Posts Tagged ‘disciplinary action against attorneys’
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.
The Florida Bar, announced that the Florida Supreme Court in recent court orders disciplined 22 attorneys; disbarring five, suspending 13 and publicly reprimanding four. Three attorneys received more than one form of discipline. Two were placed on probation and one was ordered to pay restitution. 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 95,000-plus lawyers admitted to practice law in Florida. Since 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 website.
This ends the information from the Florida Bar’s website.
Attorney Lars Soreide, of Soreide Law Group, PLLC, 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.
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”.
Can I Still Get Admitted to the Florida Bar if I Have Had Past Drug, Alcohol, or Psychological Problems?Tuesday, December 11th, 2012
- prohibiting use of alcohol and controlled substances;
- requiring participation in Florida Lawyers Assistance, Inc. (FLA); and,
- random screenings for alcohol and controlled substances.
Applicants who may be candidates for conditional admission must provide documentation of at least 6 months of sobriety before being considered for conditional admission. It is preferred that documentation of sobriety be completed by entering into a monitoring program that requires daily log-ins to determine if testing is required that day, attend attorney support meetings, attend AA/NA (if dependent), and undergo random alcohol/drug screenings. If an applicant resides within Florida, the preferred program is Florida Lawyers Assistance, Inc. (FLA). Any applicant attempting to provide documentation of sobriety through FLA or similar program must fully comply with the program contract, including strict adherence to the random drug test procedure, no missed daily log-ins, no missed or positive tests, and compliance with the meeting and monitoring requirements as outlined in the contract. In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test. Documentation of the period of sobriety starts upon execution of a FLA or similar contract or the last date of noncompliance with the contract; whichever is most recent.
The board requires applicants to demonstrate 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.
- Contact FLA for assistance.
- Enter into a contract with FLA.
- Forward a copy of the FLA contract to the board.
- Arrange for FLA to provide monthly documentation to the board beginning immediately and continuing until all portions of the Florida Bar Examination are successfully completed.
- Full compliance with the FLA contract including strict adherence to the FLA random drug test procedure, no missed daily log-ins, no missed, or positive tests, and compliance with the meeting and monitoring requirements as outlined in the FLA contract. In all unexcused cases where log-ins are missed, whether a test was required that day or not, the applicant must immediately make arrangements to be tested no later than the following day. Any missed test or failure to test after a missed log-in will be viewed by the board as a positive test.
The board, while working with FLA, established the following policy regarding excused log-ins. The only missed log-ins that will be excused are documented instances of the following:
- Death in the family;
- Admission of the participant, family member or significant other to the hospital or emergency room;
- Victim of a natural disaster;
- Arrested and in jail.
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 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.
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.
The following information appeared on the Florida Bar’s website:
Summaries of orders issued between Oct. 2 and Oct. 15, 2012
The Florida Bar, the state’s guardian for the integrity of the legal profession, announced that the Florida Supreme Court in recent court orders disciplined 18 attorneys, disbarring two and suspending 11. Some attorneys received more than one form of discipline. Five attorneys were publicly reprimanded; two were placed on probation and one was ordered to pay restitution.
The Court orders are not final until time expires to file a rehearing motion and, if filed, determined.
Attorney Lars Soreide, of Soreide Law Group, PLLC, 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 or visit: www.floridabarhearing.com.