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Florida Supreme Court restricts conditional admission to bar applicants who will live and work in Florida during conditional period.  [Added 12/15/09]

    In March 2009 the Florida Supreme Court asked the Florida Board of Bar Examiners to prepare a proposed rule that "would would limit the confidential conditional admission feature to persons who are permanent Florida residents, who will be engaged in the practice of law primarily in Florida, and who can and will be monitored in Florida."  (In a footnote, the court explained that "[a] conditional admission is a special admission status sometimes offered to applicants who have a history of drug or alcohol abuse or psychological problems that requires them to comply with specified terms and conditions upon admission.  Fla. Bar Admiss. R. 3-22.5, 3-23.6, 5-15.  An order granting a conditional admission is usually confidential.")

    The Court approved the proposal submitted by the Board of Bar Examiners.  As amended, Rule 5-15 of the Rules of the Supreme Court Relating to Admissions to the Bar provides:  "Bar Jurisdiction after Admission.  If an applicant is granted admission by the court under a Consent Agreement, then the terms and conditions of his or her admission will be administered by The Florida Bar.  The board must provide The Florida Bar access to all information gathered by the board on a conditionally-admitted applicant, except information received by the board under a specific agreement of confidentiality or otherwise restricted by law.  Conditional admission is limited to persons who will live in Florida, who will be engaged in the practice of law primarily in Florida, and who will be monitored in Florida during the entire period of conditional admission.  If the applicant fails to abide by the terms and conditions of admission, including the requirement of living in Florida, The Florida Bar is authorized to institute proceedings consistent with the Rules Regulating The Florida Bar as to revocation of the license issued to the applicant under the Consent Agreement.  The board must be notified of any disciplinary proceedings and have access to all information relating to the administration of a conditional admission, except information received by The Florida Bar under a specific agreement of confidentiality or otherwise restricted by law."  In re: Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, __ So.3d ___ (Fla., No. SC09-825, 12/10/2009).

 

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