Florida Board of Bar Examiners
Applications and Hearings
Why hire the McGowan law firm
Applying for membership to The Florida Bar is stressful. For most applicants, everything goes smoothly and it is just a matter of filling out an application. Sometimes, things occur prior to law school which make the application more difficult. An arrest. Academic probation. Bad debt. These can trigger additional levels of scrutiny, which may require the use of an attorney. Below is a summary of the application process, including potential pitfalls, as a courtesy to those who are applying.
The McGowan Law Firm is here if you need an attorney to guide you through the application process or hearings with the Florida Board of Bar Examiners. If you need an attorney for assistance with the FBBE, contact us.
Applying for admission to The Florida bar
Every law student in Florida must apply for admission to the Florida Bar through the Florida Board of Bar Examiners (FBBE). The FBBE is a separate entity from The Florida Bar, with its own process. The FBBE is the entity you interact with as a law student or out of state attorney seeking admission. The Florida Bar is the entity you interact with as a Florida attorney. The FBBE determines if you are admitted into The Florida Bar. Both are regulated by and considered agents of The Florida Supreme Court. (See Rule 1-10).
As a law student, forget about The Florida Bar for now, unless you want to join one of their Sections as a student member. Your first interaction with them will be on the day you get passing results from the Florida Bar Exam when they will send you a nice welcome note, instructions on how to be sworn in, and a bill for your annual dues ($265). Until then, you only care about the FBBE.
Admission by the FBBE into The Florida Bar involves three main components: an education requirement, a character and fitness investigation, and the Florida Bar Exam. The education requirement in Florida is a Juris Doctor from an accredited university. The Florida Bar Exam is a two day exam consisting of the Multistate Bar Exam (MBE) and a Florida portion. That information is available on the FBBE website. If you are on here, you are interested in the character and fitness investigation.
Character and Fitness Investigation
“All applicants shall produce satisfactory evidence of good moral character, an adequate knowledge of the standards and ideals of the profession, and proof that the applicant is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney.”
– Rules of the Supreme Court Relating to Admission to the Bar, Rule 2-12
The practice of law is a regulated field with a lot of responsibility. The Florida Supreme Court wants to ensure that those who are admitted to the practice of law do not disgrace the legal field and, most importantly, do not harm their clients. Your mistake could cause irrevocable harm to your client, so extra diligence it given to the admission to the bar. The FBBE investigation may seem excessive, but when you consider the responsibility it is very reasonable. That being said, there is a chance they will find something in your background they want to investigate further. How you respond is often more important than what you did. The investigation, or at least the part you see, is in multiple steps.
Law School Application
If you are reading this, you are probably already in law school. It may seem odd to consider your law school application as part of the character and fitness application. What most applicants do not realize is that your law school application is sent to the FBBE as part of your admission to the bar. It is important that you are honest on the law school application. If you left something off or if you are concerned that how you presented something may cause you problems with the FBBE, you can contact your law school and amend the application, even while you are a student.
A good example of this is if you had an arrest that was sealed or expunged. Under Florida Statute 943.059(6)(b) and under the phrasing of the questions by the Law School Admission Council (LSAC) for admission to a law school, a sealed or expunged arrest does not have to be disclosed on the application to law school. However, a sealed or expunged criminal record does have to be disclosed to the FBBE for admission to The Florida Bar, under F.S. 943.059(6)(b)4. You were within your rights to leave it off the application, but it would be wise to amend the application before the FBBE process.
Florida Bar Application
This is your starting point with the FBBE. It is a very long and detailed online application that questions everything from where you to lived to if you’ve ever been charged with a crime. Take your time and be thorough. Research everything and include even minor details. Most importantly, be honest and humble. You will hear the term “candor” a lot in reference to this process. Under Rule 3-10.1(c)(2), the essential eligibility requirements looked for by the FBBE include the ability to “communicate candidly and civilly.” As noted below, disqualifying conduct includes making a false or misleading statement on the Bar Application. Even a minor mistake, like forgetting your second apartment in college or that summer job four years ago, could cause them to ask for more information. You must also update this application with the FBBE if anything in the questionnaire changes, including new employment like an internship or moving apartments.
If you have any “disqualifying conduct,” you must be extra diligent. Disqualifying conduct is defined under Rule 3-11 as “unlawful conduct; academic misconduct; making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the Bar Application, or any amendment, or in any testimony or sworn statement submitted t the board; misconduct in employment; acts involving dishonesty, fraud, deceit, or misrepresentation; abuse of legal process; financial irresponsibility; neglect of professional obligations; violation of an order of a court; evidence of a mental disorder that may impair the ability to practice law; evidence of a substance abuse disorder that may impair the ability to practice law; denial of admission to a bar in another jurisdiction on character and fitness grounds; disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; or any other conduct that reflects adversely on the character or fitness of the applicant.”
What you share and how you share it is very important. You must take responsibility for your actions. If you are worried about how to answer this type of question, you can either reach out to your law school or hire The McGowan Law Firm to offer guidance.
Additionally, if you have anything in your background that will result in further investigation, you need to apply early in your 1L year. Expect this process to not be quick. This is important because you may find a great internship your 2L summer which requires a Certified Legal Intern (CLI) designation and you need this investigation to be complete to be eligible. Some students who wait find themselves passing the Bar Exam, but not having the character and fitness clearance to be admitted; delaying their admission until they complete the investigation.
Hopefully this is the end of the process for you and you will received a letter from the FBBE stating you have been given clearance.
Letter requesting more information
The FBBE investigator found something in your background or application in which they want more information. You get a notice of a new communication from the FBBE, typically after business hours. Getting one of these notices can feel frustrating and terrifying.
How you respond to this is very important. The questions are intentionally vague. They will not reveal what they know, but will ask for further clarification on an answer. Assume they know everything and be completely honest. You do not want your response to become disqualifying conduct under Rule 3-11(c) by being misleading or dishonest. If the question is about something minor, like you forgot you moved dorms your sophomore year, correct the mistake and admit that you just simply forgot. If it is anything that falls under disqualifying conduct, you should seek outside counsel to help draft your response and reduce the chances you’ll be called in for a hearing.
You must also be diligent in responding in a timely manner. Failure to meet a response deadline could invalidate your application, or be used as evidence that you do not meet the essential eligibility requirement of Rule 3-10.1(c)(1) of the ability to comply with deadlines.
The FBBE may accept your answers and provide clearance or they may move to the next step of an informal hearing.
Informal Hearing
Now the FBBE wants to talk to you in person about whatever it is in your background that has them concerned. These are considered informal hearings under Rule 3-22. You may also be called into an informal hearing for something you did in law school or while taking the Bar Exam. I want to be clear, this is serious and you must take it serious. You should at least consult with an attorney. However, do not panic.
Informal hearings are held at various locations around the state each month. Under Rule 3-22.2, you may select your preferred hearing date and location, however spots are assigned on a first come basis. You have 60 days to respond, but if you want to have your hearing in your preferred location, like near your school, select it as soon as possible. You will also have to pay a hearing fee of $250.
The informal hearing is before three person panel. You will not know who is on your panel. What they ask and how they ask it will depend on the panel members. The panel may ask about anything in your application or background. They are not limited to a certain topic. What you think they care about may not be what they care about.
There are four options given to the board following your informal hearing, under Rule 3-22.5. The best outcome of an informal hearing is they accept your answers and you are given your character and fitness clearance, usually within a week. However, they may determine that the investigation needs to continue and give you no final answer. That usually means there is something in the investigation you need to complete, maybe pay off that bad debt, before they will give you clearance. They may offer a Consent Agreement, a type of probation, where your admission to the Bar is based on certain requirements. A Consent Agreement avoids a formal hearing. Or they may file Specifications, or formal charges requiring a formal hearing.
Formal Hearing
If the panel at the informal hearing filed Specifications against you, you will then move to a formal hearing under Rule 3-23.2. A formal hearing is an adversarial administrative hearing. If this was a court case, it would be called a trial. If you are at this point, they do not believe you are qualified for admission to the Florida Bar. You will appear before a panel of at least five members. You have a right to due process. You have a right to an attorney. You have the right to subpoena, produce evidence, call witnesses, and cross-examine.
Under Rule 3-23.6, the Board may either give full character and fitness clearance; conditionally admit the applicant to the Bar; withhold admission for up to two years; deny admission permanently; or deny admission and disqualify reapplication for a period of two to five years.
If you get an adverse ruling from the Board, under Rule 3-30 you may request a rehearing within 60 days or you may petition the Supreme Court of Florida for consideration under Rule 3-40.
Hiring an attorney
If you do decide to hire an attorney, there are a few things to consider.
This area of law is considered administrative law. It is a different skill set from practicing in a court room and operates under completely different rules. Any attorney can do it, but not all attorneys have the experience to do it. That is why we specialize.
Attorneys are not cheap. According to a 2022 study by the Florida Bar, 85% of attorneys bill at over $275 per hour, with 54% of attorneys billing at over $350 per hour. Some attorneys may choose to charge a flat rate for an FBBE hearing, others will track it hourly. If your FBBE hearing is in person, you will also have to pay the attorney to travel to the hearing and for a hotel. I have heard of attorneys charging $10,000 to represent an applicant at a hearing. Others are closer to $3,500. Some attorneys will charge a consultation fee of one hour just to review your issue. Every attorney handles it a little different.
As a law student, or a recent graduate, you are probably seeing those numbers with a bit of shock. However, this is a very important moment in your life. You know that, or you wouldn’t be reading this. The FBBE is the gatekeeper between whether you become an attorney or not. You don’t want to spend three years and over $100,000 on law school, only to not be admitted. If you have to pay it, you have to pay it. Get admitted, then go be an attorney and make that money back.
The McGowan Law Firm‘s approach to this is simple. There is no charge for the initial review. When you contact us, we will most likely trade some emails to discuss what is happening and what in your background is causing an issue. Then, we will give you an honest evaluation of how concerned you should be. If it is determined you don’t need an attorney, we’ll give you some basic advice at no charge. If we think you need an attorney, we will tell you why. If you hire us for an informal hearing, you can expect our fees to be between $1,000 and $3,500, depending on how much work is involved. If it is regarding the initial application, or in response to a letter requesting more information, the fees will probably be between $350 and $1,000.
This is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
If you need to hire an attorney for assistance with your FBBE application, please contact The McGowan Law Firm.