Tag Archive for: Florida Bar

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

On the Florida Bar Journal’s website, Charles A. Stampelos writes the following:

The scenario is this: You have graduated from college and have finished two years of law school. You worked to earn good grades with the expectation that you will graduate and become a member of The Florida Bar. You will be taking the bar examination in a year and are reviewing the bar application now.
As you study the lengthy application, your anxiety level soars for you are asked to reveal that you have misdemeanor convictions for burglary and theft, that you are in arrears on several credit cards and loans, and that you have numerous traffic violations, and your driver license has been suspended.

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

Having disclosed these facts, you may expect the board to invite you to an investigative hearing. You are entitled to be represented by counsel or you may go alone. If money is a problem, and it usually is, at least consult with an attorney who has handled these cases. The investigative hearing is a serious matter. Treat it as such. It bears repeating: A lack of candor during the bar application process, including the investigative hearing, could lead to your not being recommended for admission.

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

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

Fla. Bar Admiss. R. 3-22.5.

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

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

During the formal hearing, as a matter of practice, the board’s counsel goes first and places into evidence documentation which supports the specifications. Board counsel may call live witnesses. You may cross-examine. Then it is your turn. You can offer documentary evidence and call live witnesses. However, make no mistake, you are the focus of the formal hearing. The board must prove its specifications; you do not have to disprove them. Coleman v. Watts, 81 So. 2d 650, 655 (Fla. 1955). However, you have the burden to prove that you have good moral character and the requisite fitness to practice law in Florida.

The board, and necessarily the Florida Supreme Court, requires you to demonstrate present good moral character. Fla. Bar Admiss. R. 2-12. The court has adopted a rule to assist the board in making this determination:

3-12 Determination of Present Character. The Board shall determine whether the applicant or registrant has provided satisfactory evidence of good moral character. In addition to other factors in making this determination, the following factors should 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;
(j) materiality of any omissions or misrepresentations.

Fla. Bar Admiss. R. 3-12.

As you are having a problem with your prior misconduct, you should consider raising rehabilitation in your answer to the specifications and proving rehabilitation by clear and convincing evidence. The board considers several factors including unimpeachable character and moral standing in the community, good reputation for professional ability, where applicable; lack of malice and ill feeling toward those who by duty were compelled to bring about the disciplinary, judicial, administrative, or other proceeding; restitution of funds or property, where applicable; and “positive action” such as a person’s occupation, religion, or community or civic service. The rehabilitation rule is clear: “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.” See Fla. Bar Admiss. R. 3-13(a)-(g), for additional criteria.

Prior misconduct does not bar forever an applicant who has demonstrated good moral character. See, e.g., Florida Board of Bar Examiners re P.T.R., 662 So. 2d 334 (Fla. 1995); Florida Board of Bar Examiners re M.C.A., 659 So. 2d 34 (Fla. 1995); Florida Board of Bar Examiners re L.M.S., 647 So. 2d 838 (Fla. 1994); Florida Bar Board Examiners re Kwasnick, 508 So. 2d 338 (Fla. 1987); Application of V.M.F. for Admission to The Florida Bar, 491 So. 2d 1104 (Fla. 1986); In re Petition of Diez-Arguelles, 401 So. 2d 1347 (Fla. 1981). It just may take some time and convincing.

The court has stated the test to be used to determine whether a person is of good moral character:

We must now determine two issues. First, are the facts in this case such that a reasonable man would have substantial doubts about the petitioner’s honesty, fairness, and respect for the rights of others and for the laws of the state and nation? Second, is the conduct involved in this case rationally connected to the petitioner’s fitness to practice law?

Florida Bar Board Examiners re G.W.L., 364 So. 2d 454, 459 (Fla. 1978).

For example, in V.M.F., 491 So. 2d 1104, the applicant, upon advice of his attorney/father, did not disclose two drug arrests or the circumstances on his Florida Bar application. V.M.F. also lied at the investigative hearing. However, the court felt that “the delay in admission of over one and one-half years [was] an adequate price to pay for his reluctance to reveal every aspect of” his arrest. The court noted that if V.M.F. “had willingly revealed all the circumstances surrounding the Michigan arrests there is no doubt that the Board should have recommended his admission. See Petition of Diez-Arguelles, 401 So. 2d 1347 (Fla. 1981).” V.M.F., 491 So. 2d at 1107.

In Florida Board of Bar Examiners re J.A.S., 658 So. 2d 515 (Fla. 1995), the court admitted J.A.S. conditioned on his continued participation in the Florida Lawyers Assistance program.11 His problems with the legal system appeared to stem from his addiction problem. Nevertheless, J.A.S. was admitted notwithstanding a 1976 conviction for disorderly conduct, a 1980 arrest for simple assault that was subsequently dismissed, a 1983 conviction for resisting arrest, and a conviction for loitering with the intent to use a controlled substance (heroin). He was also dismissed from the police force based upon the heroin conviction. Id. at 515. J.A.S. also exhibited financial irresponsibility by defaulting on a student loan, which he subsequently repaid, and gave responses to the board and others that were false, misleading, or lacking in candor. Id. at 515-16. The court concluded that none of the incidents were recent, that J.A.S. sought and received professional help, and that J.A.S. had proven rehabilitation. Id.

J.A.S. was active in Narcotics Anonymous and served as a helpline volunteer, was a volunteer member in the guardian ad litem program, volunteered as a carpenter after Hurricane Andrew struck Miami and volunteered with the Dade County Bar Association, and “replaced his former anger with acceptance and now tries to do things for others.” Justice Harding with three justices concurring, found that J.A.S. “presented the same type of overwhelming evidence of rehabilitation that th[e] Court found dispositive in D.M.J.,” notwithstanding recognizing that the court is “required to and [does] give the Board’s findings great weight.” Id. at 517.

In Florida Bar Board Examiners re D.M.J., 586 So. 2d 1049 (Fla. 1991), the board found after the investigative and formal hearings, that five specifications had been proven and the applicant knowingly participated in the criminal conspiracy to import cocaine; gave false testimony at the investigative hearing as to his knowledge of the importation scheme; failed to disclose on an employment application that he was dismissed from the University of Mississippi for scholastic reasons and falsely stated his major at another university; falsely stated on his law school application the reasons he was dismissed from the University of Mississippi and failed to disclose he attended East Carolina University; and displayed financial irresponsibility by failing to satisfy a judgment against him in 1981 until 1986. The board concluded that specifications 3, 4, and 5 were not disqualifying in and of themselves, but that specification 1 “was disqualifying in and of itself or in conjunction with the remaining specifications.” Id. at 1050 n.1. Despite upholding “[t]he Board’s determination that [D.M.J.] knowingly participated in the drug conspiracy,” the court concluded D.M.J. provided sufficient evidence of rehabilitation and ordered his admission. Id. at 1050-51.

D.M.J. presented numerous character witnesses, whose testimony was “highly favorable and uncontroverted.” The favorable recommendations included the judge for whom he clerked, two Florida attorneys who knew him for many years, and an attorney for whom he previously clerked. Id. at 1050. Two former law school professors submitted affidavits attesting to his “outstanding legal ability, honesty, generosity, and integrity.” Witnesses also corroborated D.M.J.’s charitable work “over the past several years for the Civil Air Patrol and the Kiwanis Club.” Id. at 1051. The court further noted that the offense in question occurred more than 12 years ago and there was no indication of conduct which would warrant disqualification since that time. The court concluded that D.M.J. “demonstrated that he currently me[t] the standards of conduct and fitness . . . .” Id. (emphasis added).

In L.M.S., the court ordered admission notwithstanding the board’s negative recommendation. L.M.S., 647 So. 2d at 839. During L.M.S.’s final semester (fall of 1991) of law school, she was enrolled in a supervised research and writing course that required completion of a paper. She originally planned to sit for the General Bar Examination in February 1992, but postponed that sitting because of financial considerations. She did not complete her paper until February 1992 and had not received a grade on the paper when she sat for the general bar examination in July 1992. Her grades were impounded because she could not show she had completed her graduation requirements when she took the test.

“L.M.S. admits that she made an error in judgment in sitting for the July 1992 examination. She maintained that she honestly believed she was eligible to take the exam even though she had not received a grade for her paper and she had received two letters from her law school advising her that she might be ineligible to sit for the Bar exam because she had not completed her graduation requirements.” Id. (emphasis added).

Specifications were filed and the board found two specifications were proven, but not disqualifying. It found that five specifications were disqualifying because they demonstrated her lack of honesty, truthfulness, and candor. The board also found L.M.S.’s testimony was “unreasonable and unworthy of belief.” Id.

The board identified numerous problems L.M.S. had with candor before the board. They all emanated, however, from one basic issue: whether she was candid when she advised the board that she had completed the requirements for graduation when, in fact, she had not.
The court did not condone L.M.S.’s statements that were false, misleading, or lacking in candor, but found she should be admitted, assuming she passed the bar examination. She acknowledged her mistakes; her employers considered her dependable and hardworking; and she had “not engaged in any behavior similar to that which led to her taking the July 1992 exam.” Id. at 839. “[I]n light of L.M.S.’s overall record, it [was] not clear [to the Court] what further rehabilitation she could show.” Id.

In P.T.R., the applicant had been disbarred in Florida for stealing from a client and misleading the court. He was readmitted. The court discusses each of the rule rehabilitation criteria. The court felt that P.T.R.’s transgression was a single, isolated episode and that he proved rehabilitation by performing volunteer work for his homeowner’s association, donating blood (he had a rare type), service as treasurer, coach, or umpire for his son’s Little League team, traveling with his daughter to swim meets when she was younger, and teaching martial arts to children for free.

In M.C.A., the applicant was accused of cheating on a law school exam and sanctioned by the law school pursuant to a settlement agreement. She advised the board of the incident, but protested her innocence both before the law school and before the board. The board recommended denial of admission because she maintained she did not cheat on the exam. The court rejected this “Catch-22″ position. The court also concluded that she proved her “present fitness” to practice law. The incident occurred almost five years ago; she complied with the conditions of the settlement agreement entered into with the law school; she applied for and was readmitted to the law school; favorable letters of recommendation were submitted in her behalf; and “[s]everal of her professors wrote that the cheating incident was totally out of character for [her] and that they did not believe that she had in fact cheated.” Id. at 35. In light of her overall record, the court granted admission. The case is not so much one of rehabilitation as it is a case of successfully overcoming one isolated, yet serious, incident.

In contrast, in Florida Board of Bar Examiners re J.J.J., 682 So. 2d 544 (Fla. 1996), a lawyer was suspended for three years in his home state which followed money laundering/tax convictions. He was reinstated and applied for admission in Florida. The court denied admission finding that his sporadic participation in a local service organization, active participation in local bar association, and pro bono legal service was not enough to establish rehabilitation in light of the serious misconduct.

W.H.V.D. was denied admission twice. Florida Board of Bar Examiners re W.H.V.D., 653 So. 2d 386 (Fla. 1995). He was initially denied because of his conduct while he served as a trustee for a church and school stewardship fund during the mid-1970s. This conduct included making unauthorized loans while he was a trustee and engaging in unethical behavior such as conflict of interest and breach of fiduciary duty. He also demonstrated a lack of candor in dealing with the board. He reapplied and was required to prove rehabilitation. He failed to do so.

The board found and the court concluded that W.H.V.D. did not “fully appreciate either the seriousness of his past behavior or the consequences of his present behavior.” Id. at 388. Also, he did not take the “extra steps to show rehabilitation” since being denied admission the first time. Opening his house to migrants on two occasions and doing well at work were insufficient. The board noted in its report on rehabilitation that they would view favorably activities such as counseling or teaching young law students and young lawyers on ethical considerations. Id. at 388 n.1. The court was confident that he could demonstrate positive action showing rehabilitation in other ways as well. Id.

As a general rule, if the board does not recommend your admission after the formal hearing and your case is not ripe for a conditional admission, your ability to reapply for admission will be withheld for a specified period not to exceed two years. Fla. Bar Admiss. R. 3-23.6(c). Following a formal hearing, and sometimes following an investigative hearing, the board has recommended that admission be withheld for one year where rehabilitation was shown but insufficient. Also, the court has authorized applicants to reapply for admission within one year, rather than wait the ususal two-year period. See, e.g, Florida Board of Bar Examiners re J.E.G.R., 720 So. 2d 244 (Fla. 1998); Florida Board of Bar Examiners re N.W.R., 674 So. 2d 727 (Fla. 1996); Florida Board of Bar Examiners re F.O.L., 646 So. 2d 185 (Fla. 1994); Florida Board of Bar Examiners re B.H.A., 626 So. 2d 683 (Fla. 1993).

If you face a formal hearing and have committed one or more acts of misconduct, rehabilitation may be at issue, but you have to assert and prove it. If you have to reapply for admission after a negative recommendation, including being unsuccessful in seeking review by the court, you must prove rehabilitation the next time through the system. In order to have any reasonable expectation of gaining admission, you must plan ahead and develop a plan and begin your rehabilitation now.
This very valuable information was written by Charles A. Stampelos and appears on the Florida Bar Journal’s website.

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.

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.

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.

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.

SUPREME COURT DISCIPLINES 20 ATTORNEYS 5/25/10

On May 25, 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 20 attorneys, disbarring six and suspending eight. Some attorneys received more than one form of discipline. Five attorneys were publicly reprimanded and three were placed on probation.

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.

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.

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.