Tag Archive for: florida bar investigative hearing

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

Non-US Citizens Applying to The Florida Bar

The following message was sent from the Florida Bar to the 17th Circuit Representatives of  The Florida Bar Board of Governors;

“The Florida Bar Board of Governors met on July 26, 2013. Major actions of the board and reports received include:

In response to a notice of intent to file a petition to amend Rule 1-3.1 of the Rules Regulating The Florida Bar to specify that no one who has complied with requirements for Bar  admission be disqualified from membership solely because he or she is  not a U.S. citizen, the board voted to respond to the petition after its filing by indicating that the board supports the concept contained in  the petition, but that the board believes that the amendment is more  appropriately placed in the Rules of the Supreme Court Relating to  Admissions to the Bar, and that the board recommends to the Supreme  Court of Florida that it seek input from the Board of Bar Examiners on  the issue. The notice of intent to file the petition was submitted as  per Rule 1-12.1(f) and (g). The Florida Bar has not taken a position on the case of Jose Godinez-Samperio, an undocumuented immigrant seeking to become a member of the Bar.”

The following article pertains to the above mentioned case and appeared in our blog:

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

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

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.

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

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.

Florida Licensed Lawyers and Drug Abuse

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.

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.