Business Law 101 / MAKING OF A LAWYER Part III

By Albert L Kelley Esq.

Once a person has graduated law school, taken and passed the Florida Bar Exam and the Multistate Professionalism Exam, and have been thoroughly investigated by the Board of Bar Examiners, they are entitled tom be sworn in as a lawyer. The oath they take is as follows: “I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.” A lawyer who violates this oath may be sanctioned by the Bar, including losing their license to practice law.

Once a lawyer has been sworn in, their education is still not complete. Aside from the research they complete for each case they handle, they are also required to take courses known as Continuing Legal Education classes (CLE). In Florida, lawyers must take 30 credit hours of CLE every 3 years; five of these hours must be in the area of ethics, professionalism, bias elimination, substance abuse or mental illness awareness.

Every lawyer must renew their license on an annual basis. This renewal requires them to advise the Bar of any address changes and to report how many pro bono hours they have provided (The Bar does not require an attorney to provide a certain amount of hours, but it is recommended that each attorney either provide at least 20 hours of pro bono service or to contribute $350 to a legal aide organization).

Finally, every lawyer practicing in Florida must designate an inventory attorney. If an attorney dies, disappears, is disbarred or suspended or involuntarily takes a leave of absence, the Inventory Attorney has the responsibility of review the lawyer’s files and determining which clients are in continuing need of legal services. The Inventory Attorney has the authority to turn the files over to the clients, assist the clients in finding substitute counsel, or taking the file over themselves. While the Bar requires all lawyers to designate an inventory attorney, there is no requirement that the designated attorney actually serve; they may turn down the position when notified.

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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