Getting through law school and passing the bar exam are only two parts to becoming an attorney in most states, including Florida, where I live and practice. Often overlooked, the proof of character and fitness requirement for admission into the bar can become a significant obstacle for some candidates.

There are several areas of concern that may arise as the Florida Board of Bar Examiners evaluates an applicant’s character and fitness. Many applicants rush through this process and inadvertently set off red flags.

With nearly 35 years of experience representing attorneys in bar grievance matters and representing applicants before the Florida Board of Bar Examiners, I would like to share my knowledge in hopes that bar applicants avoid certain pitfalls in this process.

The background investigation

The board completes a background investigation into each applicant to ensure good moral character, adequate knowledge of the standards and ideals of the profession, and proof that the applicant is fit to take the oath and perform the obligations and responsibilities of an attorney. The examination of character and fitness begins once an applicant completes the application, signs the authorization and release and pays the appropriate fee.

The length of the board’s background investigation depends on several factors. First, the initial bar application needs to be as accurate as possible. Requests from the board for additional information and applicants’ responses prolong the process. Applicants who do not have matters in their past that lead to a hearing before the board will receive character and fitness clearance much sooner than someone who is noticed to appear before the board.

If you are a law student, you should complete your registration application in your first year of law school. If you are a member of another state bar and are interested in pursuing admission to The Florida Bar, you should begin the application process approximately one year before you hope to be admitted.

Red flags and the significance of candor

There are many red flags that might lead the board to take a closer look at an applicant’s character and fitness. The top issue that will result in a hearing in front of the board is lack of candor. Other red flags include a criminal record, financial issues and untreated substance abuse or mental illness.

The importance of candor cannot be understated. The most common issue encountered is a failure to disclose a matter that is requested in the application. A lack of candor may occur either because the applicant forgot something that happened, or they were afraid to disclose something that might put their application in a negative light. Regardless, lack of honesty is a huge red flag for the board.

Applicants must be candid, regardless of how embarrassing or uncomfortable it may seem. It is also important to note that applicants will be held accountable for their lack of candor not only on the bar application itself, but also in other aspects of their lives. This includes shielding the truth in school and government records, financial situations and personal and professional communications.

To ensure your application is an accurate reflection, don’t rely on memory alone. Be sure to spend time researching yourself by completing your own background check and talking with friends and family about any issues they might remember.

When something questionable arises, even if minor, it is better to disclose than omit it. Some examples might include being caught drinking alcohol in college, let go from a job or failing to pay a fine or parking ticket. Regardless of the issue, make a complete and accurate disclosure.

The board would rather see candor than discover a lack of it on their own.

Criminal records, financial issues, substance abuse and mental illness

If an applicant has a criminal record, it is important to review and follow instructions on the bar application. Candidates for admission to The Florida Bar are required to reveal criminal records, even those that are sealed and expunged. Assistance from a seasoned attorney experienced in these matters is highly recommended.

Poor financial decisions will not necessarily keep an applicant from being admitted to the bar, but acting deceptively or trying to hide from creditors might. As previously stated, the board is most interested in candor when it comes to an applicant’s financial dealings. Failing to properly defer student loans, engaging in deceptive activity or not paying taxes or other financial obligations will be considered less favorably should the applicant fail to disclose or try to hide these actions.

Being treated for substance abuse or a mental illness does not preclude an applicant from bar admission. However, remaining untreated or in denial may doom an application. Being an attorney requires the ability to make sound decisions and display good judgment, and being under the influence of a substance may cloud the very judgment required. The board encourages those who may be dependent on alcohol or other substances to seek assistance from trained professionals.

Board hearings

If something raises a red flag to the board, it will request a hearing with the applicant to discuss the issue or issues and make a decision on the applicant’s character. Many applicants underestimate the nature of the hearing. They will often think, “I’m just being called to answer a few questions.” A hearing is much more in-depth than just answering a few questions, and those called to a hearing should have experienced counsel before appearing before the board.

The key here is representation by an experienced attorney — one who is familiar with the process and knows the board members and the staff. Hearings before the board are unlike any other court or administrative hearing. As an applicant, you want to make sure you are fully prepared for your investigative hearing to hopefully avoid the next step in the process — a formal hearing.

The overwhelming majority of applicants for admission to The Florida Bar do not require a formal hearing before the board. If your application does get to this stage, the board has filed or will be filing specifications. Unlike the general nature of a notice to appear for an investigative hearing, specifications are just that — specific charges that, if proven, may result in the denial of your application.

Final notes

When an applicant completes their Florida Bar application, they need to ensure that all required information is fully disclosed and is accurate. Check and recheck the application before submitting it.

It is better to err on the side of disclosing a matter that may not be exactly what is asked for on the application than to fail to disclose a trivial incident which is clearly requested.

If an applicant is unsure about how to complete their bar application or receives a notice to appear before the Florida Board of Bar Examiners for a hearing, they should retain an attorney with extensive experience in representing applicants before the board.

This article was originally published in preLaw Magazine on October 22, 2024 and is reprinted here with permission.