Tag Archive for: Lars Soreide

Investigative Hearing Character and Fitness Considerations

 
If you must attend an investigative hearing before the Florida Board of Bar Examiners, the Board will consider your present character and fitness. This is codified in Florida Board of Bar Examiner Rule 3-12.
 
3-12 Determination of Present Character.
 
The board must determine whether the applicant or registrant has provided satisfactory evidence of good moral character. The following factors, among others, will 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; and,
(j) materiality of any omissions or misrepresentations.
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 our website at: 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’S SUPREME COURT DISCIPLINES 31 ATTORNEYS IN JANUARY

The following information was obtained 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 31 attorneys, disbarring 12 and suspending 15. Some attorneys received more than one form of discipline. One attorney was placed on probation; four attorneys were publicly reprimanded and two attorneys were ordered to pay restitution.

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 93,000-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.

This ends the information obtained from 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.

The State of Florida’s SUPREME COURT DISCIPLINES 12 ATTORNEYS

On The Florida Bar’s website, June 30th., 2011, that The Florida Bar, the state’s guardian for the integrity of the legal profession, announced the Florida Supreme Court in recent court orders disciplined 12 attorneys, disbarring four and suspending five. Some attorneys received more than one form of discipline. Three attorneys were placed on probation; three attorneys were publicly reprimanded.

The Florida Bar article goes on to say that 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. 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.

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, fewer than 5 percent of disbarred lawyers seek readmission.

This information was obtained on The Florid 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 visit: www.floridabarhearing.com , or call (888) 760-6552 to speak to an attorney.

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.