FLORIDA BAR FORMAL HEARING ATTORNEY
Following an investigative hearing before the Florida Bar, the Florida Board of Bar Examiners may elect to charge an Applicant with Specifications. If the specifications are ultimately proven before a panel of Florida Board of Bar Examiner members consisting of no less than five Board members, precludes a favorable finding by the Board. Specifications are formal charges filed against the Applicant by the Board. In such a case, the Board believes cause exists to deny admissions to the Applicant. Once specifications are served on the Applicant, the Applicant has 20 days from receipt to answer the Specifications. Failure to answer the Specifications has grave consequences. Namely, the Specifications will have been deemed admitted and a recommendation for disapproval for admittance before the Florida Bar will be provided to the Supreme Court of Florida.
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APPLICANT’S RIGHTS DURING
A FORMAL HEARING BEFORE THE FLORIDA BOARD OF BAR EXAMINERS
Hearing Date
The selection of a hearing date is agreed upon by the Florida Bar Applicant and the Florida Board of Bar Examiners. However, failure to come to an agreement will cause the FBBE to select a date and location for the hearing. The date of hearing and location of the hearing can affect everything from the availability of witnesses to the presence of particular FBBE members. Additionally, the costs associated with travel can be gravely altered based on the hearings location, which should not be overlooked when scheduling a Florida Bar Formal Hearing before the five Florida Board of Bar Examiner panel.
Formal Charge
The Florida Board of Bar Examiners can provide your conditional allowance to join the Florida Bar conditioned upon a consent agreement. The consent agreement is a compromise to allow for the allowance of admission based upon specific terms. The consent agreement is commonly reserved for drug, alcohol, or psychological character & fitness problems. While this option is not ideal, it allows Applicants the ability to begin the practice of law under a conditional admittance to the Florida Bar.
Board Decision
Following a Formal Hearing, the Board will recommend (1) that the Florida Bar Applicant has established his/her qualifications to become of a member of the Florida Bar; (2) conditional admittance to the Florida Bar; (3) withhold admission for a period not to exceed 2 years, and will admit the applicant at the end of the two year period following compliance with the special conditions outlined in the Finds of Fact and Conclusions of Law; or (4) that the Florida Bar Applicant has not established the requisite character & fitness to practice law in the State of Florida. In certain cases, the Board will recommend disqualification for a period of between two and five years.
Court Review
While it is rare for the Supreme Court of Florida to go against the recommendations of the Board, all hope is not lost if the Board ultimately recommends against an Applicant’s admission to the Florida Bar. Applicants may Petition the Supreme Court of Florida within 60 days from the receipt of the Finds of Fact and Conclusions of Law or within 60 days of receipt of notice of the Board’s action on a petition for Reconsideration.
Just A Few Examples
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Character & Fitness
Character & Fitness
When the Florida Bar refuses registration to become a member of the Florida Bar, unless the Supreme Court of Florida reverses the decision, an applicant must wait two years to re-apply and start the Florida Bar admission process over.
Investigative Hearing
Investigative Hearing
The Supreme Court of Florida requires Florida Bar Applicants possess good moral character. When issues surface regarding the moral character of an applicant, the Board invites that applicant to attend an investigative hearing.
Formal Hearing
Formal Hearing
Following an investigative hearing, the FBBE may file charges, called specifications, against the Florida Bar Applicant. Subsequently, an attorney with the Office of General Counsel will prosecute the case against you before a five member panel.
Bar Application Review
Bar Application Review
Hiring our Firm to review your bar application is one of the best ways to avoid simple but financially costly mistakes that causes you to meet the Florida Board of Bar Examiners under tense conditions during an investigative hearing.
Those Are Just A Few Ways That Our Firm Can Assist You!
We know how hard you have worked at becoming an attorney. The Character & Fitness portion of the Florida Bar application process can be the most daunting for some. If the Florida Bar is questioning your character, preparing for an Investigative Hearing and a Formal Hearing should not be underestimated. I have helped many practicing lawyers successfully go through the process before the Florida Board of Bar Examiners. Almost all Formal Hearings I have seen are from folks that did not hire an attorney for their investigative hearing.
Do not hesitate to call me to learn more if we are a good fit to help you before the Florida Board of Bar Examiners. Call 1-800-TUCKERWINS (1-800-882-5379).
Matthew Sean Tucker, Esq.
Attorney and Owner of Tucker Law
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