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RULE 6-3.7 EMERITUS SPECIALIST STATUS

6 LEGAL SPECIALIZATION AND EDUCATION PROGRAMS
6-3 FLORIDA CERTIFICATION PLAN

RULE 6-3.7 EMERITUS SPECIALIST STATUS

(a) Purpose. The purpose of emeritus specialist status is to recognize the past and continuing contribution of a certified lawyer in the advancement of the speciality area through related career activities that do not constitute the actual practice of law. For purposes of this rule, the "practice of law" means legal work performed for purposes of rendering legal services, advice, or representation.

(b) Applicability. An applicant who seeks emeritus specialist status shall:

    (1) be currently board certified by The Florida Bar;
    (2) be a member of The Florida Bar in good standing;
    (3) no longer be engaged in the practice of law; and
    (4) otherwise comply with the applicable rules and policies governing emeritus specialist status.

(c) Qualifications. To qualify for emeritus specialist status, a member shall:
    (1) not engage in the active practice of law;
    (2) demonstrate integrity and professionalism, and submit to peer review as required by the board of legal specialization and education;
    (3) promptly report to the board of legal specialization and education any disciplinary complaints or malpractice actions filed against the member;
    (4) file the annual audit and pay the annual fee; and
    (5) complete the required application and pay the specified fee.

(d) Communication. As an emeritus specialist, the member must:
    (1) refrain from any written or oral communication that might be misconstrued as client solicitation for legal services; and,
    (2) identify emeritus specialist status in all written or oral communication concerning board certification.

(e) Termination of Emeritus Specialist Status. At such time as the member elects to resume the practice of law, the member may regain recertification as a "certified specialist" upon:
    (1) completion of all requirements for recertification within a time frame to be determined by the board of legal specialization and education; and
    (2) completion of the required application and payment of the specified fee.

(f) Waiver. On special application and for good cause shown, the board of legal specialization and education may waive any portion of this rule if it determines such a waiver to be in the best interest of the certification program and emeritus status.

(g) Revocation. Existing rules relating to certification revocation shall also apply to emeritus specialist status.

(h) Exemption. During the 6 years following the effective date of this rule, any member formerly certified by The Florida Bar, whose certificate lapsed or was otherwise not renewed, may apply for emeritus status and qualify for an exemption from the provision that requires current certification. The applicant must demonstrate compliance with all other requirements of this rule. An applicant formerly certified by The Florida Bar, but whose certificate was revoked, is ineligible for this exemption.

[Revised: 01/01/2006]