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 January 27, 2023, 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 Florida Supreme Court style guide are not noted in the summary. To receive a full copy of the text of proposed amendments, email Kelly Smith at [email protected]. Reference any requested proposal by its title and date of this publication.
FINAL ACTION
RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.3 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 3-3.4 GRIEVANCE COMMITTEES
Summary: Within subdivision (c), adds that nonlawyer members of grievance committees may not be current or former members of The Florida Bar or other bars and 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: Adds new subdivision (o) which requires that a respondent sever all employment and financial ties with any law firm on entry of an order of emergency suspension.
Chapter 4 Rules of Professional Conduct
Rule 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING ADVERTISEMENTS
Summary: Adds that a current or former client who is a celebrity may offer a truthful testimonial if that testimonial complies with all other requirements for testimonials under the rule.
RULE 4-7.15 UNDULY MANIPULATIVE OR INTRUSIVE ADVERTISEMENTS
Summary: In subdivision (c), adds that a lawyer may use a testimonial of a celebrity who is a current or former client if the testimonial complies with the requirements of subchapter 4-7
RULE 4-8.6 AUTHORIZED BUSINESS ENTITIES
Summary: Within subdivision (e), adds emergency and other indefinite suspensions that last 91 days or longer.
Chapter 6 Legal Specialization and Education Programs
RULE 6-3.14 SUNSET OF CERTIFICATION AREAS
Summary: Adds provision that the bar will not accept applications for an area to be sunset on the bar’s determination that no new applications have been received for 5 years or more and the bar’s posting of a notice on the website that no new applications will be accepted.
Standing Board Policies
SBP 8.10 Amicus Curiae Filings
Summary: Moves bar divisions and committees from subdivision (b) to subdivision (a). In subdivision (d), re-letters and adds requirements for notice and process for amicus.
SBP 8.20 RESPONSES TO BAR RULES PETITIONS
Summary: In subdivision (b), adds requirements for notice and process of intent to file a response or comments or join other groups’ comments.
Board of Legal Specialization and Education Policies
BLSE Policy 2.04 Annual Fee
Summary: In subdivision (d), removes “who must pay the annual fee.”
BLSE Policy 5.02 Application Process
Summary: In subdivision (b), amends the time to respond to requests for supplemental information from 60 to 30 days.
First Reading
RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
Summary: In subdivision (b), adds “except that the executive director may waive or extend the time period to complete continuing legal education or basic skills course requirements on a showing of undue hardship.”
Chapter 3 Rules of Discipline
RULE 3-5.1 GENERALLY
Summary: Reorganizes rule; adds new subdivision (1)(2)(A)(iii) that an admonishment is not appropriate when the lawyer’s misconduct resulted in or is likely to result in actual or potential injury to the public or the legal system. Adds new subdivision that sets forth requirements when a lawyer is disbarred, suspended, incapacitated, or otherwise ineligible to practice law, including ceasing the practice of law, ceasing holding out as able to practice law, ceasing trust account deposits and disbursements, and other ordinarily imposed requirements. In the subdivision on disbarment as a sanction, removes until all restitution and disciplinary costs are paid as duplicative of the Rules of the Supreme Court Relating to Admissions to the Bar.
Chapter 8 Lawyer Referral Rule
Summary: Entire chapter is reorganized. Adds new rule 8-2.2 addressing required content for bylaws of voluntary bar association lawyer referral services approved by The Florida Bar.
Chapter 11 Rules Governing the Law School Practice Program
RULE 11-1.9 CONTINUATION OF PRACTICE PROGRAM AFTER COMPLETION OF LAW SCHOOL PROGRAM OR GRADUATION
Summary: Adds new subdivision (b) that would allow a graduate of an American Bar Association approved law school who has received an initial clearance letter from the Florida Board of Bar Examiners to work as a certified legal intern for 12 months under the same requirements as a certified legal intern.
Chapter 20 Florida Registered Paralegal Program
RULE 20-3.1 REQUIREMENTS FOR REGISTRATION
Summary: In subdivision (c), replaces “grandfathering” with “designation by attestation.” Adds that a person who does not meet the requirements of subdivisions (a) or (b) may become a Florida Registered Paralegal by meeting the following requirements: (1) providing attestation from an employing or supervising lawyer on a form approved by The Florida Bar that the person has paralegal work experience as defined elsewhere in these rules for 5 of the 8 years immediately preceding the date of the attestation and a statement of proficiency describing the applicant’s work experience as a paralegal; and (2) submitting at the time of the application proof that the applicant has completed the following continuing education requirements within the prior 3 years from the date of the application: 33 hours of general continuing education, 10 hours of ethics/professionalism, and 3 hours of technology. Acceptable courses include those approved for credit by The Florida Bar, NALA, or the NFPA.
