Proposed board action
Proposed board action
P ursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its January 30 Board of Governors meeting in Tallahassee. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, rules amendments must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and becomes effective. Other amendments noticed are final on Board of Governors action. Additionally, nonsubstantive edits to conform to the Supreme Court style guide are not always noted in the summary. To receive a full copy of the text of any of these proposed amendments, email [email protected] or call Janellen Green at (850) 561-5751. Reference any requested proposal by its title or item number and date of this publication.Final Action Items
RULES REGULATING THE FLORIDA BAR
Chapter 4 Rules of Professional Conduct
PREAMBLE – A LAWYER’S RESPONSIBILITIES
In terminology, definition of “lawyer,” deletes “any court of” so that the term “lawyer” includes both Florida Bar members and other lawyers authorized to practice in the State of Florida.
Chapter 2 Bylaws of The Florida Bar
RULE 2-3.10 MEETINGS
Changes “The Florida Bar Center” to “in Tallahassee.”
Chapter 4 Rules of Professional Conduct
RULE 4-1.7 CONFLICT OF INTEREST; CURRENT CLIENTS
Within subdivision (d), adds other significant relationships to the familial relationships requiring disclosure and consent when opposing in a representation. Within the commentary, defines other significant relationships.
Chapter 6 Legal Specialization and Education Programs
Rule 6-30.1 Standards for Board Certification in Condominium and Planned Development Law
New subchapter 6-30.1 sets forth standards to establish a new area of certification in condominium and planned development law.
Rule 6-30.2 Definitions
New subchapter 6-30.2 sets forth definitions for Community Association and Planned Development, Condominium and Planned Development Law and Practice of Law.
Rule 6-30.3 Minimum Standards
New subchapter 6-30.3 set forth minimum standards for lawyers seeking board certification in the area of Condominium and Planned Development Law.
Rule 6-30.4 Recertification
New subchapter 6-30.4 sets forth standards for recertification in Condominium and Planned Development Law.
Standing Board Policy 1.60
Within subdivision (a)(14), changes “Ideals and Goals of Professionalism” to “Professionalism Expectations.”
Standing Committee on Professionalism
Professionalism Expectations
The Professionalism Expectations is a document designed to replace the current Ideals and Goals of Professionalism adopted by The Florida Bar Board of Governors in 1990. Some are substantive revisions; others are merely editorial refinements.
The title is changed and the Standing Committee on Professionalism’s definition of professionalism is added. Throughout the entire document, “Expectations” has replaced the word “Goals” and language is simplified to avoid legalese. For each section’s “Ideal,” content is revised to provide an introduction and rationale for why the lawyer should/must follow the expectations below. References to the Rules Regulating The Florida Bar are added throughout.
A “Preamble” is added that explains the structure of the Professionalism Expectations delineating between the ethical duties evidenced as Rules Regulating The Florida Bar and the recommended expectations of professional behavior. The seven principles of Lawyer Professionalism were modified for parallelism and to remove legalese.
In section “1. Commitment to Equal Justice Under the Law and to the Public Good,” the former goals 1.4 (judicial candidates) and 1.5 (lawyer advertising) are deleted and replaced with concepts regarding lawyer-client relationships and the use of misleading or manipulative communications. New expectations were created: 1.7 on the client’s best interest; 1.8 on maintaining confidences; 1.11 on keeping client informed until the matter is resolved; 1.12 on ensuring equal access to justice; and 1.13 on avoiding discrimination and conduct prejudicial to the administration of justice.
A new section “2. Honest and Effective Communication” and 18 expectations are added pertaining to honest and effective communication. New provisions include 2.1 on setting lawyer-client expectations; 2.2 on candor and civility expectations; 2.3 on disparaging personal remarks; 2.4 on timely service of pleadings; 2.5 on disparaging another’s character or competence; 2.6 on use of formal letters or e-mails and appropriate use of text messages; 2.7 on drafting fair and accurate documents; 2.8 on advising of document revisions; 2.9 on inappropriately withholding information from client; 2.10 on knowingly misstating, misrepresenting, or distorting facts or legal authority and disclosing or correcting unintentional misrepresentations; 2.11 on avoiding inappropriate communication with represented party; 2.12 on diligent preparation of legal forms and documents to avoid future harm; 2.13, 2.15, 2.16 on social media use to disparage others, inappropriately contact others, and influence adjudicative proceedings; 2.14 on social media’s application to lawyer advertising; 2.17 on ensuring that electronic devices do not impair confidentiality; and 2.18 on diligent responses to The Florida Bar.
The former section “3. Honesty and Candor” is incorporated into the current section “2. Honest and Effective Communication.”
In section “3. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play,” expectation 3.1 is added regarding no dilatory or delay tactics. Expectation 3.7 regarding coordinating proposed orders is modified. Expectations 3.8 – 3.11 are added, dealing with scheduling depositions, appropriate questions, objections, and deponent instructions. Former 2.8 is changed to 3.12 on requesting adequate time for legal proceedings. Former 2.8 is deleted and 3.13 is created on providing adequate scheduling notices. Expectation 3.14 is added regarding notification of cancelled or rescheduling proceedings. Old goal 2.11 is deleted, pertaining to disclosing witnesses and coordinating use of visual aid equipment. Old goal 2.14 is deleted regarding abstaining from conduct calculated to detract or divert a fact finder’s attention, which concept is incorporated into Expectation 5.8. Expectation 3.18 is added regarding threatening to gain a tactical advantage.
In section “4. Fair and Efficient Administration of Justice,” expectations are added: 4.1 regarding familiarity of decorum of the court; 4.10 regarding concealing evidence in discovery; 4.14 regarding inappropriate use of voir dire; 4.15 regarding avoid currying favor with jury; 4.16 regarding avoiding inappropriate opening statements and arguments; 4.17 regarding avoiding offers or requests for a stipulation in front of a jury; and 4.20 regarding criticizing or denigrating others to client, media, or public.
The title to section “5. Courtesy” is changed to “5. Decorum and Courtesy,” and supplemented with 10 new expectations: 5.1 on discouraging rude, disruptive, and disrespectful behavior by all; 5.2 on avoiding conduct degrading to the legal profession; 5.3 on refraining from inappropriate behavior or special consideration in legal proceedings; 5.4 on appropriate use of last names during legal proceedings; 5.5 on requests to approach the bench; 5.6 on stating only legal grounds for objections; 5.7 on informing clients and witnesses of proper courtroom decorum; 5.8 on abstaining from conduct intended to divert fact-finder’s attention; 5.9 on addressing the judiciary; and 5.10 on resolving disagreements before setting court hearings.
In section “6. Respect for the Time and Commitment of Others,” expectation 6.1 is deleted on resolving disagreements before setting court hearings, because it was incorporated into expectation 5.10. Expectation d 6.1 is added on refraining from imposing arbitrary or unreasonable deadlines.
In section “7. Independence of Judgment,” expectation 7.1 is added regarding exercising independent judgment.
At the end of the document, a “History” section is added to explain the creation of the Ideals and Goals and the evolution of the Professionalism Expectations.
Bylaws – General Practice, Solo & Small Firm Section
The General Practice, Solo and Small Firm Section by-laws were amended throughout for clarity and consistency with the Supreme Court style guide.
Within Article II, Section 2, subsection (b) the General Practice, Solo & Small Firm Section proposes to clarify required section membership dues for law students to be as established for student affiliate membership.
Within Article III, Section 2, the General Practice, Solo & Small Firm Section proposes to clarify categories of executive council members.
Within Article IV, Section 4, the General Practice, Solo & Small Firm Section proposes to clarify the circumstances under which executive council seats become vacant, along with adding a requirement that requests that excused absences must be sent to the chair no later than seven (7) days following the meeting.
Bylaws- Out of State Division
Non-substantive amendments are proposed to conform to the Supreme Court style guide.
First Read Items
RULES REGULATING THE FLORIDA BAR
Chapter 2 Bylaws of The Florida Bar
RULE 2-9.8 LAW OFFICE MANAGEMENT ASSISTANCE SERVICE
Changes the name of law office management assistance service to practice resource institute.
Chapter 4 Rules of Professional Conduct
RULE 4-5.8 PROCEDURES FOR LAWYERS LEAVING LAW FIRMS AND DISSOLUTION OF LAW FIRMS
Within the comment, changes the name of law office management assistance service to practice resource institute.
Bylaws- Workers’ Compensation Section
Adds “honorary” members in Article II, Section 1. Within article II, section 1, adds new subdivision (c) to permit active judges of compensations claims to become honorary members of the section without payment of dues.
Bylaws – Government Lawyer Section
The Government Lawyer Section bylaws were amended throughout for clarity and consistency with current practice.
Within Article l, Section 2, the purposes of the Government Lawyer Section are clarified. Under subsection (b), the Government Lawyer Section is to provide a forum for discussion, exchange of ideas, research and leadership, and to make recommendations in not only those areas of particular interest to government lawyers, but also as to matters affecting government lawyers. Subsection (f) is changed to clarify that the Government Lawyer Section assists The Florida Bar with regard to educational programs that relate to the interests of government lawyers. In subsection (h), the purpose of supporting Government Lawyer Section members for appointment to Bar committees has been added. Subsection (k) concerning advising and making recommendations to the executive, legislative and judicial branches in matters affecting government lawyers has been deleted as duplicative.
Within Article II, Section 4, the limit on the number of affiliates has been changed from one-half to one-third of the Section membership. The last sentence of the first paragraph has been removed as unnecessary. Within subdivision (a), adds that affiliate members may also include local, state and federal agency personnel, educational personnel, law enforcement personnel, members of administrative boards, persons doing business with local, state and federal agencies, members of the legislature and legislative staff, authorized house counsel, and judicial assistants. The last sentence of subsection (b) has been removed as duplicative.
Within Article III, Section 2(d), the duties of the Secretary are clarified and conformed to current practice of taking of minutes and responsibility for retaining the minutes in the permanent records of the Section is changed to the Section’s Administrator.
Within Article V, Section 1, what constitutes a quorum and those eligible to vote at the annual meeting of the Government Lawyer Section is clarified. At the annual meeting the members of the Section, rather than executive council members, who are in attendance constitute a quorum.
Within Article V, Section 2, the quorum for the meetings of the executive council is set forth as ten members. The provision for conducting business through the written approval of a majority of the entire executive council has been removed as the subject is now covered in Section 5 of Article V. The time for the calling of meetings is reduced from 15 to 10 days.
Within Article V, Section 3, a quorum for a special meeting of the section is established as the members attending that meeting, which is consistent with the quorum requirements for the annual meeting.
Within Article V, Section 4, the use of video or other similar electronic communication equipment is added to the provisions concerning telephone conferences of the executive council. What constitutes a quorum is clarified and is the same as that for an in-person meeting.
Article V, Section 5, is added. It provides that notices as well as voting by the executive council may be accomplished through electronic mail. Such voting (with a two-day notice) may be used only to expedite a decision required to meet a deadline that occurs before the next scheduled executive council meeting. The quorum requirement is the same as that for an in-person meeting.
Within Article VI, Section 1(d), the procedures concerning The Florida Bar Claude Pepper Award are clarified, and the committee is renamed the Claude Pepper Award Nominations Committee. Subsections (e), (h), (i) and (j) have been added, establishing the Awards and Recognition Committee, the Technology Committee, the Certification Committee, and the Young Government Lawyers Committee.
Article VII is eliminated.
Article VII (formerly Article VIII), Section 6, has been added to provide a formal process for the nomination of a Government Lawyer Section member for The Florida Bar President’s consideration for appointment as a government lawyer liaison to The Florida Bar Board of Governors.
