Business Law 101 / MAKING OF A LAWYER Part II

By Albert L Kelley Esq.

After graduating from law school, a graduate must still be licensed by the Florida Bar before they can start practicing law. This is a process that usually starts during the first year of law school.

During their first year, most students register with the Florida Board of Bar Examiners. . Florida has a stringent review for Bar applicants. The application requires the students to list every address they have lived at for the last 10 years (or since their 16th birthday, whichever is shorter); every job they have held, whether full-time or part-time, paid or unpaid, for the last 10 years (or since their 16th birthday, whichever is shorter)-including employers’ names, addresses, dates employed, position, type of business, supervisor and reason for leaving; financial information about every delinquent credit or bounced check, delinquent tax returns or delinquent child support; any arrests or charges-including traffic violations-even if the charges have been sealed or expunged; transcripts from all schools attended after high school; and a set of fingerprints. The applicant must also provide copies of any Complaint, Answer, Counterclaim and disposition of any lawsuit the applicant has been involved in. They must also provide a certified copy of their birth certificate, certificate of naturalization or certificate of citizenship. The review will include checks with the FBI (and Interpol for those living in other countries). The Bar will also review the student’s law school application to search for discrepancies. If there are questions, the Board can call the student in for an investigative hearing. If the Investigative Hearing does not clear the applicant, there will be additional background research and a Formal Hearing. This process can last from about four months at the shortest or go two to three years. Students who wait until their third year to apply may not be allowed to practice law for years after they graduate. If the student fails to disclose information which is later discovered, the Bar can revoke their license. So candor is crucial to the application process.

During the third year of law school, students apply to take the Florida Bar Exam. The Florida Bar is a 12 hour exam, given twice a year and only in Tampa.   The test consists of two sessions on each of two days (In addition there is a separate exam on Professional Responsibility given on a different day). Day one of the Bar Exam consists of three hours of essay questions, followed by three hours of multiple choice questions on Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration. Day two consists of six hours covering three of the following topics: Florida Constitutional Law; Federal Constitutional Law; Trusts; Business Entities; Real Property; Evidence; Torts; Wills & Administration of Estates; Criminal Law, Constitutional Criminal Procedure, and Juvenile Delinquency; Contracts; Articles 3 and 9 of the Uniform Commercial Code; Family Law and Dependency; Chapters 4 & 5 of the Rules Regulating The Florida Bar; and Professionalism. Because the students do not know which three will be tested, they must be knowledgeable on all of them. Only after the student successfully completes the background check, the Florida Bar Exam and the Multistate Professional Responsibility Exam will they be cleared to be sworn in to become a lawyer.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord-Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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