Tag Archive for: practice law

RULE 11-1.10 CERTIFICATION OF MEMBERS OF OUT-OF-STATE BARS

Lawyer Regulation

Rules Regulating The Florida Bar

11 RULES GOVERNING THE LAW SCHOOL PRACTICE PROGRAM
11-1 GENERALLY

(a) Persons Who Are Authorized to Appear. A member of an out-of-state bar may practice law in Florida pursuant to this chapter if:

(1) the appearance is made as an employee of the attorney general, a state attorney, a public defender, or the capital collateral representative; and

(2) the member of an out-of-state bar has made an application for admission to The Florida Bar; and

(3) the member of an out-of-state bar submits to the jurisdiction of the Supreme Court of Florida for disciplinary purposes; and

(4) the member of an out-of-state bar is in good standing with that bar and is not currently the subject of disciplinary proceedings.

(b) Term of Certification. The maximum term of certification under this section shall be 12 months from the date of certification; provided, that the certification may extend beyond 12 months if the certificate holder has passed the Florida bar examination and is awaiting the results of the character and fitness evaluation of the Florida Board of Bar Examiners. Certification may be withdrawn in the same manner as provided for the withdrawal of certification by a law school dean.

(c) Termination of Certification. The failure to take the next available Florida bar examination, failure of any portion of the Florida bar examination, or denial of admission to The Florida Bar shall terminate certification hereunder.

Soreide Law Group represents lawyers in front of the Flordia Bar and also those in need of representation for an investigative hearing or formal hearing during the admittance process. To speak to an attorney please  call: (888) 760-6552 or visit our website at: www.floridabarhearing.com .

SUPREME COURT DISCIPLINES 27 ATTORNEYS 4/8/10

April 8, 2010
CONTACT: Karen Y. Kirksey; [email protected],
The Florida Bar


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 27 attorneys, disbarring 13, suspending 11 and placing one on probation. Some attorneys received more than one form of discipline. Two attorneys were publicly reprimanded. Four were 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. Historically, less than 5 percent of disbarred lawyers seek readmission. 

As an official agency 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 88,000-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 Web site.

Soreide Law Group 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.

WHAT ARE THE STANDARDS FOR LAWYER DISCIPLINE?

When lawyers enter the practice of law in Florida, they obligate themselves to uphold the law and to abide by the Rules Regulating The Florida Bar. These rules of the Supreme Court of Florida specifically regulate the professional conduct of all lawyers. Those who violate these professional standards are subject to discipline.

However, lawyers are human. Sometimes they make mistakes. Some are more competent than others. Some are better communicators than others. A lawyer may lose the trust and confidence of a client for various reasons. Client dissatisfaction is not, by itself, grounds for discipline. A lawyer may be disciplined only for violating the standards of conduct set forth in the Rules Regulating The Florida Bar.

For lawyers, The Florida Bar operates an ethics hotline to offer guidance when a lawyer is unsure of the ethical obligations in a particular situation. For clients who are unsure if their lawyer has acted ethically or who are dissatisfied and wish to consider whether filing a complaint may be appropriate, The Florida Bar operates the Attorney Consumer Assistance Program (ACAP).

For information regarding disciplinary hearings in front of the Florida Bar, please contact Soreide Law Group at www.floridabarhearing.com or by phone at (888) 760-6552.  We represent those seeking admittance to the Florida Bar and exisitng lawyers in disciplinary actions.

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.

SUPREME COURT DISCIPLINES 30 ATTORNEYS

December 7, 2009
The Florida Bar
The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court, in recent court orders has disciplined 30 attorneys, disbarring nine, suspending 17 and placing four on probation. Some attorneys received more than one form of discipline. Four attorneys were publicly reprimanded. Three were ordered to pay restitution.

As an official agency 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 87,000-plus lawyers admitted to practice law in the state of Florida. Since Aug. 1, 2007, case files have been posted to the attorneys’ individual Florida Bar profiles.

Soreide Law Group represents lawyers in front of the Flordia Bar and also those in need of representation for an investigative hearing or formal hearing during the admittance process. To speak to an attorney please  call: (888) 760-6552 or visit our website at: www.floridabarhearing.com .