You hear a lot about the Bar exam, right? The second hurdle isn’t talked about much, and that is the character and fitness evaluation in the Florida Bar application process. This topic may be a breeze for some and nerve-wracking for others, but it is important to remember that you must be completely honest and thoroughly disclose any and all incidents that may have occurred in your past. The act of being dishonest, or withholding information,while completing your Bar application will be looked upon more negatively than admissions to previous misbehavior. Also, keep in mind that a detailed background check is performed on every applicant as part of the character and fitness requirement.
What Is The Character And Fitness Part of The Florida Bar Application Process?
Your character and fitness journey starts with the answers you provide on your Bar application. Are the answers very detailed and accurate because you got the documents necessary and did not rely on memory? Did you parse the questions and omit information because you were unsure whether to disclose? The way you describe events in your answers reveals something about your character and fitness, whether you possess good moral character. The Board also does a full background check, which provides more information about your morals. Don’t panic, the Board does not expect you to have a flawless past. They do want to see that you can accept accountability for the consequences of your actions, and that you have learned and grown from your mistakes. The character and fitness prerequisite to Florida Bar admission is just as important as passing the Bar exam.
What Past Events Trigger a Concern about Your Character and Fitness?
The following is a list of “flags” that could raise questions about your character and fitness:
- Educational institute discipline
- Violation of college or graduate school entrance exam rules
- Employment
- Discharge, termination, or suspension
- Involuntary resignation
- Denial over concerns with character or background
- Charges and complaints
- Military service
- Non-judicial proceedings
- Judicial proceedings
- Administrative proceedings
- Discharge
- Financial obligations/delinquency
- Student Loans/delinquency
- Judgements and liens
- Giving worthless checks, drafts, or credit card orders
- Taxes/past due or not filed
- Personal litigation and administration proceedings – Defendant
- Personal litigation
- Bankruptcy
- Obligation default
- Court sanctions and judgments
- Incompetence or guardianship
- Being held in contempt
- Business legal proceedings
- Business ventures – unsatisfied judgements
- Felonies
- Convictions
- Incarcerations
- Probation
- Misdemeanors, infractions, citations, and other violations of the law
- Vehicular offenses like DUI
- Traffic violations
- License revocation or suspension
- Infractions and citations
- Grand jury investigation
- Professional licenses
- Denied
- Discipline
- Complaints
- Charges
- Suspensions
- Violation of examination rules
- Substance abuse or diagnosis of serious mental health issues
- Involvement in an organization advocating overthrow by unlawful means
- Violation of bar exam rules
- Unlicensed practice of law
- Conditional or probationary admission to practice law in another jurisdiction
- Lapse or termination of authority to practice law in another jurisdiction
- Professional grievances
- Disbarred
- Suspended
- Disciplined
- Cautioned/admonished
- Charges/complaint (formal or informal)
What Is An Investigative Hearing?
It’s an opportunity for Board members to ask you questions to assess your moral character. They will reference details on your application that are concerning or that need further explanation.
What Questions Do They Ask At An Investigative Hearing?
At a character and fitness interview, board members will want to get more information from you about details relevant to your character and fitness. Answer the questions thoughtfully, thoroughly and honestly. These questions typically relate to any criminal activity including arrests, charges, pleas, convictions (juvenile and adult), involvement in civil litigations where you were a named party, academic and employment misconduct and discipline, nonpayment or late payment of taxes and other debts, traffic violations (except minor parking citations), substance abuse, mental health, and any other concerns with possible dishonesty or poor character.
The Character and Fitness process can be overwhelming. Let us help. Elizabeth S. Conan, Attorney at Law, can help guide you through the Florida Bar application and the Investigative Hearing. Elizabeth S. Conan has the expertise and experience needed to get you through the bar application process.
