If you are a Florida Bar applicant, the question of investigative hearing vs formal hearing can be confusing at first. Both sound serious, and a notice about either one can be stressful. However, the two proceedings do very different jobs in the character and fitness process.

The Florida Board of Bar Examiners uses the first to learn more about your background. It uses the second only after it has filed written charges, called Specifications. So this post compares them side by side: what triggers each one, who sits on the panel, who carries the burden, what record is left behind, and what can happen next. Because every file is different, read this as a general map and not as a prediction about your own application.

What Triggers an Investigative Hearing vs Formal Hearing

Every application starts with a background investigation. Staff review what you disclosed, then check it against outside sources such as schools, employers and court records. Most of that work happens on paper. If a question stays open, the Board may ask you to appear and explain.

Common reasons include past arrests, nondisclosure on a bar or law school application, financial problems, and discipline in another state. So a notice does not mean the Board has decided anything. Instead, it means the Board has questions it wants to ask you in person.

The second stage has a higher threshold. It begins only when the Board has cause to believe you are not qualified, and it then files Specifications saying why. In short, the first stage asks a question, while the second makes a charge. Also, if the facts about prior conduct are undisputed, the Board may skip the first stage and move to a consent agreement or to Specifications.

Who Sits on the Panel at Each Stage

At the first stage, a division of at least three Board members hears you. The setting is informal, but it is thorough, because its purpose is to find the truth. Any member can place you under oath, and the technical rules of evidence do not have to be followed. You must also respond to the notice on time, since ignoring it can end your application.

At the second stage, the panel has at least five members. In addition, a member who took part in your earlier session cannot serve unless you consent. As a result, you will usually speak to people who have not heard your account before, so you cannot assume they know the background.

How Specifications Connect the Two Proceedings

Specifications are the bridge between an investigative hearing and a formal hearing. They are formal charges, written as allegations of misconduct or of a lack of character and fitness. For example, one might say that you failed to disclose an arrest on your application.

You must file a sworn answer within the time the Board’s rules set. If you do not answer, the charges are deemed admitted, and you give up the right to a hearing. So read each allegation closely, because the allegations frame everything that follows.

Not every case goes the full distance. Board counsel and an applicant may instead propose a consent judgment, which takes effect only if the full Board approves it.

Burden of Proof: Investigative Hearing vs Formal Hearing

At the first stage, nobody presents a case against you. Board members ask questions, and you supply answers, documents and context. However, the applicant must show good moral character and fitness to practice law throughout the process, so vague answers rarely help.

At the second stage, Board counsel presents the case, and the Board must prove its Specifications. You do not have to disprove them. Still, you must prove your own character and fitness. If past conduct is at issue, you should raise rehabilitation in your answer and support it with strong evidence. The post at Elements of Rehabilitation in a Formal Hearing explains what that proof can look like.

You also gain procedural rights at this stage. You may have a lawyer at your own expense, receive witness and exhibit lists, and cross-examine witnesses. You may then present your own witnesses and exhibits, and you may use the Board’s subpoena power.

What Record Each Stage Leaves Behind

The first stage is informal, but your words still matter. The Board’s rules refer to transcripts, so assume that what you say can be reviewed later. Also, an account that shifts between your application and your testimony can raise a new candor question.

The second stage is built around its record. The panel decides on the evidence in that record, and any written findings must be supported by competent, substantial evidence found there. That record is also what a reviewing court will read, so anything you want considered needs to go in at the hearing.

Outcomes After an Investigative Hearing vs Formal Hearing

After the first stage, the Board may find that you have established your qualifications. It may also offer a consent agreement in cases involving drug, alcohol or psychological problems, order further investigation, or file Specifications.

After the second stage, the Board may recommend admission or, in exceptional cases of those same kinds, conditional admission. It may instead recommend withholding admission for a period, or denial. A denial generally carries a waiting period before you can reapply. If the findings go against you, you may ask the Board to reconsider on new and material evidence, or you may petition the Supreme Court of Florida for review. Both paths have firm deadlines.

An investigative hearing can lead to a formal hearing, so prepare for the first as carefully as you would for the second. Review your application, gather your documents, and take responsibility for what happened. The post at Investigative Hearings before the Florida Bar covers that preparation in more detail.

Talk to a Florida Bar admission attorney

Soreide Law Group represents Florida Bar applicants before the Florida Board of Bar Examiners at investigative and formal hearings, and advises applicants on disclosure questions before they file. The firm is based in Pompano Beach, Florida and works with applicants statewide. Call 888-760-6552 or use the contact page to arrange a consultation.

The Florida Board of Bar Examiners publishes its admission rules and application materials at floridabarexam.org.

This article is general information about the Florida Bar admission process. It is not legal advice and does not create an attorney-client relationship. Every application is decided on its own facts.