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FLORIDA NEWS ARCHIVE - BAR ADMISSIONS, Rules and Regulations

Florida Supreme Court amends the Oath of Admission to the Bar to stress civility.  [Added 9/14/11]

    The Florida Supreme Court "revise[d] the Oath of Attorney administered to new members of The Florida Bar to recognize '[t]he necessity for civility in the inherently contentious setting of the adversary process.'  In re Snyder, 472 U.S. 634, 647 (1985)."  (Footnote omitted.)  The Court noted that the Code of Professionalism of the American Board of Trial Advocates and the Lawyer's Oath taken by admittees to the South Carolina Bar address this issue.

    Effective immediately, the revised Oath of Admission to the Florida Bar provides:

    I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God."  In re: Oath of Admission to the Florida Bar, __ So.3d ___ (Fla., No. SC11-1702, 9/12/2011).

Florida Supreme Court amends the Rules Relating to Admissions to the Bar.  [12/17/10]

    The Florida Supreme Court ruled on a number of amendments to the Rules of the Supreme Court Relating to Admissions to the Bar that were proposed by the Florida Board of Bar Examiners.  The Court essentially adopted the rules as proposed, with two notable exceptions:  (1) a proposal relating to applications from disbarred lawyers was adopted as modified sua sponte by the Court; and (2) a proposal relating to applications of persons convicted of a felony was rejected.  Rule changes of interest are outlined below.

    Applications from disbarred lawyers.  As proposed by the Board, Rule 2-13.1 would have been amended to require disbarred lawyers and lawyers who resigned with disciplinary proceedings pending to be readmitted in their home states before they would be eligible to seek readmission to the Florida Bar.  Bar member Jack Weiss commented that this proposed rule change would result in permanent disbarment of a Florida lawyer who was disbarred (but not permanently) in Florida and then reciprocally disbarred in another state that makes disbarment always permanent.  Agreeing that this would effectively overrule its decision in Florida Board of Bar Examiners v. Simring, 802 So.2d 1111 (Fla. 2000), the Court adopted a revised version of the proposed rule.  As adopted, the rule focuses on the jurisdiction in which the conduct resulting in disbarment occurred.  If the misconduct occurred in Florida, the lawyer cannot apply for readmission to the Florida Bar "for a period of 5 years from the date of disbarment, or 3 years from the date of resignation, such other time as is set forth by any Florida rule of discipline, or longer period for readmission by the Supreme Court of Florida."  If the misconduct occurred in another state, the lawyer cannot apply for admission or readmission to the Florida Bar "until the person is readmitted in the foreign jurisdiction in which the conduct that resulted in discipline occurred.  Readmission must occur in the foreign state in which the conduct occurred even if Florida imposed discipline prior to the imposition of discipline in the jurisdiction in which the conduct occurred and even if the person would otherwise be eligible for readmission under the terms of any Florida discipline."

    Applications from lawyers suspended in other states.  The Court amended Rule 2-13.2 to provide that, if a lawyer is suspended for disciplinary reasons as a result of misconduct in another state, that person "is not eligible to apply for admission to The Florida Bar until that person is reinstated to the practice of law in the person's home state."

    Applications for admission of convicted felons.  The Board had proposed a new rule (to be numbered Rule 2-13.35) that would set forth specific requirements for admissions by persons who had been convicted of felonies.  The Court stated that it declined to adopt the proposed new rule "at this time."  (A copy of the rule as proposed can be viewed by clicking here and scrolling to Appendix A, page 6.)

    Readmission prior to satisfaction of court-ordered restitution and disciplinary costs.  The Court approved an amendment to Rule 2-13.25 after making modifications sua sponte.  As adopted, the rule provides that ordinarily restitution obligations and disciplinary costs must be satisfied in full before a disbarred, suspended, or resigned lawyer is eligible to apply for admission or readmission to the Florida Bar -- but also established that an applicant may avoid this requirement "upon a showing of exceptional circumstances."  Two justices dissented to the establishment of this exception.

    Board recommendation of permanent denial of admission.  The Court amended Rule 3-23.6(d) to authorize the Board of Bar Examiners to recommend permanent denial of admission for "extremely grievous misconduct." 

    The amendments were effective immediately upon release of the Court's opinion.  In re: Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, 52 So.3d 652 (Fla. 2010).

Florida Supreme Court adds "professionalism" and others to list of subjects that may be tested on Florida bar examination.  [Added 12/10/10]

    At the request of the Florida Board of Bar Examiners, the Florida Supreme Court added to the list of subjects that may be tested on the Florida portion (Part A) of the Florida bar examination.  The Court amended the Rules of the Supreme Court Relating to Admissions to the Bar to add:  Constitutional criminal procedure and juvenile delinquency to the "criminal law" area; Articles 3 and 9 of the Uniform Commercial Code; dependency to the "family law" area; and professionalism.  The Rules were also amended rename one of the areas "'business entities,' to eliminate the specific reference to corporations and partnerships and to broaden the topics that can be tested within this subject."

    The amendments will take effect on December 9, 2012.  In re: Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, 51 So.3d 1144 (Fla. 2010).

Fees relating to applications for bar admissions are raised by order of Florida Supreme Court.  [Added 7/2/10]

    Responding to a request from the Florida Board of Bar Examiners, the Florida Supreme Court ordered increases in a number of fees relating to applications for admission to the Florida Bar.  The fees had not been raised since 1996.

    Among other things, the lowest fee for early-applying law student applicants would rise from $75 to $100, and the cost for an investigative hearing would rise from $80 to $250.

    Most of the amendments were effective immediately, with the remainder effective October 1, 2010.  In re: Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, __ So.3d ___, 35 Fla.L.Weekly S396 (Fla., No. SC09-2379, 7/1/2010), 2010 WL 2606227.

Florida Supreme Court restricts conditional admission to bar applicants who will live and work in Florida during conditional period.  [Added 12/15/09]  --  In re: Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, 23 So.3d 1179 (Fla. 2009).

Florida Supreme Court amends Rules of the Supreme Court Relating to Admissions to the Bar.  [Added 10/21/07]  --  Florida Board of Bar Examiners re: Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, 967 So.2d 877 (Fla. 2007).

Fourth DCA quashes order revoking lawyer's pro hac vice admission without notice and opportunity to be heard.  Clare v. Coleman (Parent) Holdings, Inc., 928 So.2d 1246 (Fla. 4th DCA 2006).

Florida Supreme Court declines to ease bar application rules for persons who graduate from Florida law schools after those schools receive initial ABA accreditation.  In re:  Proposed Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar, 873 So.2d 295 (Fla. 2004).

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