You may be called for a Florida Bar Character and Fitness Investigation. This can be overwhelming and stressful for Florida Bar applicants. “Does this mean I won’t get admitted to the bar?” “How can I prepare for a Florida Bar Investigative Hearing?” Elizabeth S. Conan can help by providing you with the legal counsel necessary to understand the process, present yourself in the best possible way, and be thoroughly prepared to tackle a Florida Bar Investigative Hearing.
What Is A Florida Bar Investigative Hearing?
If your Florida Bar application and/or background investigation raises concerns about your Character and Fitness, you will be called to appear before the Florida Board of Bar Examiners for an informal investigative hearing. Investigatory hearing panels question a Bar candidate’s history to determine whether the applicant is currently fit to practice law. Honesty is paramount in these hearings. No matter how embarrassing or troubling, any failure to disclose material facts will significantly jeopardize an applicant’s chance of practicing law in Florida. A Florida Bar Admissions Attorney can help you properly prepare for a Florida Bar Investigative Hearing.
Why Am I Called For A Florida Bar Investigative Hearing?
None of the following situations from which most issues arise are incurable, but where one or more are in your past, and when you think about what’s at risk, you’d be prudent to seek an attorney with Florida Bar admissions experience before answering the Bar application questions, responding to the Board’s requests for additional information, or attending investigative hearings before the Florida Board of Bar Examiners:
Criminal Offenses – an underage possession in undergrad won’t preclude admission, but multiple/repeated charges, or serious offenses involving violence and/or dishonesty, could raise concerns about respect for the law itself, especially where the behavior continues into or after law school attendance.
Academic Misconduct – honor code violations reflect on candor and are certain to raise questions about fitness to practice law. Plagiarism is an especially serious offense, as it denigrates the positive attribute of candor.
Financial Irresponsibility – as with criminal offenses, a history of dodging or failing to timely pay debts and/or taxes shows a disregard for legal obligations. Since respect for the law is essential in practicing law, it’s an important factor to establish. Financial instability, credit problems and bankruptcies also raise concerns that, if admitted, the applicant may be a risk when handling a client’s money.
Driving History – an occasional speeding ticket will not likely jeopardize admission, but a long history of offenses tends to show a disregard for the laws. Multiple drunk or reckless driving convictions raises even greater concerns.
Civil Lawsuits – applicants need to candidly disclose the nature of the lawsuit filed against them on their bar applications, and the descriptions may raise concerns when there are allegations of fraud or dishonesty, excessive debt, and/or respect for the laws, among other misconduct.
Addictions – where an addiction has adversely impacted behavior in the past, the Florida Board of Bar Examiners will probe into recovery, to determine whether an addiction still poses a risk to an applicant practicing law safely.
Failure to Disclose – omitting facts that are material to character and fitness, or submitting an application that contains misleading information, seriously risks the denial of Bar admission. Omission weakens the essential attribute of candor. Failure to disclose isn’t always fatal. Applicants can still be admitted to the Florida Bar if they can show proof of clear and convincing evidence of rehabilitation.
Misrepresentations – in addition to the Bar application, the Board looks at law school applications, applications for admission to other jurisdictions, employment/internship applications, and other documents. Out-of-state lawyers seeking admission to the Florida Bar are closely scrutinized for professional discipline imposed in other jurisdictions. Seek assistance from a professional Florida Character and Fitness Attorney.
Can I Still Be Admitted To The Florida Bar If I Am Called For an Investigative Hearing?
Yes, you definitely can – as long as you are truthful and show rehabilitation and/or character growth. The Florida Board of Bar Examiners is more likely to excuse past indiscretions if they truly are in the past, but serious problems can arise when an applicant shows a pattern of continuing misconduct, especially where the pattern continues after admission into law school.
Should I Hire Legal Counsel If I Am Called For An Investigative Hearing?
Past mistakes could prompt follow-up questions that require careful preparation with an experienced lawyer who has strong knowledge of a Florida Bar Investigative Hearing. As a Florida Bar Admissions attorney, Elizabeth S Conan has the expertise you need to have the best chance at passing the informal Investigative Hearing so a formal hearing won’t be necessary, and you can become a member of The Florida Bar as soon as possible.