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In re L.S.K.

Citation: 245 So. 3d 641Docket: CASE NO.: SC18–839

Court: Supreme Court of Florida; June 6, 2018; Florida; State Supreme Court

Narrative Opinion Summary

The judicial opinion concerns the conditional admission of an applicant, L.S.K., to The Florida Bar following the Florida Board of Bar Examiners' recommendation. The admission is subject to a two-year probationary period, during which L.S.K. must adhere to several conditions aimed at ensuring their fitness to practice law. Key conditions include mandatory quarterly consultations with a licensed mental health provider and compliance with treatment recommendations, including medication management. Furthermore, L.S.K. must submit quarterly reports and sworn statements to The Florida Bar to confirm adherence to these conditions. The applicant is required to reside in Florida throughout the probation, with any extended travel or relocation necessitating prior approval. Noncompliance with these stipulations could lead to the termination of the probation and potential disciplinary actions, including disbarment. The conditions also entail the possibility of extending the probationary period by mutual agreement or through court petition by The Florida Bar. The applicant is obligated to report any criminal arrests or grievances and consents to the release of relevant file materials for compliance monitoring.

Legal Issues Addressed

Admission to The Florida Bar with Conditions

Application: L.S.K. is admitted to The Florida Bar with a probationary period and specific conditions to ensure fitness to practice law.

Reasoning: L.S.K. is approved for admission to The Florida Bar with specific conditions following the Florida Board of Bar Examiners' Report and Recommendation.

Consequences of Noncompliance with Probation Conditions

Application: Noncompliance or violation of probation terms can result in termination of probation and disciplinary actions, including potential disbarment.

Reasoning: Noncompliance or probable cause findings during probation can lead to termination of probation and potential disciplinary actions, including disbarment.

Extension of Probation Period

Application: Probation may be extended by mutual agreement or through a petition by The Florida Bar to the Court.

Reasoning: Extensions of the probation period may be agreed upon by the applicant and The Florida Bar, or the Bar may petition the Court for an extension.

Monitoring and Compliance with Mental Health Treatment

Application: The applicant must submit quarterly reports and sworn statements to The Florida Bar confirming adherence to treatment and fitness to practice law.

Reasoning: Ensure quarterly reports from the mental health provider to The Florida Bar, confirming consultations and the applicant’s fitness to practice law. Submit sworn statements quarterly to The Florida Bar, confirming compliance with the above requirements.

Probationary Requirements for Bar Admission

Application: L.S.K. must adhere to a two-year probation period, during which they must consult with a licensed mental health provider and comply with treatment instructions.

Reasoning: A two-year probation period for the applicant’s law practice license. During probation, L.S.K. must: Consult with a licensed mental health provider, such as Daniel E. Chervoney, M.D., at least quarterly.

Reporting Obligations During Probation

Application: The applicant must report any criminal arrests or grievances related to legal practice to The Florida Bar promptly.

Reasoning: The applicant must promptly report any criminal arrests or grievances related to legal practice to The Florida Bar.

Residency and Relocation Restrictions During Probation

Application: The applicant must reside in Florida throughout the probation period, with prior approval required for trips exceeding ten days. Relocation outside Florida leads to surrendering the law license.

Reasoning: L.S.K. must reside in Florida throughout the probation period, and any trips exceeding ten days require prior approval from The Florida Bar. Relocation outside Florida will result in surrendering the law license.