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CHARACTER AND FITNESS DETERMINATION

As part of the application process, many jurisdictions will complete a character and fitness determination. For a summary of these procedures, consult http://www.abanet.org/legaled/publications/compguide/chart2.pdf.

The Florida Board of Bar Examiners conducts an extensive character and fitness determination. For additional information on this process, consult Rule 3 of the Rules of the Supreme Court Relating to Admission to the Bar, which is available at http://www.floridabarexam.org/; select "Rules." Please note that this investigation typically takes 6 to 8 months, which means that applicants should file as soon as possible so as not to delay admission.

The Florida Board of Bar Examiners web site provides the following information:
To obtain information regarding specific character problems, you can review published decisions of the Supreme Court of Florida. These cases are titled "Florida Board of Bar Examiners re" followed by a bar applicant's name or initials. For example, Florida Board of Bar Examiners re R.L.W., 793 So.2d 918 (Fla. 2001); Florida Board of Bar Examiners re J.H.K., 581 So.2d 37 (Fla. 1991); Florida Board of Bar Examiners re Kwasnik, 508 So.2d 338 (Fla. 1987). These cases are easily accessed by any computerized legal research service.
In addition, Florida Supreme Court Rule Rule 3-11 indicates that a record manifesting a deficiency in honesty, trustworthiness, diligence, or reliability may constitute a basis for denial of admission. Any of the following may be considered by the Board of Bar Examiners to be a basis for further inquiry before recommending admission:
  • 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 to 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 mental or emotional instability
  • Evidence of drug or alcohol dependency
  • Denial of admission to the bar in another jurisdiction on character and fitness grounds
  • Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
  • Any other conduct which reflects adversely upon the character and fitness of the applicant
As part of the character and fitness determination, the Board of Bar Examiners will compare information you provide in your application with material you submitted to Stetson University College of Law as part of the application process. Please remember that you are under a continuing obligation to update your admissions file, especially if you are arrested, charged with, or convicted of a crime. For Stetson's policies on updating your admissions information and disclosing other information to the school, consult The Student Code of Professionalism and the "Amendments to Admissions Application" policy at http://www.law.stetson.edu/policies/AmendmentstoAdmissionsApplication.pdf.

If you have matters that you believe may prevent you from being admitted, you should consult an attorney.

If you are experiencing a problem with substance abuse, you should consult Florida Lawyers Assistance, Inc. at (800) 282-8981.
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