What Is an Associate Attorney?

An Associate Attorney is a licensed lawyer who works at a law firm but is not a partner or part owner. Firms typically employ Associate Attorneys to handle various legal tasks These are some of the typical duties of an Associate Attorney:

• Researching cases
• Drafting legal documents
• Meeting with clients
• Representing clients in court

Can I Be Considered an Associate Attorney Before Admission to the Florida Bar?

No, not officially. In order to have the title Associate Attorney in Florida you must be a Florida Bar Licensed Attorney. This means you passed the Florida Bar Exam and the MPRE as well as the Florida Bar Character and Fitness Investigation and were admitted to the Florida Bar and sworn in.  

Real-Life Scenario

“I applied for an Associate Attorney position at a law firm even though I haven’t passed the Florida Bar Exam yet. Is it okay for me to apply for that position? If I get hired, can I say I’m an Associate Attorney?”

The title Associate Attorney, when used incorrectly, upsets the Board of Bar Examiners. It’s important to understand what an Associate Attorney is before using that term to describe yourself.

The word “associate” before “attorney” does not automatically tell the world that you cannot practice law. It is a widespread misconception that’s what “associate” means. When you obtain a job after being admitted to the Bar, most firms typically call newly hired lawyers/attorneys their Associate Attorneys, or “associates” for short. 

Even if you are nowhere near a client or a courtroom or are only doing research at a law firm, you are not an attorney, and you are not a lawyer, until you have been admitted to the Bar. You cannot legitimately call yourself an attorney, or call yourself a lawyer, regardless of whether the word “associate” is attached at the front of “attorney” or “lawyer”, and regardless of what kind of work you’re doing at a firm.

In fact, labeling yourself an Associate Attorney in your bar application or on a law firm’s website can be seen as representing to everyone that you are licensed to practice law. In reality, holding yourself out as an Associate Attorney when you’re not licensed to practice law is often considered to be unauthorized practice of law, which is a third-degree felony in Florida.

If you have graduated from law school and absolutely must add some distinction/title after your name, it should be Juris Doctor or J.D. only. Anything else (Esq., Counselor at Law, Atty., for example) is a misrepresentation that you are licensed to practice law legitimately. 

It is okay for you to apply for this type of position as long as you plan to tell the potential employer that you are NOT an attorney when responding to the ad. The firm is looking for someone who is licensed to practice law when they advertise for an Associate Attorney. An associate lawyer is allowed to appear in court on behalf of the firm’s clients and sign pleadings and letters related to a firm’s case. A person who is not licensed to practice law can do none of those things legitimately. However, if you have passed the Bar and Character and Fitness and are simply waiting on the last steps to becoming a licensed lawyer, applying for an associate lawyer position is fine as long as you don’t misrepresent yourself.

If you are already working at a law firm and are unsure of your title, ask your employer. This will help ensure the information your employer sends to the Florida Board of Bar Examiners matches up with your resume and with what you say your title is when completing your Bar application. When you are not yet licensed to practice law and you’re working at a law firm, it’s usually safe to say that your title is law clerk.

If the firm has a website, make sure that you’re not described as an Associate Attorney or any kind of attorney at all.

For more information, check out this article: https://www.findlaw.com/legalblogs/law-and-life/whats-the-difference-between-jd-and-esq/

Conclusion

Can I be considered an Associate Attorney before admission to the Florida Bar? No, because an Associate Attorney must be licensed to practice law. You are likely to be considered a law clerk if you work at a Law Firm before Bar admission. Be honest and clear about your title and be certain that you are not misrepresented on your Bar application or a firm’s website.

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What Is the NextGen Bar Exam?

The NextGen Bar Exam shifts away from traditional testing methods to a more holistic assessment of a candidate’s capabilities. This exam lessens the focus on memorization of legal principles and instead focuses on practical skills and ethical decision-making. 

Key Features of the NextGen Bar Exam Include:

Practical Skills Assessment 

Bar candidates will be evaluated on their ability to apply their knowledge of the law to real-world scenarios. This could involve simulations of client interactions, negotiations, and case analysis. The aim of the practical skills assessment is to ensure that new attorneys have the skills needed for effective practice.

Emphasis on Professional Responsibility

Understanding ethics and professional conduct is of the utmost importance for lawyers. The NextGen Bar Exam will place a greater emphasis on these areas by assessing Bar candidates’ abilities to navigate ethical dilemmas they may face in practice.

Integration of Technology

Because technology continues to greatly influence the legal field, the NextGen Bar Exam will likely incorporate tech-driven assessments. This might include online modules or virtual simulations that simulate real-life legal environments, helping candidates adapt to tech-enhanced practices.

Flexibility and Accessibility 

One of the goals of the NextGen Bar Exam is to make the assessment process more flexible and accessible. This may include offering multiple testing formats, allowing candidates to take parts of the exam at different times, or potentially providing options for remote testing. This flexibility can help accommodate diverse learning styles and personal circumstances and allow the Bar exam to be more fair and inclusive.

How Will The NextGen Bar Exam Affect the Florida Bar Exam?

The main way that the NextGen Bar Exam will affect the Florida Bar Exam is that the Florida Bar Exam Is Changing Format In July 2028. Currently, the Multistate Bar Exam (MBE) is used in addition to the Florida-Prepared Bar Exam. However, beginning in July 2028 The NextGen Bar Exam will take over as the new multistate Bar exam. Just like the MBE, it will be used in combination with the Florida-Prepared Bar Exam. 

Many believe that this more modern Bar exam may offer a fairer playing field for all Bar applicants. This is because this exam pulls away from the antiquated memorization style and focuses more on realistic law practice scenarios. This is likely to be easier for many prospective attorneys, while others may find it more challenging. Either way, the NextGen Bar Exam may help the Florida Bar accept new lawyers who are more equipped to practice law right out of the gate. 

Conclusion

The NextGen Bar Exam’s unique style is going to bring a modern spin to the Florida Bar Exam as well as countless other jurisdictions’ Bar Exams. Look for the first implementation of the NextGen Bar Exam in Florida in July 2028. This new Bar exam is an exciting advancement in Bar testing that looks like it will be the wave of the future for jurisdictions across the country and beyond. 

The post What Is the NextGen Bar Exam, and How Will It Affect the Florida Bar Exam? appeared first on Florida Bar Hearings.

What Is a Complete Statement?

One definition of “complete” is “having all the necessary or appropriate parts”

Everybody’s interpretation of having a statement with all the necessary or appropriate parts varies. However many applicants make errors that result in their statements being incomplete in their Bar applications.

Where to Begin: Florida Bar Exam Questions Regarding Past Academic Misconduct

Before drafting your explanation, gather all the paperwork associated with the educational institution discipline incident. Carefully review that paperwork and then use that information when describing the

event.

Examples of What NOT to Say in the “Complete Statement of the Circumstances” on Your Bar Application – Questions Regarding Past Academic Misconduct and Discipline

The following are examples of “complete statements” from Bar applications submitted to the Florida Board of Bar Examiners without prior review by an attorney. They are an example of what NOT to say. They’ve been edited to remove any information that would make the identity of the applicant known.

• “I was reprimanded for “cheating” as defined by the Honor Code. I used a paper from a previous student and received outside help on an ungraded assignment in my writing class.”

If you’re going to reference the honor code, you need to include it – i.e. “…as defined by the Honor Code which states (insert definition of cheating from Honor Code).”

Then you need to describe exactly what you did that constituted cheating in detail. What was the class and what was the assignment? How did you get the other student’s paper in the first place? Did you pay the student or exchange anything in return for the paper? Did the student know that you were going to use the paper as your own? Did you represent the whole paper as your own or did you use parts of it? It looks like there was a paper plus outside help, so what was the outside help you received? From whom did you receive help? You get the idea.

• “At the time I had a lot going on in my personal life and instead of dropping the class and taking it at another time, I accepted outside help from another when it was prohibited in the course.”

The overall explanation of “why?” is good, but it lacks important details. Did you go to the professor and ask for an extension before resorting to cheating? Why didn’t you drop the class instead of cheating? Regarding whatever was going on in your personal life, is it something that could happen again? If yes, it might affect your clients and/or your ability to practice law with reasonable safety to the public, assuming you’re admitted to the Florida Bar. Also, if it’s a time management issue, describe what you’ve done to improve your time management skills to make sure it doesn’t happen again.

• “The school later found out about it and I did not deny the allegations. I was suspended for a term.”

How did the school find out? At what time did they find out, in relation to you submitting the paper as your own? Did the professor tell them? Did the professor talk with you first? Who was/were the person(s) who talked with you? Did you have to go before an honor board or any other disciplinary panel? If not, why? If yes, what was the proceeding and what was the outcome? Did you accept accountability and apologize? If not, why? Was/were there any other sanction(s) offered other than suspension? Did you have any terms you needed to complete during the suspension? How did you get back into good standing?

What to Say on Your Florida Bar Application Regarding Past Academic Misconduct and Discipline

First of all, be honest and forthright. Do NOT consider that the Florida Board of Bar Examiners WON’T find out about the incident. The Florida Bar Character and Fitness Background Investigation is incredibly thorough. Offer all pertinent details. (The examples above shed a lot of light on exactly what to include.) Explain how you were accountable, got back into good standing, or how you are different now than when the incident happened. 

Conclusion

We hope you have a clearer picture of what not to say AND what to say on your Florida Bar application regarding past academic misconduct. If you still need clarity on this section of the bar application you can contact Elizabeth S. Conan, Attorney At Law, with questions regarding your own complete statements about past academic misconduct and educational institution discipline.

You May Also Like Our Blog:

Will Plagiarism In College Affect My Admission To The Florida Bar?

The post What to Say on Your Florida Bar Application Regarding Past Academic Misconduct appeared first on Florida Bar Hearings.

What Is the Pass Rate for the Florida Bar Exam?

• The July 2024 exam’s first-timer pass rate was 77%; the overall pass rate was 65%. 
• The first-time pass rate for the February 2024 Florida Bar Exam was 56%. The overall pass rate was 41% 
• The first-time pass rate for July 2023 was 72%.The overall pass rate for July 2023 was 61%.
• The passage rate for first-time test-takers in February of 2023 was 55%.

How Is the Florida Bar Exam Structured?

• The first day of the Florida Bar Exam is focused on Florida law. There are essays and multiple-choice questions. The essay portion is in the morning and the multiple-choice part is in the afternoon.
• The second day of the Florida Bar Exam is the Multistate Bar Exam (MBE). This Bar Exam is all multiple-choice questions and is given over two sessions. The MBE tests your knowledge of civil procedure, constitutional law, contracts, criminal law, evidence, real property, and torts. 

When Is the Florida Bar Exam Held Each Year?

The first Florida Bar Exam of the year is offered on the last Tuesday and Wednesday in February. Each year, the second and last Florida Bar Exam is proctored on the last Tuesday and Wednesday in July. 

Florida Bar Exam Dates 2025

• The February Florida Bar Exam dates will be February 25th and 26th, 2025.
• The July Florida Bar Exam dates will be July 29th and 30th, 2025.

Florida Bar Exam Deadlines 2025

The February 2025 Florida Bar Exam’s timely filing deadline is November 15th, 2024. January 15th, 2025 is the final deadline, but you will incur a late fee if you file anytime after November 15th, 2024. The timely filing deadline for the July 2025 Florida Bar Examination will be May 1st, 2025. The final deadline for the July exam is June 17th, 2025.

Florida Bar Exam Late Registration Fees

If you sign up for the Florida Bar Exam anytime beyond the timely filing deadline a fee is required:

February Exam:

• Postmarked on or before December 16th, 2024 – $325
• Received by January 15th, 2025 – $625

July Exam:

• Postmarked on or before June 2nd, 2025 – $325
• Received by June 16th, 2025 – $625

Conclusion

When is the Florida Bar Exam in 2025? The February exam dates are Tuesday the 25th and Wednesday the 26th. The July Bar Exam dates are Tuesday the 29th and Wednesday the 30th. For the February exam, register by November 15th, 2024 to avoid a late fee. Register by May 1st, 2025 for the July exam to avoid a late fee. 

*If you need counsel for your Florida Bar Character and Fitness Investigation or a Florida Bar Investigative Hearing, contact Elizabeth Conan, Florida Bar Admissions Attorney.

The post When Is the Florida Bar Exam 2025? appeared first on Florida Bar Hearings.

Why Do I Have To Take The MPRE?

The legal profession is built on trust, honesty, and ethical behavior. We are sure you have noticed the importance of this while undergoing the Florida Bar Character and Fitness Investigation. Lawyers must adhere to strict rules to ensure they act in their clients’ best interests while upholding justice. The MPRE helps ensure that Florida Bar candidates understand these professional responsibilities before they are allowed to practice law in the state.

What Is On The MPRE?

The MPRE focuses on the ethical standards for lawyers and judges, based primarily on the American Bar Association (ABA) Model Rules of Professional Conduct and the Model Code of Judicial Conduct. While state-specific rules may vary slightly, these ABA rules provide a common foundation for lawyer conduct across the country.

MPRE Subjects

1. Client-Lawyer Relationship: This includes conflicts of interest, client confidentiality, and the duties lawyers are obligated to for their clients.
2. Competence and Legal Malpractice: Lawyers must be competent in their area of practice and avoid negligence.
3. Duties to the Court: Ethical behavior in court proceedings is a key part of the exam.
4. Judicial Conduct: Judges must also follow strict ethical rules, and some MPRE questions focus on these duties.
5. Lawyer’s Duties to the Public: Attorneys have obligations to uphold the law and avoid misconduct outside of practicing law.

MPRE Structure And Scoring

The MPRE consists of 60 multiple-choice questions. Only 50 of those questions are scored. The 10 pre-test questions will not affect your score. Test-takers have two hours to complete the exam.

Your MPRE results are on a scaled score ranging from 50 to 150. Each state has its own minimum score required for passing, but the typical range is between 75 and 86. Florida’s minimum passing score is 80. 

Preparing For The MPRE

The MPRE is not nearly as long or as in-depth as the Bar exam, but it still requires preparation. Law students typically take a professional responsibility course, which helps them understand the rules tested on the MPRE. If you think you need additional preparation for the MPRE , you can use commercial study aids, practice tests, and flashcards to prepare. Here are some MPRE Practice Questions.

When And Where Is The MPRE Offered?

The MPRE is administered three times a year—typically in March, August, and November. Bar candidates can register for the exam online through the NCBE website. It is offered at Pearson Vue testing centers nationwide, but it’s important to register early, as spaces can fill up quickly. Florida has over 25 testing sites.

Conclusion

Passing the MPRE is a crucial step toward becoming a licensed attorney in Florida. While this exam is shorter and less intense than the Bar Exam, its focus on ethics is critical. Lawyers have a duty to represent their clients with integrity and honesty, and the MPRE helps ensure that they understand the importance of maintaining these ethical standards.

The post What Is The MPRE? appeared first on Florida Bar Hearings.

The Florida Supreme Court approved the transition from the MBE (Multistate Bar Exam) to the NextGen in July of 2028. Let’s discuss this new Bar format and why this change is necessary.

What Will The New Format Of The Florida Bar Exam Be?

Beginning in the summer of 2028 the NextGen Bar exam will replace the MBE. The MBE is currently Part B of the General Bar Exam for Florida. There will still be a Florida-specific component of the General Bar Exam (currently Part A). Florida is still planning how to adjust the Florida-specific exam to work best with the NextGen test.

Why Is The Florida Bar Exam Changing?

The Florida Board of Bar Examiners recommended this change to the Florida Supreme Court who, in turn, approved the recommendation. The NextGen exam is more modern and will reflect the way that law and law school subjects are evolving especially for new lawyers. The MBE will ultimately be completely replaced by the NextGen exam. Florida is the 21st jurisdiction to commit to the NextGen Bar Exam. 

What Is The Difference between the MBE and the NextGen Bar Exam?

MBE

Subjects

1. Civil Procedure
2. Constitutional Law
3. Contracts
4. Criminal Law and Procedure
5. Evidence
6. Real Property
7. Torts

Administration

• The MBE is administered on paper. A laptop is not permitted. 
• Administered over two 3 hour sessions in one day.
• All Multiple Choice Questions

MBE Sample Test Questions

NextGen

Subjects

Foundational Concepts and Principles

1. Business Associations
2. Civil Procedure
3. Constitutional Law
4. Contract Law
5. Criminal Law
6. Evidence
7. Family Law (July 2028)
8. Real Property 
9. Torts

Foundational Lawyering Skills

1. Legal Research
2. Legal Writing
3. Issue Spotting and Analysis
4. Investigation and Evaluation
5. Client Counseling and Advising
6. Negotiation and Dispute Resolution
7. Client Relationship and Management

Administration

• The NextGen can be taken on your own laptop at in-person proctored testing sites. 
• Three 3 hour sections are administered over one and a half days. Two sections are proctored on day one. 
• ~40% Multiple Choice, ~25% Integrated Question Sets, ~33% Longer Performance Tasks

NextGen Bar Exam Question Examples

*The NextGen is still under development.

Is The NextGen Bar Exam Going To Be Easier?

While it looks like more knowledge and preparation is going to be necessary to do well on the NextGen, this test has been designed by using years of research and feedback. It will not include Conflict of Laws, Trusts and Estates, and Secured Transactions which are subjects deemed to be less necessary for new attorneys. Because this exam will focus more on skills and abilities instead of memorization, it is likely to be easier for many Bar applicants. 

Conclusion

Yes, the Florida Bar Exam is changing format in July of 2028. While this exam appears on paper to be more comprehensive, it adopts a new focus on skills and abilities rather than your just your ability to memorize copious amounts of text and lecture. This change may just open up the lawyering field to many more capable and unique applicants.

The post Florida Bar Exam Changing Format In July 2028 appeared first on Florida Bar Hearings.

Do I Have To Leave A Detailed Explanation About Past Criminal Conduct?

We recommend that you use this opportunity to be clear and candid with the Florida Board of Bar Examiners. In this section you can use your own words to explain your criminal history before the Board finds the details during your Florida Bar Character and Fitness Investigation.

Getting Started On The Detailed Explanation – Questions Regarding Past Criminal Conduct

What NOT to Say in the “Detailed Explanation” on Your Bar Application – Questions Regarding Past Criminal Conduct

One of the better definitions of “detailed” explanation is this:

“marked by abundant detail or by thoroughness in treating small items or parts”

Everybody’s interpretation of providing a detailed explanation varies, but quite a few applicants repeat the same mistakes related to nondisclosure when making detailed descriptions in their Bar applications.

Before even starting to draft your explanation, gather all the paperwork associated with the incident you’re describing. Carefully read it and then use that paperwork when describing the event.

What Not To Say When Filling Out Detailed Explanations About Past Criminal Conduct: Examples

The following are examples of what NOT to do when asked about past criminal conduct.

These are examples of “detailed descriptions” from Bar applications that were submitted to the Florida Board of Bar Examiners without prior review by an attorney. All could have been greatly improved. They’ve been edited to remove any information that would make the identity of the applicant known.

Arrested in my own home for disorderly conduct. Charges were filed and I pled guilty in June 2024.

What’s missing? How about an explanation of what happened leading up to the arrest for disorderly conduct? What was the applicant’s role in the scenario? What did the police report

say the applicant’s role was? What kind of charges were filed? How were the charges disposed? What were the terms the court imposed?

Also, the bar application isn’t the place to dispute the arrest. Applicant sounds indignant by saying “in my own home”.

Remember that explaining what happened fully and truthfully is not an admission of guilt. It just shows the Board that you can provide the full scope of information they’ll need for their

investigation in an honest, detailed way.

I attended a sporting event with a friend of mine in January 2016. While drinking underage, my friend became intoxicated and was causing a scene. To be clear, I did not partake in the drinking because I wanted the full experience of the event as well as abiding by the law.

The Board doesn’t care whether your friend was drinking underage and causing a scene. The friend isn’t the one whose conduct is at issue. It seems that the info about the friend is gratuitously added so the applicant can contrast their own law-abiding principles.

The stadium manager walked over to us because my friend was drawing negative attention towards herself and was acting belligerent. The stadium manager had the police officers handcuff and escort her off of the property. Nervous for my friend, scared and hysterically crying, the stadium manager seemed to believe I was asking too many questions. She began pointing her finger in my face and yelling at me as if I were part of the problem and disobeying the law. Then, as I remained calm and politely asked her to remove her hand from my face in order to deescalate the situation, I gently brushed her hand below my chin. I was then escorted by an officer as well.

The applicant continues to describe the friend’s conduct, suggesting that if not for the friend’s behavior, the applicant wouldn’t have gotten into trouble. There’s one mention of the applicant’s conduct and it’s that the police thought the applicant was “asking too many questions”. Not terribly helpful when you don’t include what those questions were. The applicant goes on to describe the manager’s belligerent behavior while making themselves seem victimized. These skewed statements make the applicant’s descriptions about their own behavior suspicious, particularly because they were also escorted away by law enforcement.

Not knowing the rights of the accused, they collected a urine sample and to their disappointment did not find any traces of alcohol or drugs in my system.

Did they tell you they were disappointed that your urine was clean? Avoid editorializing when you don’t have firsthand knowledge.

They took me to jail. I was charged with two felonies and two misdemeanors: battery on a law enforcement officer, resisting arrest with force, public indecency and aggravated battery on a civilian. Each charge was later dropped, and I was even asked to do an interview with a local news media outlet about the incident.

The charges are relevant information, and the applicant should go back into their description to include information that might explain why they were charged. Being asked to do an interview is irrelevant and shouldn’t have been included.

During this whole experience I never once got to explain myself, nor was I listened to when attempting to do so. Instead of becoming hateful and bitter, I’ve used this experience to propel me forward and become my “why”. I have the utmost respect and admiration for law enforcement, in fact it made me question and develop a new appreciation for our judicial system.

The applicant completely omits statements about their own conduct and includes gratuitous remarks about the judicial system. It doesn’t hide the omission of their own conduct in this scenario. Also, where’s accountability? Another omission would be an apology, but we can’t even get to that when there’s no statements of accountability to begin with.

Conclusion

We’ve provided some great examples of how NOT to use the detailed explanation. We hope you can use these examples to write an ideal detailed description of your past criminal conduct. Include all relevant information. State the facts and be completely candid. Avoid unnecessary or opinionated verbiage. 

If you are still unsure or you want to be sure you get it right, you can contact Elizabeth Conan, Attorney At Law, with questions regarding your own detailed descriptions about past criminal conduct.

The post How To Utilize The Detailed Explanation Regarding Criminal Conduct on the Florida Bar Application appeared first on Florida Bar Hearings.

What Is An Oath Of Attorney?

When a Florida Bar applicant is recommended for admission, the final step to becoming a Florida Bar member is taking the Oath of Attorney.The oath is performed by a judge, notary public, or another person that is authorized to administer oaths. The Oath of Attorney is a commitment that an attorney makes when they are admitted to the Florida Bar. The key promises a Florida lawyer makes when taking the oath include:

• Uphold the United States and Florida constitutions
• Respect for courts and judicial officers
• Avoid representing unjust cases
• Use only honorable tactics to find cases
• Maintain client confidentiality 
• Respect opposing parties and counsel
• Avoid using facts that harm a party or witness’s reputation unless absolutely necessary

When Do I Need To Take My Oath Of Attorney Once I Receive My Recommendation From The Florida Board Of Bar Examiners?

The important thing to remember is that you are not a licensed Florida lawyer until you take the Oath of Attorney. So, you will want to have your oath administered as quickly as possible. However, you do have ninety days from receiving your Florida Bar eligibility notification to take your oath.

How Can I Take My Oath Of Attorney Once Accepted To The Florida Bar?

You can have your Oath of Attorney administered as soon as you are notified that you have been recommended for admission. This can be done in state or out of state by any person authorized to administer oaths. An oath form will be provided in the application portal. 

Once administered, remember to sign the Oath of Attorney, and have the judge or person that administered your oath sign it and seal it. 

Oath of Attorneys can be administered on Zoom or a similar platform. In this case you will sign the oath, then email it to the authorized official who can sign it and email it back to you for submission.

You can also attend a swearing in ceremony. The Oath of Attorney will be administered to a group of approved applicants. Your paperwork can be completed at this time as well. Some law schools offer induction ceremonies. You can also follow the Florida Supreme Court on social media or check their website for ceremonies as well.  

You are required to submit an executed copy of the oath to the board. This submission will certify your admission and the date of admission. Upload your Oath of Attorney on the Florida Board of Bar Examiners portal.

Conclusion

Now you know how to take your Oath of Attorney and officially become a Florida Bar member and a licensed Florida attorney. You have several options to have your oath administered, and you can do this in state or out of state. Just remember to have you Oath of Attorney executed within ninety days of being notified of your recommendation for the Florida Bar.  

If you or any of your peers need a Florida Bar Admissions Attorney, Elizabeth S. Conan, Attorney At Law, has the expertise you need to help with Florida Bar Character Investigations, Florida Bar Investigative Hearings, and more.

The post How Do I Take My Oath Of Attorney Once Accepted To The Florida Bar? appeared first on Florida Bar Hearings.

Will Plagiarism In College Affect My Admission To The Florida Bar?

“In my last semester of college, I was rushing through a final paper. I changed a couple of words and rearranged a few sentences without giving credit to a source. I was reported for plagiarism, failed the course, and had to re-take it. That’s all that happened and it wasn’t a big deal. Should I be worried?”

The Council of Writing Program Administrators (WPA) defines plagiarism as deliberately using another person’s ideas, language, or other original material (material that is not common knowledge) in an instructional setting without acknowledging the source. Your school may have its own definition of plagiarism using slightly different terminology, but the basic idea remains the same.

Plagiarism is a big deal, and it poses a threat to Bar admission. Whether it’s a few sentences or a large section of the text, plagiarism involves the intentional misrepresentation of another person’s work as your own. This kind of deliberate deception raises serious questions about your ability to be truthful, which makes it a significant character concern for the Board of Bar Examiners. Plagiarism differs from failing to identify sources correctly because you don’t know how to, and/or don’t understand the assignment, and/or are careless due to poor time management/lack of planning. Some plagiarize because they lack self-confidence in their own ideas and their own ability to express them.

How To Prove Good Moral Character With Plagiarism In My Past

Whether you’ve been accused of or found responsible for plagiarism, your law school and Bar applications are not the time or place to downplay or challenge the accusation/finding. Taking responsibility demonstrates accountability, preserves some credibility, and advances the rehabilitation of your character. If the misconduct stemmed from carelessness or lack of time to complete the work, it’s helpful to let the Board know about any steps taken to improve Shortcomings with time management, which decreases the likelihood of another offense.

An effective apology for plagiarism contains both an apology to those whose work was copied as well as an apology to those who were misled by the copied work. I’d encourage you to read the following article by Jonathan Bailey, copyright and plagiarism expert/consultant with Copy Byte. He’s been fighting against plagiarism since 2001, and his article discusses invaluable pointers about an effective apology for plagiarism:

https://www.plagiarismtoday.com/2014/08/07/perfect-plagiarism-apology-im-still-waiting-see/

Conclusion

Plagiarism accusations and findings threaten your admission to the Bar especially when you fail to mention them on your Florida Bar application. But don’t give up! Consult with an experienced Florida Bar Admissions Attorney who can help you navigate how to tackle this issue in your law school and Bar applications. 

Elizabeth Conan is an attorney at law who helps law students overcome a plethora of issues that can affect bar admissions. Academic discipline and misconduct is one of the main focuses in her practice. Contact Elizabeth for a consultation.

You May Also Like:

The Role of Character and Fitness in Florida Bar Admissions
Florida Bar Admissions: Informal Hearing Versus Formal Hearing
8 Steps To Prepare For The Florida Bar Character And Fitness Investigation

The post Will Plagiarism In College Affect My Admission To The Florida Bar? appeared first on Florida Bar Hearings.

The Florida Board of Bar Examiners takes substance abuse seriously. It can affect your admission to the Bar.

Does Florida Have A Program To Help Law Students With Alcohol Problems?

Yes. The Florida Lawyers Assistance, Inc (FLA) offers substance abuse and mental health services to law students and other legal professionals. Click the link in the last sentence or call 954.566.9040 or 1.800.282.8981.

How Alcoholism Can Affect Your Florida Bar Application

“Evidence of drug or alcohol dependency” is listed under 3-11 Disqualifying Conduct. However, 3-12 Determination of Present Character explains how the Board weighs DUI or alcoholism by considering a number of factors including:

• Age at the time of the conduct;
• Recency of the conduct;
• Reliability of the information concerning the conduct;
• Seriousness of the conduct;
• Factors underlying the conduct;
• Cumulative effect of the conduct or information;
• Evidence of rehabilitation;
• Positive social contributions since the conduct;
• Candor in the admissions process; and,
• Materiality of any omissions or misrepresentations.

3-13 Elements of Rehabilitation explain how rehabilitation can help to prove good moral character. 

Alcoholism can affect your acceptance to the Florida Bar. However, your career isn’t over before it starts. There are ways to prove rehabilitation and successfully become admitted to the Bar. Conditional admission is also a way to prove yourself to the Board. 

What Can I Do To Show The Board That I’m Trying?

There are a few ways to show the Board that you are trying. 

• Be honest about your drinking.
• Get help and give evidence of this to the Board.
• Volunteer in your community and provide evidence of this to the Board.
• If you get a conditional admission, comply with all of the requirements

I started drinking – a lot – when I got stressed in undergrad. I got a DUI during law school and I haven’t been able to stop drinking. What can I do to show the Board that I’m trying?

In this example (JIN CA 2024), conditional admission is subject to a one-year period of monitored probation, paid for by the new lawyer, during which they must fulfill the conditions listed under Sections (2)(a) through 2(g) of the order. It would be difficult to sustain addiction-related habits while navigating random drug/alcohol screenings and weekly AA/NA meetings, among the other requirements, considering that documentation of an uninterrupted period of sobriety is required before the attorney can be taken off probation for an unconditional admission.

Conditional admission also requires this new lawyer to get the Florida Bar’s permission ahead of time for any travel (business or pleasure) outside of Florida that exceeds 10 days.

Extensions of the probationary period could be tricky because the new attorney could add another three to five years to the one-year conditional admission that’s already imposed, under Sections 7, 8, and 9 of the order.

Education before agreement is key in these cases so that the new attorney knows exactly what they’re getting into ahead of time and decide whether they can sustain these rigorous requirements or whether they should pursue a different route to Bar admission.

Conclusion

Don’t panic. Your substance abuse isn’t the end of your law career – at least it doesn’t have to be. Focus on rehabilitation and show the Board you are working hard to overcome your disease. Consult a Florida Bar Admissions Attorney to guide you through this hurdle and help you with hearings. Elizabeth Conan is a former Florida Bar staff lawyer who can help you overcome this obstacle blocking your path to becoming a licensed Florida lawyer. Request a consultation.

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