Proposed board action
Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items for first reading or final action at its May 24, 2019 board of governors meeting in West Palm Beach, Florida. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, most of these amendments must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. Additionally, non-substantive edits to conform to the Supreme Court style guide are not noted in the summary. To receive a full copy of the text of any of these proposed amendments, email [email protected] or call Kelly Smith at 850-561-5751. Reference any requested proposal by its title or item number and date of this publication.
Rule 3-6.1 Generally – The Florida Supreme Court asked The Florida Bar, by letter of December 21, 2018, to review Rule 3-6.1 and determine whether it needs to be amended in light of a number of respondents being denied reinstatement for violating Rule 3-6.1 while allegedly working as paralegals or in other non-lawyer capacities for other lawyers. Within subdivision (b), removes the 3-year limitation on supervision of lawyers that the subject lawyer supervised. Within subdivision (d)(1), removes the word “direct” and explanation of “direct” describing client contact by the subject lawyer. Within subdivision (d)(2), adds information describing trust funds and a prohibition against subject lawyers acting as fiduciaries. Adds new subdivision (f) requiring active supervision of all of the subject lawyer’s employment activities by a Florida Bar member in good standing and eligible to practice law who is employed full time by the subject lawyer’s employer. Adds commentary on trust funds and fiduciary law.
Trial Lawyers Section Bylaws – Within Article II, Section 1, adds subdivision (c) allowing law students to become affiliate members and renumbers subsequent subdivision. Within Article II, Section 2, adds consistent language to permit any interested law student to become an affiliate member of the section.