Summary
The Florida Supreme Court imposed conditions on the admission of an applicant to The Florida Bar, including probation, sobriety monitoring, participation in recovery programs, drug and alcohol screening, and reporting requirements. The order also addresses enforcement, potential suspension or termination of the applicant's license, and extension of the probationary period.
Topics
Practice areas
Questions Presented
- Whether the applicant's license to practice law should be placed on probation under the consent agreement.
- What conditions and enforcement mechanisms should govern the applicant's five-year probationary period.
Holdings
- The applicant's license to practice law was placed on probation for five years subject to the conditions set forth in the court's order and consent agreement.
- A violation of the probation conditions or a finding of probable cause concerning conduct during probation may terminate probation and subject the applicant to available disciplinary procedures and sanctions, including disbarment; The Florida Bar may petition for immediate suspension under the procedures specified in the order.
Key quotations
“During the period of probation, the applicant shall:” (138)
“A failure to observe the conditions of the probation or a finding of probable cause as to conduct of the applicant committed during the period of probation may terminate the probation and subject the applicant to all available grievance procedures and disciplinary sanctions including disbarment under the Rules of Discipline.” (139)
Factual background
The applicant sought admission to The Florida Bar under a consent agreement requiring documented sobriety and participation in a rehabilitation program. The agreement required abstinence from alcohol and unauthorized controlled substances, participation in Florida Lawyers Assistance, Inc., attendance at support meetings, random screening, and quarterly sworn compliance statements. The applicant also agreed to remain in Florida during probation, report arrests and grievances, and authorize release of relevant materials to The Florida Bar.
Procedural history
The applicant executed a consent agreement addressing substance-abuse rehabilitation, monitoring, and conditional admission. The Supreme Court of Florida ordered that the applicant's license to practice law be placed on probation for five years and established enforcement and monitoring procedures.