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Proposed board action

Notices

The Florida Bar Protecting Rights, Pursuing Justice, Promoting Professionalism 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 October 23, 2020 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.

 

FIRST READING

RULES REGULATING THE FLORIDA BAR

Chapter 2 Bylaws of The Florida Bar

BYLAW 2-8.1 ESTABLISHMENT AND APPOINTMENT OF COMMITTEES

Summary: Adds the Professional Ethics Committee and Standing Committee on Advertising as committees not subject to appointments under the rule.

BYLAW 2-9.4 ETHICS

Summary: Within Bylaw 2-9.4, adds new subdivision that the Supreme Court of Florida appoints Professional Ethics Committee members.

Chapter 3 Rules of Discipline

RULE 3-2.1 GENERALLY

Summary: Reorders and reletters subdivisions so that the definitions are in alphabetical order.

Chapter 4 Rules of Professional Conduct

RULE 4-5.8  PROCEDURES FOR LAWYERS LEAVING LAW FIRMS AND DISSOLUTION OF LAW FIRMS

Summary: Within the comment, adds reference to Rule 4-5.6.

Chapter 6 Legal Specialization and Education Programs

Summary: In rules 6-5.2(b), 6-6.2,(b) 6-7.2(b), 6-7.3(b), 6-8.2(b), 6-9.2(b), 6-11.2(b), 6-13.2(c), 6-14.2(b), 6-15.2(b), 6-16.2, 6-17.2(b), 6-18.2(b), 6-18.3(b), 6-19.2(b), 6-20.3(b), 6-21.2(b), 6-22.2(c), 6-23.2(b), 6-24.2(b), 6-24.3(b), 6-25.2(d), 6-26.2(e), 6-26.3(a), 6-27.2(d), 6-28.2(b), 6-29.2(d), 6-30.2(c), 6-31.2 definition of the practice of law is deleted and moved to rule 6-3.5.

In rules 6-4.4(e), 6-6.2, 6-6.4, 6-7.3, 6-7.4(c), 6-8.3(b), 6-8.4(d), 6-8.5(b), 6-8.6(d), 6-9.3(c), 6-9.4(c), 6-11.3(b), 6-11.5(c), 6-13.3(e), 6-13.4(e) and (f), 6-14.3(c), 6-15.3(c), 6-16.3(d), 6-16.4(d), 6-17.3(c), 6-17.4(c), 6-18.3(c), 6-18.4(c), 6-19.4(c), 6-20.3(b), 6-21.3(d), 6-21.4(c), 6-22.2(b), 6-22.4(c), 6-23.3(d), 6-23.4(d), 6-24.3(c), 6-24.4(c), 6-25.3(b), 6-25.4(d), 6-26.3(c), 6-26.4(b), 6-27.3(f), 6-27.4(c), 6-28.3(c), 6-28.4(c), 6-29.3(b), 6-29.4(c), 6-30.3(b), 6-30.4(d), 6-31.3(e), 6-31.4 peer review language deleted as duplicative of 6-3.5.

In rules 6-4.4(f), 6-6.2, 6-7.3(d), 6-8.3(c), 6-8.5(c), 6-13.3(d), 6-14.3(d), 6-15.3(d), 6-15.4(b), 6-16.3(e), 6-16.4(c), 6-17.3(d), 6-18.3(d), 6-19.3(d), 6-20.3(e), 6-20.4(b), 6-21.3(c), 6-22.2(c), 6-23.3(e), 6-23.4(c), 6-24.3(d), 6-25.3(c), 6-26.3(d), 6-26.4(c), 6-27.3(g), 6-28.3(f), 6-28.4(b), 6-29.4(b), 6-30.3(c), 6-31.3(d) education requirements are deleted as duplicative of 6-3.5 and BLSE policies.

In rules 6-13.4(g), 6-22.4(e)(2), 6-27.4(e), language is deleted from individual certification areas and moved to 6-3.5 and made applicable to all certification areas.

In rules 6-4.4(g), 6-6.5(b)(4), 6-8.4(b) and (e), 6-8.5(a)(3), 6-8.6(e), 6-11.5, 6-13.4(b), 6-13.4(f), 6-22.4(e)(1), 6-24.4(e), waiver of compliance is deleted from the individual certification areas, moved to rule 6-3.6, made non-discretionary, and made applicable to all certification areas.

In rule 6-5.3(a), 6-7.3, 6-14.3(a), 6-18.3(a), 6-21.3(a), 6-23.3(a) receipt of LL.M. as substitute for practice of law is added to rule 6-3.5; individual specifications remain in individual certification areas.

In rules 6-7.3(e), 6-7.4(d), 6-8.3(d), 6-8.5(d), 6-9.3(e), 6-11.3(d), 6-13.3(f), 6-14.3(e),6-14.4(d), 6-15.3(e), 6-15.4(d), 6-16.3(f), 6-17.3(e), 6-17.4(d), 6-18.3(c), 6-18.4(d), 6-19.3(e), 6-20.3(f), 6-21.3(e), 6-21.4(d), 6-22.2(d), 6-22.3(d), 6-23.3(f), 6-24.3(e), 6-25.3(e), 6-27.3(h), 6-29.3(e), 6-30.3(f), 6-31.3(f) examination requirements are moved from the individual certification areas to Rule 6-3.5.

In rules 6-15.4(a), 6-16.4(e), judicial service as the practice of law is moved from individual certification areas to a new provision in 6-3.6 that allows for service as a judge to constitute the practice of law if all other requirements are met for all certification areas.

In rules 6-5.3(b), 6-7.3(b), 6-9.3(b), 6-17.3(b), 6-18.3(b), 6-19.3(b) replaces “special and compelling circumstances with “good cause shown” which is defined in new provision in rule 6-3.5.

In rule 6-3.5(c)(1), adds additional substitutions for the practice of law for certification purposes, but individual parameters are left in individual certification areas.

In rule 6-3.5(c)(2), creates provision in the overall standards that allows for waiver of the timing of substantial involvement and experience as specified in individual certification areas.

In rule 6-3.5(c)(3), adds comprehensive continuing legal education requirement that is deleted from the individual certification areas.

In rule 6-3.5(c)(4), adds comprehensive examination requirement that is deleted from the individual certification areas.

In rule 6-3.5(c)(4), adds comprehensive peer review requirement that is deleted from the individual certification areas.

In rule 6-3.5(f), adds new subdivision setting forth considerations for good cause (taken from individual certification areas addressing good cause) in overall certification rule.

In rule 6-3.6(c), adds service as an administrative law judge, court commissioner, master, referee, magistrate, mediator, arbitrator, or member of another tribunal or panel as applicable in the area for which certification is sought constitutes the practice of law for recertification purposes if the applicant has been continuously certified for 14 years and otherwise meets all requirements for the area in which certification is sought including the percentage of time required for substantial involvement in the area for which certification is sought.

In rule 6-3.6(d), adds provision for waiver of substantive requirements for recertification.

In rule 6-3.6(e), adds provision for substitutions for the practice of law requirement for recertification.

In rule 6-3.6(f), adds waiver of compliance for health reasons on good cause shown.

In rule 6-3.6(h), adds comprehensive examination requirement that applies to all areas that was deleted from the individual certification areas in rules 6-5.4(d), 6-7.4(d), 6-14.4(d), 6-15.4(d), 6-17.4(d), 6-18.4(d), and 6-21.4(d).

In rule 6-4.2(a), adds county courts to the definition of civil trial law.

In rule 6-4.3(c)(1) and (2), limits the number of county court trials that qualify for the minimum trial requirement.

In rule 6-4.3(e), adds county court jury trial to verdict to count as 2 substitutions of the 15 trial requirement if the applicant was lead trial counsel.

In rule 6-4.4(e), clarifies that the certification committee and the BLSE must receive the requisite completed references.

In rule 6-3.5(c), moves peer review requirements to rule 6-3.5 and clarifies that the BLSE and certification committee must receive the required number of completed peer review forms.

In rule 6-5.3(d), deletes specific examples of education as duplicative of BLSE policies.

In rule 6-5.3(e), deletes educational requirement, which is moved to rule 6-3.5.

In rule 6-5.4(d), deletes the examination requirement, which is moved to rule 6-3.6.

In rule 6-6.2(c), adds clarification that the BLSE and certification committee must receive the requisite number of completed peer review forms.

In rule 6-6.2(d), deletes portion of educational requirement moved to rule 6-3.5 and deleted the portion duplicative of the BLSE policies.

In rule 6-6.5(d), deleted judicial peer review; criteria for judicial peer review is in rule 6-3.6.

In rule 6-7.3(c), clarifies that the BLSE and certification committee must receive the requisite number of completed peer review forms.

In rule 6-7.4(c), clarifies that the BLSE and certification committee must receive the requisite number of completed peer review forms.

In rule 6-8.2(c), adds the types of actions that can be counted as trials.

In rule 6-8.2(d), adds the types of actions that can be counted as appellate actions.

In rule 6-8.3(a)(3), adds a 30% requirement to the existing 5-year practice of criminal law for certification; deletes good cause waiver as inconsistent with rule 6-3.5.

In rule 6-8.3(b), adds that the BLSE and certification area must receive the requisite number of completed applications.

In rule 6-8.5(a)(3), adds 30% requirement to substantial involvement.

In rule 6-8.6(b), adds additional substitutions for appellate actions.

In rule 6-17.3(b), adds that the practice of law which otherwise satisfies these requirements but which is on a part-time basis satisfies the substantial involvement requirement.

In rule 6-18.4(a), adds that the board of legal specialization and education may waive the substantial involvement requirement for good cause shown on an applicant’s request and at the recommendation of the city, county, and local government certification committee.

In rule 6-20.3(g), deletes an expired exemption.

In rule 6-22.3(e), deletes an expired exemption.

In rule 6-23.2(c), adds definition of “proceeding.”

In rule 6-23.3(c), adds clarification for how credit for experience is calculated.

In rule 6-23.4(b), adds clarification for how credit for experience is calculated.

In rule 6-25.4(a), deletes discretion for good cause shown and changes waiver of compliance to substitution for specific criteria.

In rule 6-26.3(f), deletes an expired waiver.

In rule 6-27.3(d), deletes language duplicative of BLSE policies.

In rule 6-27.3(i), deletes an expired waiver.

In rule 6-27.4(b), discretion removed, and terminology changed from waiver to substitution.

In rule 6-28.3(a)(3), application criteria deleted as duplicative of BLSE policies.

In rule 6-28.4(a)(3), application criteria deleted as duplicative of BLSE policies.

In rule 6-29.3(f), deletes expired waiver.

In rule 6-30.2(c), adds committee composition requirement so that at least 1/3 of committee members will be lawyers whose primary practice focus is representation of community associations controlled by unit or parcel owners and at least 1/3 of committee members will be lawyers whose primary practice focus is representation of developers or others structuring and creating condominiums and planned developments.

In rule 6-30.3(g), deletes an expired waiver.

In rule 6-31.3(a), adds practice of law that otherwise satisfies these requirements but that is on a part-time basis will satisfy the requirement if the balance of the applicant’s qualifying activity is spent as a teacher of international litigation and arbitration subjects in an accredited law school.

In rule 6-31.3(g), deletes an expired exemption.

Chapter 15 Review of Lawyer Advertisements and Solicitations

RULE 15-2.1 MEMBERSHIP AND TERMS

Summary: Adds that appointments are made by the Supreme Court of Florida with the advice of the bar’s president or president-elect.

Standing Board Policies

STANDING BOARD POLICY 1.40 Policy for Appointments and Procedure for Elections and Nominations by the Board of Governors

Summary: Adds new subdivision (e) addressing determination of residency in board appointments and replacement of appointees who become ineligible if they relocate to a residence outside the required area.

Florida Standards for Imposing Lawyer Sanctions

3.2 Aggravation

Summary: Adds new subdivision (b)(12) failure to complete a practice and professionalism enhancement program required as part of diversion to the list of aggravating factors.

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