Tag Archive for: history of drug and alchohol

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.

Florida Lawyers Assistance and Law Students

The Florida Lawyers Assistance website is a valuable tool for those lawyers and law students with drug, alcohol or psycholocial problems and criminal justice issues.  The following information appears on their website:

While not an agency of the Florida Board of Bar Examiners, FLA (Florida Lawyers Assistance) has developed a cooperative relationship with the staff of that agency and its members. That relationship includes education of board members regarding chemical and psychological impairments, treatments for the same, development of monitoring and probation protocols which permit admission of applicants with a history of impairment, orientation presentations at the various law schools, and a presentation by a Board member at the annual FLA Workshop in July.

The FLA article goes on to say that as a result of its acceptance of chemical and psychological impairments as treatable illnesses, the Board was one of the first in the U.S. to permit conditional admissions of applicants with a history of chemical dependency, psychiatric diagnoses, or criminal justice issues resulting from such conditions. The term “conditional admission” has no effect on an attorney’s scope of practice or authority, but only on the probationary terms with which the lawyer must comply for the period set by the Board. Such conditions may include attendance at a specified number of lawyer support or 12 Step meetings, monitoring by another attorney or mental health practitioner, and random urinalysis testing. The order of conditional admission is confidential, and conditional admittees are listed as “members in good standing” upon admission to The Florida Bar.

The FLA reminds us that the key to obtaining a recommendation for conditional admission if a history of chemical or psychological impairment exists is absolute honesty, candor, and completeness when preparing and filing the application for admission, together with a demonstration that the prior condition is being adequately addressed and treated (a relationship with FLA can be crucial in this regard). The Board is attempting to determine who you are based on your personal history, your undergraduate and law school experiences, and your preparation of the application. Demonstrating your present candor and honesty by providing everything on your application, including incidents about which you are embarrassed, or believe may jeopardize your chance of admission, or believe the Board will not discover, provides you with the best chance that a recommendation for a conditional admission will be authorized by the Board. Leaving something off the application in the hope the Board will not discover it (which it is guaranteed they will) makes almost certain that the recommendation will be against admission.

Applicants should be aware that the Florida Board of Bar Examiners has adopted a new policy of researching certain applicant’s social sites (Facebook, MySpace, etc.).

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.