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January 1, 2014
Proposed board actions

Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following item at its January 31 meeting in Tallahasse. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, this amendment must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before it is officially approved and becomes effective. Additionally, nonsubstantive edits to conform to the Supreme Court style guide are not noted in the summary. To receive a full copy of the text of any of this proposed amendment, email jgreen@flabar.org 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

General - Board of Governors

RULE 1-4.3 COMMITTEES

Adds program evaluation committee chair to the list of members who comprise the executive committee of the board of governors.
Rules of Discipline - Procedures

RULE 3-7.1 CONFIDENTIALITY

Within subdivision (a)(12) adds disciplinary revocation as a matter which is public record and further updates subdivision (a)(12) to refer to amended Rule 3-7.12 on disciplinary revocation and to conform to the Supreme Court’s style guide.
Rules of Discipline - Procedures

RULE 3-7.10(f)(4) REINSTATEMENT AND READMISSION PROCEDURES

Within subdivision (b)(1) amendments require that filing and notice conform to appropriate court rules, deleting the requirement of a copy. Within subdivision (f)(4)(B) amendments require that all petitions for reinstatement which involve a respondent who is required to re-take the bar exam, include proof in the lawyer’s petition for reinstatement that the lawyer has passed both the Florida portion of the Florida Bar examination and the MPRE section. Style changes are also included to conform to the Supreme Court of Florida’s style guidelines.
Rules of Professional Conduct - Client-Lawyer Relationship

RULE 4-1.4 COMMUNICATION

Within commentary, adds that communication about changes in firm composition is addressed in Rule 4-5.8.

Rules Regulating Trust Accounts - Generally

Rule 5-1.2 Trust Accounting Records

The proposed amendments to Rule 5-1.2 address maintenance of trust accounting records when a law firm is either dissolved or sold to an attorney or group of attorneys. These aspects of trust account record keeping had not previously been specifically addressed in the Rules Regulating The Florida Bar.

Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law - Proceedings before a Referee

Rule 10-7.2 Proceedings for Indirect Criminal Contempt

Within subdivision (e), adds that The Florida Bar may file objections to referee’s recommended sentence in contempt proceedings. Also makes changes to comport with Supreme Court’s style guidelines.

Chapter 18 - Military Legal Assistance Counsel Rule, Generally

Rule 18-1.1 through 18-1.5 Military Legal Assistance Counsel Rule

Within subdivision (a)(4) of rule 18-1.2 and subdivision (c)(2) of rule 18-1.5, changes the requirement for completion of the Practicing with Professionalism Program to the time limits set forth in rule 6-12.3. Non-substantive edits in rules 18-1.1, 18-1.2, 18-1.3, 18-1.4 and 18-1.5 conform the rules to the Supreme Court style guide.

[Revised: 10-21-2014]