Tag Archive for: The Florida Board of Bar Examiners

Applicants Before Florida Bar Examiners Should Write a Brief

As an experienced Florida Bar Hearing Defense Attorney, I know that after ever investigative hearing before the Florida Board of Bar Examiners, there can be a range of outcomes. The worst outcome is the filing of specifications and the applicant having to advance to a formal hearing before the board. When the conduct is bad but not quite egregious enough to warrant a hearing that takes up the board’s time and resources, they can ask you to do anything from community service to writing a brief. The brief would be on a topic that is relevant to your specific perceived misconduct.  I’ve seen topics ranging from candor to financial responsibility. For example, after a complex hearing with multiple issues spanning decades, one of the last clients I represented before the board was given an opportunity to write a brief in lieu of specifications being filed.

The board requested the following (some is redacted to protect client privacy):

“The board requires a 20-page brief, double-spaced and 14 point Arial font, prepared by your client, signed, and filed with the board. The brief must conclude with a declaration stating: “Under penalties of perjury, I declare that I have read the foregoing brief, that the facts stated in it are true, and that the work in this brief is my own.”

The brief should address your client’s understanding of candor, including discussions specifically about candor to tribunals, such as the board of bar examiners, and as it relates to the following: (1) your client’s own past behavior as it relates to failure to disclose on the law school application, arrests for driving under the influence, and charges for driving with a suspended license, (2) the practice of law and the obligation of an attorney to tell the truth, (3) the Rules of the Supreme Court Relating to Admissions to the Bar and the need for candor by bar applicants and the Rules Regulating The Florida Bar on the need for candor in communicating with clients and courts, including citations and explanations of applicable judicial decisions interpreting those rules.

The brief must be received within 30 days from the date of this letter. If your client is not interested in filing a brief, notify the board in writing. If additional time is needed to submit the brief, request an extension of time in writing before the expiration of the deadline. If neither an extension request nor a brief is received within 30 days of the date of this letter, the board will proceed with final consideration of the bar application based on the record currently before it, which may include termination of the application.”

In this circumstance my advice would be to take the offer, write the brief, and become a lawyer. However, an experienced attorney will be able to anticipate what the issues are that the Board of Bar Examiners are concerned with that relate to your character and your specific situation. We can have you do this in advance to show the board you already know what is expected and required of you as an attorney. This saves the applicant time and promotes goodwill with the board and shows them that you possess the requisite good character and fitness today as you appear before them to be admitted to the Florida Bar. For more information or questions on formal or informal character hearings before the Florida Board of Bar Examiners call Soreide Law Group at 888-760-6552.

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.

Florida Bar Hearing Defense Lawyer’s Tip of the Month for May 2014

After just returning from Tampa, after another successful administration of the Florida Board of Bar Examiners, I returned with the thought that no crime is too old for the Board to inquire about. Time is a mitigating factor when it comes to bad acts, but it doesn’t mean the Board won’t want to learn about all the details of some youthful indiscretion even though, for example, you may have been still in high school.

The focus of the Board of Bar Examiners should be the status of your present character and Florida Bar Rule 3-12 (Determination of Present Character) (a) and (b) both consider the age and recency of the conduct at issue.

To be on the safe side, depending on the egregious nature of the past conduct (no matter how old), it may be wise to consider going above and beyond just being prepared to discuss the past crimes in detail. You may want to consider doing some meaningful community service to offer as evidence of rehabilitation.

Florida Bar rule 3-13 (g) considers all community or civic service. Florida Bar rule 3-13 (g) goes on to further state that, “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 of members of The Florida Bar.”

For a free consultation with a Florida Bar Hearing Defense Lawyer to help you meet your burden of proof that you possess the requisite good character to practice law in Florida, call Soreide Law Group at (954) 760-6552. We travel to all hearing locations throughout Florida of the Board of Bar Examiners.

The Florida Board of Bar Examiners is Seeking Members from the General Public

The Florida Board of  Bar Examiners is currently seeking two people  from the general public to help in the process of recommendations for The Florida Bar.  This would be a three year term for the board members chosen.

The duties of the Board of Bar Examiners is to make sure all of the requirements for the applicants are met.  These requirements include such things as education, character and fitness, technical competence, to name a few. The deadline to apply is April 25, 2014.  The Florida Supreme Court has the final decision once the Board makes the recommendation.

For the general public member positions, lawyers are not eligible and you must have a bachelor’s degree, also experience or education in areas such as educational testing, statistics, psychology or medicine.  Expenses will be covered and approximately three days per month of work.

If you are interested in the position, please contact The Florida Bar.  Information is available also on their website.

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. Please call (888) 760-6552.

Florida Bar Hearing Defense Lawyer’s Tip of the Month for March 2014

Having just returned from the recent hearings before the Florida Board of Bar Examiners in Tampa, I felt that the topic of child support obligations should be the topic of discussion for this month’s post.
Florida Rule 4-8.4(h) prohibits a lawyer from willfully refusing to timely pay a child support obligation. Florida Statute 61.13015 provides the basis for The Florida Bar to suspend a lawyer or deny a professional license for the willful non-payment of child support obligations.  Child support is an issue that I am beginning to see more often before the Board of Bar Examiners at investigative and formal hearings.
If you have delinquent payment obligations and are currently applying to the bar, try to make every effort to make all payments current. Your scorned ex-spouse will most likely also be contacted the Bar’s examiners and this will give them every opportunity to air out your dirty laundry and pour gasoline on the fire, creating all sorts of new issues you will have to defend.
Being a law student is no excuse for not paying your child support. Make arrangements to keep current at all times. If you have an investigative or formal hearing with the Florida Bar, feel free to call for a consultation at no cost to discuss your situation with a Florida Bar Hearing Defense Attorney. Call Soreide Law Group at (888) 760-6552. Our main office is in Fort Lauderdale, Florida. Our attorneys travel to all locations throughout Florida to appear before the Board of Bar Examiners.