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

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.