Tag Archive for: lawyers psychological problems

June 2015 Florida Bar Hearing Defense Attorney Tip

Don’t be afraid to engage in a battle of the experts before the Florida Board of Bar Examiners. As a result of past conduct, you may have been forced to meet with a Florida Lawyers Assistance approved physician for a chemical dependency or psychological evaluation.
In many instances you may find yourself shocked with the findings and having to defend yourself to the Board. There are several ways to respond to an unfavorable chemical dependency or psychological evaluation.
You can depose the expert and pick apart his methodology and attempt to discredit him. However, since he or she has already been approved as an expert by the Board this is a dubious task.
The more meaningful way to attack the report would be to seek independent clinicians to conduct their own independent report. If your clinicians are willing to come in and testify to explain and validate their findings, then I feel that anyone applying to the Florida Bar has a fighting chance to not get unfairly labeled as a drug addict or unstable.
For more information call 954-760-6552 to speak to a Florida Board of Bar Examiners character and fitness defense attorney.

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.

Florida Lawyers Assistance

Florida Lawyers Assistance, Inc. is a non-profit corporation formed in 1986 in response to the Florida Supreme Court’s mandate that a program be created to identify and offer assistance to bar members who suffer from substance abuse, mental health, or other disorders which negatively affect their lives and careers (Bar Rule 2-9.11). Florida Lawyers Assistance or FLA receives it’s funding from The Florida Bar, however it is an independent organization.

It is of utmost importance to the FLA to the protect the confidentiality for those attorneys who contact FLA for help. Confidentiality in voluntary cases is protected by a written contract with The Florida Bar which guarantees the confidentiality of FLA records, as well as by Bar Rule 3-7.1(j), Chap. 397.482-486, F.S., and other state and federal regulations. Law students, attorneys, judges,  and support personnel who seek the assistance of FLA need not worry that FLA will report them to the Bar, the Board of Bar Examiners, or their employer. Information is shared only if the participating individual signs a waiver of confidentiality. FLA’s primary purpose is to assist the impaired law student, attorney, or judge in his or her recovery.

It is of importance to note that Florida Lawyers Assistance takes the firm position that substance abuse, compulsive behavior, and psychological problems are treatable illnesses rather than moral issues. Their experience has shown that the only stigma attached to these illnesses is an individual’s failure to seek help. FLA believes it is the responsibility of the legal community to help their colleagues who may not recognize their need for assistance.

Support Meetings

Through its over 300 volunteer legal professionals, there are over 30 weekly support groups throughout Florida for lawyers, judges, and law students. Some of the groups focus on substance abuse and are attended by legal professionals in recovery or who want to learn more about the recovery process. Other groups deal with mental health issues or dual disorders. These groups meet each week for approximately one hour.

For those dealing with mental health issues such as stress, anxiety, depression, bi-polar disorder, dual diagnoses, or other compulsive disorders, FLA also sponsors support meetings. These meetings are run by licensed mental health professionals to whom a nominal fee is paid by the participants. As with the chemical dependency support meetings, the groups are confidential unless reporting is a requirement of a probation or conditional admission.

Judges, attorneys, and law students recovering from substance abuse, or those who are interested in entering the recovery process, are invited to attend an FLA attorney support meeting whether or not they have disciplinary or bar admission problems or not. Particular issues affecting the recovering lawyer and the maintenance of their recovery while dealing with the pressures and ethical questions in the practice of law or the bar admission process are regularly discussed. The groups are confidential, and no record of attendance or issues raised is reported to FLA or to the Bar (unless required by terms of probation or conditional admission).

If your drug and alcohol abuse problems have created an issue with the Florida Bar or the Florida Board of Bar Examiners you should speak to an experienced Florida Bar defense lawyer to obtain more information on Florida Lawyers Assistance. Call (888) 760-6552 for a free consultation.