New rule allows interim suspensions for lawyers facing felony charges
Lawyers facing felony charges will be subject to a new disciplinary rule that takes effect December 5 under amendments the Supreme Court adopted earlier this year.
Acting on its own motion June 5 in Case No. SC2025-0727, the court adopted new Rule Regulating The Florida Bar 3-5.3 (Interim Suspension), which addresses the grounds for suspension of a lawyer charged with a felony “that reflects adversely on the lawyer’s fitness to practice law.”
In its order, the Supreme Court noted that “The new rule provides a procedure for notice and an opportunity to respond before the imposition of an interim suspension based on felony charges and explains that the respondent may move to dissolve the interim suspension ‘on a change in the criminal charges or on a disposition of the felony criminal charges.’”
The court said the new rule also explains that “[i]f the criminal charges result in a determination or judgment of guilt, rule 3-7.2 applies.” And, under new rule 3-5.3, the respondent may move to expunge an interim suspension in certain circumstances.
On its own motion, the court also amended Rule 3-5.2 (Emergency Suspension and Interim Probation) to remove what is now addressed in new Rule 3-5.3, and renumber former Rules 3-5.3 (Diversion of Disciplinary Cases to Practice and Professionalism Enhancement Programs) and 3-5.4 (Publication of Discipline) accordingly.
