Proposed board action
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 December 12 meeting in Amelia Island. 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.
FINAL ACTION:
RULE 3-3.1 SUPREME COURT OF FLORIDA; DISCIPLINARY AGENCIES
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-3.2 BOARD OF GOVERNORS OF THE FLORIDA BAR
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-3.4 GRIEVANCE COMMITTEES
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-3.5 CIRCUIT COURT JURISDICTION
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-4.3 MISCONDUCT AND MINOR MISCONDUCT
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-4.4 CRIMINAL MISCONDUCT
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-4.6 DISCIPLINE BY FOREIGN OR FEDERAL JURISDICTION; CHOICE OF LAW
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-4.7 OATH
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
RULE 3-5.4 PUBLICATION OF DISCIPLINE
Amendments comply with the Court’s style guidelines with no substantive changes to the rule.
Chapter 4 Rules of Professional Conduct
RULE 4-4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
Within subdivision (a) adds “contemporaneously” as part of the requirement to copy the represented person’s lawyer and adds the word “represented” before the word “person.” Within the comment, adds “If a lawyer does not know whether the government agency, private person or organization is represented in a matter, the lawyer should make inquiry, and in all instances, identify himself or herself as a lawyer who is representing a client.” Within the comment adds “as set forth within subdivision (a)” regarding independent justification for speaking with a person represented by counsel. Within the comment clarifies that a lawyer who is a party to a controversy with the governmental agency may communicate directly with government officials about the matter. Within the comment, adds “Also, in representing a client in a matter with a government agency, a lawyer may communicate with a government officer or board as part of a public hearing when an administrative or quasi-judicial matter is pending before that agency as permitted by rules 4-3.5 and 4-3.9.” Other non-substantive changes conform the rule to the Supreme Court style guide.
RULE 4-5.8 PROCEDURES FOR LAWYERS LEAVING LAW FIRMS AND DISSOLUTION OF LAW FIRMS
Within the comment, clarifies rule by addressing issues such as when the negotiations and notification of clients should occur, which clients must be notified, obligations to clients who neither the departing lawyer nor the firm intends to represent, the method by which contact may occur, and obligations to provide contact information to the clients. Non-substantive edits conform the rule and comment to the Supreme Court of Florida style guide.
FIRST READING:
Section Bylaws
BYLAWS – GENERAL PRACTICE, SOLO & SMALL FIRM SECTION
Bylaw amendments throughout are proposed for clarity and consistency with the Supreme Court style guide. Within Article II, Section 2, subsection (b) amendments clarify required section membership dues for law students to be as established for student affiliate membership.Within Article III, Section 2, amendments clarify categories of executive council members.
Within Article IV, Section 4, amendments 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.
