Admission to The Florida Bar requires more than passing The Bar exam. Another critical and often challenging part of the Florida Bar admissions process is the Character and Fitness evaluation. This comprehensive review ensures that aspiring Florida lawyers possess the integrity, ethical standards, and personal responsibility necessary to uphold the legal profession’s reputation and responsibilities.
What is the Character and Fitness Evaluation?
The Character and Fitness evaluation is an extensive background check conducted by the Florida Board of Bar Examiners (FBBE). The goal of this process is to assess whether applicants have the moral character and professional suitability to practice law. The Florida Bar Character and Fitness Investigation looks into various aspects of an applicant’s past behavior and current lifestyle. This includes but is not limited to criminal records, financial responsibility, academic integrity, substance abuse issues, and overall honesty.
Why is Character and Fitness Important?
Attorneys hold positions of trust and influence, often dealing with sensitive information and making decisions that can significantly impact their clients’ lives. The legal profession demands high ethical standards and unwavering integrity. The Character and Fitness evaluation helps ensure that only individuals who meet these standards can practice law. The Character and Fitness process protects the public, maintains the profession’s credibility, and upholds justice.
Key Factors Considered in the Character and Fitness Evaluation
Criminal History
Any criminal conduct, from misdemeanors to felonies, will be scrutinized. Even charges that have been dismissed are investigated, and it’s expected that the applicant will disclose them. The FBBE will review the nature and severity of the offense, the applicant’s age at the time of the offense, and any evidence of rehabilitation.
Financial Responsibility
This includes credit history, bankruptcy filings, unpaid taxes, and any other incidents of financial misconduct. A pattern of financial irresponsibility can indicate a lack of reliability and trustworthiness.
Academic and Professional Misconduct
Instances of cheating, plagiarism, or other forms of dishonesty during academic or professional careers are taken very seriously. Applicants are required to disclose any and all accusations of academic code violations or student conduct code violations. Applicants are also required to disclose any and all accusations of college entrance exam violations, such as LSAT, MCAT, GRE, ACT, and SAT. The FBBE wants to ensure that Florida Bar applicants demonstrate integrity in all aspects of their lives.
Substance Abuse
A history of substance abuse or dependency can raise concerns about an applicant’s ability to practice law competently. Evidence of rehabilitation and ongoing treatment can mitigate these concerns.
Traffic Ticket History and DL Suspensions
The application asks “Since age 16, have you been charged with a traffic violation that resulted in a fine of $200 or more, charged with a traffic violation that resulted in time spent in jail, or had your driver’s license or your driving privileges revoked or suspended? If the answer is yes, the applicant is asked to provide a detailed explanation of the circumstances leading to the citation or DL suspension, as well as the outcome.
Candor and Honesty
Full disclosure is crucial. Any attempt to hide or minimize past misconduct can be more damaging than the misconduct itself. The FBBE values honesty and transparency throughout the application process.
The Application Process
Applicants must complete a detailed Character and Fitness application, providing extensive personal and professional history. The application is approximately 40 pages long. Disclosures include but are not limited to, criminal misconduct, personal and business-related litigation, financial delinquencies, and academic misconduct. Applicants are also required to disclose their employment history for the past ten years, including the reason for leaving any job. The employment history disclosure requirement also applies to any unpaid positions, internships/externships, and business ventures that may not have been successful. Supporting documents and references are often required to substantiate the information provided.
After the initial submission, the FBBE conducts an investigation, which may involve an informal/investigative hearing. Employers, educators, and other references are also contacted.
Overcoming Character and Fitness Issues
Applicants with potential red flags are not automatically disqualified. The key is to demonstrate candor, accountability, genuine remorse, and substantial rehabilitation. This might include providing documentation of completed rehabilitation programs, character references from reputable individuals, and a clear record of responsible behavior since the incident. A Florida Character and Fitness Attorney can offer guidance throughout the Florida Bar Character and Fitness process.
Conclusion
The Character and Fitness evaluation is an integral part of the Florida Bar admissions process, ensuring that only those who meet the highest standards of integrity and professionalism enter the legal field. Aspiring attorneys must approach this process with honesty, transparency, and a commitment to ethical conduct in order to become licensed attorneys in Florida.
