Florida - Professional Conduct Admission Requirements


Terms in this set (...)

General Overview
Fl. SC has authority to regulate admission to the Florida Bar and to enact requirements for admission.
Requirements for Admission CAKE
Character Requirement
Every applicant seeking admission must show good moral character, an adequate knowledge of the standards and ideas of the profession, and proof that one is fit to take the oath and perform the obligations and responsibilities of an attorney.
Character - Moral Turpitude
crimes including perjury, bribery, murder, and rape would constitute conduct of moral turpitude and reflects bad moral character.
Character - Other Conduct
any lack of honesty, trustworthiness, diligence, or reliability of an applicant may constitute a basis for denial of admission.
Character - Disbarment
If disbarred from the practice of law, or resigned pending disciplinary proceedings and whose resignation from practice has been accepted by SC of FL, is not eligible to apply for readmission for a period of 5 years from the date of disbarment or 3 years from the date of resignation.

foreign country - not eligible until readmitted in the foreign country.
Character - Suspension
A person who has been suspended for disciplinary reasons from the practice of law in a foreign jurisdiction is not eligible to apply until expiration of the suspension period.

occurred in his home state, may not apply for admission to the Fl. Bar until he is reinstated in his home state.
Character - Felony Convictions and Probation
conviction of a felony would render a person ineligible to apply for admission until his civil rights have been restored.

serving a felony probation sentence, regardless of adjudication of guilt, would render a person ineligible to apply until termination of the probation period.
Character - Duty to Cooperate (Disclosure of Contents on Admission)
Applicant must NOT:

1. knowingly make a false statement of material fact

2. fail to disclose a fact necessary to correct a known misapprehension or knowingly fail to respond to a lawful demand for information otherwise protected by (confidentiality rule) or

3. commit an act that adversely reflects on his fitness to practice law.

if made before admission but not discovered until after will subject them to discipline.
Character - Procedural Rights
if an applicant is denied admission as a result of bad moral character, they may:

1. petition for judicial review

2. confront adverse witnesses or

3. request a hearing before the Board
Age Requirement
A person must be 18 years or older to be admitted to practice law in Florida
Legal Knowledge Requirement - Examination of BAR
the applicant must bass the General Bar Examination administered by the FBBE, as well as the MPRE of the NCBE within 25 months of passing the General Bar Examination
Knowledge Requirement - Basic Skills Course
Newly admitted att. must complete a basic skills course to ensure that they begin their careers with a thorough and practical understanding of the law
Knowledge Requirement - Practicing with Professionalism
A one-day Practicing with Professionalism program MUST be completed no sooner than 12 months prior to or no later than 12 months following admission to the BAR.

if on active military duty, undue hardship, or inactive status, may defer compliance.

deferment expires at the time the member is no longer eligible for deferment and must:

1. notify the BAR in writing of the date of expiration and

2. attend the Practicing with Professionalism program within 12 months of the deferment expiration
Knowledge Requirement - Continuing Legal Education
Newly admitted must complete three:

elective, basic, continuing legal education programs during their initial 3-year continuing legal education reporting cycle.

member may defer(same requirements as PPP)
Knowledge Requirement - Non-Compliance
If a member fails to comply with the basic skills course requirements, then the member is deemed delinquent. Rule 6-12.5(a). As a result, a delinquent member must complete the requirements, show compliance, and pay a uniform fee to be reinstated to the Bar. Rule 6-12.6
Education Requirement
An applicant must have completed the requirements for graduation or received a Bachelor of Laws or Doctor of Jurisprudence degree from an accredited law school or from a law school within 12 months of its accreditation.

If not, may satisfy this requirement if:

1. applicant was engaged in practice of law for at least 10 years in the District of Columbia, other states, or federal courts

2. in good faith standing in the jurisdiction in which she practice and

3. of a representative compilation of work product showing the scope and character of previous experience and practice at the bar, including pleadings, brings, legal memos, contracts, other work papers illustrative of expertise, academic, and legal training limited to the applicant's most recent 10 years of practice.