What rights does a bar applicant have when appearing before the board for a formal hearing?

• Recommend the applicant’s admission to the Supreme Court of Florida
• Enter into a consent agreement with the applicant providing for the applicant’s conditional admission
• Conduct further investigation into the applicant’s character and fitness
• File Specifications (a document that contains formal allegations of misconduct that, if proven, could result in an unfavorable recommendation by the board)

The filing of Specifications triggers certain procedural rights that are designed to provide the applicant with due process and to ensure the fairness of the process. Applicants are entitled to the following:

• A formal hearing (adversary proceeding) before a panel of the board consisting of no less than five members
• The hearing panel cannot include any member who once previously participated in an investigative hearing for such applicant, except with the applicant’s consent
• Representation by legal counsel
• Timely release of witness and exhibit lists by the parties
• Access to the board’s subpoena powers
• Cross-examination of witnesses who are called to testify against the applicant
• Presentation of witnesses and exhibits on the applicant’s behalf (technical rules of evidence are not applicable during a formal hearing)

Following the formal hearing, the panel will render its decision based solely on the evidence introduced into the record at the formal hearing. If the panel recommends that the applicant not be admitted, then written Findings of Fact and Conclusions of Law are prepared and filed. A bar applicant who has received an unfavorable recommendation from the board may seek review of such recommendation before the Florida Supreme Court.

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.