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Proposed board action

Announcements

Florida Bar sealPursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its May 15 Board of Governors meeting. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, most rules 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. Amendments to section bylaws and standing board policies are final on board of governors action.  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 proposed amendments, email [email protected] or call the Rules Administrative Coordinator at 850-561-5780. Reference any requested proposal by its title and date of this publication.

FINAL ACTION

RULES REGULATING THE FLORIDA BAR

Chapter 1 General

RULE 1-3.2

Summary: Within subdivisions (a)(1) and (a)(2), adds disbarred and revoked.

 RULE 1-7.3 MEMBERSHIP FEES

Summary: Within subdivisions (c) and (e), changes notice of delinquency from the executive director to the bar. Within subdivision (a), adds “revoked.”

 RULE 1-13.1 TIME

Summary: Within subdivision (b), removes e-mail from the additional 5 days for mailing time.

RULE 3-5.2 EMERGENCY SUSPENSION AND INTERIM PROBATION OR INTERIM PLACEMENT ON THE INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT

Summary: Within subdivision (g), adds an exception when the bar has demonstrated through hearing or trial the likelihood of prevailing on the merits on underlying rule violations.

Chapter 3 Rules of Discipline

RULE 3-7.7 PROCEDURES BEFORE SUPREME COURT OF FLORIDA

Summary: Within subdivisions (a)(2) and (3), changes “resignation” to “revocation.”

Chapter 4 Rules of Professional Conduct     

RULE 4-1.14 CLIENT UNDER A DISABILITY

Summary: Conforms Florida’s rule to ABA Model Rule with some changes to address specific Florida authority, including changing terminology from “disability” to “diminished capacity,” adds subdivision (c) regarding confidentiality and implied authority to disclose confidential information, and commentary regarding taking protective action and emergency legal assistance.

 Chapter 5 Rules Regulating Trust Accounts

RULE 5-1.2 TRUST ACCOUNTING RECORDS AND PROCEDURES

Summary: Within subdivision (d)(5), adds that The Florida Bar will send a notice to delinquent bar members of the delinquency for failure to provide the trust account certificate.

Chapter 6 Legal Specialization and Education Programs    

RULE 6-3.5 STANDARDS FOR CERTIFICATION

Summary: Within subdivision (c)(1), clarifies that the definition of the practice of law may be further defined in the individual certification area standards.

 RULE 6-3.6 RECERTIFICATION

Summary: Within subdivision (b)(4), changes terminology of current requirement to membership in good standing rather than a list of reasons a lawyer could fail to be in good standing.

Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law

RULE 10-2.1 GENERALLY

Summary: Within subdivision (c), adds “or been revoked.”

Chapter20 Florida Registered Paralegal Program

RULE 20-5.1 RULE 20-5.1 GENERALLY

Summary: Within subdivision (a), adds “or been revoked.”

Fee Arbitration Procedural Rules

Rule IV. Hearings

Summary: Within subdivision (d), adds requirements for parties who call expert witnesses in fee arbitration.

Florida’s Standards for Imposing Lawyer Sanctions

Summary: Amends standards to reflect changes to rules and case law relating to lawyer discipline.

 BLSE Policies

BLSE Policy 2.13 GRADING, REVIEW, AND PETITION PROCESS

Summary: Within subdivision (e)(2), removes the statement that the review panel recommendation needing to be issued before the registration deadline for the following year’s certification exam.

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