Tag Archive for: formal hearing

Florida Bar Character and Fitness Hearing – How Should I Defend Myself in a Formal Hearing?

So the investigative character and fitness hearing before the Florida Board of Bar Examiners did not go as planned. You have now been served with Specifications and have to go to a “Formal Hearing”. You may ask yourself wasn’t I just at a formal hearing and what is the difference between a Formal and Investigative Hearing. An Investigative Hearing before the Florida Board of Bar Examiners is merely an investigation even though they ask you questions under oath and are creating a transcript of the meeting.

Although an investigative hearing can feel pretty formal in form and function, there are very few rules of evidence and limited objections can be made at the investigative hearing. The Formal Hearing however, has a five member Panel and there is actually a Board of Bar Examiners defense attorney there making arguments against you to keep you from being admitted. The 5 member, as opposed to 3 member panel which you already have seen, is far more passive and they let the lawyers present their respective cases. At the Formal Hearing there are opening arguments from both sides, witnesses called, rebuttal witnesses and closing statements. Evidentiary objections are much more common and speaking objections to the form of questions are common.

Lars Soreide Award

With that background the question typically to my law firm, Soreide Law Group, is what do we do and how do we defend this? You must and I mean MUST raise the affirmative defense of rehabilitation or you waive it. That means you can’t offer and evidence or mitigation or character witnesses explaining how you have changed and the events at issue are all “in the past”. This is an acceptable defense but I find all too frequently, clients (usually speaking to other counsel) are all too eager to fall on their own sword and just go in with hat in hand and beg for forgiveness.  Sometimes this is necessary but that shouldn’t be your first option.

What Do I Do If I Find Myself In a Formal Bar Hearing?

 

Sometimes the investigative hearing panel gets it wrong and you shouldn’t be there. There have been multiple Formal Hearings where we straight out deny the specifications (and explain why as is required) and have actually had the Board of Bar Examiners agree with us and rule in our favor. What is really important to note after reading this is don’t go in thinking the Panel is just there to punish you because this is a new Panel (the first 3 Board Members are not allowed to sit on the Panel again) and not all Board members agree.

A well thought out defense might actually be in your best interest as long as it is factual and presented respectfully that may be your best shot for not having a denial or a lengthy delay to getting your Bar Card. More importantly talk to experience legal counsel.  The hearings rotate between 6-8 geographic locations so look to hire someone that is experienced because most anyone you hire including you is probably going to have to travel. If anyone has any questions about this article or a character and fitness hearing before the Florida Board of Bar Examiners call (888) 760-6552 and speak with Florida Board of Bar Examiners Defense Attorney Lars Soreide, Esq.

Florida Bar Defense Lawyer Formal Hearing Tip of the Month for October

After an investigative hearing before the Florida Board of Bar Examiners, if they determine that that you may have engaged in conduct that is potentially disqualifying, the Board will then file specifications against you. These specifications require an answer within 20 days. In the answer you are allowed to plead your affirmative defenses to the accusations. If the affirmative defense of rehabilitation is not correctly plead then it is waived.
It is the Applicants burden at the formal hearing to prove rehabilitation by the clear and convincing evidence standard.  This standard is not defined anywhere and is up for interpretation as to how much rehabilitation needs to be documented for each offense. Community service is one way to document rehabilitation, but the more narrowly tailored the rehabilitation efforts are to the offense, the better it will be received by the board.
Also, at the formal hearing you are allowed to offer live character witnesses to appear before the Board to testify on your behalf. A formal hearing is a full blown trial where the Board is making arguments through their counsel to keep you out of the Bar. This can be a scary and daunting process for any applicant.  If you have a formal hearing before the Florida Board of Bar Examiners it is highly recommended your consult with an attorney.
Call the Soreide Law Group at (888) 760-6552 for a no cost consultation with an experienced Florida Bar Defense Attorney if you have an upcoming Investigative or Formal hearing with the Florida Bar. We travel to all locations throughout Florida to appear before the Board of Bar Examiners.

Non-US Citizens Applying to The Florida Bar

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

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

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

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

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

Attorney Lars K. Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of the Florida Bar. For more information about our services please call (888) 760-6552

Elements of Rehabilitation in a Formal Hearing

 If Specifications have been filed by the Florida Board of Bar Examiners and you have to attend a formal hearing before the Board, you may want to consider pleading “rehabilitation” as an affirmative defense. This is the only affirmative defense that must specifically be plead in your Answer, or else that defense is waived and you may not be permitted to put on evidence of rehabilitation at your formal hearing. In considering what to do to effectively establish rehabilitation, Florida Bar Rule 3-13 codifies the “elements of rehabilitation”.

3-13 Elements of Rehabilitation.
 
Any applicant or registrant who affirmatively asserts rehabilitation from prior conduct that adversely reflects on the person’s character and fitness for admission to the bar must produce clear and convincing evidence of rehabilitation including, but not limited to, the following elements:
(a) strict compliance with the specific conditions of any disciplinary, judicial, administrative, or other order, where applicable;
(b) unimpeachable character and moral standing in the community;
(c) good reputation for professional ability, where applicable;
(d) lack of malice and ill feeling toward those who, by duty, were compelled to bring about the disciplinary, judicial, administrative, or other proceeding;
(e) personal assurances, supported by corroborating evidence, of a desire and intention to conduct one’s self in an exemplary fashion in the future;
(f) restitution of funds or property, where applicable; and,
(g) positive action showing rehabilitation by occupation, religion, or community or civic service. Merely showing that an individual is now living as and doing those things he or she should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. The requirement of positive action is appropriate for applicants for admission to The Florida Bar because service to one’s community is an implied obligation by members of The Florida Bar.
Florida Bar Defense Lawyer, Lars Soreide, is available to represent you at an investigative or formal character and fitness hearing before the Florida Board of Bar Examiners. Call 888-760-6552 for a free consultation or visit https://www.floridabarhearing.com.

Can I Still Get Admitted to the Florida Bar if I Have Had Past Drug, Alcohol, or Psychological Problems?

As a attorney who frequently represents applicants before the Florida Board of Bar Examiners in investigative and formal hearings, I see this issue a lot. I tell my clients that they can be admitted, in most instances conditionally, depending on all the surrounding circumstances. I point them first to rule 3-22.5(b) which relates to conditional admissions.
Under rule 3-22.5(b), Rules of the Supreme Court Relating to Admissions to The Bar, the board will make the determination that a Consent Agreement be entered into with an applicant in lieu of the filing of Specifications pertaining to drug, alcohol, or psychological problems. Admission to The Florida Bar under the terms of a conditional admission is confidential and under rule 5-15, limited to persons who will live in Florida, who will be engaged in the practice of law primarily in Florida, and who will be monitored in Florida during the entire period of conditional admission.
The following comes directly off the Board of Bar Examiners website relating to conditional admissions.
Substance Issues
 
In a Consent Agreement, the board is authorized to recommend to the Court the admission of the applicant who has agreed to abide by specified terms and conditions on admission to The Florida Bar. The conditions will include:
  • prohibiting use of alcohol and controlled substances;
  • requiring participation in Florida Lawyers Assistance, Inc. (FLA); and,
  • random screenings for alcohol and controlled substances.
Board’s Guidelines on Documented Sobriety
 
Applicants who may be candidates for conditional admission must provide documentation of at least 6 months of sobriety before being considered for conditional admission. It is preferred that documentation of sobriety be completed by entering into a monitoring program that requires daily log-ins to determine if testing is required that day, attend attorney support meetings, attend AA/NA (if dependent), and undergo random alcohol/drug screenings. If an applicant resides within Florida, the preferred program is Florida Lawyers Assistance, Inc. (FLA). Any applicant attempting to provide documentation of sobriety through FLA or similar program must fully comply with the program contract, including strict adherence to the random drug test procedure, no missed daily log-ins, no missed or positive tests, and compliance with the meeting and monitoring requirements as outlined in the contract. In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test. Documentation of the period of sobriety starts upon execution of a FLA or similar contract or the last date of noncompliance with the contract; whichever is most recent.
Acceptable Documentation of Sobriety
 
The board requires applicants to demonstrate a reasonable period of sobriety (abstinence) prior to conditional admission. Six months is presumed to be reasonable. Documentation of sobriety is made through verification of completion of a treatment program that includes random testing through records documenting compliance with a FLA contract.
To document a period of sobriety prior to admission:
  1. Contact FLA for assistance.
  2. Enter into a contract with FLA.
  3. Forward a copy of the FLA contract to the board.
  4. Arrange for FLA to provide monthly documentation to the board beginning immediately and continuing until all portions of the Florida Bar Examination are successfully completed.
  5. Full compliance with the FLA contract including strict adherence to the FLA random drug test procedure, no missed daily log-ins, no missed, or positive tests, and compliance with the meeting and monitoring requirements as outlined in the FLA contract. In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test.
Missed Log-ins
 
The board, while working with FLA, established the following policy regarding excused log-ins. The only missed log-ins that will be excused are documented instances of the following:
  • Death in the family;
  • Admission of the participant, family member or significant other to the hospital or emergency room;
  • Victim of a natural disaster;
  • Arrested and in jail.
In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test.
Length of Conditional Admission
 
The board’s policy on the length of conditional admission in substance abuse/dependence cases is a 1-5 year period, depending on individual circumstances.
Mental Health
 
The Florida Board of Bar Examiners must assess effectively the mental health of each applicant. A lawyer’s untreated or uncontrolled mental disorder, if severe, could result in injury to the public. The board assures each applicant that the Supreme Court, on the board’s recommendation, regularly admits applicants with a history of both mental ill-health and treatment by mental health professionals. The board considers satisfactory mental health to include: (1) the current absence of an untreated, uncontrolled mental illness that impairs or limits an applicant’s ability to practice law in a competent and professional manner; and (2) the unlikelihood of a relapse of such a prior mental illness. With respect to either, evidence of treatment by a mental health professional is useful. The board encourages applicants to seek the assistance of mental health professionals, if needed.
Consent Agreement
 
In a Consent Agreement, the board is authorized to recommend to the Supreme Court of Florida the admission of the applicant who has agreed to abide by specified terms and conditions on admission to The Florida Bar. The conditions will include:
  • consult with a licensed mental health provider at least quarterly, or more frequently as such mental health provider deems necessary;
  • follow all instructions by the mental health provider;
  • have the mental health provider submit quarterly reports to The Florida Bar during the entire probationary period;
  • have the mental health provider immediately notify The Florida Bar if the applicant misses a scheduled appointment without prior rescheduling; and,
  • have the mental health provider submit quarterly sworn statements to The Florida Bar during the entire probationary period attesting to the applicant’s compliance with the conditions.
Length of Conditional Admission
 
The board’s policy on the length of conditional admission in mental health cases is from 1 year to an indefinite period, depending on individual circumstances.
For more information contact License Defense Attorney, Lars Soreide, of Soreide Law Group, PLLC, to discuss what options are available to you if you are applying to the Florida Bar or have an investigative or formal hearing. Call 954-760-6552 or visit https://www.floridabarhearing.com.

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

Many law school graduates are all too aware of their accumulating pile of debt, but few may realize it can prevent them from practicing law and destroy any hopes of paying down their loans, wrote Susanna Kim of abcnews.com in a recent article.

The highest court in Ohio denied recent law school grad, Hassan Jonathan Griffin, his bar application because he didn’t have a plan to pay back $170,000 in school debt.

The Ohio Supreme Court, on January 11, said Griffin lacked a “feasible plan to satisfy his financial obligations.”  Griffin’s debts include $150,000 from law school, $20,000 from his undergraduate studies and $16,500 in credit card debt.

The Ohio Supreme Court, which regulates admission to the practice of law in Ohio, requires that an applicant be at least 21 years old, have a bachelor’s degree and law degree, and pass the Ohio bar examination.

The state’s rules specify that prior to taking the bar exam, applicants must demonstrate they possess “the requisite character, fitness, and moral qualifications for admission to the practice of law.”

Griffin, 40, had applied in November, 2009, for the February, 2010 bar exam, but his increasing financial obligations led to an investigation by the state’s Board of Commissioners on Character and Fitness.

Griffin graduated from Arizona State University in 2004 when he was 34 and worked full-time as a stockbroker for over five years before attending The Ohio State University Mortiz College of Law.

It was reported that since completing his first year of law school, Griffin has worked 24 to 32 hours a week at the Franklin County Public Defender’s Office.  Though he graduated from law school in 2008, he has been unable to obtain a full-time job and still earns $12 per hour at the public defender’s office.

The board recommended that the court reject Griffin but permit him to reapply for the February, 2011 bar exam. Griffin confirmed he is re-applying for the February exam and said his financial matters are now in better order.

Many law school grads are unemployed,  but it is rare they fail the character and fitness test because of their personal finances.

In April, 2009, the Texas Court of Appeals revoked the probationary law license of a man in Houston with undergraduate and law school loans of around $90,000 plus interest and $58,000 in “unsecured loans.”

“We handle about 100 contested hearings a year, and very rarely is financial responsibility the subject of the hearing, and even more rarely is the situation where the board decides to deny” the license,  the Texas Board of Law Examiners’ executive director Julia E. Vaughan told The Texas Lawyer.

The New York state appellate court rejected the license application of Robert Bowman in April 2009, according to a story in the New York Times. A court subcommittee cited student debt of over $430,000 belonging to the University of California’s Hastings law school graduate.

The Education Department recently decided that Bowman’s debts will be recalculated and he is not in default, allowing him to re-apply for his license.

Kim writes that the American Bar Association (ABA) reported that the average amount borrowed for law school was $91,506 for private schools and $59,324 for public schools in 2008.  A committee from the ABA wrote in a report that these figures do not include debt from students’ undergraduate years and an average law school student will graduate with debt “well in excess of $100,000.”

But among law graduates from the class of 2008, 42 percent of graduates had an annual salary of less than $65,000. And the ABA report said prospects are even bleaker now, with students competing for half as many jobs at top law firms.

“Far too many law students expect that earning a law degree will solve their financial problems for life,” the ABA committee wrote. “In reality, however, attending law school can become a financial burden for law students who fail to consider carefully the financial implications of their decision.”

Attorney Lars Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of the Florida Bar. For more information about our services please call (888) 760-6552 or visit: www.floridabarhearing.com.

Florida Licensed Lawyers and Drug Abuse

Florida’s legal profession is wondering how to handle its own drug addicts.  In an article from the Tampa Bay Times, they describe two Pinellas County lawyers facing drug trafficking charges and abusing drugs themselves.

A criminal defense lawyer was secretly recorded when a woman offered to hand him a bottle of  250 oxycodone and other pills to pay off a legal bill. He agreed to take them and he and his wife were arrested shortly afterward. Another lawyer was willing to smuggle prescription pills to his client in the Pinellas County Jail, as long as he would be paid for it later and be able to keep some of the pills himself.

Should these lawyers be put into treatment or kicked out of practicing law?

The Florida legal community works to rehabilitate its members who develop addictions to alcohol or drugs. With treatment and supervision, troubled lawyers can return to work. But addicted or not, breaking the law is the problem. In addition to the possibility of getting disbarred, both of these men face prison time.

The phrase — no client harm — is a key point for the Bar. The legal system is based on “trust that the lawyer is looking out for a client’s best interest,” said Ken Marvin, director of lawyer regulation for the Florida Bar.

Attorney Lars Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to The Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of The Florida Bar. Please call (888) 760-6552 or visit: www.floridabarhearing.com.

THE FLORIDA SUPREME COURT DISCIPLINES ATTORNEYS

The Florida Bar, the state’s guardian for the integrity of the legal profession, announced on their website that the Florida Supreme Court in recent court orders disciplined 22 attorneys in March, 21 attorneys in April, and 13 attorneys in May. Some attorneys received more than one form of discipline.

The Florida Bar and its Department of Lawyer Regulation, an official arm of the Florida Supreme Court, administer a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 93,000-plus lawyers admitted to practice law in Florida.

The Court’s 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.

Attorney Lars Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of the Florida Bar. For more information about our services please call (888) 760-6552 or visit: www.floridabarhearing.com.

FLORIDA SUPREME COURT DISCIPLINES 16 ATTORNEYS

Summary of orders issued July 14 – Aug. 30, 2011 posted on The Florida Bar’s website

The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 16 attorneys, disbarring seven and suspending six. Some attorneys received more than one form of discipline. Two attorneys were placed on probation; two attorneys were publicly reprimanded. One attorney was ordered to pay restitution.

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.

As an official arm 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 90,000-plus lawyers admitted to practice law in Florida.

This information appeared on The Florida Bar’s website.

Attorney Lars Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of the Florida Bar. For more information about our services please call call (888) 760-6552 or visit: www.floridabarhearing.com.

Law Schools Are Getting Practical

In a Wall Street Journal article by Patrick Lee, he writes that looking to attract employers’ attention, some law schools are throwing out decades of tradition by replacing textbook courses with classes that teach more practical skills.

Lee says that Indiana University Maurer School of Law started teaching project management this year and also offers a course on so-called emotional intelligence. The class has no textbook and instead uses personality assessments and peer reviews to develop students’ interpersonal skills.

Additionally, New York Law School hired 15 new faculty members over the past two years, many directly from the ranks of working lawyers, to teach skills in negotiation, counseling and fact investigation. The school says it normally hires one or two new faculty a year, and usually those focused on legal research.

A few elite players also are making adjustments. Harvard Law School last year launched a problem-solving class for first-year students, and Stanford Law School is considering making a full-time clinical course—which entails several 40-hour plus weeks of actual case work—a graduation requirement.

Washington and Lee University School of Law completely rebuilt its third-year curriculum in 2009, swapping out lectures and Socratic-style seminars for case-based simulations run by practicing lawyers.

“Law firms are saying, ‘You’re sending us peoplewho are not in a position to do anything useful for clients.’ This is a first effort to try and fix that,” says Larry Kramer, the law dean at Stanford.

LAWSCHOOLS

These moves come amid a prolonged downturn in the legal job market. Only about one-quarter of last year’s graduating law-school classes—down from 33% in 2009—snagged positions with big law firms, according to the National Association for Law Placement, an organization that collects employment data.

Lee goes on to say that in past years, a law firm could bill clients for a new lawyer’s work, even if that time were spent getting the novice up to speed. During the recession, corporate clients started limiting the number of hours a firm could charge and made it a policy not to pay for first-year associates.

“This is a push from clients saying, ‘Why are we going to pay this kind of money? We don’t want to train the new lawyers,'” says Jennifer Queen.

There are also fewer jobs to go around at a time when lawyers are in excess. In 2010, there were more than twice as many people—about 54,000—who passed the bar exam than there were legal job openings in the U.S., according to an analysis by consultants at Economic Modeling Specialists Inc.

Most law schools’ offerings cover a wide range of topics, but clinical placements—often students’ first chance for a taste of real law work—are usually optional and far fewer in number than theory-based courses.

“Medical students learn from real doctors in a real hospital during their education. In law, we’re learning from a bunch of academics who have deliberately elected not to pursue law as a profession…there’s such a disconnect,” says BeiBei Que, a 2007 graduate of the University of Illinois College of Law. Ms. Que, who runs a boutique law firm that helps tech start-ups navigate legal issues, says she had to pick up practical skills—networking, soliciting clients, forming a business plan—on her own.

Law schools have generally lagged behind other, more real-world oriented institutions like business schools in piloting practical improvements, as law professors tend to focus on scholarly work, says Bill Henderson, a professor at Maurer. And curriculum change tends to “move like a glacier,” he adds.

The WSJ article points out that many remain skeptical that new approaches to education will have a meaningful impact on the ability of lawyers to land jobs. “It could enhance the reputation of the law school…as places that will produce new lawyers who have practical skills,” says Timothy Lloyd, a partner at Hogan Lovells. “As to the particular student when I’m interviewing them? It doesn’t make much of a difference.”

Other recruiters say schools that have overhauled programs need to do a better job of promoting the changes to employers in order to see an impact.

Attorney Lars Soreide of Soreide Law Group, PLLC,  represents those seeking admittance to the Florida Bar, and existing lawyers, for both investigative hearings and formal hearings in front of the Florida Bar. For more information about our services please visit: www.floridabarhearing.com or call (888) 760-6552.