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The Importance of Character and Fitness When Applying to the Florida Bar

The following information was obtained from the Florida Board of Bar Examiners website. 

Proof of Character and Fitness.  When applying to the Florida Bar, all applicants shall produce satisfactory evidence of good moral character, an adequate knowledge of the standards and ideals of the profession, and proof that the applicant is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney. The background investigation cannot be initiated without the completed Bar Application, Authorization and Release Form and appropriate fee. Persons beginning law school are encouraged to apply by the deadlines set forth in rule 2-23.1. Third-year law students including those who previously registered and those who did not file an early registration, are encouraged to file the applicable Bar Application forms at the beginning of their senior year. The following eligibility requirements apply:

  1. Persons must be 18 years of age or older to be admitted.
  2. Persons who have been disbarred from the practice of law or who have resigned pending disciplinary proceedings shall not be eligible to apply for a period of 5 years from the date of disbarment or 3 years from the date of resignation or such longer period as is set for readmission by the jurisdictional authority.
  3. Persons who have been suspended for disciplinary reasons from the practice of law in a foreign jurisdiction shall not be eligible to apply until expiration of the period of suspension.
  4. Persons who have been convicted of a felony shall not be eligible to apply until the person’s civil rights have been restored.
  5. Persons who are serving a sentence of felony probation regardless of adjudication of guilt shall not be eligible to apply until termination of the period of probation.
  6. Applicants who have been refused a favorable recommendation through the filing of Findings of Fact and Conclusions of Law that have not been reversed by the Supreme Court of Florida shall not be eligible to seek admission to The Florida Bar until 2 years after the date the board delivered its adverse findings or such longer period as set by the findings.

For further information relating to admission requirements refer to the Rules of the Supreme Court Relating to Admissions to The Bar (Rules).

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.

Checklist to File a Florida Bar Application (Student Registration not previously filed, first time taker of the examination)

This information was obtained from the floridabarexam website.  Always check to make sure there have not been any changes or updates to this information.  This is meant only as a guide.

This form is designed to assist you in gathering information, completing your Bar Application and preparing the material to submit a complete application. Click the various links to access information or printer-friendly forms. Applications submitted with accurate and complete item responses and all required supplemental documents can be processed more expeditiously. Processing will not be initiated on defective applications and an additional defective fee may be charged. A ticket of admission into the examination will not be issued if the complete application and required supplemental documents are not provided. If all required documents are not filed timely, late fees may be assessed.

STEP 1 – PRINT AND USE CHECKLIST

____1.Print this Checklist
____2.Check each item when completed to ensure that your Bar Application includes all necessary supplemental documents and information

STEP 2 – GATHER INFORMATIONAL MATERIALS

Completion of this application will be time consuming. In order to complete your Bar Application efficiently online, it is suggested that you gather information and have it available when you complete the online questionnaire.

____1.Residence information including dates and complete addresses for the past 3 years, dates and city/state since your 16th birthday
____2.Names and addresses of all undergraduate and graduate schools you attended and dates of attendance
____3.Names of all law schools attended and dates of attendance
____4.Five personal references who have known you well within the past 5 years, including names and current mailing addresses.
____5.Employment information for the last 10 years or since your 16th birthday, whichever is shorter. You are required to provide employers’ names, addresses, dates employed, position, type of business, supervisor and reason for leaving. Include self-employment or association with any occupation, business, enterprise or profession, either part-time or full-time. Include employment as a law clerk; include positions in clinics, internships, externships, or other similar non-paid positions.
____6.Financial information about delinquent credit, defaulted credit, unfiled tax returns, checks returned for insufficient funds and delinquent student loans
____7.Information about arrests, charges or accusations (including traffic violations) reporting dates, law enforcement agency, explanation of event and final disposition. If your arrest records are sealed, you must petition the appropriate court to unseal those records.
____8.Information about all bar admission or registration applications filed in Florida or any other jurisdiction
____9.Transcripts from all undergraduate schools from which you received an undergraduate degree, transcripts from all law schools attended (except your current law school, if you are still attending), even if the credit was transferred to another school or is reflected on another school’s transcript, and transcripts from any post-secondary schools attended subsequent to law school. You should request that all transcripts be sent from each educational institution attended directly to the Board’s office and provide a copy of each request with your application.
____10.Fingerprints
All applicants for admission to The Florida Bar must have their fingerprints scanned for electronic submission to the Florida Department of Law Enforcement and to the FBI by Integrated Biometric Technology (IBT). Instructions for this step are in the answer to How do I submit the required fingerprints? in our FAQ. Confirmation of your compliance with this step must be received by the board before processing of your application can begin.
____11.Certificate of Dean
Complete the top section and submit the Certificate of Dean to your law school dean after your graduation. If attending a Florida law school, do not provide the form to your school.

The following documents from other agencies may be needed, depending on your response to various items on the Bar Application.

____12.A copy of your DD-214, reflecting your character of service and re-entry code
____13.For lawsuits where you are personally named a defendant or counter-defendant, you are required to include an exact and complete copy of the complaint or other initial pleading, answer, counterclaim, if any, and the disposition of each action, or a letter from the court verifying that the documents are not available.
____14.Copies of bar applications or registrations filed in any other jurisdiction
____15.Certificates of Good Standing from each jurisdiction where you are admitted

STEP 3 – COMPLETE THE BAR APPLICATION ONLINE

When you have gathered the information above, you are ready to complete the online Bar Application. A high-speed Internet connection is recommended.

____1.Read the Introduction to the Online Bar Application.
____2.Create an Account. If you do not complete the online application within six months from the date you create your account, your account and all of the information you have entered will be deleted; you will have to start over by creating a new account.
____3.Log in to access the Main Menu of the Bar Application. It is best to answer the items in order.
____4.You may start and stop completion of the online Bar Application as necessary. To securely exit the program, return to the Main Menu, log out and close your browser. When returning to the program, access the Bar Application’s Main Menu from the “Resume Bar Application” link found on the left side of the Home page.
____5.Complete each item of the application until you have completed and saved each item as finished. Three columns of items are displayed, Not Started, Saved As Draft, and Saved As Finished.
____6.When all items are saved as finished on the Main Menu page, you will be offered instructions for printing a “Draft Version” of your Bar Application. Follow the on-screen instructions. When ready to proceed, click the “Draft Version” button. This will accumulate your individual item responses into a printer-friendly document and display it on your screen. Print the draft.
____7.Read and carefully review each item of the “Draft Version” of your application to assure that each item prints completely and correctly. Make individual item revisions or additions by clicking that item in the “Underway” column, reentering or correcting data and saving your work. You may print the draft as many times as necessary.
____8.When you are certain that your application is complete and accurate, return to the Main Menu page and follow the on-screen directions following the “Draft Version” button. Do not press the “Final Version” button without printing a draft and making corrections. You will not be able to make changes or additions to your Bar Application after clicking the “Final Version” button. When ready to proceed, click the “Final Version” button and your responses will be accumulated in a finalized printer-friendly document and displayed on your screen.
____9.Print two (2) copies of the “Final Version” of your Bar Application. You will need one copy to submit to the Board within six months of creating the final version and one copy for your records. Do not delay printing. The “Final Version” of your Bar Application will be removed from the Web Server 24 hours after creating the “Final Version”. If you do not print the “Final Version” during this 24-hour interval, you will have to create another account and re-enter all item data. The “Draft Version” of your Bar Application will not be accepted.
____10.Complete the handwriting sample in Section C at the end of your printed copy of the online Bar Application.
____11.Proceed to Section D of the Bar Application.
____12.When you have responded to all items, click the button, “Finalize My Application.” The program will accumulate your responses in a document and display it on the screen. Print the document.
____13.Complete the handwriting sample on the last page of Section D.
____14.Print and complete all supplemental forms in Step 4 below.
____15.Have all documents [Bar Application (Sections A-C), Bar Application (Section D), Authorization and Release, Financial Affidavit, etc.] notarized. The notary should require identification and place you under oath prior to requiring you to sign each document.
____16.Confirm that the notarization is properly executed (including that the notary properly indicates how you were identified, signs, dates, and affixes his or her stamp). Incorrect notarization will cause your application to be returned and delay initiation of the background investigation.

STEP 4 – PACKING LIST TO SUBMIT A COMPLETE BAR APPLICATION

As you package your application, check off each item below confirming that you have completed and included each required item.

____1.Bar Application (Sections A-C)
Completed and properly notarized. Be sure to keep a copy for your records.
____2.Bar Application (Section D)
Completed and properly notarized. Be sure to keep a copy for your records.
____3.Authorization and Release (PDF – 63k)
Three (3) originals, completed and properly notarized
____4.Affidavit of Compliance (PDF – 62k)
____5.Application fee
Computed using the Application Fee Worksheet (PDF – 46k). Clip the check to the front page of the Bar Application.
____6.Fingerprints
All applicants for admission to The Florida Bar must have their fingerprints scanned for electronic submission to the Florida Department of Law Enforcement and to the FBI by Integrated Biometric Technology (IBT). Instructions for this step are in the answer to How do I submit the required fingerprints? in our FAQ. Confirmation of your compliance with this step must be received by the board before processing of your application can begin.
____7.2″ x 2″ passport photograph
Write your name on the back and staple to the Examination Application (if filed concurrently) or to the first page of the Bar Application. If previously filed with Examination Application, do not resubmit.
____8.Proof of citizenship

  • If you are a citizen of the United States, submit with your Bar Application a certified copy of your birth certificate, or provide a photocopy of your certificate of naturalization, or certificate of citizenship for submission to the United States Citizenship and Immigration Services for verification of authenticity.
  • If you are not a citizen of the United States, provide a photocopy of the immigration document that documents your status for submission to the United States Citizenship and Immigration Services for verification of authenticity.
  • For more information on how to obtain documents to prove citizenship or immigration status, read Must I provide documentation of my U.S. citizenship or immigration status? in our FAQ.

All of the following as applicable:

____9.Copies of letters of request for undergraduate and graduate transcripts
____10.Documentation of military service (DD-214, Report of Separation, or equivalent)
____11.Copies of litigation documents
____12.A copy of the judge’s signed order to unseal arrest records
____13.Copies of letters to doctors (as required by Items 25-26)
____14.Copies of bar applications from other jurisdictions
____15.Certificates of Good Standing
____16.Financial Affidavit (PDF – 442k)
This form should be completed if required by a response to an item on the Bar Application.

Address your package to the Florida Board of Bar Examiners and mail within six months of creating the final version.

U.S. Postal Service:
1891 Eider Court
Tallahassee, FL 32399-1750		                FED EX or other delivery service:
1891 Eider Court
Tallahassee, FL 32308

Reporting Changes to the Bar Application

Your Bar Application is a continuing application and you have an obligation to keep the responses to all items current and complete by the filing of timely amendments. Updates to your Bar Application should be made by using the Amendment form (PDF – 72k)

Again, this is to be used as a guide only, alway check with the Florida Bar to make sure you comply with all of the specifics.

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 SUPREME COURT DISCIPLINES 21 ATTORNEYS

On June 30,2010, 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 21 attorneys, disbarring six and suspending nine. Some attorneys received more than one form of discipline. Seven attorneys were publicly reprimanded and four were placed on probation. Four were ordered to pay restitution.

As an official agency 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 88,000-plus lawyers admitted to practice law in Florida.

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, less than 5 percent of disbarred lawyers seek readmission.
This information was obtained from The Florida Bar website.
The following lawyers are disciplined:

Leo Becerra, Jr., 6780 Coral Way, Miami, suspended until further order, following a May 26 court order. (Admitted to practice: 1999) According to a petition for emergency suspension, there was clear, convincing evidence that Becerra misappropriated and/or diverted client funds. (Case No. SC10-947)

Kathleen M. P. Davis, P.O. Box 542796, Greenacres, to be publicly reprimanded and placed on probation for one year following a March 25 court order. (Admitted to practice: 1995) Further, Davis shall pay restitution of $15,000 to three clients. After accepting retainer fees from clients in two separate family law cases, Davis failed to diligently pursue the cases. (Case No. SC09-1979)

Jose Miguel De la O, P.O. Box 347106, Coral Gables, disbarred on consent, effective 30 days from a May 20 court order. (Admitted to practice: 1986) De La O failed to use client funds as instructed by his clients. He also failed to preserve and apply client funds in accordance with Rules Regulating Trust Accounts. (Case No. SC10-848)

Gary Elvin Doane, 738 W. Colonial Drive, Orlando, to be publicly reprimanded and placed on probation for one year, effective immediately, following a May 20 court order. (Admitted to practice: 1977) In advertising his services, Doane used the trade name “Legal Experts,” when he was a sole practitioner who was certified by The Florida Bar in only one area of the law — civil trial. (Case No. SC08-1278)

Michael Sean Foster, 1398 SW 1st St., Miami, suspended for two years, following a May 13 court order. The suspension shall run consecutive to the suspension imposed on Oct. 8, 2009. (Admitted to practice: 2004) Foster accepted representing numerous clients and thereafter failed to communicate with them; failed to act with reasonable diligence and promptness; failed to appear at court hearings; charged an excessive fee; refused to respond to the investigative inquiries of The Florida Bar; and refused to participate in the disciplinary process before the grievance committee. (Case No. SC09-2028)

Gary D Gelch, 1318 SE 2nd Ave., Fort Lauderdale, to be publicly reprimanded following an April 15 court order. (Admitted to practice: 1995) Gelch pleaded guilty to failure to competently represent a client and failure to be truthful in representing her case. (Case No. SC10-581)

Joseph Kevin Hall, 5721 S.W. 17th St., Plantation, to be publicly reprimanded and placed on probation for one year, following a May 6 court order. (Admitted to practice: 1996) After being retained to provide legal services, Hall failed to communicate with the client. (Case No. SC10-579)

Eric D. Hightower, 2815 Cuyahoga Lane, West Palm Beach, suspended for six months, effective immediately, following an April 15 court order. Three months of the suspension shall run concurrent with his current 30-month suspension and three months shall follow his current 30-month suspension. (Admitted to practice: 1988) Hightower is the subject of three separate Florida Bar discipline matters. He was hired to represent clients, but he failed to timely notify clients and the court of his suspension. (Case No. SC09-1661)

Dwayne Bisford Johnson, Sr., 733 Cypress Drive Apt. A, Lake Park, suspended for 91 days, effective thirty days from a May 20 court order. (Admitted to practice: 1998) Johnson shall pay restitution of $500.00 to one client. Because of delinquencies of CLE requirements, basic skills course requirements and Bar fees, Johnson was prohibited from practicing law in Florida from Jan. 31, 2008 through March 13, 2009. Johnson practiced law during that period despite his ineligibility. (Case Nos. SC09-1846 & SC09-1889)

Nicolas Andres Manzini, 169 E. Flagler St., Suite 1500, Miami, disbarred effective 30 days from an April 1 court order. (Admitted to practice: 1978) Manzini is the subject of four separate Florida Bar disciplinary matters. (Case No. SC10-562)

Omar Medina, Jr., 505 S. Magnolia Ave., Tampa, suspended for 90 days, effective June 24, following a May 12 court order. (Admitted to practice: 1989) After the suspension expires, Media will be placed on probation for three years. Further, Medina shall receive a public reprimand. In one instance Media signed an attorney’s name to a settlement document without the other attorney’s knowledge or permission. He also failed to tell opposing counsel that the signature for the other attorney was not genuine. In another case, an audit of Medina’s trust account revealed that Medina failed to maintain required trust account records. (Case Nos. SC09-164 & SC09-644)

Joseph Barry Miller, 235 Porto Vecchio Way, Palm Beach Gardens, suspended effective 30 days from a May 24 court order. (Admitted to practice: 1973) Miller pleaded guilty in U.S. District Court, Southern District of Florida, to one count of conspiracy to commit wire and mail fraud, in relation to moneys obtained as a result of fraudulent mortgages, a felony. (Case No. SC10-942)

Jill Beth Newman, 8615 Indian River Run, Boynton Beach, suspended for two years effective retroactive to May 6, 2009, following an April 23 court order. (Admitted to practice: 2000) Newman falsely represented that she was holding escrow deposits in her trust account, when in fact, she had not received or deposited funds. She deposited operating account funds to cover shortages in her trust account; and an audit of Newman’s trust account revealed that multiple deposit slips had no indication for the client or the matter for which the funds were received. Newman’s bank records subpoenaed by the Bar revealed that Newman wrote two checks totaling $20,000, when her operating account was overdrawn by more than $1,700. (Case No. SC-09-37)

Frank T. Noska, P.O. Box 254, Palm Beach, to be publicly reprimanded following an April 15 court order. (Admitted to practice: 1982) Further, Noska shall pay restitution of more than $15,000 to three clients. After being retained to handle two separate tax cases, Noska entrusted much of the day-to-day handling of the matters to people who were not licensed Florida attorneys. Noska did not properly supervise the non-lawyers to ensure that deadlines were met and files were properly managed. (Case Nos. SC10-158 & SC10-507)

Natalia V. Poliakova, 2837 S.W. 3rd Ave., Miami, suspended for six months, effective 30 days from a May 20 court order. (Admitted to practice: 2000) Further, Poliakova shall pay restitution of $500.00 to one client. Poliakova was retained to assist with the filing of an application for lawful permanent residence status (Green Card) for a family. She failed to inform the clients of the denial of the Green Card application and their right to appeal, and she failed to provide timely responses to inquires from The Florida Bar. Poliakova also knowingly made a false statement of material fact to the grievance committee. (Case No. SC10-160)

Tashi Iana Richards, 7920 N.W. 6th St. Apt. 205, Pembroke Pines, permanently disbarred effective immediately, following a May 6 court order. (Admitted to practice: 2004) After accepting a retainer of $5,000 to handle legal issues involving contractor workmanship, code enforcement and a possible foreclosure, Richards failed to communicate with the client. As a result, the client and her family were harmed by Richards’ failure to act. Richards also failed to respond to a letter sent to her by The Florida Bar regarding the case. (Case No. SC09-2247)

Daniel J. Rose, 323 N.E. 6th Ave., Delray Beach, to be publicly reprimanded following an April 15 court order. (Admitted to practice: 2001) Rose is the subject of two Florida Bar disciplinary matters. In one instance, a couple authorized their daughter to sign their names on a mortgage note. Rose notarized the signatures, knowing they had not actually signed the document. In another instance, an examination of Rose’s trust account records revealed that he had commingled funds. (Case No. SC10-584)

Vincent Tony Sammarco, P.O. Box 841026, Pembroke Pines, disbarred effective immediately, following an April 15 court order. (Admitted to practice: 1983) As an agent for the Attorney’s Title Insurance Fund, Sammarco failed to preserve and issue the Fund’s title insurance forms or conduct real estate closings in a prudent manner. He also failed to properly preserve and disburse funds he held in trust that were to be used to pay off mortgages after real estate closings. (Case No. SC10-635)

Raul Javier Sanchez de Varona, 1320 S. Dixie Highway, Suite 280, Coral Gables, disbarred effective 30 days from an April 15 court order. (Admitted to practice: 1990) Subsequent to a disciplinary resignation in 2004, Sanchez de Varona held himself out as an attorney. He admitted that in November 2009, he signed and transmitted an e-mail designating himself as the “general counsel” for a corporation in which he held an ownership interest. (Case No. SC10-593)

James L. Soule, 7515 W. Oakland Park Blvd. #100, Fort Lauderdale, suspended for 91 days following a June 3 court order. (Admitted to practice: 1994) Soule is currently suspended, therefore the suspension is effective immediately. In one instance, Soule was retained to handle several civil matters. While representing the client, Soule began handling a financial investment as well. When asked to return the investment funds of $135,000, Soule failed to do so. In another instance, Soule failed to pay the $4,000 balance due in a final judgment. (Case No. SC09-1845)

Cynthia Gaskins Strickland, 2450 Hollywood Blvd., Suite 303B, Hollywood, permanently disbarred effective immediately, following an April 29 court order. (Admitted to practice: 2000) A preliminary examination of Strickland’s trust account records by The Florida Bar revealed evidence of misappropriation of client funds as well as a pattern of using recent deposits to cover obligations incurred previously. (Case No. SC09-2009)

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 visit: www.floridabarhearing.com or call (888) 760-6552.

Social Networking Sites Can Affect Your Legal Career in Florida

SEBRING – Recently, in a Tampa Bay newspaper article, Brad Dikerson wrote that it boasts over 500 million users and is one of the most popular ways to stay in touch with family and friends in the 21st century.

These sites are accessed in a public domain and, therefore, certain comments that are posted on, say, a county official’s Facebook page, can be subjected to the state’s Sunshine laws.

But one of Facebook’s downsides is the harm it can potentially cause to public officials, those in the court system and also the media.

“Social networking sites can impact open government, and that’s both sides of open government,” said Jim Rhea, director of Florida’s First Amendment Foundation.

Public records include not only documents, papers and letters, but all other material, “regardless of physical form, characteristics or means of transmission,” according to Rhea.

This broad, encompassing definition of what exactly constitutes a public record was added back in the 1990s, as the world was entering the computer age, and electronic communications were as frequently used as the telephone, according to Rhea.

Things that a private resident might post on their Facebook page or a friend’s would ordinarily not have any impact. However, Rhea said, if several county commissioners were all “friends,” and making posts or sending e-mails about county affairs, then they would be in violation of Sunshine laws.

“Even if this is your private page, you’re still dealing with the transaction of official business,” he said.

Rhea added that there have been situations where officials try to delete these correspondences. Again, they would find themselves in violation because those e-mails and Facebook posts are now public records.

The issue of public records again came into the fold, especially since the defendants in Teen Court are all juveniles and, therefore, their identities are kept confidential, according to Germaine.

Jerome Kaszubowski, who works in the local clerk’s office, said he researched the possibility of establishing a Facebook page almost 10 months ago. One of the biggest issues was over public records in relation to social networking sites.

Concerns included what could happen if someone who had access to the clerk’s page got on and left possibly inflammatory comments.

“There’s no telling what kind of junk that people could throw out there,” Kaszubowski said.

Lawyers have certain guidelines they must follow when it comes to social networking sites, as directed by the Florida Bar Association.

They are allowed to have the sites, as long as they are used “solely for social purposes,” according to the Bar’s guidelines.

If a page appears on a site such as Facebook and is used to promote an attorney or firm, it is subject to all lawyer advertising rules, which include no misleading information and no “visual or verbal portrayals that are false, misleading, manipulative or confusing.”

Florida judges are a different matter. In November, a Judicial Ethics Advisory Committee of the Florida Supreme Court issued opinions on a number of issues related to social networking sites.

One of those was whether a judge may add attorneys as “friends” on his or her social networking site, and whether lawyers could, in turn, add them.

The committee said no on this issue.

In reviewing it, the committee found that by judges adding attorneys as Facebook “friends,” they would be in violation of one of the court’s canons, according to the opinion dated Nov. 17, 2009.

That canon states, “A judge shall not lend the prestige of judicial office to advance the private interests of the judges or others, nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge.”

In its opinion, the committee thought that judges having lawyers as friends on their social networking site would give the impression, “that these lawyer ‘friends’ are in a special position to influence the judge.”

An evolving medium

While there are numerous advantages to social networking sites, those in positions of governing, judging and newsmaking have to be increasingly careful that they adhere to all rules relating to public records and public information.

As more and more users flock to sites like Facebook, those rules will continue to evolve and what is considered public and private information will undoubtedly change.

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 visit: www.floridabarhearing.com or call (888) 760-6552.

Florida Lawyers Assistance

Florida Lawyers Assistance, Inc. is a non-profit corporation formed in 1986 in response to the Florida Supreme Court’s mandate that a program be created to identify and offer assistance to bar members who suffer from substance abuse, mental health, or other disorders which negatively affect their lives and careers (Bar Rule 2-9.11). Florida Lawyers Assistance or FLA receives it’s funding from The Florida Bar, however it is an independent organization.

It is of utmost importance to the FLA to the protect the confidentiality for those attorneys who contact FLA for help. Confidentiality in voluntary cases is protected by a written contract with The Florida Bar which guarantees the confidentiality of FLA records, as well as by Bar Rule 3-7.1(j), Chap. 397.482-486, F.S., and other state and federal regulations. Law students, attorneys, judges,  and support personnel who seek the assistance of FLA need not worry that FLA will report them to the Bar, the Board of Bar Examiners, or their employer. Information is shared only if the participating individual signs a waiver of confidentiality. FLA’s primary purpose is to assist the impaired law student, attorney, or judge in his or her recovery.

It is of importance to note that Florida Lawyers Assistance takes the firm position that substance abuse, compulsive behavior, and psychological problems are treatable illnesses rather than moral issues. Their experience has shown that the only stigma attached to these illnesses is an individual’s failure to seek help. FLA believes it is the responsibility of the legal community to help their colleagues who may not recognize their need for assistance.

Support Meetings

Through its over 300 volunteer legal professionals, there are over 30 weekly support groups throughout Florida for lawyers, judges, and law students. Some of the groups focus on substance abuse and are attended by legal professionals in recovery or who want to learn more about the recovery process. Other groups deal with mental health issues or dual disorders. These groups meet each week for approximately one hour.

For those dealing with mental health issues such as stress, anxiety, depression, bi-polar disorder, dual diagnoses, or other compulsive disorders, FLA also sponsors support meetings. These meetings are run by licensed mental health professionals to whom a nominal fee is paid by the participants. As with the chemical dependency support meetings, the groups are confidential unless reporting is a requirement of a probation or conditional admission.

Judges, attorneys, and law students recovering from substance abuse, or those who are interested in entering the recovery process, are invited to attend an FLA attorney support meeting whether or not they have disciplinary or bar admission problems or not. Particular issues affecting the recovering lawyer and the maintenance of their recovery while dealing with the pressures and ethical questions in the practice of law or the bar admission process are regularly discussed. The groups are confidential, and no record of attendance or issues raised is reported to FLA or to the Bar (unless required by terms of probation or conditional admission).

If your drug and alcohol abuse problems have created an issue with the Florida Bar or the Florida Board of Bar Examiners you should speak to an experienced Florida Bar defense lawyer to obtain more information on Florida Lawyers Assistance. Call (888) 760-6552 for a free consultation.

Investigative Hearings before the Florida Bar Examiners

A law student who feels they might be called for an investigative hearing should file his or her application for admission to the Bar as soon as possible.  The numbers of applicants who are being called for hearings is increasing.  Remember, third-year students will have their Bar admission delayed if these steps have to be taken after taking the Bar Exam.  

If you receive a letter requesting appearance at an investigative hearing, respond immediately to request the time and venue of the hearing, you may also at this time choose to consult with counsel.

Remember, your responses on the application for admission to your law school must conform with those on your application for admission to the Bar, and both must conform to what the Board of Bar Examiners will discover in their investigative process.

Some of the typical problem areas include, but are not limited to, the following:

  • Failure to report any academic probation/suspension at another institution
  • Failure to report disciplinary measures taken at another institution, including, but not limited to any dorm warnings, sanctions imposed such as requirements to take a course, pay a fine, write a paper, etc.
  • Failure to report “minor” events such as minor in possession, underage drinking, open container violations, etc.
  • Failure to report traffic offenses where the actual paid fine was in excess of $200
  • Failure to report incidents that occurred after your original law school application was filed
  • Failure to report incidents that occurred in law school, including, but not limited to stadium events and any of the above that may have occurred in law school.

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 or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

FLORIDA SUPREME COURT DISCIPLINES 28 ATTORNEYS 4/29/10

It was announced through The Florida Bar, the state’s guardian for the integrity of the legal profession, that the Florida Supreme Court in recent court orders disciplined 28 attorneys, disbarring seven and suspending 18. There were some attorneys who received more than one form of discipline. Three attorneys were publicly reprimanded. Two were ordered to pay restitution.

As reported in The Florida Bar, as an offical agency 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 88,000-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, www.floridabar.org.

The 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.

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 or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

72% in Florida pass the Bar Exam in February

The Florida Board of Bar Examiners released the results from the most recent bar exam given in February, 2010, on April 12th. The following statistics were published in the May 1, 2010 issue of The Florida Bar News.

A total of 812 people took the exam, 416 from out-of-state and the remainder in-state graduates. The FBBE also said 902 took the Multistate Professional Responsibility Exam in March, 180 from out-of-state and the remainder from the 11 Florida law schools.

As for the other 10 Florida law schools, law graduates from Florida State University passed the exam at an 84.8 percent clip. The only other schools to have more than 80 percent of its students pass the bar were Nova Southeastern and the University of Florida.

Of the schools with multiple graduates sitting for the exam, FSU led the way with 28 of its 33 graduates passing or 84.8 percent. NSU was next with 23 of 28 test-takers passing or 82.1 percent. UF was next with 30 of its 37 graduates passing or 81.1 percent. The University of Miami was next, with 31 of its 43 graduates passing, or 72.1 percent. Next was Florida International University, where 25 of 35 graduates passed, or 71.4 percent.

Of the other law schools: 50 of Stetson University’s 74 students passed the exam, or 67.6 percent; 18 of 28 graduates from Barry University passed, or 64.3 percent; 21 of 33 students from St. Thomas University passed, or 63.6 percent; 39 of 64 graduates from Florida Coastal University, or 60.9 percent; 11 of 20 from Florida A&M University passed, or 55 percent.

Three hundred and nine of the 416 applicants from out-of-state law schools passed, or 74.3 percent. Overall, 72.2 percent of those who took Parts A and B passed. That figure was 84.5 percent for the MPRE portion of the exam. Passage rates by school were 92.6 for UF; 90 percent for Stetson; 89.5 percent for NSU; 88.2 percent for FSU; 87.2 for UM; 86.1 for FIU; 77.2 for Florida Coastal; 76.9 percent for St. Thomas; 70.5 percent for FAMU; 70 percent for Barry U.; and 66.7 percent for Ava Maria. The rate was 85.3 percent for out-of-state test-takers.

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 or to speak to an attorney please visit: www.floridabarhearing.com or call (888) 760-6552.

Investigative Hearings before the Florida Bar

If  you’ve been called for an Investigative Hearing before the Florida Board of Bar Examiners, these are some of the facts you should know. 

The hearings are held throughout the year, usually on Fridays and Saturdays and can last as little as 10 minutes, or can last over a hour.

There are many reasons why the Florida Board of Bar Examiners requests an Investigative Hearing. Some of them include, prior criminal arrests, non-disclosure issues on the Bar application and/or law school application, financial issues including taxes, child support, judgments, litigation issues, and any other questionable issues on your application.  There also may be other reasons the Board needs to speak to you after they have done their investigation.

Once you’ve been sent a notice to appear before the Board, there are many things to take into consideration when preparing.

You will usually receive a choice of three different hearing dates.  Make sure you are well prepared before going into the hearing.  Do not choose the first date to “get it out of the way.”  Only choose the date that you feel you are ready for, because if you don’t do it right the first time at the Investigative Hearing it could result in a future Formal Hearing.  Prepare yourself for the hearing.  Make sure you have gone over your facts and issues and have prepared yourself for any questions that may come your way.  Make sure you are going in with the proper attitude and professional mannerisms.

Do not play the blame game.  This is very serious. When you are called in front of the Board you must take it seriously and take responsibility for your past.  Do not blame others.  It is a priviledge to be admitted to the bar, not a right.

Always make sure what you say on your Bar Application is the truth.  You don’t want to hear from the Board, “That’s not what was on your Bar Application.”

If you have been called for an Investigative Hearing and you are an attorney from another state with discipline issues, let the Board know what you did, how it violated Florida rules, and why you want to practice in Florida.

Honesty is ALWAYS the best policy.  Never lie to the Board.  Remember that the Board is determining your character and whether you are fit to practice law.  

Soreide Law Group wants you to know that if you’ve been called before the Florida Bar for an Investigative Hearing we will represent you at the hearing and help you navigate through the process.  It can be very daunting and your future is on the line. 

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 visit: www.floridabarhearing.com or call (888) 760-6552.

Will Social Networking Sites have an Adverse Affect on your Bar Application?

The Florida Board of Bar Examiners voted to review applicants’ social networking sites on a case-by-case basis, focusing on those who have demonstrated problem conduct in the past, reports the Florida Bar News.

A growing number of employers and agencies are surfing the Internet to access social networking sites like Facebook and MySpace to look for adverse information about applicants.

The board plans to avoid an up-front request to all applicants for access, explaining in a report to the Florida Supreme Court that “in reaching this policy, the board reasoned that if applicants are required to provide access to their social websites, they are likely to delete any derogatory material before staff has the opportunity to review it.”

The following was taken from an article by Jan Pudlow in the Florida Bar News:

The Board of Bar Examiners did adopt the policy that investigation of social networking Web sites should be conducted for the following bar applicants:

• Applicants who are required to establish rehabilitation under Rule 3-13 “so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;”

• Applicants with a history of substance abuse/dependence “so as to ascertain whether they discussed or posted photographs of any recent substance abuse;”

• Applicants with “significant candor concerns” including not telling the truth on employment applications or resumes;

• Applicants with a history of unlicensed practice of law (UPL) allegations;

• Applicants who have worked as a certified legal intern, reported self-employment in a legal field, or reported employment as an attorney pending admission “to ensure that these applicants are not holding themselves out as attorneys;”

• Applicants who have positively responded to Item 27 of the bar application disclosing “involvement in an organization advocating the overthrow of a government in the United States to find out if they are still involved in any related activities.”

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 visit: www.floridabarhearing.com or call (888) 760-6552.