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.