Tag Archive for: admission to the Florida Bar

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.

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.

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.

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

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.

Elements of Rehabilitation in a Formal Hearing

 If Specifications have been filed by the Florida Board of Bar Examiners and you have to attend a formal hearing before the Board, you may want to consider pleading “rehabilitation” as an affirmative defense. This is the only affirmative defense that must specifically be plead in your Answer, or else that defense is waived and you may not be permitted to put on evidence of rehabilitation at your formal hearing. In considering what to do to effectively establish rehabilitation, Florida Bar Rule 3-13 codifies the “elements of rehabilitation”.

3-13 Elements of Rehabilitation.
 
Any applicant or registrant who affirmatively asserts rehabilitation from prior conduct that adversely reflects on the person’s character and fitness for admission to the bar must produce clear and convincing evidence of rehabilitation including, but not limited to, the following elements:
(a) strict compliance with the specific conditions of any disciplinary, judicial, administrative, or other order, where applicable;
(b) unimpeachable character and moral standing in the community;
(c) good reputation for professional ability, where applicable;
(d) lack of malice and ill feeling toward those who, by duty, were compelled to bring about the disciplinary, judicial, administrative, or other proceeding;
(e) personal assurances, supported by corroborating evidence, of a desire and intention to conduct one’s self in an exemplary fashion in the future;
(f) restitution of funds or property, where applicable; and,
(g) positive action showing rehabilitation by occupation, religion, or community or civic service. Merely showing that an individual is now living as and doing those things he or she should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. 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 by members of The Florida Bar.
Florida Bar Defense Lawyer, Lars Soreide, is available to represent you at an investigative or formal character and fitness hearing before the Florida Board of Bar Examiners. Call 888-760-6552 for a free consultation or visit https://www.floridabarhearing.com.

Investigative Hearing Character and Fitness Considerations

 
If you must attend an investigative hearing before the Florida Board of Bar Examiners, the Board will consider your present character and fitness. This is codified in Florida Board of Bar Examiner Rule 3-12.
 
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.
Florida Bar Defense Lawyer, Lars Soreide, is available to represent you at an investigative or formal character and fitness hearing before the Florida Board of Bar Examiners. Call 888-760-6552 for a free consultation or visit our website at: https://www.floridabarhearing.com.

Can I Still Get Admitted to the Florida Bar if I Have Had Past Drug, Alcohol, or Psychological Problems?

As a attorney who frequently represents applicants before the Florida Board of Bar Examiners in investigative and formal hearings, I see this issue a lot. I tell my clients that they can be admitted, in most instances conditionally, depending on all the surrounding circumstances. I point them first to rule 3-22.5(b) which relates to conditional admissions.
Under 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 and under rule 5-15, limited to persons who will live in Florida, who will be engaged in the practice of law primarily in Florida, and who will be monitored in Florida during the entire period of conditional admission.
The following comes directly off the Board of Bar Examiners website relating to conditional admissions.
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 use of alcohol and controlled substances;
  • requiring participation in Florida Lawyers Assistance, Inc. (FLA); and,
  • random screenings for alcohol and controlled substances.
Board’s Guidelines on Documented Sobriety
 
Applicants who may be candidates for conditional admission must provide documentation of at least 6 months of sobriety before being considered for conditional admission. It is preferred that documentation of sobriety be completed by entering into a monitoring program that requires daily log-ins to determine if testing is required that day, attend attorney support meetings, attend AA/NA (if dependent), and undergo random alcohol/drug screenings. If an applicant resides within Florida, the preferred program is Florida Lawyers Assistance, Inc. (FLA). Any applicant attempting to provide documentation of sobriety through FLA or similar program must fully comply with the program contract, including strict adherence to the random drug test procedure, no missed daily log-ins, no missed or positive tests, and compliance with the meeting and monitoring requirements as outlined in the contract. In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test. Documentation of the period of sobriety starts upon execution of a FLA or similar contract or the last date of noncompliance with the contract; whichever is most recent.
Acceptable Documentation of Sobriety
 
The board requires applicants to demonstrate 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 monthly documentation to the board beginning immediately and continuing until all portions of the Florida Bar Examination are successfully completed.
  5. Full compliance with the FLA contract including strict adherence to the FLA random drug test procedure, no missed daily log-ins, no missed, or positive tests, and compliance with the meeting and monitoring requirements as outlined in the FLA contract. In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test.
Missed Log-ins
 
The board, while working with FLA, established the following policy regarding excused log-ins. The only missed log-ins that will be excused are documented instances of the following:
  • Death in the family;
  • Admission of the participant, family member or significant other to the hospital or emergency room;
  • Victim of a natural disaster;
  • Arrested and in jail.
In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test.
Length of Conditional Admission
 
The board’s policy on the 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 a relapse of such a prior mental illness. With respect to either, 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 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 more information contact License Defense Attorney, Lars Soreide, of Soreide Law Group, PLLC, to discuss what options are available to you if you are applying to the Florida Bar or have an investigative or formal hearing. Call 954-760-6552 or visit https://www.floridabarhearing.com.