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 item at its January 21, 2022, 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 1-3.5 RETIREMENT
Summary: Re-organizes rule into subdivisions and adds new subdivisions (b)(2) and (b)(3) that require retired lawyers to affirmatively state their retired status when they indicate Florida Bar membership and prohibit retired lawyers from holding themselves out as able to practice Florida law unless they are certified as emeritus lawyers.
Chapter 3 Rules of Discipline
RULE 3-5.2 EMERGENCY SUSPENSION AND INTERIM PROBATION OR INTERIM PLACEMENT ON THE INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT
Summary: Adds new subdivision (b) allowing an emergency suspension where a lawyer has been charged with a felony in state or federal court. Creates an exception for emergency suspension due to felony charges from provisions on motions to dissolve and appointment of referee. Other provisions are reorganized.
RULE 3-7.2 PROCEDURES ON CRIMINAL OR PROFESSIONAL MISCONDUCT; DISCIPLINE ON DETERMINATION OR JUDGMENT OF GUILT OF CRIMINAL MISCONDUCT; DISCIPLINE ON REMOVAL FROM JUDICIAL OFFICE
Summary: Within subdivision (l)(1) [new (q)(1)], adds public reprimand and censure in a foreign jurisdiction so that bar members publicly reprimanded or censured in a foreign jurisdiction would be required to file a copy of the order or judgment reprimanding or censuring the bar member with The Florida Bar. Adds new subdivision (f) requiring Florida Bar members to notify the bar when the members enter any pre-trial diversion program for any charge. Subsequent subdivisions are re-lettered.
RULE 3-7.6 PROCEDURES BEFORE A REFEREE
Summary: Within subdivision (f), adds new subdivision (3) prohibiting the use of civil mediation in bar disciplinary proceedings. Within subdivision (h)(5), adds new subdivision (C) that states that referees must sign subpoenas.
RULE 3-7.10 REINSTATEMENT AND READMISSION PROCEDURES
Summary: Within subdivision (f), adds that the referee may not refer the petition to civil or grievance mediation.
Chapter 4 Rules of Professional Conduct
RULE 4-1.6 CONFIDENTIALITY OF INFORMATION
Summary: Removes “to another” in subdivision (b)(2).
Continuing Legal Education Policies
Continuing Legal Education Policy 2.02 Speaker Diversity
Summary: Amendments change “shall” to “will strive” to select qualified speakers that reflect the diversity of the legal community and adds “consistent with the strategic plan of The Florida Bar.”
First Reading
Chapter 4 Rules of Professional Conduct
RULE 4-7.22 REFERRALS, DIRECTORIES AND POOLED ADVERTISING
Summary: Adds new subdivision (d)(12) which requires that lawyers cannot participate with a qualifying provider unless the qualifying provider has at least 4 lawyers from different law firms participating.
Chapter 6 Legal Specialization and Education Programs
RULE 6-28.2 DEFINITIONS
Summary: In subdivisions (e) and (f)(3), adds related adoption proceedings to the definitions and substantial involvement.
RULE 6-28.3 MINIMUM STANDARDS
Summary: In subdivision (a), adds language to match the recertification requirement language regarding service as a guardian ad litem and timing of adoption placements and contested adoption proceedings. In subdivision (a)(1), language was added so that no more than 5 cases can be included where substantial involvement is demonstrated on work accomplished in an adoption plan not resulting in an adoptive placement. In subdivision (a)(2)(C), related adoption proceedings were added to the substantial involvement requirement. In subdivision (a)(2)(D), application requirements were added.
RULE 6-28.4 RECERTIFICATION
Summary: In subdivision (a)(1), adds a limitation of 3 cases for substantial involvement when an adoption plan does not result in an adoptive placement. In subdivision (a)(3), related adoption proceedings language was added and the specifications of what would constitute substantial involvement. In subdivision (a)(4), application requirements, including the required amount of points in substantial involvement, were added.
