Tag Archive for: 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.

January 2015 Florida Bar Hearing Defense Attorney Tip

Recently I returned from representing my clients in Investigative Hearings before the Florida Board of Bar Examiners in Tallahassee, Florida. In many of the Investigative Hearings before the Board I noticed that many applicants to The Florida Bar had past due or delinquent financial obligations. When my clients make me aware of delinquent financial obligations, I immediately begin to work with each applicant to make sure they become extraordinarily pro active with their creditors.  We focus on eliminating or substantially reducing financial obligations and making all accounts current.
The Florida Bar is not a debt collection agency. However, they do not want to see applicants “turning their back” on their creditors. All of this relates back to law firm trust accounting and the notion that if you can’t manage your own financial situations, you should not be allowed to manage a law firm’s escrow account.
For more ways to evidence financial rehabilitation and tips on how to prepare for Investigative and Formal Hearings before the Board of Bar Examiners visit our website or call Florida Bar Hearing Defense Attorney Lars Soreide at (888) 760-6552 for a consultation at no cost. We travel to all locations throughout Florida to appear before the Florida Board of Bar Examiners.

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.

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.

THE FLORIDA SUPREME COURT DISCIPLINES 18 ATTORNEYS

The following information appeared on the Florida Bar’s website:

Summaries of orders issued between Oct. 2 and Oct. 15, 2012

The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court in recent court orders disciplined 18 attorneys, disbarring two and suspending 11. Some attorneys received more than one form of discipline. Five attorneys were publicly reprimanded; two were placed on probation and one was ordered to pay restitution.

The Court orders are not final until time expires to file a rehearing motion and, if filed, determined.

 

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.

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.

Can Undocumented Immigrant Be Accepted to Florida Bar?

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.