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> Florida Bar Post-Discipline Proceeding
A Florida lawyer whose law license was suspended for more than 90 days has suffered a “rehabilitative” suspension, and must apply for reinstatement to the Bar. A lawyer who was disbarred for a term of years must apply for readmission through the Florida Board of Bar Examiners (FBBE) just as he or she accomplished initially, including retaking and passing the bar exam. The rule governing reinstatement and readmission is Rule 3-7.10, Rules Regulating the Florida Bar.
Attorneys seeking reinstatement or readmission are subjected to rigorous investigation of their character and fitness to resume the practice of law. Any suspended or disbarred attorney who desires to practice again should develop a plan of rehabilitation, and should follow and document that plan, during the period of inactivity, because he will be required to prove such rehabilitation. Volunteer charity work and public service are excellent pursuits in this regard.
Any lawyer seeking reinstatement would be well-advised to hire experienced Bar defense counsel – as with any procedure involving the Florida Supreme Court and the Florida Bar. As with attorney disciplinary proceedings, a judge will be appointed to act as referee in the case, to issue findings as to rehabilitation and recommendations regarding reinstatement. (Often, this referee will be the same judge that acted as referee in the underlying Bar case.) Legal notices will be published asking witnesses to come forward with information pertinent to your reinstatement. The Bar will conduct a full investigation into the petitioner’s background during the period of suspension. If there are no major issues, the Bar may stipulate to reinstatement. As before, the referee will make recommendations to the Florida Supreme Court as to whether it shall reinstate the attorney.
END NOTE: For representation or advice regarding the attorney reinstatement or readmission process in Florida, please contact us today for more information.