Proposed board actions
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 28 board 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. Reference any requested proposal by its title and date of this publication.
FINAL ACTION
RULES REGULATING THE FLORIDA BAR
Chapter 3 Rules of Discipline
Adds new subdivision (f) which requires that a respondent sever all employment and financial ties with any law firm on entry of an order of emergency suspension.
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
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.
Standing Board Policies
Standing Board Policy 8.10 Amicus Curiae Filings
Reorganizes the rule, references definitions in the 900 legislative series policies.
Standing Board Policy 8.20 RESPONSES TO BAR RULES PETITIONS
Within subdivision (a), adds filing and joining comments and adds that the requirements of standing board policy 8.10 must be met. Subdivision (b) is amended to include that the group seeking to file or join comments must state the need to do so in its notice to the bar and that the bar’s executive director will provide the notice to the bar president for determination. Subdivision (d) is deleted as it is in standing board policy 8.10.
FIRST READING
RULE 1-3.3 OFFICIAL BAR NAME AND CONTACT INFORMATION
Within subdivision (a), adds that the official bar name must be the member’s legal name and not a fictitious name. Adds new subdivision (b) and moves that a lawyer must practice under the lawyer’s official bar name into new (b), and adds that the rule does not prohibit a lawyer from practicing in a law firm that does not include the lawyer’s official bar name as provided elsewhere in the rules. Reletters subdivision (b) to (c), adds that a name change request must include a certified copy of the official record changing the lawyer’s legal name, and adds that a member must submit a name change request promptly after changing the member’s legal name. Adds new subdivision (d) giving lawyers 180 days to change their record bar name after the rule goes into effect.
RULE 3-5.1 GENERALLY
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.
RULE 3-7.11 GENERAL RULE OF PROCEDURE
Removes “trier and” from the title of subdivision (h). Within subdivision (h), adds service as an expert witness in bar disciplinary cases and adds board of governors members-elect to those disqualified from bar cases.
RULE 3-7.16 LIMITATION ON TIME TO OPEN INVESTIGATION
In subdivision (a)(3), adds “if the 6-year time period would have otherwise expired.”
RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL
Adds new subdivision (i) prohibiting a lawyer from presenting, participating in presenting, or threatening to present administrative charges solely to obtain an advantage in a civil matter. Adds commentary defining “civil matter” and “administrative charges.”
RULE 4-4.4 RESPECT FOR RIGHTS OF THIRD PERSONS
Adds to subdivision (a) that means that have no substantial purpose include, but are not limited to, a lawyer threatening that the lawyer, the lawyer’s client, or a third party will make false extrajudicial statements to be disseminated by means of social media or other public communication intended to impugn another person or entity if the lawyer knows or reasonably should know that the statements are false.
RULE 6-10.2 ADMINISTRATION
Stylistic changes to comply with Supreme Court guidelines; (e) add subsection on extensions identify who may request them, the reason and that extensions will not be considered from individuals.
RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
Summary: Reorganizes the rule to clarify automatic exemptions and when a Florida Bar member may apply for and be granted an exemption from compliance and reporting of continuing legal education.
RULE 6-10.4 REPORTING REQUIREMENTS
Removes language that is duplicative of Rule 6-10.3.
RULE 6-12.1 BASIC SKILLS COURSE REQUIREMENT
Style changes to comply with the Florida Supreme Court’s administrative order, AOSC22-78.
RULE 6-12.2 ADMINISTRATION
Stylistic changes to comply with Supreme Court guidelines; (c) replaces “waivers” with “extensions” and identifies who may request them, the reason and that extensions will not be considered from individuals.
RULE 6-12.3 REQUIREMENT
Changes “programs” to “courses.” Changes 3 courses to 21 credit hours.
RULE 6-12.4 DEFERMENT AND EXEMPTION
Subdivision (b) changes the reference from basic level YLD courses and to the Basic Skills Course Requirement. Subdivision (b)(2) limits an undue hardship deferment to 1 reporting cycle. Subdivision (c)(1) & (2) change “programs” to “courses” and clarifies instead of 3 programs, a member must complete 21 hours of basic skills courses.
RULE 6-12.5 NONCOMPLIANCE AND SANCTIONS
Style edits to comply with the court’s Guidelines for Rules Submissions in AOSC22-78.
RULE 6-12.6 REINSTATEMENT
Style edits to comply with the court’s Guidelines for Rules Submissions in AOSC22-78.
RULE 6-12.7 CONFIDENTIALITY
Style edits to comply with the court’s Guidelines for Rules Submissions in AOSC22-78.
RULE 6-12.8 DISCIPLINARY ACTION
Summary: Style edits to comply with the court’s Guidelines for Rules Submissions in AOSC22-78.
Standing Board Policy 15.10 Waiver of Disqualification
Throughout the policy adds service as an expert witness for a respondent in disqualification and waivers of disqualification. Within subdivision (a), adds board member-elect to those disqualified.
BLSE Policy 2.14 Applicant Review Process for Certification or Recertification
Within subdivision (m) adds “application review process” and “certification committee.”
BLSE Policy 3.02 Accreditation Requirements and Standards
Stylistic changes; (b) requires member to remain certified in FL plan; (d)(4) requires members recertifying to remain an “active” member of TFB (d)(6) requires plan to revoke FL members who does not maintain certification in FL plan.
BLSE Policy 6.02 Reporting
Stylistic changes to comply with SC Guidelines; (d) clarifies how members receive notices for the CLE reports; (f) reorganizes CLER exemptions, provides limit on time member can remain in status and eliminates procedures for judicial exemptions handled through Membership Records.
BLSE Policy 7.03 Deferment
Changes the deferment time period for undue hardship from 6 months to 60 days.
BLSE Policy 7.07 Reinstatement
Removes “an extension of.”
