The Florida Bar Board of Governors met on January 27, 2023, in Tallahassee. Major actions and reports received included:
REPORTS FROM THE COURTS AND CLERKS
Florida Supreme Court Chief Justice Carlos Muñiz addressed the Board and shared the Court’s legislative priorities focused on trial courts’ needs, such as court interpreters, staff attorneys, case managers, and IT support, and raises for Florida’s trial court judges. Read about his statements and more in The Florida Bar News.
In addition, Florida Court Clerks & Comptrollers President Carolyn Timmann presented to the board and stated that her members are eager to work with The Florida Bar, judicial conferences, and other justice partners to advocate for a strong third branch during legislative session.
PROPOSED RULE CHANGES
The Board Review Committee on Professional Ethics is continuing to weigh whether a Florida lawyer may be a passive investor in an alternative business structure (ABS) in another state that allows nonlawyer ownership of law firms. Alternative business structures are prohibited in Florida, but under current Arizona law, they are legal – so long as the investors are not involved in providing the legal services. The inquirer has requested to present additional information to the committee.
In an unrelated ethics matter, the board voted to approve Board Review Committee on Professional Ethics proposed amendments to Rule 4-7.15 (Unduly Manipulative or Intrusive Advertisements), and Rule 4-7.13 (Deceptive and Inherently Misleading Advertisements) to allow a lawyer to use a testimonial of a celebrity who is a current or former client if the testimonial complies with the requirements of subchapter 4-7. The proposed changes go next to the Supreme Court for final consideration.
The board also approved a proposed rule amendment to Bar Rule 1-3.3 (Official Bar Name and Contact Information) requiring Florida attorneys to report other jurisdictions where they are licensed to practice law. The new subdivision would state “Each member of The Florida Bar must notify The Florida Bar of all other states, including the District of Columbia, in which that member is licensed to practice law.”
BAR INITIATIVES
In other business, the Communications Committee reported that The Special Committee on Mentoring New Lawyers has developed a cutting-edge mentoring program for beginning lawyers with less than three years of experience who work in firms of three or fewer lawyers expected to launch at the Annual Florida Bar Convention in June. Communications will assist in the program’s promotion and recruitment of mentors and mentees.
President Lesser urged board members to share with their networks the “Life’s Legal Moments” materials that help educate members of the public on when they could benefit from hiring a lawyer. The initiative was developed after a June 2022 survey that found three in four Floridians consider the state’s legal system difficult to navigate. The program is focused on helping Floridians understand the value attorneys offer as trusted legal advisors during particularly important and challenging life events.