In re M.S.

261 So. 3d 501 (Fla. 2019) · Supreme Court of Florida · January 4, 2019

Summary

The document concerns the conditional admission of an applicant to The Florida Bar subject to a probationary period and extensive sobriety, treatment, monitoring, and reporting requirements. It also sets out consequences for violating the probation conditions, including suspension, disciplinary proceedings, and possible disbarment.

Court
Supreme Court of Florida
Jurisdiction
Florida
Decision date
January 4, 2019
Procedural posture
The Supreme Court of Florida entered an order conditionally admitting the applicant to The Florida Bar subject to a five-year probationary period and specified conditions.
Precedential value
Published attorney-discipline and conditional-admission order; no broader doctrinal precedential value identified from the excerpt.
Disposition
other

Topics

administrative law

Practice areas

attorney disciplinebar admissionadministrative law

Questions Presented

  1. What conditions should govern the applicant's conditional admission and probationary license to practice law?
  2. What monitoring, enforcement, and licensing consequences apply if the applicant violates the probation conditions?

Holdings

  1. The applicant's license to practice law shall be placed on probation for five years subject to the specified sobriety, substance-use, rehabilitation, meeting, testing, reporting, residence, and monitoring conditions.
  2. A failure to observe the probation conditions or a finding of probable cause concerning conduct during probation may terminate probation and subject the applicant to available grievance procedures and disciplinary sanctions, including disbarment; upon notice of a violation, The Florida Bar may petition for suspension under the procedures stated in the order.

Factual background

The applicant's conditional admission to The Florida Bar was tied to concerns addressed through sobriety, substance-use monitoring, and rehabilitation requirements. The order requires participation in Florida Lawyers Assistance, Inc., Alcoholics/Narcotics Anonymous, and attorney support meetings, together with periodic testing and sworn compliance statements. It also establishes conditions governing residence, travel, reporting of arrests or practice-related grievances, and consequences for violations.

Procedural history

The excerpt is the operative portion of the Supreme Court of Florida's conditional-admission order. It imposes probationary and monitoring requirements, authorizes enforcement for violations, and addresses possible extension, surrender, or termination of the applicant's license.

Court Document

Open PDF
Loading document…