The Florida Bar

May 2023 Meeting Summary

The Florida Bar Board of Governors met on May 12, 2023, in Naples. Major actions and reports received included:

Senate President Kathleen Passidomo briefed the Board of Governors on the recent Legislative Session and told the Board of Governors the Legislature considers the Bar a valuable partner. She pointed to a record $117 billion proposed state budget for FY 2023-24 that calls for fully funding many third-branch priorities.

The Board of Governors voted in favor of expanding the use of “communications technology” for routine criminal matters, recommending acceptance of a Criminal Procedure Rules Committee proposed amendment to Rule 3.116. The amendment would require a judge to permit parties to appear remotely in non-evidentiary hearings that last 30 minutes or less, absent a showing of good cause. It goes next to the Supreme Court for a final determination.

The board approved a “Standing Committee on Mentoring New Lawyers,” a “Board Committee on Artificial Intelligence Tools & Resources,” and a “Standing Committee on Cybersecurity and Privacy Law.” The Standing Committee on Cybersecurity and Privacy Law is believed to be a first for any integrated bar. Read more in the Bar News.

The Board Review Committee on Professional Ethics voted in favor of proposed Bar rule amendments to address possible threats from an attorney toward other licensed professionals. The proposed amendment to Florida Bar Rule 4-3.4 (Fairness to Opposing Party and Counsel) adds a subdivision (i) stating that a lawyer must not “present, participate in presenting, or threaten to present administrative charges solely to gain an advantage in a civil matter.” The proposed amendment to Rule 4-4.4 (Respect for the Rights of a Third Person) would add language to subdivision (a) stating, in part, that a lawyer may not use “means that have no substantial purpose” to embarrass, delay, or burden a third person. The proposed amendments go next to the Rules Committee for further review.

The Rules Committee was scheduled to present proposed amendments to Rule 11-1.8 (Practice After Graduation), but postponed the presentation to give the Florida Board of Bar Examiners more time to review it.

In other business, the Board of Governors elected three members to serve on the Bar’s Executive Committee, a select panel empowered to act for the board between meetings. The members elected were W. Braxton Gillam IV, Edward “Duffy” Myrtetus, and Tad A. Yates. These members will join Sia Baker-Barnes, Brian Burgoon, Paige Greenlee, Jay Kim, Michael Orr, Anisha Patel, Melissa VanSickle, Greg Weiss and Tom Wert on the committee for 2023-24.