Applying to the Florida Bar can be an intense process. What should I include on my application? What shouldn’t I? You may have many questions. A question that we commonly see asked is, “Do I have to disclose underage drinking on my Florida Bar Application?” In this blog, we will answer this question so you know exactly how to proceed with your Florida Bar Application. 

Do I Have To Disclose That I Was Written Up For Underage Drinking In My Dorm If I Wasn’t Found Guilty of Any Student Conduct Code Violations, or If I Can’t Find Anything About It In My School Records?

Choosing to omit a student conduct code violation or accusation from your Bar application shows the Florida Board of Bar Examiners that you believe honesty is selective. 

Your job is to be completely candid. Making a choice to omit effectively tells the Board that you have – unwisely – taken it upon yourself to decide what is relevant over being candid. Your choices take their decision-making job away from the Board. Obviously, that’s not going to work out well for you. 

It doesn’t matter if you can’t find any information about the incident – the Board may still be able to find something in their background investigation because they have access to resources unavailable to you. Basing your decision to disclose on a gamble that the Board might not discover the accusation of misconduct isn’t worth the risk.

It also doesn’t matter if the write-up didn’t lead to a formal finding of academic misconduct. The accusation alone is enough to trigger a disclosure requirement. Even if you think it was unfounded or unfair, the application offers the opportunity to explain yourself along with any mitigating circumstances when you disclose the incident. 

Providing an explanation as to how the accusation came about does not make it an admission to the misconduct that’s being alleged. Sometimes well-intentioned people will advise the applicant not to disclose for fear of making an admission. However, simply describing an accusation against you and the circumstances that led to the accusation is not an admission of misconduct. 

Dishonesty extends to downplaying the details of the incident and shifting blame. How well you spin facts in order to look better is not a quality the Board looks for in Bar candidates.

Beyond demonstrating your integrity, full disclosure presents an opportunity to explain your side of the story, discuss how you’ve moved past it, and talk about any circumstances that were affecting you at the time the misconduct took place. Don’t pass up on these opportunities. 

You cannot turn back the clock, but you can choose whether you’ll be fully candid. If you’re unsure, honesty is the only choice. It may be wise to consult with an experienced Florida Bar Admissions Attorney who can help you navigate this disclosure.

Will Getting Caught For Underage Drinking Affect Admission To The Florida Bar?

A single offense for underage drinking isn’t likely to affect admission to the Florida Bar. However, a pattern of misbehavior and a cover-up of the misconduct can and likely will. Candor with the Board is always the best choice. If it happened, assume they will find out about it. Be honest and clear and, when necessary, offer supporting evidence that shows your good moral character and fitness to practice law. 

Conclusion

The background investigation for admission to the Florida Bar is incredibly thorough. Never assume that the Board won’t find an indiscretion just because there isn’t an official record of the incident. Also, keep in mind that a single minor issue in your past like underage drinking at college isn’t likely to be a reg flag for the Board. Relax and be honest for the best chance at passing character and fitness. 

If you have any further questions or concerns consider consulting with an attorney who has an extensive knowledge of Florida Bar Character and Fitness Investigations, like Elizabeth S. Conan. Request a consultation to be sure you are making the best choices when filling out your Florida Bar application.

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