Navigating the florida bar application 2012v2

PINKERT & MARSH, P.A.305-670-9000 Miami, Florida1

NAVIGATING THE FLORIDA BAR APPLICATION

AVOID COMMON PITFALLS!

PINKERT & MARSH, P.A.305-670-9000 Miami, Florida.2

TOP 5 ISSUES

CANDOR FELONIES (CONVICTION) MULTIPLE ARRESTS (DUI ETC.) DRUG AND ALCOHOL ABUSE/ADDICTION FINANCIAL IRRESPONSIBILITY MENTAL HEALTH HISTORY


DISCLOSE, DISCLOSE, DISCLOSE!!

WHAT DOES IT MEAN TO BE CANDID? – BE COMPLETELY HONEST/TRUTHFUL– DISCLOSE EVERYTHING IN COMPLETE

DETAIL– DO NOT LEAVE OUT FACTS BECAUSE YOU

ARE EMBARRASSED OR WANT TO MAKE YOURSELF LOOK GOOD!



Ways to Avoid Candor Pitfalls– Do self background check

GET RECORDS BEFORE COMPLETING BAR APPLICATION!!

– Undergraduate records, court records, police records, employment history, credit report, medical records etc.

– DO NOT RUSH!!! Take your time to complete the bar application

accurately the first time Allow ample time for multiple reviews



Red Flags for Candor– Law School Application

Amend early Amend with complete disclosure

– Bar Application Be candid the first time Avoid multiple amendments

– Resumes– Prior Statements


FELONIES (CONVICTIONS)

Not Automatically Disqualifying It Depends…on:

– Crime/Offense– Remoteness of Conduct– Rehabilitation (community service)

Must Restore Civil Rights (check jurisdiction)

Must Disclose even if no conviction!!


MULTIPLE ARRESTS/LAW ENFORCEMENT CONTACTS

Zero is Best. Less is Better. Not Automatically Disqualifying It Depends…on:

– Number of arrests/law enforcement contacts– Nature of offense/law enforcement contact– Disposition/Resolution– Remoteness – Rehabilitation (community service)


DRUG AND ALCOHOL ABUSE/ADDICTION

IF YOU THINK YOU HAVE A PROBLEM ADDRESS IT NOW!

RESOURCES:– Florida Lawyer’s Assistance (FLA)

www.fla-lap.org 800 282-8981 FLA Contract is a SERIOUS commitment – DO NOT ENTER

INTO IT LIGHTLY

– Rehabilitation – Evaluation


DRUG AND ALCOHOL ABUSE/ADDICTION

Mitigating Factors– Evaluation and Diagnosis– Treatment– FLA Contract– Candid Disclosure– Limited Law Enforcement Consequences– TIME!!

Conditional Admission


FINANCIAL IRRESPONSIBILITY

Lack of Wealth is NOT Disqualifying, but… Poor Financial Management may delay your

admission to the Florida Bar Red Flags for Financial Irresponsibility:

– Delinquent Debts– Bankruptcy– NSF (check or debit)– Failure to File Tax Returns

Quick Fix = BUDGET AND TIME!


MENTAL HEALTH

Conditional Admission– Usually for specified length of time (2-5 years)– Strict Compliance with terms – Must Reside in FL– Must submit quarterly reports by mental health

professional – FLA Contract


TIPS!

Reading is Fundamental on Bar Application Don’t try to be a lawyer when answering Bar

Application Questions If you are unsure of how to answer a

question, select YES and explain in detail Review Application, COMPLETELY, at least

TWO times before executing Submit Application Early!!


TRICKY QUESTIONS


TRICKY QUESTIONS


MENTAL HEALTH

Not automatically disqualifying Test = Does it impair/impact ability to

practice law? Focus of Inquiry:

– Evaluation and Diagnosis– Medication– Mental Health History– Time


HEART OF CANDOR


PROCESS OF INVESTIGATION

Background Investigation – up to 9 months Request for Additional Information and/or

Documents Investigative Hearing

– Your chance to explain– Their chance to look you in the eye– May cause delay


PROCESS OF INVESTIGATION

Formal Hearing – Your burden to prove character and fitness by

clear and convincing evidence– Your character is on Trial– Delay of 9 months or more before actual hearing

date– Further delay depending on outcome of hearing


WORDS TO LIVE BY

MORE TIME NOW

MAY MEAN

LESS DELAY LATER!

CONTACT INFORMATION

PINKERT & MARSH, P.A.

1500 SAN REMO AVENUE

SUITE 275

CORAL GABLES, FL 33146

305 670-9000

[email protected]


Education

Navigating the florida bar application 2012v2