Is An Attorney Seeking Readmission Governed by the Rules In Effect at the Time of Application or Time of Disbarment ?
In Florida Bar re Kimball, 425 So. 2d 531 (Fla. 1982), the petitioner sought readmission after being disbarred, and the referee recommended readmission conditioned on his passing the bar exam.
Kimball argued that because at the time he was disbarred the rules did not require him to pass the bar exam, he should not be required to do so.
After carefully examining our previous cases on the issue, we held that a person seeking readmission to the Florida Bar is governed by the rules in effect at the time of his or her application for readmission "unless the original discipline opinion otherwise provides or unless the rules at the time of disbarment otherwise provide." Id. at 533.