Tag Archive for: Financial Problems Florida Bar Applicants

Florida Bar Defense Attorney Hearing Tip of the Month

Having just returned from the Orlando meeting before the Florida Board of Bar Examiners, I think it is important to emphasis to applicants the importance of fiscal responsibility.

The Florida Board of Bar Examiners is not a debt collection agency nor do they work for your creditors. If you are admitted as an attorney in Florida, you can immediately open a trust account and will be responsible for managing the account and making sure you follow all the bar rules concerning trust accounting. It is clearly a red flag if as a non-attorney applicant there is strong evidence of not being able to manage your own financial affairs.

One particular creditor the Florida Bar does not want to see you turn your back on is the Internal Revenue Service. If you owe the IRS money and you can’t afford to pay them at the time, make a payment plan or offer what you can afford. If anything, this at least evidences some financial responsibility that you can resolve your own debts and come to a resolution.

Many times creditors will accept pennies on the dollar and I work with and advise my Florida Bar hearing clients on how to resolve the vast majority of their debts prior to their hearing. While sitting before the Board it is best to not have anything delinquent.

For more information speak to a Florida Bar hearing defense lawyer at the Soreide Law Group.  We represent 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.

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.

 

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

THE FLORIDA SUPREME COURT DISCIPLINES ATTORNEYS

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.

FLORIDA’S SUPREME COURT DISCIPLINES 31 ATTORNEYS IN JANUARY

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.

FLORIDA SUPREME COURT DISCIPLINES 16 ATTORNEYS

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.

The State of Florida’s SUPREME COURT DISCIPLINES 12 ATTORNEYS

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.

Law Schools Are Getting Practical

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.

Florida Lawyers Assistance and Law Students

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.