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Tag Archive for: disciplinary action against attorneys

The Ohio Supreme Court Denied Law License for Law School Graduate with $170,000 in Student Loans

October 12, 2012

Many law school graduates are all too aware of their accumulating pile of debt, but few may realize it can prevent them from practicing law and destroy any hopes of paying down their loans, wrote Susanna Kim of abcnews.com in a recent article.

The highest court in Ohio denied recent law school grad, Hassan Jonathan Griffin, his bar application because he didn’t have a plan to pay back $170,000 in school debt.

The Ohio Supreme Court, on January 11, said Griffin lacked a “feasible plan to satisfy his financial obligations.”  Griffin’s debts include $150,000 from law school, $20,000 from his undergraduate studies and $16,500 in credit card debt.

The Ohio Supreme Court, which regulates admission to the practice of law in Ohio, requires that an applicant be at least 21 years old, have a bachelor’s degree and law degree, and pass the Ohio bar examination.

The state’s rules specify that prior to taking the bar exam, applicants must demonstrate they possess “the requisite character, fitness, and moral qualifications for admission to the practice of law.”

Griffin, 40, had applied in November, 2009, for the February, 2010 bar exam, but his increasing financial obligations led to an investigation by the state’s Board of Commissioners on Character and Fitness.

Griffin graduated from Arizona State University in 2004 when he was 34 and worked full-time as a stockbroker for over five years before attending The Ohio State University Mortiz College of Law.

It was reported that since completing his first year of law school, Griffin has worked 24 to 32 hours a week at the Franklin County Public Defender’s Office.  Though he graduated from law school in 2008, he has been unable to obtain a full-time job and still earns $12 per hour at the public defender’s office.

The board recommended that the court reject Griffin but permit him to reapply for the February, 2011 bar exam. Griffin confirmed he is re-applying for the February exam and said his financial matters are now in better order.

Many law school grads are unemployed,  but it is rare they fail the character and fitness test because of their personal finances.

In April, 2009, the Texas Court of Appeals revoked the probationary law license of a man in Houston with undergraduate and law school loans of around $90,000 plus interest and $58,000 in “unsecured loans.”

“We handle about 100 contested hearings a year, and very rarely is financial responsibility the subject of the hearing, and even more rarely is the situation where the board decides to deny” the license,  the Texas Board of Law Examiners’ executive director Julia E. Vaughan told The Texas Lawyer.

The New York state appellate court rejected the license application of Robert Bowman in April 2009, according to a story in the New York Times. A court subcommittee cited student debt of over $430,000 belonging to the University of California’s Hastings law school graduate.

The Education Department recently decided that Bowman’s debts will be recalculated and he is not in default, allowing him to re-apply for his license.

Kim writes that the American Bar Association (ABA) reported that the average amount borrowed for law school was $91,506 for private schools and $59,324 for public schools in 2008.  A committee from the ABA wrote in a report that these figures do not include debt from students’ undergraduate years and an average law school student will graduate with debt “well in excess of $100,000.”

But among law graduates from the class of 2008, 42 percent of graduates had an annual salary of less than $65,000. And the ABA report said prospects are even bleaker now, with students competing for half as many jobs at top law firms.

“Far too many law students expect that earning a law degree will solve their financial problems for life,” the ABA committee wrote. “In reality, however, attending law school can become a financial burden for law students who fail to consider carefully the financial implications of their decision.”

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. For more information about our services please call (888) 760-6552 or visit: www.floridabarhearing.com.

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The Florida Supreme Court Summaries of Orders Issued between May 21– June 28, 2012

August 29, 2012

On The Florida Bar’s website, it was announced that the Florida Supreme Court in recent court orders, has disciplined 22 attorneys, disbarring 10, and suspending eight. Some of the attorneys received more than one form of discipline. Three of the attorneys were placed on probation; four attorneys were publicly reprimanded.

As an official arm of the Florida Supreme Court, 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 93,000-plus lawyers admitted to practice law in Florida. (This information was obtained on the Florida Bar website.)

Lars Soreide, of Soreide Law Group, PLLC, will represent 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 for a free consultaion: (888) 760-6552 or visit: www.floridabarhearing.com.

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Florida Licensed Lawyers and Drug Abuse

June 12, 2012

Florida’s legal profession is wondering how to handle its own drug addicts.  In an article from the Tampa Bay Times, they describe two Pinellas County lawyers facing drug trafficking charges and abusing drugs themselves.

A criminal defense lawyer was secretly recorded when a woman offered to hand him a bottle of  250 oxycodone and other pills to pay off a legal bill. He agreed to take them and he and his wife were arrested shortly afterward. Another lawyer was willing to smuggle prescription pills to his client in the Pinellas County Jail, as long as he would be paid for it later and be able to keep some of the pills himself.

Should these lawyers be put into treatment or kicked out of practicing law?

The Florida legal community works to rehabilitate its members who develop addictions to alcohol or drugs. With treatment and supervision, troubled lawyers can return to work. But addicted or not, breaking the law is the problem. In addition to the possibility of getting disbarred, both of these men face prison time.

The phrase — no client harm — is a key point for the Bar. The legal system is based on “trust that the lawyer is looking out for a client’s best interest,” said Ken Marvin, director of lawyer regulation for the Florida Bar.

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 or visit: www.floridabarhearing.com.

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THE FLORIDA SUPREME COURT DISCIPLINES ATTORNEYS

June 5, 2012

The Florida Bar, the state’s guardian for the integrity of the legal profession, announced on their website that the Florida Supreme Court in recent court orders disciplined 22 attorneys in March, 21 attorneys in April, and 13 attorneys in May. Some attorneys received more than one form of discipline.

The Florida Bar and its Department of Lawyer Regulation, an official arm of the Florida Supreme Court, administer a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 93,000-plus lawyers admitted to practice law in Florida.

The Court’s orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years.

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. For more information about our services please call (888) 760-6552 or visit: www.floridabarhearing.com.

https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png 0 0 Editor https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png Editor2012-06-05 11:29:442012-06-05 11:29:44THE FLORIDA SUPREME COURT DISCIPLINES ATTORNEYS

Can Undocumented Immigrant Be Accepted to Florida Bar?

April 16, 2012

In an April 15, 2012, article from South Florida’s Sun Sentinel, Rafael A. Olmeda writes that there is now a question of whether or not an immigrant without a green card get a Florida Bar card?

The aspiring lawyer, Jose Godinez-Samperio, 25, a Tampa-area resident, is hoping the answer is yes. A native of Mexico who entered the United States legally with his parents 16 years ago on a tourist visa, Godinez-Samperio is a graduate of the FSUCollege of Law, the valedictorian of the Armwood High School class of 2004, an Eagle Scout — and an undocumented immigrant. The last quality may keep him from achieving his dream.

Olmeda writes that the Florida Board of Bar Examiners, which grants membership to the Bar, has asked the state Supreme Court to determine whether it can accept someone who is not in the country legally. The Supreme Court flagged the case as “high profile” last week.

Tom Fitton, president of the conservative watchdog group Judicial Watch, said, “He can’t practice as a lawyer,” Fitton said. “He is not legally able to work in the United States. … It seems to me that it would be an absurdity to give him a Bar card at this point.”

The Sun Sentinel article adds that similar applications are pending for students in California and New York. But Godinez-Samperio, who once described himself as “undocumented, unapologetic and unafraid,” has influential allies who believe his immigration status should not keep him from getting a license to practice law, even though federal statutes would forbid him using that license to earn a living.

Godinez-Samperio has been candid about his status at every opportunity, disclosing it on college and law school applications (his application to law school included an essay titled “The Consequences of my Criminal Childhood,” although being in the country illegally is a civil infraction, not a crime).

Immigration advocates have lobbied Congress to pass the Development, Relief, and Education of Alien Minors (DREAM) Act, which would provide a path to citizenship for undocumented children who were brought to this country by their parents and raised in the United States. Congress has yet to pass such a law.

The Board of Bar Examiners began requiring exam-takers to submit proof of immigration status in 2008, but waived that policy for Godinez-Samperio, who disclosed his status and argued that documentation was not required as a rule for admission to the Bar.

There’s no way of knowing whether any undocumented immigrant was accepted before 2008, and Godinez-Samperio is the first to apply for membership since. Some have suggested Godinez-Samperio can practice law in Florida if he takes on cases pro-bono.

Olmeda concludes his article in saying that Godinez-Samperio, who declined to be interviewed for the Sun Sentinel article, also has the support of his local congresswoman. U.S. Rep. Kathy Castor, D-Tampa, wrote in a letter to the Supreme Court that taxpayers are already investing time and money by educating undocumented students during and after high school. “To deny these students the opportunity to become doctors or lawyers or practice another profession is to deny the state of Florida and all of our neighbors an educated and talented workforce,” she wrote.

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: www.floridabarhearing.com.

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FLORIDA’S SUPREME COURT DISCIPLINES 31 ATTORNEYS IN JANUARY

February 9, 2012

The following information was obtained on The Florida Bar’s website:

The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 31 attorneys, disbarring 12 and suspending 15. Some attorneys received more than one form of discipline. One attorney was placed on probation; four attorneys were publicly reprimanded and two attorneys were ordered to pay restitution.

As an official arm of the Florida Supreme Court, 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 93,000-plus lawyers admitted to practice law in Florida. Since Aug. 1, 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 obtained 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. For more information about our services please call call (888) 760-6552 or visit: www.floridabarhearing.com.

https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png 0 0 Editor https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png Editor2012-02-09 12:10:042012-02-09 12:10:04FLORIDA’S SUPREME COURT DISCIPLINES 31 ATTORNEYS IN JANUARY

FLORIDA SUPREME COURT DISCIPLINES 16 ATTORNEYS

October 27, 2011

Summary of orders issued July 14 – Aug. 30, 2011 posted on The Florida Bar’s website

The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 16 attorneys, disbarring seven and suspending six. Some attorneys received more than one form of discipline. Two attorneys were placed on probation; two attorneys were publicly reprimanded. One attorney was ordered to pay restitution.

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam.

As an official arm of the Florida Supreme Court, 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 90,000-plus lawyers admitted to practice law in Florida.

This information appeared on 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. For more information about our services please call call (888) 760-6552 or visit: www.floridabarhearing.com.

https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png 0 0 Editor https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png Editor2011-10-27 11:45:052011-10-27 11:45:05FLORIDA SUPREME COURT DISCIPLINES 16 ATTORNEYS

The State of Florida’s SUPREME COURT DISCIPLINES 12 ATTORNEYS

July 21, 2011

On The Florida Bar’s website, June 30th., 2011, that The Florida Bar, the state’s guardian for the integrity of the legal profession, announced the Florida Supreme Court in recent court orders disciplined 12 attorneys, disbarring four and suspending five. Some attorneys received more than one form of discipline. Three attorneys were placed on probation; three attorneys were publicly reprimanded.

The Florida Bar article goes on to say that as an official arm of the Florida Supreme Court, 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 90,000-plus lawyers admitted to practice law in Florida. Since Aug. 1, 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.

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, fewer than 5 percent of disbarred lawyers seek readmission.

This information was obtained on The Florid 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. For more information about our services please visit: www.floridabarhearing.com , or call (888) 760-6552 to speak to an attorney.

https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png 0 0 Editor https://www.floridabarhearing.com/wp-content/uploads/2015/10/soreide-logo-300x183.png Editor2011-07-21 06:48:452011-07-21 06:48:45The State of Florida’s SUPREME COURT DISCIPLINES 12 ATTORNEYS

Law Schools Are Getting Practical

July 13, 2011

In a Wall Street Journal article by Patrick Lee, he writes that looking to attract employers’ attention, some law schools are throwing out decades of tradition by replacing textbook courses with classes that teach more practical skills.

Lee says that Indiana University Maurer School of Law started teaching project management this year and also offers a course on so-called emotional intelligence. The class has no textbook and instead uses personality assessments and peer reviews to develop students’ interpersonal skills.

Additionally, New York Law School hired 15 new faculty members over the past two years, many directly from the ranks of working lawyers, to teach skills in negotiation, counseling and fact investigation. The school says it normally hires one or two new faculty a year, and usually those focused on legal research.

A few elite players also are making adjustments. Harvard Law School last year launched a problem-solving class for first-year students, and Stanford Law School is considering making a full-time clinical course—which entails several 40-hour plus weeks of actual case work—a graduation requirement.

Washington and Lee University School of Law completely rebuilt its third-year curriculum in 2009, swapping out lectures and Socratic-style seminars for case-based simulations run by practicing lawyers.

“Law firms are saying, ‘You’re sending us peoplewho are not in a position to do anything useful for clients.’ This is a first effort to try and fix that,” says Larry Kramer, the law dean at Stanford.

LAWSCHOOLS

These moves come amid a prolonged downturn in the legal job market. Only about one-quarter of last year’s graduating law-school classes—down from 33% in 2009—snagged positions with big law firms, according to the National Association for Law Placement, an organization that collects employment data.

Lee goes on to say that in past years, a law firm could bill clients for a new lawyer’s work, even if that time were spent getting the novice up to speed. During the recession, corporate clients started limiting the number of hours a firm could charge and made it a policy not to pay for first-year associates.

“This is a push from clients saying, ‘Why are we going to pay this kind of money? We don’t want to train the new lawyers,'” says Jennifer Queen.

There are also fewer jobs to go around at a time when lawyers are in excess. In 2010, there were more than twice as many people—about 54,000—who passed the bar exam than there were legal job openings in the U.S., according to an analysis by consultants at Economic Modeling Specialists Inc.

Most law schools’ offerings cover a wide range of topics, but clinical placements—often students’ first chance for a taste of real law work—are usually optional and far fewer in number than theory-based courses.

“Medical students learn from real doctors in a real hospital during their education. In law, we’re learning from a bunch of academics who have deliberately elected not to pursue law as a profession…there’s such a disconnect,” says BeiBei Que, a 2007 graduate of the University of Illinois College of Law. Ms. Que, who runs a boutique law firm that helps tech start-ups navigate legal issues, says she had to pick up practical skills—networking, soliciting clients, forming a business plan—on her own.

Law schools have generally lagged behind other, more real-world oriented institutions like business schools in piloting practical improvements, as law professors tend to focus on scholarly work, says Bill Henderson, a professor at Maurer. And curriculum change tends to “move like a glacier,” he adds.

The WSJ article points out that many remain skeptical that new approaches to education will have a meaningful impact on the ability of lawyers to land jobs. “It could enhance the reputation of the law school…as places that will produce new lawyers who have practical skills,” says Timothy Lloyd, a partner at Hogan Lovells. “As to the particular student when I’m interviewing them? It doesn’t make much of a difference.”

Other recruiters say schools that have overhauled programs need to do a better job of promoting the changes to employers in order to see an impact.

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. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.

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Florida Lawyers Assistance and Law Students

May 3, 2011

The Florida Lawyers Assistance website is a valuable tool for those lawyers and law students with drug, alcohol or psycholocial problems and criminal justice issues.  The following information appears on their website:

While not an agency of the Florida Board of Bar Examiners, FLA (Florida Lawyers Assistance) has developed a cooperative relationship with the staff of that agency and its members. That relationship includes education of board members regarding chemical and psychological impairments, treatments for the same, development of monitoring and probation protocols which permit admission of applicants with a history of impairment, orientation presentations at the various law schools, and a presentation by a Board member at the annual FLA Workshop in July.

The FLA article goes on to say that as a result of its acceptance of chemical and psychological impairments as treatable illnesses, the Board was one of the first in the U.S. to permit conditional admissions of applicants with a history of chemical dependency, psychiatric diagnoses, or criminal justice issues resulting from such conditions. The term “conditional admission” has no effect on an attorney’s scope of practice or authority, but only on the probationary terms with which the lawyer must comply for the period set by the Board. Such conditions may include attendance at a specified number of lawyer support or 12 Step meetings, monitoring by another attorney or mental health practitioner, and random urinalysis testing. The order of conditional admission is confidential, and conditional admittees are listed as “members in good standing” upon admission to The Florida Bar.

The FLA reminds us that the key to obtaining a recommendation for conditional admission if a history of chemical or psychological impairment exists is absolute honesty, candor, and completeness when preparing and filing the application for admission, together with a demonstration that the prior condition is being adequately addressed and treated (a relationship with FLA can be crucial in this regard). The Board is attempting to determine who you are based on your personal history, your undergraduate and law school experiences, and your preparation of the application. Demonstrating your present candor and honesty by providing everything on your application, including incidents about which you are embarrassed, or believe may jeopardize your chance of admission, or believe the Board will not discover, provides you with the best chance that a recommendation for a conditional admission will be authorized by the Board. Leaving something off the application in the hope the Board will not discover it (which it is guaranteed they will) makes almost certain that the recommendation will be against admission.

Applicants should be aware that the Florida Board of Bar Examiners has adopted a new policy of researching certain applicant’s social sites (Facebook, MySpace, etc.).

The 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 visit: www.floridabarhearing.com or call (888) 760-6552.

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