Florida Board of Bar Examiners re Marks

This case is before the Court on a recommendation of the Florida Board of Bar Examiners that Allan Barry Marks be admitted to The Florida Bar. We have jurisdiction. See art. V, § 15, Fla. Const.

For the reasons expressed below, we disapprove the Board’s finding that the conduct alleged in Specification 2 was not disqualifying and find the conduct was disqualifying, both individually and collectively. Further, we disapprove the Board’s recommendation that Marks be admitted to The Florida Bar and deny Marks’s application for admission.

PROCEDURAL BACKGROUND

The Florida Board of Bar Examiners…