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 at its July 29, 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 3 Rules of Discipline
RULE 3-3.4 GRIEVANCE COMMITTEES
Summary: Within subdivision (c), adds that lawyer members of grievance committees must be active, in good standing, and eligible to practice law in Florida.
RULE 3-5.2 EMERGENCY SUSPENSION AND INTERIM PROBATION OR INTERIM PLACEMENT ON THE INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT
Summary: Within subdivisions (a)(8), (a)(10), (b)(3), and (c)(5), adds electronic filing in a manner approved by the Court.
RULE 3-5.3 DIVERSION OF DISCIPLINARY CASES TO PRACTICE AND PROFESSIONALISM ENHANCEMENT PROGRAMS
Summary: Adds new subdivision (h) to provide for diversion before the filing of a formal complaint.
RULE 3-7.3 REVIEW OF INQUIRIES, COMPLAINT PROCESSING, AND INITIAL INVESTIGATORY PROCEDURES
Summary: Within subdivision (a), adds “written” to clarify the bar reviews written inquiries. Within subdivision (b), adds reference to Rule 3-7.11 on subpoena issuance.
RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES (subpoena reference)
Summary: Within subdivision (c), adds reference to subpoena procedure in Rule 3-7.11.
RULE 3-7.6 PROCEDURES BEFORE A REFEREE
Summary: Within subdivisions (h)(5)(A), (h)(5)(B), (m)(3), (n)(3), adds that filing will be in electronic format approved by the court.
RULE 3-7.7 PROCEDURES BEFORE SUPREME COURT OF FLORIDA
Summary: Within subdivision (c)(1), adds electronic filing in a manner approved by the Court and clarifies confusing language regarding jurisdictional nature of notices to seek review and cross-review.
RULE 3-7.10 REINSTATEMENT AND READMISSION PROCEDURES
Summary: Within subdivision (b)(1), adds electronic filing in a manner approved by the Court.
Within subdivision (f)(4)(B), clarifies that the bar exam results must be valid as defined by the Rules of the Supreme Court Relating to Admissions to the Bar at the time the petition for reinstatement is filed.
RULE 3-7.12. DISCIPLINARY REVOCATION OF ADMISSION TO THE FLORIDA BAR
Summary: Within subdivision (b), adds that filing will be in electronic format approved by the court. Rule is also reorganized.
Chapter 4 Rules of Professional Conduct
RULE 4-3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR
Summary: Within the commentary, removes references to American Bar Association Standards of Criminal Justice Relating to Prosecution Function.
Chapter 6 Legal Specialization and Education Programs
RULE 6-22.1 GENERALLY
Summary: Adds that the area is closed to new applicants and other language in the rule is changed accordingly.
RULE 6-22.3 MINIMUM STANDARDS
Summary: Adds that the area is closed to new applicants and deletes the standards for initial certification, moving “protracted litigation” information into rule 6-22.4.
RULE 6-22.4 RECERTIFICATION
Summary: Within subdivision (b), adds the definition of protracted litigation.
CHAPTER 11. RULES GOVERNING THE LAW SCHOOL PRACTICE PROGRAM
Summary: Within Rule 11-1.2, deletes subdivision (f) regarding determination of indigency.
Chapter 20 Florida Registered Paralegal Program
RULE 20-5.1 GENERALLY
Summary: Adds subdivision (h) to include a character and fitness evaluation.
Standing Board Policies
SBP 3.12 Finances
Summary: Adds new subdivision (c) that codifies the current practice of not reimbursing Board of Governors members for meals, travel, etc. and that Young Lawyers Division may reimburse members for expenses associated with board meetings. Subsequent subdivisions are re-lettered. New subdivision (g) [formerly (f)] amended to add YLD officers as officers receiving an allowance for expenses for official duties and to add that all officers receiving an allowance must report to the Budget Committee at the end of the fiscal year the use and sufficiency of funds expended, and to add that unused funds should be returned to the bar.
SBP 5.54 Section Disbursement Policies
Summary: Adds new subdivision (f) addressing section fiscal responsibility for contract cancellation or attrition fees.
SBP 5.71 GENERAL DIVISION ADMINISTRATIVE POLICIES
Summary: Adds that the Young Lawyers Division must follow the financial policies in Standing Board Policies 3.12 and 3.13.
SBP 6.31 Distribution of Proceeds
Summary: Adds new subdivision (f) that addresses contract cancellation or attrition fees.
Fee Arbitration Procedural Rules
Rule IV. Hearings
Summary: Adds new subdivision (d) to codify disclosure requirements of arbitrators and objections to arbitrator appointments.
Grievance Mediation Policies
Rule IV. Procedures
Summary: Add new subsection (g) to codify new disclosure requirements for mediators and objections to mediator appointments.
First Reading
RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.3 OFFICIAL BAR NAME AND CONTACT INFORMATION
Summary: Title is changed from “contact” to “other required” information. A new subdivision is added requiring Florida Bar members to report to the bar other jurisdictions in which the Florida Bar members are admitted to practice law. Subsequent subdivision is relettered.
Chapter 3 Rules of Discipline
RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES
Summary: Within subdivision (l), removes references to the Board of Governors, removes approval of the formal complaint by the presiding member of the committee, and removes board proscription of the form of the complaint.
RULE 3-7.5 PROCEDURES BEFORE THE BOARD OF GOVERNORS
Summary: Within subdivision (a), omits the requirement that a designated reviewer’s request for grievance committee reconsideration be in writing. Adds new subdivision (f) stating that bar counsel must promptly prepare a complaint on a board of governors finding of probable cause, that staff counsel must review and file the complaint, and that the bar must provide a copy of the complaint to the respondent.
RULE 3-7.10 REINSTATEMENT AND READMISSION PROCEDURES
Summary: Within subdivision (n), deletes sentence regarding payment of restitution and disciplinary costs before reinstatement.
RULE 3-7.12. DISCIPLINARY REVOCATION OF ADMISSION TO THE FLORIDA BAR
Summary: Within proposed subdivision (c), Judgment, adds freezing of the petitioner’s trust account and restitution where the amount and recipient are identifiable.
Chapter 6 Legal Specialization and Education Programs
RULE 6-13.2 DEFINITIONS
Summary: Within subdivision (b)(1), rewords rule to provide rule clarity. Within subdivision (g), adds a good cause waiver.
Standing Board Policies
Standing Board Policy 15.75 Review of Closed Inquiries and Disciplinary Cases
Summary: Within subdivision (h), clarifies confusing provisions about the time period during which the designated reviewer may review grievance committee action in a matter, adding that a request from respondent or respondent’s counsel for review of grievance committee action must be made within 30 days of the notice of the action to the respondent or respondent’s counsel.
Board of Legal Specialization and Education Policies
BLSE Policy 1.02 Administrative Procedure
Summary: Amends BLSE Policy 1.02(e) to allow BLSE members to review and approve BLSE Executive Committee minutes prior to next regular meeting to make actions taken by the executive committee final.
BLSE Policy 2.14 Applicant Review Process for Certification or Recertification
Summary: In subdivision (m), adds clearer definition of ex parte communications.
BLSE Policy 5.08 Credit Approval Guidelines
Summary: 5.08(c) clarifies presenters receive 3 credits per 50 minutes and attendees receive 1 credit per each 50 minutes.
BLSE Policy 5.09 CLER Components Approval Guidelines
Summary: Changes participant to attendee to clarify language.
BLSE Policy 5.12 APPEARANCE BEFORE THE BLSE
Summary: Adds new policy 5.12 for procedures before the BLSE. Renumbers existing policy 5.12 to 5.13.
BLSE Policy 6.07 Ex Parte Communications
Summary: Adds new policy 6.07 defining prohibition for ex parte communications.
BLSE Policy 7.06 Procedures on Noncompliance and Appeal
Summary: Adds new subdivision (d) to define prohibition for ex parte communications.
