On Facebook? FBBE may be planning a visit
08/31/2009
Watch what you post on your Facebook or MySpace social networking Web sites, because the Florida Board of Bar Examiners is interested in taking a peek — and not as your “friend.”
The FBBE’s Character and Fitness Commission had recommended in its final report that the board consider expanding its current review of personal Web sites during background investigations “as deemed necessary” and determine whether a question should be added to The Florida Bar application to require that all such sites be listed and access granted to the board.
When the Board of Bar Examiners met in July to finalize its response to the commission’s recommendations, it took up the issue and decided to adopt a policy that the investigation of social networking Web sites be conducted on a case-by-case basis.
“In reaching this policy, the board reasoned that if applicants are required to provide access to their social Web sites, they are likely to delete any derogatory material before staff has the opportunity to review it,” the examiners wrote in their response filed with the Florida Supreme Court.
The Board of Bar Examiners did adopt the policy that investigation of social networking Web sites should be conducted for the following bar applicants:
• Applicants who are required to establish rehabilitation under Rule 3-13 “so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;”
• Applicants with a history of substance abuse/dependence “so as to ascertain whether they discussed or posted photographs of any recent substance abuse;”
• Applicants with “significant candor concerns” including not telling the truth on employment applications or resumes;
• Applicants with a history of unlicensed practice of law (UPL) allegations;
• Applicants who have worked as a certified legal intern, reported self-employment in a legal field, or reported employment as an attorney pending admission “to ensure that these applicants are not holding themselves out as attorneys;”
• Applicants who have positively responded to Item 27 of the bar application disclosing “involvement in an organization advocating the overthrow of a government in the United States to find out if they are still involved in any related activities.”
— Courtesy Florida Bar News
