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.