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Board of Governors Meeting Preview – September 2023

The following items are up for action or discussion at the September 8, 2023, meeting of the Board of Governors; changes may occur before the meeting. Please contact your board representative(s) if you have any input or questions. Read The Florida Bar News for additional details.

The board is expected to discuss numerous Rules Committee proposals to amend various rules relating to CLE requirements. The proposed revisions are a reminder that new CLE requirements will begin to take effect next year as a result of a July 6 Supreme Court order, “In Re: Code for Resolving Professionalism Referrals and Amendments to Rule Regulating The Florida Bar 6-10.3,” SC2023-0884 where they adopted a new Code for Resolving Professionalism Referrals and amended the Professionalism Expectations as well as amending Bar Rule 6-10.3 (Minimum Continuing Legal Education Standards).

In the order, the Court reduced the hours a lawyer must earn every three-year reporting cycle, from 33 to 30. Justices noted the reduction restores the initial requirement when the Supreme Court first imposed mandatory CLE in 1987 and aligns lawyers with a continuing education requirement for judges. The effective date of the order is January 8, 2024. Read more about the order in The Florida Bar News.

In other business, the board will consider — on first-reading only – a Real Property, Probate & Trust Law Section proposal to remove references to “zealous” from the Rules Regulating The Florida Bar. The board could take final action later this year in December. The Supreme Court would have the final say. The RPPTL’s Professionalism and Ethics Committee formed a subcommittee in April of last year to study the issue and found that there is more often a negative treatment associated with negative behaviors and labels. The proposed amendments would remove “Z-word” references from the Preamble to Chapter 4 and comment to Rule 4-1.3 – and add a comment that offers an historical perspective.

The board will receive updates from the Board Technology Committee on two newly formed panels, a “Special Committee on Artificial Intelligence Tools & Resources,” and a “Committee on Cybersecurity and Privacy Law.” The Board Technology Committee will be coordinating the activities of the special committee. The Special Committee on Artificial Intelligence Tools & Resources will focus initially on two general areas – lawyer regulation and court-related proceedings – before refining its mission, making assignments, and establishing deadlines. The Board will also hear on first reading new commentary in several rules proposed by the Special Committee on AI Tools & Resources designed to raise lawyer awareness of the potential risk of using generative artificial intelligence, to be acted on by the Board in December.

The Cybersecurity committee’s mission includes facilitating “attorney awareness of cyber risks on a continuing basis,” and creating “best practices” guides for Bar members. Considered a panel of technical experts, the Cybersecurity committee is co-chaired by Steven Teppler and Franklin Zemel, both attorneys whose practice areas focus on cybersecurity. The committee held its first meeting August 24.

In other action, the board is expected to:

  • Recommend two attorneys to fill vacancies on the Supreme Court Judicial Nominating Commission.
  • Consider a proposed amendment to Standing Board Policy 9.10 (Authority). The proposed revision would make it clear the policy applies to voluntary Florida Bar groups.