Tag Archive for: Florida bar examination

Why Did So Many Do So Poorly on July’s Bar Exam?

In a recent article from Bloomberg Business, they reported that the people who took the most recent bar exam in July were more likely to fail than those who took it last year.  They also claimed that on one portion of the test, the scores dropped to their lowest point in 10 years.

Bloomberg’s report wondered if America’s law graduates are “getting dumber?”

The National Conference of Bar Examiners,  the people who put the bar exam together, seem to think so. The report states that this year’s grads’ pre-law-school test scores declined from the year before, and did so every year from 2010 to 2013. However, this does not explain the poor performance on this year’s bar exam.  They didn’t do slightly worse, they did much worse.

Several law professors felt the reason may have been do to a software glitch causing the test company problems in uploading the answers the first day. No answers were lost but there was much time and anxiety spent with this issue which some feel may have contributed to the poor performance on the remainder of the test.

Many observers feel this should not deflect the issue.  The scores are getting worse on a yearly basis.  Some people feel that as law schools get fewer applications, they may be accepting less than qualified applicants in order to meet their bottom line.

We also caution perspective law students that it could be possible, in order to fill the classrooms, some law schools may be more lax in the applicant’s background. Even though the school accepts the applicant, the Florida Bar may not.

The Soreide Law Group represents those seeking admittance to the Florida Bar, and existing attorneys, for both Investigative Hearings and Formal Hearings before the Florida Bar.

For more information about our services at no cost call: (888) 760-6552.

The Florida Board of Bar Examiners: The Use of and Rehabilitation at Formal Hearings

by Charles A. Stampelos

The scenario is this: You have graduated from college and you have finished two years of law school. You worked to earn good grades with the expectation that you will graduate and become a member of The Florida Bar. You will be taking the Florida bar examination in a year and are reviewing the bar application now.

As you study the lengthy application, your anxiety level soars because you are asked to reveal that you have misdemeanor convictions for burglary and theft, that you are in arrears on several credit cards and loans, and that you have numerous traffic violations, and your drivers license has been suspended.

You must advise the board of your mistakes and be absolutely candid in your explanation. A lack of truth and candor during the application process will land you in scalding water in the investigative and formal hearing process and possibly put you in another line of work.

After having disclosed these facts, you may expect the board to invite you to an investigative hearing. You are entitled to be represented by counsel or you may go alone. The investigative hearing is a serious matter. Treat it as such. It bears repeating: A lack of candor during the bar application process, including the investigative hearing, could lead to your not being recommended for admission.

After the investigative hearing, the board will make one of the following determinations:

(a) that [you] have established [your] qualifications as to character and fitness;
(b) that a Consent Agreement be entered into with [you] in lieu of the filing of Specifications pertaining to drug, alcohol or psychological problems. In a Consent Agreement, the Board shall be authorized to recommend to the Court the admission of the applicant who has agreed to abide by specified terms and conditions upon admission to The Florida Bar;
(c) that further investigation into [your] character and fitness is warranted;
(d) that Specifications be filed charging [you] with matters which if proven would preclude a favorable finding by the Board.

Fla. Bar Admiss. R. 3-22.5.

Based on the results of the investigative hearing, the board decides to file specifications (the charges) and you desire to contest them. You must answer them under oath. If you do not answer, the specifications are deemed admitted. Fla. Bar Admiss. R. 3-23, 3-23.1. Barring reaching a consent agreement as provided in Rule 3-22.5(b), you will proceed to a formal hearing. See Fla. Bar Admiss. R. 3-23.2 for a discussion of the formal hearing process, including but not limited to the notion that the “technical rules of evidence” do not apply. Witnesses can be subpoenaed by you and the board’s counsel. Pursuant to its procedures, the board will give you a copy of any exculpatory material and statements given to the board by witnesses who will testify live at the formal hearing. You may also obtain copies of the board exhibits to be offered at the formal hearing and copies of any documents you furnished the board during the application process, and copies of documents third parties (with their consent) furnished the board. However, except as noted here and in the admission rules, you are not entitled to a copy of the board’s investigative file. See generally Florida Board of Bar Examiners re: Interpretation of Article I, Section 14d of The Rules of the Supreme Court Relating to Admissions to the Bar, 581 So. 2d 895 (Fla. 1991); Fla. Bar Admiss. R. 1-60-1-64 regarding the scope of confidentiality of the application process.

Your formal hearing will be conducted before a quorum of the board which shall consist of not less than five members of the board and will not include any member who participated in the investigative hearing. This provision may be waived with your consent. Fla. Bar Admiss. R. 3-23.2.

If you have committed one or more acts of misconduct, you may be facing an investigative or formal hearing.  In order to have any reasonable expectation of gaining admission, you must plan ahead and develop a plan and begin your rehabilitation now.

Soreide Law Group represents those seeking admittance to the Florida Bar in investigative hearings, and formal hearings. To speak to a lawyer please call: (888)760-6552 or visit our website at www.floridabarhearing.com.