florida

bar admission administrative agency:

executive director
florida board of bar examiners
1891 eider court
tallahassee, fl 32399-1750
tel: 850/487-1292
fax: 850/414-6822
website: http://www.flabar.org/
website: http://www.barexam.org/florida

bar admission options:

without bar examination
1. authorized house counsel exception: see regulation of in-house counsel, below.
2. military legal assistance counsel exception: this exception authorizes active duty military attorneys licensed to practice law in jurisdictions other than florida to be certified to practice before florida courts (in a limited capacity) while formally assigned as a legal assistance attorney at a military base in the state of florida, provided the attorney has completed the florida bar young lawyers division practicing with professionalism program (basic skills course requirement); and appears in connection with official duties as a legal assistance attorney.

with bar examination
examination required for all other applicants.

examination components:
1. academic: general bar examination (combination of essays and multiple choice) and the mbe taken in florida. effective from july 1, 2003 until june 30, 2004, each applicant must attain a scaled score of 133 or better on part a and on part b under the individual method and an average of 133 or better under the overall method, or such scaled score as may be fixed by the court. effective july 1, 2004, each applicant must attain a scaled score of 136 or better method and an average of 136 or better under the overall method, or such scaled score as may be fixed by the court.
2. ethics: on the mpre, each applicant must attain a scaled score of 70 or better if the mpre is taken before january 1, 1999, a scaled score of 75 or better if the mpre is taken during calendar year 1999, or a scaled score of 80 or better if the mpre is taken after december 31, 1999, or such scaled score as may be fixed by the supreme court.

examination dates:
february (deadline: november 15 of the preceding year [postmark date])
july (deadline: may 1 [postmark date])

applications with late fees will be accepted until the date of the examination.

application/admission fees: $50.00 request for application forms. $875.00 (if not admitted to any other bar).
attorney applicants admitted to a bar pay a graduated fee: $1300.00 (1-5 years after admission); $1600.00 (5-10 years after admission); $2000.00 (10-15 years after admission); $2500.00 (15 years or more after admission).


other state bar requirements:

1. minimum age: 18

2. graduate of a law school approved by the aba either at the time of graduation or within 12 months of such accreditation.

3. for those applicants who do not meet the above educational requirements, the following requirement may be substituted: active engagement in the practice of law and membership in the bar of any u.s. jurisdiction for at least ten years. a representative compilation of the work product (confined to the most recent ten years of practice) in the field of law showing the scope and character of the applicant's previous experience and practice at the bar must be presented for evaluation by the board of bar examiners.

4. approved character check by the florida board of bar examiners.

5. required annual fees: $265.00; $175.00 (inactive)

regulation of in-house counsel

chapter 17 of the rules regulating the florida bar authorizes attorneys licensed to practice in jurisdictions other than florida to undertake certain activities in florida while exclusively employed by a business organization without the requirement of taking the bar examination.

an "authorized house counsel" is defined as any person who:
(1) is a member in good standing of the entity governing the practice of law of each state (other than florida), territory, or the district of columbia in which the member is licensed;
(2) is not subject to a disciplinary proceeding or outstanding order of reprimand, censure or disbarment, permanent or temporary, for professional misconduct by the bar or courts of any jurisdiction at the time of application for registration under this chapter;
(3) has not been permanently denied admission to practice before the bar of any jurisdiction based upon such person's character or fitness at the time of application for registration under this chapter;
(4) agrees to abide by the rules regulating the florida bar (including, without limitation, rules 6-10.1 et seq.) and submit to the jurisdiction of the supreme court of florida for disciplinary purposes;
(5) is, at the date of application for registration under this rule, exclusively employed by a business organization located in the state of florida or relocating to the state of florida in furtherance of such employment within 6 months of such application under this chapter and receives or shall receive compensation for activities performed for that business organization;
(6) has complied with rule 17-1.4 (dealing with registration with the florida bar).

business organization. a "business organization" for the purpose of this rule is a corporation, partnership, association or other legal entity (taken together with its respective parents, subsidiaries, and affiliates) authorized to in this state that is not itself engaged in the practice of law or the rendering of legal services outside such organization, whether for a fee or otherwise, and does not charge or collect a fee for the representation or advice other than to entities comprising such organization by the activities of the authorized house counsel. for purposes of this rule, a "business organization" does not include a governmental entity, governmental subdivision, political subdivision, school board, or any other entity that has the authority to levy a tax.

authorized activities. an authorized house counsel, as an employee of a business organization, may provide legal services in the state of florida to the business organization for which a registration pursuant to rule 17-1.4 is effective, provided, however, that such activities shall be limited to:
(1) the giving of legal advice to the directors, officers, employees, and agents of the business organization with respect to its business and affairs;
(2) negotiating and documenting all matters for the business organization; and
(3) representation of the business organization in its dealings with any administrative agency or commission having jurisdiction; provided however, authorized house counsel shall not be permitted to make appearances as counsel in any court, administrative tribunal, agency, or commission situated in the state of florida unless the rules governing such court or body shall otherwise authorize, or the attorney is specially admitted by such court or body in a case.

limitation on representation. in no event shall the activities permitted hereunder include the individual or personal representation of any shareholder, owner, partner, officer, employee, servant, or agent in any matter or transaction or the giving of advice therefor unless otherwise permitted or authorized by law, code, or rule.

judgment or opinion to be relied upon by any person or party other than in the course of the authorized house counsel's representation of the business organization in which the authorized house counsel is employed.

an individual seeking to be certified as authorized house counsel must file certain documents with the florida bar, which then reviews them and, if approved, forwards them to the clerk of the florida supreme court for certification. permission for authorized house counsel to perform services under this rule shall become effective upon approval of the request for certification for a person employed in florida or, if the registrant is not yet in florida, the effective date of employment but not later than 6 months from the filing of the required documents with the florida bar.

certification is good for one year, and must be reauthorized annually.
 

bar association status:

[x] mandatory (see required annual fees above.)

[ ] voluntary


specialty certification:

a member in good standing of the florida bar who is currently engaged in the practice of law and who meets the practice area's standards may apply for certification, provided he or she has been substantially engaged in the practice of law for at least five years and can demonstrate substantial involvement in the particular area for which certification is sought during 3 of the last 5 years preceding the application for certification.

a member having received a certificate in an area may list the area on the member's letterhead, business cards, and office door, in the yellow pages of the telephone directory, in approved law lists, and by such other means permitted by the rules of professional conduct. the listing may be made by stating "board certified (area of certification) lawyer" or "specialist in (area of certification)."

areas of specialization include:

1. admiralty and maritime law
2. antitrust & trade regulation
3. appellate law
4. aviation law
5. business litigation
6. city, county and local government law
7. civil trial law
8. criminal law
9. elder law
10. health law
11. international
12. immigration & nationality law
13. labor & employment law
14. marital and family law
15. real estate law
16. tax law
17. wills, trusts, and estates law
18. workers' compensation law