FLORIDA BOARD OF BAR EXAMINERS RE: M.B.S.
Supreme Court of Florida
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No. SC05-1118
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FLORIDA BOARD OF BAR EXAMINERS RE: M.B.S.
[February 1, 2007]
STORY CONTINUED FROM PART I………..
Further, disqualifying conduct extending over a long period of time will require a longer period of rehabilitation to satisfy the Court that the applicant can maintain the high standards of the profession and the professionalism necessary after gaining admission. Finally, the more serious the disqualifying conduct, the greater the burden of proof of rehabilitation. M.L.B., 766 So. 2d at 996; Fla. Bd. of Bar Exam'rs re D.M.J., 586 So. 2d 1049, 1050 (Fla. 1991)). An applicant who engages in serious criminal conduct and breach of trust just days before entering law school and who thereafter demonstrates a further lack of candor must demonstrate behavior and character of the highest level subsequent to the disqualifying conduct to clearly and convincingly establish that admission is proper to a profession that requires its members to be absolutely above and beyond suspicion. M.L.B., 766 So. 2d at 996; see also Fla. Bd. of Bar Exam'rs re C.A.M., 639 So. 2d 612, 614 (Fla. 1994); Fla. Bd. of Bar Exam'rs re C.W.G., 617 So. 2d 303, 305 (Fla. 1993); Fla. Bd. of Bar Exam'rs re R.B.R., 609 So. 2d 1302, 1304 (Fla. 1992); Fla. Bd. of Bar Exam'rs re J.H.K., 581 So. 2d 37, 39 (Fla. 1991).
When the nature and quantity of M.B.S.'s egregious behavior over thirteen years is weighed against the two-year period of sobriety and recovery activities and volunteer work shown here, the misconduct still vastly overwhelms and outweighs the rehabilitation. M.B.S.'s rehabilitation evidence will need to be of the highest order over a longer period than has been shown to overcome his past misdeeds.
The nature and timing of M.B.S.'s metamorphosis and rehabilitation are additional reasons for the Court's caution. M.B.S. exhibited some of the most egregiously disqualifying conduct––lying to gain entry to law school, lying to this Court to be certified to participate in the law school practice program under chapter 11 of the Rules Regulating the Florida Bar, and lying to the Board on his Bar application––very recently. He only began attending AA meetings in January 2004, and only attained sobriety in April 2004. He entered into a contract with FLA, Inc. on August 23, 2004. A few weeks later, in September 2004, he participated in an investigative hearing before the Board. After numerous years of abusing alcohol, breaking the law, and lying, he suggests that he has turned his life around only a few months before investigative and formal hearings before the Board. He claims to have suddenly gained control over his OCD and alcoholism, after years of being totally unable to overcome the problems presented by either. The Court requires more convincing evidence that this is truly a turning point in M.B.S.'s life and not just another deception and deliberate ploy to gain admission. There is no evidence that M.B.S. was even under the influence of alcohol when he perjured himself on multiple occasions.
The sincerity and depth of M.B.S.'s newfound candor and honesty are another concern. His lies on his application to this Court for participation in a law school practice program are a good example. He checked the option that said there was nothing in his background to reflect adversely on his character. The choice he did not check read: â€
