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Proposed board actions

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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 items at its May 26, 2017,meeting in Key West, Florida. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, amendments to the rules 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. Approval of procedural rules and policies is final on board action. 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 Kelly Berglund at 850-561-5751. Reference any requested proposal by its title or item number and date of this publication.

Final Action

Chapter 14 Grievance Mediation and Fee Arbitration
RULE 14-7.1 IMMUNITY AND CONFIDENTIALITY
Nonsubstantive changes conform the rule to the Court’s style guide.

Fee Arbitration Procedural Rules
RULE II. SELECTION OF ARBITRATORS
Within Rule II(a), describes when a party may withdraw consent to arbitrate.

RULE III. RECORD OF PROCEEDINGS
Within Rule III, clarifies that the arbitrator or panel will be provided with a copy of a transcript of the proceedings within 4 days if transcribed.

RULE IV. HEARINGS
Within subdivision (a) of Rule IV, adds facsimile and electronic transmittals to the types of acceptable service of the notice of hearing.  Within subdivision (d) of Rule IV, requires communications with arbitrator or panel to be furnished simultaneously to all parties.

Board of Legal Specialization and Education Policies
BLSE Policy 1.02 Administrative Procedure
This amendment adds subdivision (i) regarding reasons for a recusal and the process.

BLSE Policy 5.10 Individual Credit Approval Guidelines
Amends subsection “f” and “g” to award 11 general credit hours and 1 technology credit hour for each full year of service during the applicable 3-year CLER reporting cycle for legislative and executive branch service.

Regulations of the Clients’ Security Fund
Clients’ Security Fund Regulation E
Within subdivision (4), deletes the requirement that annual publication be in the Bar Journal.

First Reading

RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.7  REINSTATEMENT TO MEMBERSHIP
Within subdivision (c), changes 10 hours to 11 hours for the number of continuing legal education hours required for each year or partial year of retirement or delinquency.

Chapter 4 Rules of Professional Conduct
RULE 4-1.10  IMPUTATION OF CONFLICTS OF INTEREST; GENERAL RULE
Removes commentary regarding imputation of conflicts when a lawyer changes firms and changes commentary titles.

Standing Board Policy
STANDING BOARD POLICY 5.52 Section Officers and Executive Council Membership
Standing Board Policy 5.52, regarding election of section officers and executive council, is deleted in its entirety.

Board of Legal Specialization and Education Policies
BLSE Policy 5.10 Individual Credit Approval Guidelines
The amendment in subsection (j) corrects the title, “The Florida Board of Bar Examiners” and adds the clarification that any lawyer may receive CLE credit for preparing and grading the Florida Bar exam, not just those on the Florida Board of Bar Examiners.

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