The Florida Bar

October 2022 Meeting Summary

Report from BOG

The Florida Bar Board of Governors met virtually on October 24, 2022, after postponing the in-person meeting due to Hurricane Ian.

President Gary Lesser began the meeting expressing condolences and sympathy for the victims of Hurricane Ian and praising the many Bar members who rushed to their aid. He added that the Young Lawyers Division deserves special praise for raising donations, delivering relief supplies, and organizing and staffing legal hotlines.

Major actions and reports received included:

MENTORING

The Board heard a report from the Special Committee on Mentoring New Lawyers that has been charged with creating a program for lawyers with three or less years of experience and who work in firms of three or fewer attorneys. The committee has chosen a vendor that offers app-based mentoring for Fortune 500 companies, and the committee is designing a curriculum that will guide participants through “milestones,” such as career planning, lawyer/client relationships, lawyer advertising, and local civic and charitable service. The committee will offer more details when the board meets in December on Amelia Island. 

ADVERTISING

In other business, the board voted to reverse a decision of the Standing Committee on Advertising and reinstate a staff opinion that a North Florida law firm’s TV ads, which feature child actors portraying insurance agents, are not permissible under Bar rules. The ads depict the agents being intimidated by the law firm’s tough reputation, and feature a firm lawyer stating, “remember the name that they don’t want to hear: [the name of the firm].” Bar staff determined the ads are “inherently deceptive or misleading and impermissible under Bar Rule 4-7.13(a), and a comparison of a lawyer’s services that “could not be objectively verified” in violation of Rule 4-7.13(b)(3). The Standing Committee on Advertising had previously voted 6-0 to overturn the original staff opinion after the advertising firm agreed to remove a line of dialogue in which an agent says — “let’s do our best to settle.” Following a recommendation of the Board Review Committee on Professional Ethics, the Board of Governors determined that the Standing Committee on Advertising decision conflicted with a prior decision of the Board of Governors’ and affirmed staff’s original opinion finding the depiction impermissible.

HURRICANE IAN RELIEF

YLD President Iris Elijah urged Bar members to continue contributing to hurricane relief efforts. Lawyers are especially needed to help answer landlord/tenant questions and those willing to volunteer their time and legal experience may visit The Florida Bar YLD’s website for more information and to .

RULES

In other business, the board voted to accept the following:

  • A Civil Procedure Rules Committee proposal to amend Rule 1.110 (General Rules of Pleading). The proposed amendment would “require pleadings with affirmative defenses to contain a short and plain statement of the ultimate facts supporting the affirmative defense,” according to a staff analysis.
  • A Family Law Rules Committee proposal to amend Form 12.975(a) (Petition for Grandparent Visitation with Minor Children), Form 12.975(b) (Petition for Grandparent Visitation with Minor Children When One Parent Has Been Found Criminally or Civilly Liable for the Death of the Other Parent), and Form 12.975(c) (Order on Grandparent Petition for Visitation with Minor Children). The proposed amendments were prompted by recent legislation.

UPCOMING APPOINTMENTS

The Board of Governors is seeking applicants for the following vacancies to be filled:

IMPORTANT LINKS AND REMINDERS

President Gary S. Lesser talks about the  and how it can help you. The Helpline, provided by an outside company called CorpCare, offers 24/7 mental health support and is completely free and confidential. All Florida lawyers and Registered Paralegals can receive up to five counseling sessions yearly, as well as a financial planning consultation and referrals for work-life services (e.g., career coaching, caregivers, nutrition advice, pregnancy support). !