FLORIDA BAR INVESTIGATIVE HEARING ATTORNEY

You have received an official invitation and notice from the Florida Board of Bar Examiners to appear for an investigative hearing. A three member panel formed of Florida Board of Bar Examiners will ask tough questions about events that you have long since moved forward from. For this reason, it is highly recommended that you are represented by legal counsel. The investigative hearings can be tense. In most cases, the FBBE will frame their questions in an unexpected manner and in which no honest answer appears reasonable or helpful to your admission. A knowledgeable investigative hearing attorney will help prepare you for the types of questions that you can anticipate from the FBBE and ease your anxiety about the process. Let an attorney with the Firm help prepare you to tackle the investigative hearing.

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TYPICAL CONDUCT THAT TRIGGERS

AN INVESTIGATIVE HEARING BEFORE THE FLORIDA BOARD OF BAR EXAMINERS

  • Unlawful conduct

  • Academic misconduct

  • Making false or misleading statements
  • Misconduct in employment

  • Acts of Dishonesty
  • Acts of Fraud

  • Acts of Deceit

  • Acts of misrepresentation

  • Abuse of legal process

  • Financial irresponsibility

  • Neglect of professional obligations

  • Violation of an order of a court
  • Evidence of mental instability

  • Evidence of emotional instability
  • Evidence of drug dependency

  • Evidence of alcohol dependency
  • Other jurisdictional denials
  • Bar disciplinary action
  • Professional disciplinary action

  • Other adverse conduct

Recommend Applicant’s Admission

Best case scenario following an investigative hearing is the Florida Board of Bar Examiner’s recommendation to the Supreme Court that your application for admission to the Florida Bar be granted. The Florida Board of Bar Examiners recommendation is likely to be followed and your admission to the practiced of law in the State of Florida. Because the practice of law is a privilege and not guaranteed, admission to the bar is not a foregone conclusion. Even a perceived slight lack of candor in the bar admissions process can affect whether the Board ultimately recommends your admission.

Consent Agreement

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.

Further Investigation

In some cases, the Florida Board of Bar Examiners determines that additional investigation is required into the Applicant’s Character & Fitness to practice law in the State of Florida. For example, the investigative hearing may reveal information that was not otherwise known or understood to the Board. Having knowledge in hand following the investigative hearing, the Board may have new direction and purpose to perform a further inquiry or investigation.

File Specifications

Specifications is the most severe result following an investigative hearing. Once specifications are charged against the Florida Bar Applicant, the Applicant is entitled to a Formal Hearing before at least five Florida Board of Bar Examiner panel in which each member of the panel was not previously a part of the Applicants investigative hearing. The Formal Hearing resembles a typical trial, providing for witnesses, exhibits, cross-examination, and the like. Whether to proceed with the Formal Hearing certainly requires advice and counsel of an Attorney representing candidates before the Florida Bar.

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.

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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.

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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.

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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.

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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

Trademark Attorney Matthew Tucker

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