How "Fit" is Your Facebook Page? Florida Bar Examiners Single Out Suspected Stoners for Social Media Site Investigations as Part of Character and Fitness Review

On Legal Blog Watch, Carolyn Elefant reviews reports that the Florida Bar Examiners may search bar applicants' social media sites to hunt down evidence of suspected substance abuse. In particular the Florida Bar intends to single out the following 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.”

Might be time to adjust privacy settings. See Will Bar Associations Review Facebook for Applicants' Fitness? for Elefant's commentary ("Though I don't endorse examining Facebook at all, if the Bar is going to do it, then the policy should apply to all candidates and not just those who are already suspect.") [JH]