Tag Archive for: admittance to the Florida Bar

Vacancies Announced on the Florida Board of Bar Examiners

Licensed Florida Lawyer applicants are being sought to fill the two vacancies on the Florida Board of Bar Examiners.

There will be a joint screening committee of Florida Board of Governors members and Florida Board of Bar Examiners members. They will recommend six nominees for two lawyer vacancies at the May 20, 2016 meeting. Their nominations will then be forwarded to the Florida Supreme Court to fill two five-year terms beginning Nov. 1, 2016 and ending on Oct. 31, 2021.

Florida attorneys applying must have been members of The Florida Bar for at least five years and they must be a practicing Florida lawyer with “scholarly attainments” and have a positive interest in legal education and the requirements for admission to the Bar. Appointment or election to the bench at any level of the court system will disqualify any applicant. All law professors or trustees are ineligible.

The board members of the Bar Examiners must be able to attend approximately ten meetings a year in various Florida locations. Members should be willing to devote 3-4 days’ a month, or up to 350 or more hours per year on Board business, depending on committee assignments. Travel expenses connected with the meetings and examinations are reimbursed.

Persons interested in applying for these vacancies should contact Tara Newman, Director of Administration, Florida Board of Bar Examiners, at 850-681-5707 to obtain the application form. Completed applications must be received by the Executive Director, 1891 Eider Court, Tallahassee, Florida 32399-1750 by the close of business on Friday, March 25, 2016.

The Soreide Law Group represents those seeking admittance to the Florida Bar and existing attorneys, for both Formal and Investigative Hearings in front of The Florida Bar.  For more information regarding our services, call and speak to an attorney at no-cost:  1-888-760-6552.

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.

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.

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>

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.

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.

Disqualifying Conduct

There are many scenerios considered ‘disqualifying conduct’ to The Florida bar. According to Rule 3-11 a lack of honesty, trustworthiness, reliability or diligence may cause you denial to The Florida Bar.

The following list was compiled by The Florida Bar.  This information appears on their website.  These reasons may give cause for further inquiry before admittance.

 
  • Unlawful conduct by applicant
  • 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 concludes the information acquired from The Florida Bar’s website.

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 or visit: https://www.floridabarhearing.com.