UPL – Formal Advisory Opinions
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Rule 10-9.1 of the Rules Regulating The Florida Bar allows the Standing Committee on Unlicensed Practice of Law to issue proposed formal advisory opinions concerning activities which may constitute the unlicensed practice of law. Requests for advisory opinions must be in writing and should be sent to The UPL Department at the Bar’s headquarters address in Tallahassee. The request for an advisory opinion must state all operative facts and ask whether the activity constitutes the unlicensed practice of law. Rule 10-9.1(a)(2) defines petitioner as an individual or organization seeking guidance as to the applicability of the prohibitions against the unlicensed practice of law.
No opinion may be rendered with respect to any case or controversy pending in any court or tribunal in Florida, except in limited circumstances, and no informal opinions shall be issued. Rule 10-9.1(c). The proposed advisory opinion is only an interpretation of the law and does not constitute final court action. If the Standing Committee agrees to accept the request for a formal advisory opinion, notice will be published and a public hearing will be held. At the hearing, the committee will take testimony from all interested individuals. Written testimony may also be submitted prior to the hearing. The holding of a hearing does not guarantee the issuance of a proposed formal advisory opinion.
After the hearing, the Standing Committee will vote on whether to issue a proposed formal advisory opinion and on the substance of the opinion. If the Standing Committee finds that the conduct constitutes the unlicensed practice of law, the proposed formal advisory opinion is filed with the Supreme Court of Florida. If the Standing Committee finds that the conduct does not constitute the unlicensed practice of law, the Standing Committee may publish the opinion in the Florida Bar News or the committee may file the proposed opinion with the Supreme Court of Florida.
The petitioner and any interested party may file a brief or memorandum in response to the proposed formal advisory opinion. The Standing Committee is given an opportunity to reply. Oral argument may be allowed at the Court’s discretion. The Court will approve, modify, or disapprove the proposed advisory opinion and the Court’s opinion will have the force and effect of an order of the Court.