducing repeat offenders, generally found recidivism was less frequent for people who went through teen court.

Attorney Lars K. Soreide, of Soreide Law Group, PLLC, 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 call (888) 760-6552

Three Florida Lawyers Permanently Disbarred

In a recent article for Ft. Lauderdale’s Sun Sentinel, Donna Gehrke-White writes that the Florida Supreme Court permanently disbarred two Broward County attorneys and a Palm Beach County lawyer from practicing law.

According to Florida Bar records, RJF of Hallandale Beach had been practicing law since 1958, but got into trouble when he was named a personal representative for a client’s estate. When the beneficiary attempted to cash a check from the estate, he couldn’t because RJF “admitted that he misappropriated trust funds,” the Florida Bar wrote.

Then RJF continued to practice law and tell clients he was an attorney despite being disbarred in May. The Florida Supreme Court found him in contempt and banned him from ever practicing law.

Two additional South Florida attorneys were banned permanently from practicing law after they were found to be in contempt of their disbarment. They also can never apply to practice law again, Kirksey said.

OJO was accused of failing “to record at least 17 original deeds and 21 original mortgages, exposing a title insurance fund to more than $10 million in claims exposure,” according to Florida Bar records. “A Florida Bar compliance audit of OJO’s trust accounting records determined that he misappropriated more than $370,000 in client funds.” This year he was found to still be practicing law.

AK of Boca Raton was permanently disbarred after he was found not complying with an Oct. 2 disbarment order, according to Florida Bar records. AK had been practicing since 2005. He had been ordered to notify all his clients of his disbarment and provide a sworn affidavit of those who had been given a copy of his disbarment order. But the Supreme Court ruled he hadn’t complied.

<strong>Attorney Lars K. Soreide, of Soreide Law Group, PLLC, 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 call (888) 760-6552.</strong>

Non-US Citizens Applying to The Florida Bar

The following message was sent from the Florida Bar to the 17th Circuit Representatives of  The Florida Bar Board of Governors;

“The Florida Bar Board of Governors met on July 26, 2013. Major actions of the board and reports received include:

In response to a notice of intent to file a petition to amend Rule 1-3.1 of the Rules Regulating The Florida Bar to specify that no one who has complied with requirements for Bar  admission be disqualified from membership solely because he or she is  not a U.S. citizen, the board voted to respond to the petition after its filing by indicating that the board supports the concept contained in  the petition, but that the board believes that the amendment is more  appropriately placed in the Rules of the Supreme Court Relating to  Admissions to the Bar, and that the board recommends to the Supreme  Court of Florida that it seek input from the Board of Bar Examiners on  the issue. The notice of intent to file the petition was submitted as  per Rule 1-12.1(f) and (g). The Florida Bar has not taken a position on the case of Jose Godinez-Samperio, an undocumuented immigrant seeking to become a member of the Bar.”

The following article pertains to the above mentioned case and appeared in our blog:

https://www.floridabarhearing.com/barhearingblog/?p=177

Attorney Lars K. Soreide, of Soreide Law Group, PLLC, 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 call (888) 760-6552

Florida Supreme Court Disciplines 22 Attorneys

The following information was obtained on The Florida Bar’s website:
Summaries of orders issued between Feb. 15 – March 11, 2013

The Florida Bar, announced that the Florida Supreme Court in recent court orders disciplined 22 attorneys; disbarring five, suspending 13 and publicly reprimanding four. Three attorneys received more than one form of discipline. Two were placed on probation and one was ordered to pay restitution.  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 95,000-plus lawyers admitted to practice law in Florida. Since 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.

This ends the information from the Florida Bar’s website.

Attorney Lars Soreide, of Soreide Law Group, PLLC, 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.

Last Minute Check List before Appearing Before the Florida Board of Bar Examiners for an Investigative Hearing

Character and fitness hearings before the Florida Board of Bar Examiners are becoming increasingly common. No two hearings are the same, however the Board is going to weigh the new or further evidence you present at the investigative hearing with the elements listed in Florida Bar Admission Rule 3-12 “Determination of Present Character” during all hearings. If you are unrepresented, and the trend over the last several years is to hire representation for this hearing, carefully examine and consider the rules before appearing.

3-12 Determination of Present Character. The board must determine whether the applicant or registrant has provided satisfactory evidence of good moral character. The following factors, among others, will be considered in assigning weight and significance to prior conduct:
(a) age at the time of the conduct;
(b) recency of the conduct;
(c) reliability of the information concerning the conduct;
(d) seriousness of the conduct;
(e) factors underlying the conduct;
(f) cumulative effect of the conduct or information;
(g) evidence of rehabilitation;
(h) positive social contributions since the conduct;
(i) candor in the admissions process; and,
(j) materiality of any omissions or misrepresentations.
Upon reading these elements what documents can you show the Board that will highlight each and every element under 3-12.  Remember it is a weighing test so the Board is already aware of the bad conduct it is now your responsibility to mitigate or outweigh the bad conduct with good conduct as outlined by 3-12.
For a free consultation regarding your upcoming investigative, formal or rehabilitative hearing before the Florida Board of Bar Examiners call (888) 760-6552 to speak to a Florida Bar Defense Lawyer now.