Tag Archive for: florida bar formal hearing

Florida Supreme Court to Hear Whether or Not Undocumented Immigrants Are Eligible for Admission to The Florida Bar

The Florida Supreme Court is now back in session and is facing several high-profile cases.  One of those cases to be decided is:

Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants Are Eligible for Admission to The Florida Bar.

We have already posted twice on our blog regarding this case.  To review, click on the following links:

https://www.floridabarhearing.com/barhearingblog/?p=177

https://www.floridabarhearing.com/barhearingblog/?p=225

Briefly, the case involves Jose Godinez-Samperio, who came to America at 9 years-old from Mexico and graduated from law school at Florida State University. The problem is, Godinez-Samperio is an undocumented immigrant. The Supreme Court heard arguments in October, 2012, after the Florida Board of Bar Examiners asked the justices for guidance.

Godinez-Samperio also was approved to stay and work in the country under the 2012 Obama administration policy — “deferred action” — which was developed to help young people.

Last year the justices questioned whether the federal law prohibits undocumented immigrants from getting law licenses. In May, the U.S. Department of Justice said federal law bars the Florida Supreme Court from issuing a law license to an “unlawfully present alien,” regardless of the deferred-action issue. This dealt a major blow to Godinez-Samperio’s case.

Attorney Lars K. Soreide,  Soreide Law Group, 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.

 

Sarasota Man Went from Multi-Felon to Attorney Thanks to Youth Court

It’s been eleven years since Stefan Campagna was charged with his 27th felony in Sarasota, writes Jessie Van Berkel in a recent article for the Sarasota Herald-Tribune.

The 27-year-old said he will not disassociate himself from his past — from the 16-year-old who busted into cars with a group of friends and had an “I dunno” mentality when he was asked why he did it. His past will help him connect with people in his future.

“People listen more to someone they can relate to,” Campagna said at a Sarasota County’s youth court celebration.

Campagna, a Sarasota native graduated in May from Hofstra University College of Law in New York and was honored as a member of the Florida Bar earlier this month. He is coordinator for the National Association of Youth Courts.

“He’s gotten every award we’ve given out,” said Katie Self, who has coordinated the teen court since six months after it was created in 1988. The teen court was the first court of its kind in Florida. It places youths who plead guilty to an offense in a unique setting, where people their age act as the bailiff, defense, prosecution and jury. Volunteers from local high schools determine the punishment for their peers. If the defendant completes their requirements, the charges are dismissed.

Stefan Campagna, was given 18 rounds of jury duty at the teen court and 150 hours of community service.

“Initially I wasn’t very receptive to much of anything,” he said. Campagna told himself he would likely end up in court again, and he had better be on the right side of the bench. So he went on to study law.

Since Sarasota created its teen court in 1988, 53 Florida counties have followed suit, according to the Florida Association of Teen Courts. And the number of courts nationwide has grown over the past few decades. Campagna even helped create a youth court in Nassau County, New York, where he went to law school.

The studies done on the courts’ effectiveness in reducing repeat offenders, generally found recidivism was less frequent for people who went through teen court.

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

Three Florida Lawyers Permanently Disbarred

In a recent article for Ft. Lauderdale’s Sun Sentinel, Donna Gehrke-White writes that the Florida Supreme Court permanently disbarred two Broward County attorneys and a Palm Beach County lawyer from practicing law.

According to Florida Bar records, RJF of Hallandale Beach had been practicing law since 1958, but got into trouble when he was named a personal representative for a client’s estate. When the beneficiary attempted to cash a check from the estate, he couldn’t because RJF “admitted that he misappropriated trust funds,” the Florida Bar wrote.

Then RJF continued to practice law and tell clients he was an attorney despite being disbarred in May. The Florida Supreme Court found him in contempt and banned him from ever practicing law.

Two additional South Florida attorneys were banned permanently from practicing law after they were found to be in contempt of their disbarment. They also can never apply to practice law again, Kirksey said.

OJO was accused of failing “to record at least 17 original deeds and 21 original mortgages, exposing a title insurance fund to more than $10 million in claims exposure,” according to Florida Bar records. “A Florida Bar compliance audit of OJO’s trust accounting records determined that he misappropriated more than $370,000 in client funds.” This year he was found to still be practicing law.

AK of Boca Raton was permanently disbarred after he was found not complying with an Oct. 2 disbarment order, according to Florida Bar records. AK had been practicing since 2005. He had been ordered to notify all his clients of his disbarment and provide a sworn affidavit of those who had been given a copy of his disbarment order. But the Supreme Court ruled he hadn’t complied.

<strong>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.</strong>

Florida Supreme Court Disciplines 22 Attorneys

The following information was obtained on The Florida Bar’s website:
Summaries of orders issued between Feb. 15 – March 11, 2013

The Florida Bar, announced that the Florida Supreme Court in recent court orders disciplined 22 attorneys; disbarring five, suspending 13 and publicly reprimanding four. Three attorneys received more than one form of discipline. Two were placed on probation and one was ordered to pay restitution.  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 95,000-plus lawyers admitted to practice law in Florida. Since 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 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. 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.

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.

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 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.