The Florida Bar

Special Committee to Review the ABA Model Rules

The Florida Bar filed a petition on December 1, 2004, (case number SC04-2246) with proposed changes to Chapters 4 and 5, Rules Regulating The Florida Bar, at the recommendation of the Special Committee to Review the ABA Model Rules 2002. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs these proceedings.

Petition
Appendix A includes official notices and other bar news articles on the committee’s work
Appendix B is the full text of the rules in legislative format
Appendix C is excerpts of the rules with the rationale for changes
Appendix D is the final report of the committee
Appendix E includes various documents regarding the proposed changes

The Special Committee to Review the ABA Model Rules 2002 was created to study the changes to the ABA Model Rules of Professional Conduct adopted by the ABA House of Delegates in February 2002 from recommendations of the American Bar Association Ethics Commission 2000. Building on the work of the Ethics 2000 Review panel, this committee’s charge was to analyze the changes to the ABA Model Rules of Professional Conduct, compare them with existing Rules Regulating The Florida Bar, and consider whether The Florida Bar should adopt the recommended changes. The primary concern in analyzing the changes to the ABA Model Rules of Professional Conduct should be protecting the public and maintaining the core values of the legal profession.

The committee wrote an interim report for comment by Florida Bar members before making a final recommendation to The Florida Bar Board of Governors.

Questions regarding the committee’s work should be sent to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson St., Tallahassee, Florida, 32399-2300 or call 850-561-5780.

Adele I. Stone, Chair