Opinion 87-11 (Reconsidered)
FLORIDA BAR ETHICS OPINION Opinion 87-11 (Reconsideration) June 27, 2014 Advisory ethics opinions are not binding. A lawyer may permit a nonlawyer to place the lawyer’s signature on solely electronic documents as permitted by Florida Rule of Judicial Administration 2.515 and only after reviewing and approving the document to be signed and filed. The lawyer remains responsible for the document. RPC: Opinions: Cases: Misc.: 4-5.3(c) 87-11 In re Amendments to the Florida Rules of Civil Procedure et al., 102 So.3d 451 (Fla. 2012); In re Amendments to the Florida Rules of Judicial Administration et al., 102 So.3d 505 (Fla. 2012) Fla.R.Jud.Adm. 2.515 A Florida Bar member has asked the committee to reconsider Florida Ethics Opinion 87-11, in light of recent changes to Rule of Judicial Administration 2.515 regarding electronic signatures. In Florida Ethics Opinion 87-11, the committee opined that “an attorney should not under any circumstances permit nonlawyer employees to sign notices of hearing” citing the lawyer’s obligation to comply with rules of court and to avoid assisting in the unlicensed practice of law. Since that opinion was written, the Supreme Court of Florida has required that all documents be filed electronically. In re Amendments to the Florida Rules of Civil Procedure et al., 102 So.3d 451 (Fla. 2012). Subsequent to that order, the Rules of Judicial Administration were amended to address electronic signatures. In re Amendments to the Florida Rules of Judicial Administration et al., 102 So.3d 505 (Fla. 2012). New Rule of Judicial Administration 2.515 states as follows: (a) Attorney Signature. Every pleading and other document of a party represented by an attorney shall be signed by at least 1 attorney of record in that attorney’s individual name whose current record Florida Bar address, telephone number, including area code, primary e-mail address and secondary e-mail addresses, if any, and Florida Bar number shall be stated, and who shall be duly licensed to practice law in Florida or who shall have received permission to appear in the particular case as provided in rule 2.510. The attorney may be required by the court to give the address of, and to vouch for the attorney’s authority to represent, the party. Except when otherwise specifically provided by an applicable rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by the attorney that the attorney has read the pleading or other document; that to the best of the attorney’s knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other document had not been served. (b) Pro Se Litigant Signature. A party who is not represented by an attorney shall sign any pleading or other paper and state the party’s address and telephone number, including area code. (c) Form of Signature. (1) The signatures required on pleadings and documents by subdivisions (a) and (b) of this rule may be: (A) original signatures; (B) original signatures that have been reproduced by electronic means, such as on electronically transmitted documents or photocopied documents; (C) electronic signatures using the “/s/,” “s/,” or “/s” formats by or at the direction of the person signing; or (D) any other signature format authorized by general law, so long as the clerk where the proceeding is pending has the capability of receiving and has obtained approval from the Supreme Court of Florida to accept pleadings and documents with that signature format. * * * In light of the new rule of judicial administration, the committee is of the opinion regarding electronic signatures alone that a lawyer may permit a nonlawyer employee to affix the lawyer’s electronic signature using the format indicated by subdivision (c)(1)(C) above. The committee cautions that although the lawyer may delegate the electronic signing of the document under the rule of judicial administration, the lawyer must “review and be responsible for the work product” as required by Rule 4-5.3(c). Thus, lawyers may only direct a nonlawyer to affix the electronic signature permitted by the rule after reviewing and approving the document to be filed. The committee’s conclusion in Florida Ethics Opinion 87-11, that generally a nonlawyer may not sign pleadings, otherwise remains unchanged.