Full agenda awaits the Board of Governors in March
The Board of Governors will consider dozens of proposed rule amendments and standing board policy revisions when it meets March 28 in Tampa.
They range from a proposed exception to the confidentiality rule to protect minors, and limiting the charitable contributions of voluntary sections, to scrubbing outdated language that refers to mental health and substance use disorders.
A proposed revision to Bar Rule 4-1.6 (Confidentiality of Information) would add a subdivision (8) that would allow a lawyer to reveal confidential information “to protect a minor client from a substantial risk of danger or harm.”
The proposal was prompted by a November letter from the Supreme Court.
In it, justices set a May 1 deadline to file a rules petition or report with proposed revisions that would “allow a lawyer to reveal confidential information about a client when the client is a minor child who may be in danger or at risk of harm.”
The letter referred to R.L.R. v. State, 116 So. 3d 570, 574 (Fla. 3rd DCA 2013), in which an attorney ad litem refused a judge’s order to reveal the whereabouts of a client who absconded from foster care.
Third DCA overturned a trial judge’s order that compelled disclosure “in the interest of the proper administration of justice.”
Finding that a dependency exception exists when the child is a danger to him or herself, “would require this court to carve out an altogether new exception,” the Third DCA order states.
“That, however, is the rule-making function of the legislature or, possibly, [T]he Florida Bar — not of this Court,” the ruling states.
The proposed revision drew three objections, including one from Clearwater attorney Ryan D. Barack, who called the proposal unnecessary. He argued the existing rule has “the necessary framework” to address the court’s concerns.
Barack warned that the proposed amendment “risks undermining the essential trust between attorneys and their young clients, discouraging those who are among the most vulnerable from seeking legal counsel, or speaking openly when they do.”
Although the Bar’s Rules Committee originally approved the proposed amendment to Rule 4-1.6, it reconsidered and is now recommending that the Board of Governors respectfully decline to adopt the amendment.
In other action, the board will consider a proposed revision to Standing Board Policy 5.53 (Section Budget Policies) that would limit charitable contributions and expenditures to “activities that are related to the regulation of lawyers or improving the delivery of legal services.”
Another provision would state that recipients “must qualify as an IRS Section 501(c)(3) recognized organization, be a Florida local or voluntary bar, or be registered as a charitable organization with a regulatory entity.”
Sponsors note that mandatory bars across the nation are in litigation on First Amendment challenges, and that the proposal is based on a thorough analysis with outside counsel on areas of risk.
“The Board has reviewed the analysis and made recommendations based on risk mitigation and Bar/Court priorities,” the sponsors say.
Last month, Florida Bar President Roland Sanchez-Medina, Jr., reminded a legislative panel that as an arm of the Supreme Court, The Florida Bar takes no positions on controversial issues.
“The Florida Bar’s advocacy role in Tallahassee is very, very limited by both case law and Supreme Court rulings,” he said.
In other action the board will consider:
- Proposed changes to Rule 11-1.8 that would expedite the approval of recent law school graduates to practice as certified legal interns after graduation.
- A proposed amendment to Florida Rule of Traffic Court 6.450. Based on Chapter 2024-190, Laws of Florida, the revision would require that all civil traffic offenses that are subject to disposition under Chapter 318 to be proved beyond a reasonable doubt.
