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Notice of Filing Proposed UPL Advisory Opinion

Announcements

The UPL Standing Committee, pursuant to R. Regulating Fla. Bar 10-9.1(f)(3), provides this notice of filing a proposed advisory opinion relating to a Rule 10-9.1(c) Goldberg request for a formal advisory opinion in the case of Wildstein v. Core Contents Restoration, LLC. (Palm Beach County Circuit Court Case No. 50-2020-CA-006656-XXXX-MB).  The proposed opinion finds that an out-of-state licensed lawyer engages in the unlicensed practice of law when the lawyer acts as and holds themself out as a Florida company’s general counsel or in-house counsel without being a member of The Florida Bar or certified as an authorized house counsel under Chapter 17 of the Rules Regulating The Florida Bar.  A copy of the full opinion can be found on the bar’s website at the following link: https://www.floridabar.org/rules/upl/upl003/.

The Bar will file the proposed opinion with the Supreme Court of Florida on or about March 23, 2023.  Pursuant to R. Regulating Fla. Bar 10-9.1(g)(3), “[w]ithin 30 days of the filing of the proposed advisory opinion, the petitioner and any other interested party may file a brief or memorandum in response to the proposed advisory opinion, copies of which must be served on the committee at the Florida Bar’s headquarters address in Tallahassee. The committee may file a responsive brief or memorandum within 20 days of service of the initial brief or memorandum. The petitioner, and other interested persons, may file a reply brief within 10 days of service of the responsive brief or memorandum. The court may permit reasonable extension of these time periods.  Oral argument will be allowed at the court’s discretion. Filing, service, and oral argument will be governed by the Florida Rules of Appellate Procedure.”

The Supreme Court of Florida will review all filings and will approve, modify, or disapprove the proposed advisory opinion; the court’s opinion will have the force and effect of an order of the court and be published accordingly.

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