The Florida Bar

March 2023 Meeting Summary

The Florida Bar Board of Governors met on March 3, 2023, in St. Louis, MO. Major actions and reports received included:

PROPOSED CIVIL PROCEDURE RULE ON LIMITED APPEARANCE ATTORNEYS

The board voted to recommend acceptance of a Civil Procedure Rules Committee proposal to adopt new Rule 1.041 (Limited Appearance Attorneys). Proposed Civil Procedure Rule 1.041 would state, in part, “An attorney may file a notice of limited appearance specifically limiting the attorney’s appearance to particular proceedings or specified matters.” Proposed subdivisions would require the limited appearance attorney to notify all parties of such things as the scope of his or her representation, and the hearings that he or she will not be attending because they are outside of that scope. A proposed subdivision (e) would require that termination of the limited appearance be “in accordance with Florida Rule of General Practice and Judicial Administration 2.505.” The Supreme Court will make the final determination.

PROPOSED FAMILY LAW RULE

The board voted to recommend acceptance of Family Law Rules Committee proposed amendments to Rule 12.140 (Responses). The proposed amendments would add a subdivision (g) that addresses procedures for striking “sham” or “frivolous” pleadings. The proposal would remove Rule 12.150 (Sham Pleadings) in its entirety. The Supreme Court will make the final determination.

EMERGENCY SUSPENSION RULE AMENDMENTS

The board voted to amend a Disciplinary Procedure Committee proposed comment to a February 8 Supreme Court order. The Supreme Court proposed amendments to Bar Rule 3-5.2 that would allow a felony charge against a lawyer to “constitute clear and convincing evidence that the lawyer’s continued practice of law would cause great public harm.” The proposed amendments would allow the emergency suspension of lawyers facing felony charges, where the charges reflect adversely on the lawyer’s fitness to practice law.

The Disciplinary Procedure Committee proposed a comment in which the Bar would take no position. The board voted to file a comment opposing the proposed amendments. The comment would also ask justices that if the Court adopts the proposed amendment, they add the Bar’s suggested language. Read more in The Florida Bar News.

In other business, the board:

  • Voted to add “eNotaryLog,” the remote, online notarization and electronic signature solutions, to The Florida Bar Member Benefits Program.
  • Voted to appoint former 12th Judicial Circuit Judge Kimberly C. Bonner to the Florida Rural Legal Services, Inc. Board of Directors.

Important Links and Reminders

LIFE’S LEGAL MOMENTS – PUBLIC EDUCATION CAMPAIGN

Hiring a lawyer for important legal moments in life will alleviate stress, saves time and money, and increases the chances for more favorable results. But unfortunately, many Floridians attempt to handle legal matters alone or depend on the advice of family and friends, but the risks can be significant. Head to FloridaLawyersCanHelp.com to learn more or to access the partner toolkit with graphics and videos to share with your networks.

LEGALFUEL PRACTICE RESOURCES

LegalFuelLegalFuel provides a playbook on how to be profitable as a practicing attorney in the real world. Whether you want to start a new firm, better market your services or improve your operational management, LegalFuel can give you the tools to fuel your business.

FLORIDA LAWYERS HELPLINE

Florida Lawyers Helpline Member Benefit BannerThe Florida Bar mental health helpline (1-833-351-9355) is a free and confidential service that connects members with professional counselors. There’s no cost for calls to the hotline and you may be referred for up to five free counseling sessions per year to help you develop strategies to overcome life’s challenges, balance priorities, and better handle both personal and professional pressures.