Florida Bar Character and Fitness Investigations
The Character and Fitness Investigation is a big part of The Florida Bar application process. This is the one part of the process that you have very little control over, because, for the most part, the background investigation is looking at your past to determine your Character and Fitness. Passing Character and Fitness is absolutely necessary for admittance to The Florida Bar. But this does not mean that you cannot practice law if you have made one or two mistakes in your past. The Florida Board of Bar Examiners (FBBE) is looking for truthfulness and candor about any indiscretions throughout the application process, evidence of rehabilitation, and positive social contributions since the event or issues.
What Is A Florida Bar Character And Fitness Investigation?
The Florida Bar Character and Fitness Investigation is a background check for Florida Bar Applicants. A background investigation is performed on all persons that apply for admission to The Florida Bar. After reviewing your application, the Character and Fitness Investigation is the next step toward checking your Character and Fitness to practice law in Florida. Hiring the right Florida Character and Fitness Attorney will make the process a lot easier.
Essential Eligibility Requirements For Admission To The Florida Bar
The Board of Bar Examiners looks for evidence of the following qualities in all applicants (Rule 3-10.1 paraphrased):
- They know the law and how to apply it.
- They know how to logically and correctly analyze legal issues.
- They show that, if their admission is recommended, they:
- Will meet deadlines
- Will communicate honestly and respectfully with peers, the courts, clients and others
- Will manage finances ethically and responsibly
- Won’t do anything that could or does put anyone in danger
- Won’t cheat or steal
- Will obey the laws, orders of the court, and the Rules of Professional Conduct
Conduct That May Be Of Concern During A Florida Bar Character And Fitness Investigation
Conversely, adverse/disqualifying conduct can route an application for a Flodia Bar Investigative Hearing, and in some cases, might be the basis for denial of admission (Rule 3-11):
- Unlawful conduct
- Academic misconduct
- Making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the Bar Application, or any amendment, or in any testimony or sworn statement submitted to the Board
- Misconduct in employment
- Acts involving dishonesty, fraud, deceit, or misrepresentation
- Abuse of legal process
- Financial irresponsibility
- Neglect of professional obligations
- Violation of an order of a court
- Evidence of a mental disorder that may impair the ability to practice law
- Evidence of a substance use disorder that may impair the ability to practice law
- Denial of admission to the bar in another jurisdiction on character and fitness grounds
- Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
- Any other conduct that reflects adversely on the character or fitness of the applicant
*Having one or more of the adverse/disqualifying factors doesn’t automatically mean you’re not going to get admitted to the Florida Bar.
What Does The FBBE Consider To Determine Good Character And Fitness?
The Board looks at the circumstances around the adverse conduct, to give the incident(s) appropriate weight and significance (Rule 3-12):
- 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
- Materiality of any omissions or misrepresentations
Can A Character And Fitness Investigation Result In Denial To The Florida Bar?
Depending on your history of adverse conduct, the background investigation could potentially result in denial to The Florida Bar. However, typically, you would be called for an informal Character and Fitness Hearing and a formal hearing prior to denial. If you have a history of criminal activity or other conduct that may call your Character and Fitness into question, talk to a Florida Bar Admissions Attorney before you even fill out your Florida Bar application. A Bar Admissions attorney can help guide you through the application process to give you the best possible chance at becoming a licensed attorney in Florida.
How Can Hiring A Character And Fitness Attorney Help Me Get Admitted To The Florida Bar?
An experienced Florida Bar Admissions Attorney can help you answer difficult Character and Fitness questions and help you to best present yourself to the Florida Board of Bar Examiners from application all the way to formal hearings. Elizabeth S. Conan has focused her law career on helping bar candidates become licensed Florida attorneys. She has the knowledge and expertise you need to get admitted to The Florida Bar even if you have some indiscretions in the past. Don’t give up your dream of becoming a lawyer until you consult with Elizabeth!
