Florida Bar rules proposals
The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about January 3, 2025, a petition to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is below. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments must 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.
RULE 1-3.6 DELINQUENT MEMBERS
Reorganizes rule into types of delinquency and effects of delinquency. Under types of delinquency, adds timeliness requirement and adds nonpayment of all assessed costs to delinquency.
RULE 1-3.10 APPEARANCE BY NON-FLORIDA LAWYER IN A FLORIDA COURT
Adds new subdivision (e) requiring lawyers admitted pro hac vice to annually report to the bar the status of cases (closed or pending), report to the bar within 30 days when a case in which a lawyer is admitted pro hac concludes or the lawyer withdraws from representation, and report to the bar when a lawyer withdraws from a case in which the lawyer is admitted pro hac vice within 30 days.
RULE 1-3.11 APPEARANCE BY NON-FLORIDA LAWYER IN AN ARBITRATION PROCEEDING IN FLORIDA
Deletes fee information from subdivision (e)(6). Adds new subdivision (f) requiring the lawyer to pay a nonrefundable fee on application and an annual nonrefundable renewal fee. Adds new subdivision (g) requiring lawyers appearing in arbitration proceedings to annually report to the bar the status of cases (closed or pending), report to the bar when an arbitration in which a lawyer is appearing concludes within 30 days, and report to the bar when a lawyer withdraws from a case in which the lawyer is appearing within 30 days.
RULE 1-7.3 MEMBERSHIP FEES
Within subdivision (b), removes proration of fees and substitutes that new members admitted between July 1 of each year and March 31 of the following year must pay the full year of membership fees within 60 days of admission and new members admitted between April 1 and June 30 of each year pay no membership fees for that fiscal year.
RULE 1-3.6 DELINQUENT MEMBERS
(a) Types of Delinquency. Any person licensed to practice law in Florida is deemed a delinquent member if the member fails to:
(a)(1) timely pay membership fees and all other assessed fees and costs;
(b)(2) comply with continuing legal education or basic skills course requirements;
(c)(3) pay the costs assessed in diversion or disciplinary cases within 30 days after the disciplinary decision or diversion recommendation becomes final, unless the time is extended by the board of governors for good cause shown;
(d)(4) make restitution imposed in diversion cases or disciplinary proceedings within the time specified in the order in those cases or proceedings;
(e)(5) pay fees imposed as part of diversion for more than 30 days after the diversion recommendation became final, unless the time is extended by the board of governors for good cause shown; or
(f)(6) pay an award entered in fee arbitration proceedings conducted under the authority stated elsewhere in these rules and 30 days or more have elapsed since the date on which the award became final; or
(g)(7) file the trust account certificate required in chapter 5 of these rules.
(b) Effect of Delinquency. Delinquent members are not members of The Florida Bar in good standing and therefore are prohibited from engaging in the practice of law in Florida and are not entitled to any privileges and benefits accorded to members of The Florida Bar in good standing.
RULE 1-3.10 APPEARANCE BY NON-FLORIDA LAWYER IN A FLORIDA COURT
(a) Non-Florida Lawyer Appearing in a Florida Court. A practicing lawyer of another state may be permitted to practice as allowed by the Florida Rules of General Practice and Judicial Administration regarding foreign attorneys. That lawyer must also comply with this rule.
(1) Application of Rules Regulating The Florida Bar. Lawyers permitted to appear by this rule are subject to these Rules Regulating The Florida Bar while engaged in the permitted representation.
(2) General Practice Prohibited. Non-Florida lawyers are not permitted to engage in a general practice before Florida courts. For purposes of this rule more than 3 appearances within a 365-day period in separate representations is presumed to be a “general practice.”
(3) Effect of Professional Discipline or Contempt. Non-Florida lawyers who have been disciplined or held in contempt or misconduct committed while engaged in representation that is permitted by this rule will afterwards be denied admission under this rule and the applicable provisions of the Florida Rules of General Practice and Judicial Administration.
(b) Lawyer Prohibited From Appearing. No lawyer is authorized to appear under this rule or the Florida Rules of General Practice and Judicial Administration if the lawyer is prohibited by or fails to comply with any requirement imposed by the Florida Rules of General Practice and Judicial Administration regarding foreign attorneys.
(c) Content of Verified Motion for Leave to Appear. Any motion filed under the Florida Rules of General Practice and Judicial Administration relating to foreign attorneys must comply with all requirements set forth in those rules.
(d) Nonrefundable Fee. The pro hac vice motion filed and served on The Florida Bar must be accompanied by a nonrefundable fee made payable to The Florida Bar. The lawyer granted pro hac vice admission before any court in Florida must pay an annual nonrefundable renewal fee each year after the initial filing for each year that lawyer is admitted pro hac vice before any court in Florida. The initial nonrefundable pro hac vice fee, the annual nonrefundable renewal fee, and the date on which the annual renewal fee must be paid will be set by the bar’s executive director as approved by the Board of Governors. The Florida Bar will provide the Florida Supreme Court with 30 days’ notice prior to the effectiveness of any increase in the amount of a nonrefundable fee or of the imposition of any new fee.
(e) Reports to The Florida Bar. The lawyer admitted pro hac vice under this rule must report to The Florida Bar within 30 days of the lawyer withdrawing from representation in the proceedings or the proceedings concluding. The lawyer admitted pro hac vice under this rule must report to The Florida Bar annually the lawyer’s pro hac vice status on a form and by a date approved by The Florida Bar.
Comment
Subdivision (a)(2) defines and prohibits the general practice before Florida courts by non-Florida lawyers. For purposes of this rule, an “appearance” means the initial or first appearance by that non-Florida lawyer in a case pending in a Florida court, and includes appearing in person or by telephone in court or filing a pleading, motion or other document with the court. A non-Florida lawyer making an appearance in a Florida court is required to comply with Fla. R. Gen. Prac. & Jud. Admin. 2.510.
This rule does not prohibit a non-Florida lawyer from participating in more than 3 cases during any 365-day period; instead, it prohibits a non-Florida lawyer from making an initial or first appearance in more than 3 cases during any 365-day period.
Example: The following example illustrates the application of this rule to a non-Florida lawyer’s appearances. Assume for this example that a lawyer licensed to practice in Georgia only has been admitted pro hac vice under with Fla. R. Gen. Prac. & Jud. Admin. 2.510 in 3 separate Florida cases on the following dates: January 10, 2008; February 3, 2008; and February 20, 2008.
(1) In this example, the lawyer would be prohibited from seeking to appear pro hac vice under with Fla. R. Gen. Prac. & Jud. Admin. 2.510 in another separate representation until the expiration of the 365-day period from the oldest of the 3 appearances (i.e., until January 10, 2009).
(2) In this example, the lawyer would be permitted under this rule to seek to appear pro hac vice in a new case on January 10, 2009 even if the 3 cases in which that lawyer made an appearance are still active.
(3) In this example, the lawyer could seek to appear pro hac vice in yet another new case on February 3, 2009. The fact that the lawyer’s cases in which that lawyer appeared on January 10, 2008, February 3, 2008, February 20, 2008, and January 1, 2009 are still active would not prohibit that lawyer from seeking to appear in the new case on February 3, 2009, because, as of that date, the lawyer would have only made an initial appearance in 2 prior cases within that preceding 365-day period (i.e., on February 20, 2008 and January 1, 2009). Thus, under this rule, a non-Florida lawyer could have pending more than 3 cases for which that lawyer has appeared at any given time, as the restriction on general practice relates to the making of an initial appearance within a 365-day period and not to whether any case is still active following the expiration of 365 days.
(4) Similarly, in the above example, if the non-Florida lawyer’s 3 cases are all resolved by April 1, 2008, that lawyer would still be prohibited from seeking to make a new appearance until the expiration of the oldest of the 3 prior appearances (i.e., until January 10, 2009).
This comment’s purpose is to explain what constitutes an “appearance” under this rule and how to calculate the number of appearances in any 365-day period. This comment and the rule itself do not require a Florida court to grant any specific request to appear under with Fla. R. Gen. Prac. & Jud. Admin. 2.510 if the non-Florida lawyer meets the requirements of subdivision (a)(2). Whether a non-Florida lawyer may appear in a case under with Fla. R. Gen. Prac. & Jud. Admin. 2.510 is within the discretion of the court.
This rule does not apply to appearances in federal courts sitting in Florida, as appearances before each of those courts are regulated by the rules applicable to those courts. Further, an appearance in a federal court sitting in Florida does not constitute an “appearance” as contemplated by subdivision (a)(2), because subdivision (a)(2) applies only to appearances before Florida state courts.
RULE 1-3.11 APPEARANCE BY NON-FLORIDA LAWYER IN AN ARBITRATION PROCEEDING IN FLORIDA
(a) Non-Florida Lawyer Appearing in an Arbitration Proceeding in Florida. A lawyer currently eligible to practice law in another United States jurisdiction or a non-United States jurisdiction may appear in an arbitration proceeding in this jurisdiction if the appearance is:
(1) for a client who resides in or has an office in the lawyer’s home state; or
(2) where the appearance arises out of or is reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice; and
(3) the appearance is not one that requires pro hac vice admission.
SuchThe lawyer shallmust comply with the applicable portions of this rule and of rule 4-5.5.
(b) Lawyer Prohibited from Appearing. No lawyer is authorized to appear pursuant tounder this rule if the lawyer:
(1) is disbarred or suspended from practice in any jurisdiction;
(2) is a Florida resident;
(3) is a member of The Florida Bar but ineligible to practice law;
(4) has previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation permitted pursuant tounder this rule;
(5) has failed to provide notice to The Florida Bar or pay the filing fee as required by this rule, except that neither notice to The Florida Bar nor a fee shall beis required for lawyers appearing in international arbitrations; or
(6) is engaged in a “general practice” as defined elsewhere in these rules.
(c) Application of Rules Regulating the Florida Bar. Lawyers permitted to appear by this rule shall beare subject to these Rules Regulating the Florida Bar while engaged in the permitted representation, including, without limitation, rule 4-5.5.
(d) General Practice Prohibited. Non-Florida lawyers shallare not be permitted to engage in a general practice pursuant tounder this rule. In all arbitration matters except international arbitration, a lawyer who is not admitted to practice law in this jurisdiction who files more than 3 demands for arbitration or responses to arbitration in separate arbitration proceedings in a 365-day period shall beis presumed to be engaged in a “general practice.”
(e) Content of Verified Statement for Leave to Appear. In all arbitration proceedings except international arbitrations, prior to practicing pursuant to this rule, theThe non-Florida lawyer shallmust file a verified statement with The Florida Bar and serve a copy of the verified statement on opposing counsel, if known, before practicing under this rule in all arbitration proceedings except international arbitrations. If opposing counsel is not known at the time the verified statement is filed with The Florida Bar, the non-Florida lawyer shallmust serve a copy of the verified statement on opposing counsel within 10 days of learning the identity of opposing counsel. The verified statement shallmust include:
(1) a statement identifying all jurisdictions in which the lawyer is currently eligible to practice law including the attorney’slawyer’s bar number(s) or attorney number(s) for each jurisdiction;
(2) a statement identifying by date, case name, and case number all other arbitration proceedings in which the non-Florida lawyer has appeared in Florida in the preceding 5 years; however, if the case name and case number are confidential pursuant to an order, rule, or agreement of the parties, this information does not need to be provided and only the dates of prior proceedings must be disclosed;
(3) a statement identifying all jurisdictions in which the lawyer has been disciplined in any manner in the preceding 5 years and the sanction imposed, or in which the lawyer has pending any disciplinary proceeding, including the date of the disciplinary action and the nature of the violation, as appropriate;
(4) a statement identifying the date on which the legal representation at issue commenced and the party or parties represented; however, if the name of the party or parties is confidential pursuant to an order, rule, or agreement of the parties, this information does not need to be provided and only the date on which the representation commenced must be disclosed;
(5) a statement that all applicable provisions of this rule have been read and that the verified statement complies with this rule;
(6) a certificate indicating service of the verified statement upon all counsel of record in the matter and upon The Florida Bar at its Tallahassee office accompanied by a nonrefundable $250.00 filing fee made payable to The Florida Bar; however, such fee may be waived in cases involving indigent clients; and
(7) a verification by the lawyer seeking to appear pursuant tounder this rule.
(f) Nonrefundable Fee. The application to The Florida Bar must be accompanied by a nonrefundable fee made payable to The Florida Bar. The lawyer appearing in any arbitration proceeding in Florida except international arbitrations must pay an annual nonrefundable renewal fee each year after the initial filing for each year that lawyer continues to appear in any arbitration proceeding in Florida. The initial nonrefundable application fee, the annual nonrefundable renewal fee, and the date on which the annual renewal fee must be paid will be set by the bar’s executive director as approved by the Board of Governors. The Florida Bar will provide the Florida Supreme Court with 30 days’ notice prior to the effectiveness of any increase in the amount of a nonrefundable fee or of the imposition of any new fee.
(g) Reports to The Florida Bar. The lawyer appearing under this rule must report to The Florida Bar within 30 days of the lawyer withdrawing from representation in the arbitration or the arbitration proceedings concluding. The lawyer appearing under this rule must report to The Florida Bar annually the lawyer’s status of appearance in arbitration proceedings in Florida, except international arbitrations, on a form and by a date approved by The Florida Bar.
Comment
This rule applies to arbitration proceedings held in Florida where 1 or both parties are being represented by a lawyer admitted in another United States jurisdiction or a non-United States jurisdiction. For the most part, the rule applies to any type of arbitration proceeding and any matter being arbitrated. However, entire portions of subdivision (d) and subdivision (e) do not apply to international arbitrations. For the purposes of this rule, an international arbitration is defined as the arbitration of disputes between 2 or more persons at least 1 of whom is a nonresident of the United States or between 2 or more persons all of whom are residents of the United States if the dispute (1) involves property located outside the United States, (2) relates to a contract or other agreement which envisages performance or enforcement in whole or in part outside the United States, (3) involves an investment outside the United States or the ownership, management, or operation of a business entity through which such an investment is effected or any agreement pertaining to any interest in such an entity, (4) bears some other relation to 1 or more foreign countries, or (5) involves 2 or more persons at least 1 of whom is a foreign state as defined in 28 U.S.C. §1603. International arbitration does not include the arbitration of any dispute pertaining to the ownership, use, development, or possession of, or a lien of record upon, real property located in Florida or any dispute involving domestic relations.
The exceptions provided in this rule for international arbitrations in no way exempt lawyers not admitted to The Florida Bar and appearing in Florida courts from compliance with the provisions of rule 1-3.10 and any applicable rules of judicial administration, regardless of whether the court proceeding arises out of or is related to the subject of a dispute in an international arbitration. For example, a lawyer not a member of The Florida Bar could not appear in a Florida court or confirm or vacate an award resulting from an international arbitration without being authorized to appear pro hac vice and without complying with all requirements contained in rule 1-3.10 and the applicable rules of judicial administration.
RULE 1-7.3 MEMBERSHIP FEES
(a) Membership Fees Requirement. On or before July 1 of each year, every member of The Florida Bar must pay annual membership fees to The Florida Bar in the amount of $265 per annum, except those members who have retired, resigned, been revoked or disbarred, or been classified as inactive members under rule 3-7.13. Every member of The Florida Bar must pay the membership fee and concurrently file a fee statement with any information the board of governors requires.
(b) Prorated Membership Fees. Membership fees will be prorated for anyone admitted to The Florida Bar after July 1 of any fiscal year. The prorated amount will be based on the number of full calendar months remaining in the fiscal year at the time of their admission.
Unpaid prorated membership fees will be added to the next annual membership fees bill with no penalty to the member. The Florida Bar must receive the combined prorated and annual membership fees payment on or before August 15 of the first full year fees are due unless the member elects to pay by installment.Membership Fees for New Members. New members admitted on or after July 1 of each year through March 31 of the following year must pay the full annual membership fees within 60 days of admission. New members admitted between April 1 and June 30 of each year pay no fees until July 1 beginning their first full year of membership.
(c) Installment Payment of Membership Fees. Members of The Florida Bar may elect to pay annual membership fees in 3 equal installments as follows:
(1) in the second and third year of their admission to The Florida Bar;
(2) if the member is employed by a federal, state, or local government in a non-elected position that requires the individual to maintain membership in good standing within The Florida Bar; or
(3) if the member is experiencing an undue hardship.
A member must notify The Florida Bar of the intention to pay membership fees in installments. The first installment payment must be postmarked no later than August 15. The second and third installment payments must be postmarked no later than November 1 and February 1, respectively.
Second and third installment payments postmarked after their respective due dates are subject to a one-time late charge of $50. The late charge must accompany the final payment. The executive director, with concurrence of the executive committee, may adjust the late charge.
The Florida Bar will send written notice to the last official bar address of each member who has not paid membership fees and late fees by February 1. Written notice may be by registered or certified mail, or by return receipt electronic mail. The member will be a delinquent member if membership fees and late charges are not paid by March 15. The executive director, with concurrence of the executive committee, may adjust these fees or due date for good cause.
Each member who elects to pay annual membership fees in installments may be charged an additional administrative fee set by the board of governors to defray the costs of this activity.
(d) Election of Inactive Membership. A member in good standing may elect to be classified as an inactive member. This election must be indicated on the annual membership fees statement and received by The Florida Bar by August 15. If the annual membership fees statement is received after August 15, the member’s right to inactive status is waived until the next fiscal year. Inactive classification will continue from fiscal year to fiscal year until the member is reinstated as a member in good standing who is eligible to practice law in Florida. The election of inactive status is subject to the restrictions and limitations provided elsewhere in these rules.
Membership fees for inactive members are $175 per annum.
(e) Late Payment of Membership Fees. Payment of annual membership fees must be postmarked no later than August 15. Membership fees payments postmarked after August 15 must be accompanied by a late charge of $50. The Florida Bar will send written notice to the last official bar address of each member whose membership fees have not been paid by August 15. Written notice may be by registered or certified mail, or by return receipt electronic mail. The member is considered a delinquent member on failure to pay membership fees and any late charges by September 30, unless adjusted by the executive director with concurrence of the executive committee.
(f) Membership Fees Exemption for Activated Reserve Members of the Armed Services. Members of The Florida Bar engaged in reserve military service in the Armed Forces of the United States who are called to active duty for 30 days or more during the bar’s fiscal year are exempt from the payment of membership fees. The Armed Forces of the United States includes the United States Army, Air Force, Navy, Marine Corps, Coast Guard, as well as the Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, the Air National Guard of the United States, the Air Force Reserve, and the Coast Guard Reserve. Requests for an exemption must be made within 15 days before the date that membership fees are due each year or within 15 days of activation to duty of a reserve member. To the extent membership fees were paid despite qualifying for this exemption, the membership fee will be reimbursed by The Florida Bar within 30 days of receipt of a member’s request for exemption. Within 30 days of leaving active duty status, the member must report to The Florida Bar that the member is no longer on active duty status in the United States Armed Forces.
