of Florida, nor “entitled to any privileges and benefits accorded to members of The Florida Bar in good standing” throughout the 2014 qualifying period that ended at noon, June 20, 2014. Even if his claim of non-resident status subsequently cured his non-compliance with the Bar’s CLER requirement, it would not cure his ineligibility at the time of qualifying.
The duty to seek a claim of exemption is on the bar member. “A member who seeks an exemption form the CLER under sections 6.02(f)(1), (2) or (3) must file a CLER exemption request form. [Bar] Staff will review and confirm eligibility within 10 days of receipt of the request. If granted, the exemption will remain in effect until the member is no longer eligible.” Rule 6.02(f) of the Rules Regulating the Florida Bar.
Mr. Sheldon did not claim such exemption until after he was no longer eligible to practice law and until about 9 months following his relocation back to Florida. The bar member’s exemption does not become effective until after the claim for exemption is made and approved. Id. Thus, even if the exemption cured Mr. Sheldon’s ineligibility to practice law, strict compliance with Florida’s constitutional qualifications requirements would not relate back to the qualifying period. Simply put, his failure to timely claim the exemption that he was granted in July 2014, for a non-resident status that ripened in October 2011, does not change the past. Again, our case law contains many examples of harsh results where latter cured membership defects do not cure the attorney’s conduct that occurred during the period of ineligibility, and often at a huge expense to the attorney’s innocent clients. For example, see Third Degree Films, Inc. vs. Does 1-259, et al, Consolidated Case 4:11-cv-00570 (N.D. Fla., Feb. 16, 2012) (Tallahassee Division) (where 3,547 defendants were dismissed from a mass lawsuit because plaintiff’s counsel was not properly admitted to practice law in that court at that time). (N.B. The undersigned complainant/attorney filed a motion that lead to said dismissal. As such, the complainant has case law on hand relevant to a bar