Tag Archive for: Florida Board of Bar Examiners

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.

RULE 11-1.10 CERTIFICATION OF MEMBERS OF OUT-OF-STATE BARS

Lawyer Regulation

Rules Regulating The Florida Bar

11 RULES GOVERNING THE LAW SCHOOL PRACTICE PROGRAM
11-1 GENERALLY

(a) Persons Who Are Authorized to Appear. A member of an out-of-state bar may practice law in Florida pursuant to this chapter if:

(1) the appearance is made as an employee of the attorney general, a state attorney, a public defender, or the capital collateral representative; and

(2) the member of an out-of-state bar has made an application for admission to The Florida Bar; and

(3) the member of an out-of-state bar submits to the jurisdiction of the Supreme Court of Florida for disciplinary purposes; and

(4) the member of an out-of-state bar is in good standing with that bar and is not currently the subject of disciplinary proceedings.

(b) Term of Certification. The maximum term of certification under this section shall be 12 months from the date of certification; provided, that the certification may extend beyond 12 months if the certificate holder has passed the Florida bar examination and is awaiting the results of the character and fitness evaluation of the Florida Board of Bar Examiners. Certification may be withdrawn in the same manner as provided for the withdrawal of certification by a law school dean.

(c) Termination of Certification. The failure to take the next available Florida bar examination, failure of any portion of the Florida bar examination, or denial of admission to The Florida Bar shall terminate certification hereunder.

Soreide Law Group represents lawyers in front of the Flordia Bar and also those in need of representation for an investigative hearing or formal hearing during the admittance process. To speak to an attorney please  call: (888) 760-6552 or visit our website at: www.floridabarhearing.com .

WHAT ARE THE STANDARDS FOR LAWYER DISCIPLINE?

When lawyers enter the practice of law in Florida, they obligate themselves to uphold the law and to abide by the Rules Regulating The Florida Bar. These rules of the Supreme Court of Florida specifically regulate the professional conduct of all lawyers. Those who violate these professional standards are subject to discipline.

However, lawyers are human. Sometimes they make mistakes. Some are more competent than others. Some are better communicators than others. A lawyer may lose the trust and confidence of a client for various reasons. Client dissatisfaction is not, by itself, grounds for discipline. A lawyer may be disciplined only for violating the standards of conduct set forth in the Rules Regulating The Florida Bar.

For lawyers, The Florida Bar operates an ethics hotline to offer guidance when a lawyer is unsure of the ethical obligations in a particular situation. For clients who are unsure if their lawyer has acted ethically or who are dissatisfied and wish to consider whether filing a complaint may be appropriate, The Florida Bar operates the Attorney Consumer Assistance Program (ACAP).

For information regarding disciplinary hearings in front of the Florida Bar, please contact Soreide Law Group at www.floridabarhearing.com or by phone at (888) 760-6552.  We represent those seeking admittance to the Florida Bar and exisitng lawyers in disciplinary actions.

What does the Florida Bar see as disqualifying conduct?

 

Pursuant to rule 3-11 a record manifesting a lack of honesty, trustworthiness, diligence, or reliability may constitute a basis for denial of admission. Any of the following may be considered by the board to be a basis for further inquiry before recommending admission:
  • Unlawful conduct
  • Academic misconduct
  • Making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the Bar Application, or any amendment, or in any testimony or sworn statement submitted to the board
  • Misconduct in employment
  • Acts involving dishonesty, fraud, deceit, or misrepresentation
  • Abuse of legal process
  • Financial irresponsibility
  • Neglect of professional obligations
  • Violation of an order of a court
  • Evidence of mental or emotional instability
  • Evidence of drug or alcohol dependency
  • Denial of admission to the bar in another jurisdiction on character and fitness grounds
  • Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
  • Any other conduct which reflects adversely upon the character and fitness of the applicant

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.

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

by Charles A. Stampelos

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

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

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

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

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

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

Fla. Bar Admiss. R. 3-22.5.

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

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

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

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

What rights does a bar applicant have when appearing before the board for a formal hearing?

After completing its background investigation of a bar applicant, which may include the applicant’s appearance at an investigative hearing, the Florida Board of Bar Examiners can do one of the following:
  • Recommend the applicant’s admission to the Supreme Court of Florida
  • Enter into a consent agreement with the applicant providing for the applicant’s conditional admission
  • Conduct further investigation into the applicant’s character and fitness
  • File Specifications (a document that contains formal allegations of misconduct that, if proven, could result in an unfavorable recommendation by the board)

The filing of Specifications triggers certain procedural rights that are designed to provide the applicant with due process and to ensure the fairness of the process. Applicants are entitled to the following:

  • A formal hearing (adversary proceeding) before a panel of the board consisting of no less than five members
  • The hearing panel cannot include any member who once previously participated in an investigative hearing for such applicant, except with the applicant’s consent
  • Representation by legal counsel
  • Timely release of witness and exhibit lists by the parties
  • Access to the board’s subpoena powers
  • Cross-examination of witnesses who are called to testify against the applicant
  • Presentation of witnesses and exhibits on the applicant’s behalf (technical rules of evidence are not applicable during a formal hearing)

Following the formal hearing, the panel will render its decision based solely on the evidence introduced into the record at the formal hearing. If the panel recommends that the applicant not be admitted, then written Findings of Fact and Conclusions of Law are prepared and filed. A bar applicant who has received an unfavorable recommendation from the board may seek review of such recommendation before the Florida Supreme Court.

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