Of all the challenges faced by military families — deployment, separation, relocating every few years — spousal employment might be one of the most difficult to manage.
That’s particularly true if the spouse is in a field that requires professional certification to get a job.
Law, for example.
A rule allowing the lawyer spouses of military personnel stationed in Florida to practice in the state is being considered by The Florida Bar Board of Governors.
The proposed new Chapter 21 of the Bar rules was introduced July 29.
It would allow attorneys who are admitted to a Bar in another state to practice in Florida while their spouse is stationed here, with some conditions.
Similar procedures have been adopted by 18 states and are being considered by 13 others, according to The Florida Bar.
The rule provides the state Supreme Court may certify a military spouse who is a lawyer to practice in Florida as long as they:
• Are married to a full-time active duty military member
• Hold a degree from an American Bar Association accredited law school
• Are licensed in another jurisdiction after passing a written examination
• Are a member in good standing in every other Bar to which the applicant is admitted and not subject to a discipline or pending discipline
• Have not failed The Florida Bar exam or the fitness review in the past five years, among other requirements.
The Florida Board of Bar Examiners and the Florida Association for Women Lawyers have endorsed the proposal. So has the Jacksonville Women Lawyers Association.
“A temporary admission procedure that maintains the high standards of The Florida Bar will enable military spouse attorneys to provide necessary legal services in our local communities with minimal disruption to their careers and the families who serve our country,” said JWLA President Amelia Henderson.
Joanne Fakhre, immediate past president of the association, agreed and said adopting the rule also would help military families preserve a two-income household, which many need to make ends meet.
“There is enough pressure in trying to find work in a saturated profession, especially when that spouse will most likely be leaving that job in a couple of years,” she said.
The Law Offices of Ron Sholes is known for being comprised exclusively of attorneys who served in the military before they entered law school.
Sholes said he and his colleagues certainly understand the sacrifices made by military families and would support reasonable accommodations that could be made to ease the burdens placed on them.
However, he is not in favor of the rule as it currently is written, and suggests three amendments to the proposal.
He said the military spouse attorney should be required to pass The Florida Bar’s basic skills test before being allowed to practice; the attorney should be required to work under the supervision of a licensed and experienced attorney; and he or she should be allowed to practice only in areas of law in which the supervising attorney is regularly engaged.
“It is paramount that attorneys deliver quality representation and ensure they protect the rights of their clients,” said Sholes. “There are many areas of Florida law that are very onerous and take years to master, thus making it rather easy for someone who is unfamiliar and inexperienced to make critical mistakes to the detriment of their client.”
The proposed rule is scheduled for a vote Dec. 9.
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