The Florida Bar
www.floridabar.org

Rules of Professional Conduct
(Chapter 4, Rules Regulating The Florida Bar)

On This Page
I. Issue
II. Bar Position
III. Background
IV. Facts and Statistics


I. Issue

On January 1, 1987, the Code of Professional Responsibility ceased to govern lawyers in Florida. The Code was replaced by the Rules of Professional Conduct, which is Chapter 4 of the Rules Regulating The Florida Bar.

The new Florida rules, patterned after the American Bar Association (ABA) Model Rules of Professional Conduct but stricter in many instances, provide updated ethical standards for attorney behavior and the structure for regulating conduct. Attorneys who violate the rules are subject to disciplinary proceedings brought by the Bar with penalties imposed by the Supreme Court of Florida. Advantages of the new rules include:

New Rules of Discipline (Chapter 3, Rules Regulating The Florida Bar), which took effect at the same time as the Rules of Professional Conduct and amended further March 16, 1990, allow the Bar to publicly acknowledge complaints against attorneys after the Bar has formally filed a complaint against an attorney with the Supreme Court of Florida (cases received before March 17, 1990) and after grievance committee or staff disposition, including dismissals (cases after March 16, 1990). The Bar will be able to acknowledge that fact by citing the attorney's name, the nature of the complaint and the status of the case. Previously, before January 1, 1987, such information was usually released only after the Supreme Court issued the discipline order -- often months or years after the formal complaint was filed. The new discipline rules also increase the disbarment period from three to five years (before an attorney can apply for readmission). The rules of discipline were amended with respect to abolition of the "gag rule," substantial reduction in the amount of confidentiality attached to disciplinary cases and to allow for more streamlined grievance committee procedures.

On February 9, 2000, The Florida Bar petitioned the Supreme Court to amend the Rules Regulating The Florida Bar. Some modifications were accepted and are now reflected in the Rules Regulating The Florida Bar.

The most recent amendments to Chapters 3 and 4 of the Rules Regulating The Florida Bar were enacted by the Florida Supreme Court in Amendments to Rules Regulating The Florida Bar, 29 Fla. L. Weekly S265 (No. SC03-705, 5/20/2004).
Back to Top

II. Bar Position

A. American Bar Association Position

The Model Rules reflect years of effort by a commission of the ABA. The Florida Bar was active in the development of the Model Rules and many of its recommendations were included in the final Model Rules document.

B. The Florida Bar Position

Florida's Rules of Professional Conduct are based on the Model Rules with modifications specific to the state. The rules were submitted to the Supreme Court and were approved with minor changes in July 1986. The Rules of Professional Conduct reflect the position of The Florida Bar on matters of attorney conduct and discipline.
Back to Top

III. Background

A. Historical

The first national standards for lawyers were the Canons of Professional Ethics, adopted by the ABA in 1908, and subsequently by most state lawyer regulatory bodies. In 1969 the ABA replaced the Canons with the Code of Professional Responsibility, which was in turn, adopted in varying forms by all state bar associations.

In 1977, the ABA leadership determined the code needed reworking and appointed the Commission on the Evaluation of Professional Standards, commonly known as the Kutak Commission. After six years of comment, debate and redrafting, the Kutak Commission proposed its final work product, the Model Rules of Professional Conduct, which the ABA adopted in 1983 to replace the Code of Professional Responsibility.

The Florida Bar appointed a special study committee of lawyers and law professors from throughout the state to study the proposed rules and make recommendations regarding their adoption in Florida. After thorough review, debate and public hearings, the committee recommended that the rules be adopted with some modifications.

The Florida Bar's Board of Governors concurred, and after lengthy consideration, the Florida Supreme Court entered its order adopting the rules, effective 12:01 a.m. on January 1, 1987, in place of the Code of Professional Responsibility.

B. Format

The Code of Professional Responsibility was in a three-part format: the nine Canons, the Ethical Considerations and the Disciplinary rules. The purpose was to state the general maxims in the Canons, and aspirational objectives in the EC's, and the enforceable standards in the DR's.

The Kutak Commission found that the Code of Professional Responsibility, including the varying standards found in the Canons, EC's and the DR's, were cumbersome and difficult to apply in the practical resolution of ethical dilemmas arising in the everyday practice of law.

With the increasing size of the Bar and the need to provide more effective ethical standards for lawyers, the Kutak Commission believed that the restatement format would make the rules a more useful tool in the practice of law and in disciplinary procedures. The rules also provide substantive guidance in many areas not addressed by the code.

The rules abandon the three-part format of the Code. The rules appear in a restatement format, with a total of 50 black letter rules in eight parts (Client-Lawyer Relationship, Counselor, Advocate, Transactions With Persons Other Than Clients, Law Firms and Associations, Public Service, Information About Legal Services, and Maintaining the Integrity of the Profession).

Accompanying each rule is a comment explaining the purpose of the rule and providing a guide to interpretation. The comments explain and interpret the rules, but their statements of appropriate conduct, to the extent that they go beyond the actual mandates of the rules themselves, are not mandatory or binding.
Back to Top

C. Substantive

Some of the areas where The Florida Bar has adopted stricter standards than the ABA's Model Rules include:

Back to Top

IV. Facts and Statistics

The Florida Bar Lawyer Regulation Department


Year

Complaints Received

Disbarments

Suspens-
ions

Public
Reprimands

Resignat-
ions

Admonish-
ments

2006-07

9,063

62

142

56

0

74

2007-08

7,827

66

151

64

0

58

2008-09

7,639

66

154

34

0

44

2009-10

8,129

92

170

46

0

60

2010-11

7,551

84

174

49

1

39


Prepared by The Florida Bar Department of Public Information and Bar Services with assistance by the Lawyer Regulation Department and the Ethics and Advertising Department.
Back to Top


[Revised: 10/27/05]