Let’s first address the fact that alcoholism is a chronic brain disease which is why alcoholics find it so difficult to stop or control their drinking and even when they do, relapse is always a possibility. Alcoholism is strongly linked to stress so it is prevalent in attorneys. 

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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