Tag Archive for: mental health issues for lawyers

FLORIDA’S SUPREME COURT DISCIPLINES 20 ATTORNEYS

The following information was obtained on The Florida Bar’s website.

It was announced on Feb. 1, 2011, that 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 20 attorneys, disbarring five and suspending 12. Some attorneys received more than one form of discipline. Two attorneys were placed on probation; three attorneys were publicly reprimanded. One attorney was 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 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.

The 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 five percent of disbarred lawyers seek readmission. 

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.

The Importance of Character and Fitness When Applying to the Florida Bar

The following information was obtained from the Florida Board of Bar Examiners website. 

Proof of Character and Fitness.  When applying to the Florida Bar, all applicants shall produce satisfactory evidence of good moral character, an adequate knowledge of the standards and ideals of the profession, and proof that the applicant is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney. The background investigation cannot be initiated without the completed Bar Application, Authorization and Release Form and appropriate fee. Persons beginning law school are encouraged to apply by the deadlines set forth in rule 2-23.1. Third-year law students including those who previously registered and those who did not file an early registration, are encouraged to file the applicable Bar Application forms at the beginning of their senior year. The following eligibility requirements apply:

  1. Persons must be 18 years of age or older to be admitted.
  2. Persons who have been disbarred from the practice of law or who have resigned pending disciplinary proceedings shall not be eligible to apply for a period of 5 years from the date of disbarment or 3 years from the date of resignation or such longer period as is set for readmission by the jurisdictional authority.
  3. Persons who have been suspended for disciplinary reasons from the practice of law in a foreign jurisdiction shall not be eligible to apply until expiration of the period of suspension.
  4. Persons who have been convicted of a felony shall not be eligible to apply until the person’s civil rights have been restored.
  5. Persons who are serving a sentence of felony probation regardless of adjudication of guilt shall not be eligible to apply until termination of the period of probation.
  6. Applicants who have been refused a favorable recommendation through the filing of Findings of Fact and Conclusions of Law that have not been reversed by the Supreme Court of Florida shall not be eligible to seek admission to The Florida Bar until 2 years after the date the board delivered its adverse findings or such longer period as set by the findings.

For further information relating to admission requirements refer to the Rules of the Supreme Court Relating to Admissions to The Bar (Rules).

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.

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.

Does the Florida Bar have a conditional admission program for applicants with drug, alcohol, or psychological problems?

Under the 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.

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 all use of alcohol and controlled substances;
  • requiring participation in Florida Lawyers Assistance, Inc. (FLA); and,
  • random screenings for alcohol and controlled substances.

Acceptable Documentation of Sobriety
The board requires applicants to demonstrate in 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 documentation to the board beginning immediately and continuing until all portions of the admissions process are successfully completed.

Length of Conditional Admission
The board’s policy on 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  relapse of such a prior mental illness. With respect to either, the 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 or 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 further information relating to conditional admission requirements, refer to the Rules of the Supreme Court Relating to the Admissions to The Bar.

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