Suppose you are looking at the possibility or requirement of an investigative or formal hearing before the Florida Board of Bar Examiners. In that case, you may be quickly scrambling for information about these processes and what you need to do, know, and expect. But remember that as a Florida Bar applicant, you have rights. Let’s explore “What rights does a Florida Bar applicant have when called for a formal hearing.”
What Is An Investigative (Informal) Hearing?
Once the background investigation has been done, there may be concerns about a Florida Bar applicant’s character and fitness to practice law. The investigative hearing is the first step to review these concerns and discuss them with the applicant. An applicant may then be approved for character and fitness, offered conditional admission, or requested to stand before the Florida Board of Bar Examiners for a formal hearing. Further investigation by the board may also occur.
What Is A Formal Hearing?
The formal hearing determines if you have the moral character and fitness to practice law in Florida. A formal hearing is more like a trial than an informal hearing. There will be a panel of at least five Board members. These members cannot have been involved with the applicant’s investigative hearing. An applicant presents their case to the panel and attempts to prove they have good moral character and can be an ethically responsible attorney. Some aspects of a formal hearing include opening arguments, calling witnesses, providing evidence, calling defense witnesses, and closing arguments.
You should hire a Florida Character and Fitness Attorney to advise and potentially represent you at the formal hearing. The key to any hearing with the Board is to be completely forthright about your history. Hopefully, you started with a completely transparent and honest application to The Bar. This simple step will get you on the right track for your hearing.
What Rights Does A Florida Bar Applicant Have When Called For A Formal Hearing?
A Florida Bar applicant has the following rights when called for a formal hearing:
- The panel cannot include Board members involved with the applicant’s informal hearing (unless the applicant provides consent).
- Outside legal counsel is allowed.
- An applicant can subpoena witnesses.
- Witnesses who testify against the applicant can be cross-examined.
- Witnesses and exhibits that support the applicant can be presented.
- Witness and exhibit lists must be released promptly by both parties.
Conclusion
What rights does a Florida Bar applicant have when called for a formal hearing? An applicant has several rights available to them. These rights include but are not limited to the option for legal representation, the power to subpoena witnesses and have witnesses appear on the applicant’s behalf, the ability to cross-examine witnesses, the ability to see witnesses and exhibit documentation before the hearing, and the ability to present documentary evidence.
If you have concerns or questions about an investigative or formal hearing, contact Elizabeth S. Conan today. As a Florida Bar Admissions Attorney specializing in Character and Fitness and Investigative Hearings, Elizabeth can provide you with the proper counsel to have the best chance of being admitted to The Florida Bar.
