Board of Governors Meeting Preview - July 2025

The following items are up for action or discussion at the July 18, 2025, meeting of the Board of Governors as of today; changes may occur before the meeting. Please contact your Board representative(s) if you have any input or questions.

On the Board of Governors agenda is the review of the new discipline rule and amendments from the Florida Supreme Court with an August 19 deadline for public comment. The court also asked that requests to participate in oral argument be filed separately.

The new Rule 3-5.3 (Emergency Suspension and Interim Probation) was adopted on June 5 by the Supreme Court, on its own motion, in case No. SC2025-0727, allowing for the interim suspension of attorneys charged with felonies that reflect adversely on their fitness to practice.

The Court also amended Rule 3-5.2 (Emergency Suspension and Interim Probation) to remove what is now addressed in new Rule 3-5.3, and renumber former Rules 3-5.3 (Diversion of Disciplinary Cases to Practice and Professionalism Enhancement Programs) and 3-5.4 (Publication of Discipline) accordingly. The amendments become effective December 5.

The Board will be considering a Rules Committee proposal to file a “comment in opposition” to a proposal from Florida Attorney General Uthmeier to create a new pathway for out-of-state attorneys to temporarily practice law in Florida government. The proposal would permit certain state government lawyers to acquire certification to practice law in Florida for up to three years while employed by or mentored by a Florida Bar member.

Supporters say the proposal would address staff shortages and ease barriers for experienced lawyers seeking public service. Those in opposition expressed a concern that participants would be directly certified by the Florida Supreme Court, and not required to take the bar exam or undergo a character and fitness evaluation by the Florida Board of Bar Examiners.

The Board will also consider a proposed amendment to Rule 3-7.11 (General Rule of Procedure) that would prohibit current members of the Board of Governors, grievance committee members, and Florida Bar employees from voluntarily testifying as character witnesses in disciplinary proceedings. The proposal was prompted by a recent incident in which a respondent called two grievance committee members as character witnesses for a sanctions hearing. If the board approves, the proposal would be forwarded to the Supreme Court for a final determination.

In other business, the Board will consider a proposed amendment to Fee Arbitration Procedural Rule IV (Hearings) adding a new subdivision (b) that would create a new procedure for voluntary mediation — except in cases in which the Supreme Court has ordered fee arbitration.

The amendment was proposed by a member of the Standing Committee on Grievance Mediations and Fee Arbitration who noticed that some parties were asking arbitrators to mediate fee disputes, although arbitrators are not permitted to do so. A pilot program the standing committee implemented last fiscal year resulted in about half of the scheduled arbitration hearings settling by mediation.

The Board will also weigh a proposed revision to Bylaw 2-8.1 (Establishment and Appointment of Committees). The Rules Committee proposal would add a requirement that the Bar president remove a committee member who misses more than half of committee meetings in a single year “without good cause.” Sponsors note that there are “numerous” committee members who are not active and miss a majority of meetings, and that unexcused absences raise “quorum issues.”

In other business, the Board of Governors will consider:

• Seven legislative requests from four sections, and five legislative advising services agreements from sections on the Consent Calendar under the Legislative Committee.
• Nominations for UPL Circuit Committees and FRP District Committees.
• Approval, at the Supreme Court’s request, of a series of revisions to Professionalism Expectations 1.9, 1.11, 2.4, 3.11, 4.9, 4.10, 4.20, 5.1, and 6.10. The revisions were proposed by two Naples attorneys, Edward K. Cheffy, and Laird Lile, the latter a former member of the Board of Governors. For example, Professionalism Expectation 1.4 would state: “In all representations, a lawyer should avoid charging unnecessary expenses to the client.”
• Appointing Dr. James L. Moran, Jr., as a public member to UPL Circuit Committee 2; Deanna Ricci as a public member to UPL Committee 9A; and Demian S. Serianni as an attorney member to UPL Committee 9B.