Proposed board action
Pursuant 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 March 11, 2016Board of Governors meeting in New Orleans. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, most of these 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 become effective. Additionally, non-substantive 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.
RULES REGULATING THE FLORIDA BAR
Final Action
Chapter 3 Rules of Discipline
RULE 3-2.1(i) Definitions
Amends Rule 3-2.1 to add subpart (i) defining “inquiry” as used in chapter 3 regarding opening a bar discipline investigation after an inquiry is made. Subsequent subdivisions are renumbered.
RULE 3-7.16 LIMITATION ON TIME TO BRING COMPLAINT
Subdivision (a) of the rule is re-organized, clarifies when inquiries are time-barred, and adds that written inquiries must be made to Lawyer Regulation in bar headquarters in Tallahassee.
Chapter 4 Rules of Professional Conduct
RULE 4-1.8 CONFLICT OF INTEREST; PROHIBITED AND OTHER TRANSACTIONS
Within subdivision (c), deletes “substantial” before gift regarding soliciting gifts from clients and drafting instruments giving gifts. Within the comment, adds commentary regarding preparing documents that appoint the lawyer or the lawyer’s relative as a fiduciary, noting the potential personal conflict and information the lawyer should provide the client so the client may make an informed decision.
Chapter 5 Rules Regulating Trust Accounts
RULE 5-1.1 TRUST ACCOUNTS
Within subdivisions (a)(1), (a)(2), (g)(1) and (g)(5), amendment adds federally insured credit unions to the list of approved institutions for lawyer trust accounts.
Bylaws
Bylaws – General Practice, Solo and Small Firm Section
The General Practice, Solo and Small Firm Section by-laws are amended throughout to reflect a new section name change, in which “General Practice” is removed from the section’s name.
First Reading
Chapter 4 Rules of Professional Conduct
RULE 4-7.22 LAWYER REFERRAL SERVICES
Rule is re-organized, terminology is changed from “lawyer referral service” to “qualifying provider,” definition of a qualifying provider is broadened, requirements for qualifying providers are made less restrictive, requirements for a participating lawyer are changed to require lawyer reporting of participation with a qualifying provider to the bar and lawyer responsibility for qualifying provider conduct if the lawyer does not cease participation with the qualifying provider after notification of noncompliance to the lawyer by the bar. The board will also consider a requirement that qualifying providers be owned or operated by a member of The Florida Bar at the direction of the Supreme Court of Florida. Commentary is added to provide additional guidance and interpretation of the rule amendments.
RULE 4-7.23 LAWYER DIRECTORIES
Deletes rule in its entirety.
Chapter 5 Rules Regulating Trust Accounts
RULE 5-1.1(f) TRUST ACCOUNTS
Within subdivision 5-1.1(f) amends the Comment to Rule 5-1.1 to include examples of situations where a lawyer must protect and acknowledge a third party’s interest in trust account funds. These examples come from opinions of the Supreme Court of Florida, cited in the Comment.
RULE 5-1.2 TRUST ACCOUNTING RECORDS AND PROCEDURES
Within subdivision (c), changes references from lawyers who sign trust account checks to “signatories.” Within subdivision (g)(1), changes a reference to rule 5-1.2(c)(5) to “this rule.” Adds new subdivision (g)(2), “report of trust account violations or errors to staff counsel under this rule” as a ground for auditing a lawyer’s trust account and renumbers other subdivisions accordingly.
Chapter 6 Legal Specialization and Education Programs
RULE 6-4.2 DEFINITIONS
This amendment adds the definitions that were previously in the Civil Trial certification policies.
RULE 6-4.3 MINIMUM STANDARDS
This amendment better defines a trial and what constitutes other considerations for trials.
RULE 6-4.4 RECERTIFICATION
This amendment better defines a trial and adds waiver of compliance for the following: substantial involvement; trial education and peer review criteria for an applicant who is an officer of judicial system; trial criteria for an applicant who has been continuously certified as a civil trial lawyer for 14 years or more; substantial involvement for an applicant serving as mediator, referee, master or magistrate and is actively involved in civil trial law; and trial and substantial involvement criteria for an applicant not able to meet requirements due to health reasons.
RULE 6-28.2 DEFINITIONS
The proposed amendments reflect the definitions from the adoption law certification policies that will be removed from the policies with the approval of this amendment. This includes the following definitions: adoption placements; contested adoption proceedings; adoption appeal; and substantial involvement (also moved from 6-28.3).
RULE 6-28.3 MINIMUM STANDARDS
The proposed amendments, within subdivision (a), provide a reduction of the substantial involvement requirement from 50% to 40%. The Adoption Law Certification Committee adds definitions pertaining to the practice of adoption law and clarifies the minimum standards that are in the current Adoption Law Certification Committee Standards.
RULE 6-28.4 RECERTIFICATION
The proposed amendments provide a reduction of adoption placements for recertification from 50 to 30 and reduces the required CLE hours from 75 to 45 and adds requirements for substantial involvement that currently are in the Adoption Law Certification Committee policies.
RULE 6-31.1 STANDARDS FOR BOARD CERTIFICATION IN INTERNATIONAL LITIGATION AND ARBITRATION
Adopts new subchapter 6-31.1, establishing a new area of certification in international litigation and arbitration.
RULE 6-31.2 DEFINITIONS
Adopts new subchapter 6-31.2, setting forth definitions for a new area of certification in international litigation and arbitration.
RULE 6-31.3 MINIMUM STANDARDS
Adopts new subchapter 6-31.3, setting forth minimum standards for a new area of certification in international litigation and arbitration.
RULE 6-31.4 RECERTIFICATION
New subchapter 6-31.4, setting forth recertification standards for a new area of certification in international litigation and arbitration.
RULE 8-5.1 GENERALLY
Amendments delete references to the Lawyer Referral Service Committee.
SBP 1.30 MEETINGS OF EXECUTIVE COMMITTEE
Within subdivision (b), removes the requirement that bar members attending an executive committee conference call do so at the office of an executive committee member.
SBP 9.20 Action by Board
Within subdivision (a)(3)(B), deletes the requirement of a requestor providing enough copies for each board member.
