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Florida Board Of Bar Examiners Re H.M.O.

Citation: 263 So. 3d 746Docket: CASE NO.: SC19-40

Court: Supreme Court of Florida; January 21, 2019; Florida; State Supreme Court

Narrative Opinion Summary

In a recent judicial opinion, the Florida Board of Bar Examiners recommended the conditional admission of an applicant to The Florida Bar. This recommendation was approved by the court with specific terms. The applicant's law practice license is subject to a six-month probationary period, during which they must undergo regular consultations with a licensed mental health provider and adhere to any prescribed treatments. Compliance with these conditions will be monitored by The Florida Bar, with the associated costs to be borne by the applicant. Furthermore, the applicant must reside within Florida for the duration of the probation, with restrictions on travel and relocation. Any non-compliance or allegations of misconduct could result in termination of the probation and potential disciplinary actions, including disbarment. The applicant is also required to report any criminal arrests or grievances to The Florida Bar. The terms of the probation allow for potential extensions through mutual agreement or court petition. This case underscores the importance of adherence to ethical and professional standards in the legal profession, with mechanisms in place to ensure compliance and address any issues that may arise during the probationary period.

Legal Issues Addressed

Conditional Admission to the Bar

Application: The applicant's admission to The Florida Bar is approved under specific conditions, including a probationary period with compliance requirements.

Reasoning: The Florida Board of Bar Examiners' recommendation for H.M.O. to be admitted to The Florida Bar is approved with specific conditions.

Consequences of Non-Compliance

Application: Non-compliance with probation conditions can lead to disciplinary actions, including possible disbarment.

Reasoning: Non-compliance or allegations of misconduct during probation may lead to termination of probation and disciplinary actions, including disbarment.

Monitoring and Compliance

Application: The Florida Bar is responsible for overseeing the applicant's compliance with the probation terms, with costs borne by the applicant.

Reasoning: The Florida Bar will oversee the compliance with the Consent Agreement, and the applicant will bear the associated monitoring costs.

Notification of Legal Issues

Application: The applicant is required to notify The Florida Bar of any criminal arrests or grievances during the probation period.

Reasoning: H.M.O. must notify The Florida Bar of any criminal arrests or related grievances.

Probationary Terms for Legal Practice

Application: The applicant's law practice license is placed on a six-month probation with mandatory mental health consultations and compliance reporting.

Reasoning: H.M.O.'s law practice license will be on probation for six months. During probation, H.M.O. must: Consult monthly or more frequently with Dr. Daniel Mandri or another licensed mental health provider.

Residency Requirement

Application: The applicant is required to reside in Florida during the probation period, with stipulations for travel and relocation.

Reasoning: H.M.O. must reside in Florida throughout the probation period. Any trip outside Florida exceeding ten days requires prior approval from The Florida Bar.