What is the history of this requirement?
The Supreme Court requires most Florida Bar members to name another Florida Bar member to serve as an inventory lawyer should the original lawyer suddenly become unable to practice law. The rule, which took effect January 1, 2006, protects the interests of clients if their lawyer cannot or will not do so.
Inventory lawyers take possession of the files of a Florida Bar member who dies, disappears, is disbarred or suspended, becomes delinquent, or suffers involuntary leave of absence due to military service, and no other responsible party capable of conducting the member’s affairs is known. The inventory lawyer reviews the files to determine which clients need services and notifies those clients of their lawyer’s unavailability and their legal services needs. The inventory lawyer may give the file to a client to find substitute counsel; make referrals to substitute counsel with the agreement of the client; or accept representation of the client. An inventory lawyer is not required to represent the clients.
The Bar will contact designated inventory lawyers if the need arises to ask their willingness to serve as an inventory lawyer.
Designated inventory lawyers will be contacted when the need arises and will be asked to serve. Because circumstances change, the designated inventory lawyer is not required to serve.
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Who must designate an inventory lawyer?
All Florida Bar members who practice in Florida (regardless of whether they live or primarily practice outside of Florida) must name an inventory lawyer, even if they have only one client (for example, an in-house counsel).
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Who is not required to designate an inventory lawyer?
Florida Bar members who live in another state and do not practice at all in Florida are not required to designate an inventory lawyer, even if the nonresident members are eligible to practice law in Florida.
Florida judges and other members who are precluded from practicing law by statute or rule are not required to designate.
Florida resident members engaged in other occupations, even if eligible to practice law in Florida, are not required to designate.
While Florida Bar members who are working as in-house counsel must designate an inventory lawyer, individuals certified as Authorized House Counsel do not have to designate an inventory lawyer.
Florida Bar members who have chosen inactive status do not have to designate an inventory lawyer.
Florida Bar members who are government employees and who do not engage in any private practice of law in Florida are not required to designate an inventory lawyer.
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Who may be designated as an inventory lawyer?
Only other Florida Bar members may be designated as inventory lawyers.
Designated inventory lawyers must be eligible to practice law in Florida. They are not required to be practicing, only that they be eligible to do so.
Resident and nonresident Florida Bar members may be designated as inventory lawyers.
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How are inventory lawyers appointed?
When the need for an inventory lawyer arises, bar counsel verifies that the designated inventory lawyer is eligible to practice law in Florida and contacts the designated inventory lawyer. If the designee agrees to serve, bar counsel will file a petition with the local circuit court for appointment of the inventory lawyer and secure an order of appointment, or will help the designee do so.
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How often must I make a designation?
Once a designation is made, another designation is not required unless the originally designated inventory lawyer is no longer willing to serve. Florida Bar members may change their designation as often as necessary via their individual member portal.
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I am a Florida Bar member practicing in Florida. I have tried to obtain someone willing to serve as my designated inventory lawyer, but I am not able to do so. What do I do?
You cannot require another Florida Bar member to serve as your designated inventory lawyer. If, after reasonable efforts, you are unable to obtain a volunteer, let the Bar know via email. You will receive a response acknowledging your efforts, requesting you to make periodic new attempts to designate, and advising you that no enforcement action will be undertaken, based on your representations.
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