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Character Witnesses in Florida Bar Hearings

Character witnesses are sometimes called to testify at character and fitness hearings before the Florida Board of Bar Examiners. At the investigative level it is far less common to call a live witness. More often than not character testimony is offered only in the form of letter support or affidavit at the investigative level. As an attorney that represents Applicants at these hearings I would only recommend calling a live witness if one is needed to refute compelling bad character evidence against an Applicant. At meetings with the Board they have to see multiple Applicants in a day and don’t want to get bogged down with multiple live character witnesses and have the right to refuse their testimony. That is why at the Investigative hearing level it is best to just offer the letter support instead of the live person.

At Formal Hearings, assuming the Board advanced you to the next level and didn’t clear you at the investigative hearing, I feel it is imperative to call live character witnesses. At the formal hearing it is almost expected that you will be able to offer some compelling character testimony from someone that may influence the Board. A friend or family member is not compelling to the Board since they would recommend you no matter what your past looks like. Try to focus on past employers or former co-workers that are Florida Bar members when deciding who to offer to the Board as your witness. Also think quality over quantity. One compelling authority the Board would listen too is better than three of your buddies you graduated law school from.

If you have an investigative character and fitness hearing or a formal character and fitness hearing before the Florida Board of Bar Examiners call an attorney at (888) 760-6552 for a free consultation.

Florida Bar Defense Lawyer Formal Hearing Tip of the Month for October

After an investigative hearing before the Florida Board of Bar Examiners, if they determine that that you may have engaged in conduct that is potentially disqualifying, the Board will then file specifications against you. These specifications require an answer within 20 days. In the answer you are allowed to plead your affirmative defenses to the accusations. If the affirmative defense of rehabilitation is not correctly plead then it is waived.
It is the Applicants burden at the formal hearing to prove rehabilitation by the clear and convincing evidence standard.  This standard is not defined anywhere and is up for interpretation as to how much rehabilitation needs to be documented for each offense. Community service is one way to document rehabilitation, but the more narrowly tailored the rehabilitation efforts are to the offense, the better it will be received by the board.
Also, at the formal hearing you are allowed to offer live character witnesses to appear before the Board to testify on your behalf. A formal hearing is a full blown trial where the Board is making arguments through their counsel to keep you out of the Bar. This can be a scary and daunting process for any applicant.  If you have a formal hearing before the Florida Board of Bar Examiners it is highly recommended your consult with an attorney.
Call the Soreide Law Group at (888) 760-6552 for a no cost consultation with an experienced Florida Bar Defense Attorney if you have an upcoming Investigative or Formal hearing with the Florida Bar. We travel to all locations throughout Florida to appear before the Board of Bar Examiners.

Elements of Rehabilitation in a Formal Hearing

 If Specifications have been filed by the Florida Board of Bar Examiners and you have to attend a formal hearing before the Board, you may want to consider pleading “rehabilitation” as an affirmative defense. This is the only affirmative defense that must specifically be plead in your Answer, or else that defense is waived and you may not be permitted to put on evidence of rehabilitation at your formal hearing. In considering what to do to effectively establish rehabilitation, Florida Bar Rule 3-13 codifies the “elements of rehabilitation”.

3-13 Elements of Rehabilitation.
 
Any applicant or registrant who affirmatively asserts rehabilitation from prior conduct that adversely reflects on the person’s character and fitness for admission to the bar must produce clear and convincing evidence of rehabilitation including, but not limited to, the following elements:
(a) strict compliance with the specific conditions of any disciplinary, judicial, administrative, or other order, where applicable;
(b) unimpeachable character and moral standing in the community;
(c) good reputation for professional ability, where applicable;
(d) lack of malice and ill feeling toward those who, by duty, were compelled to bring about the disciplinary, judicial, administrative, or other proceeding;
(e) personal assurances, supported by corroborating evidence, of a desire and intention to conduct one’s self in an exemplary fashion in the future;
(f) restitution of funds or property, where applicable; and,
(g) positive action showing rehabilitation by occupation, religion, or community or civic service. Merely showing that an individual is now living as and doing those things he or she should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. The requirement of positive action is appropriate for applicants for admission to The Florida Bar because service to one’s community is an implied obligation by members of The Florida Bar.
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 https://www.floridabarhearing.com.