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 18 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
Chapter 2 Bylaws of The Florida Bar
BYLAW 2-2.3 LIST OF MEMBERS
Deletes requirement of furnishing list to judges and replaces with a requirement that the bar publish membership status on its website.
BYLAW 2-8.1 ESTABLISHMENT AND APPOINTMENT OF COMMITTEES
Adds that the bar's president must remove a committee member who misses more than half of the committee meetings in a single year without good cause.
Chapter 3 Rules of Discipline
RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES
Within subdivision (g)(3), changes vote for grievance committees to members present and voting.
RULE 3-7.6 PROCEDURES BEFORE A REFEREE
Within subdivision (a)(2), deletes that a referee who has previously served is eligible for appointment without certifying review of the training materials. Within subdivision (m)(3), deletes filing of the record and bar counsel making the file available to parties on request. Within subdivision (n)(3) changes prepare and file the record to prepare and file an index and certification of the record.
RULE 3-7.11 GENERAL RULE OF PROCEDURE
Adds new subdivision (j) prohibiting current board of governors members, grievance committee members and Florida Bar employees from testifying as a character witness for a respondent in a bar disciplinary case and re-letters subsequent subdivision.
Chapter 6 Legal Specialization and Education Programs
RULE 6-10.5 DELINQUENCY AND APPEAL
In subdivision (b), adds "except a member deemed delinquent under rule 1-3.7(d)."
Chapter 20 Florida Registered Paralegal Program
RULE 20-6.1 GENERALLY
Adds language to allow for Florida Registered Paralegals to receive lecture credit for approved seminars for up to 3 credit hours for each 50 minutes of lecture at basic seminars or up to 5 credit hours for each 50 minutes of lecture time at intermediate seminars. Adds subsection on extensions to identify the situations under which extensions may be requested, providing the reason, and that extensions will not be considered from individuals. Allows for the Executive Director or Board of Governors to grant an extension of continuing education reporting cycles in times of national disasters or as they deem necessary and clarifies extensions will not be considered from individual members.
Board of Legal Specialization and Education Policies
BLSE Policy 2.08 Application Processing
Within subdivision (b), changes automatic termination of certification status from completion of appeal procedures to service of Board of Governors decision affirming the BLSE and Appeals Committee.
BLSE Policy 5.10
In subdivision (h), adds "or United States president, vice president, or a member of the federal cabinet."
BLSE Policy 5.11 Accreditation Re-evaluation
Deletes the example.
Fee Arbitration Procedural Rules
Fee Arbitration Procedural Rule IV. Hearings
Within subdivision (a), adds 10-day time period for coordination of the arbitration and requires parties to notify anticipated time and witnesses for the arbitration. Adds new subdivision (b) setting forth procedure for voluntary mediation, except for cases in which the Florida Supreme Court has ordered fee arbitration.
Fee Arbitration Procedural Rule II. Selection of Arbitrators
Within subdivision (f), changes the time period from 45 to 60 days and changes extension from the chair of the standing committee to sole arbitrator or majority of the arbitration panel.
Professionalism Expectations 1.9, 1.11, 2.4, 3.11, 4.9, 4.10, 4.20, 5.1, 6.10
In 1.9, deletes “and avoid charging unnecessary expenses to the client.”
In 1.11, deletes “and the client’s best interests.”
Adds new expectation 1.14 that a lawyer should avoid charging unnecessary expenses to the client.
In 2.4, replaces “pleadings” with “documents required to be served.”
In 3.11, adds “necessary to enforce a limitation on evidence directed by the court; or in connection with a motion to terminate or limit the examination of a deponent.”
In 4.9, adds “or a valid legal objection.”
In 4.20, deletes “criticize or.”
In 5.1, adds “and should instruct personnel to do the same.”
In 6.10, deletes “and others.”
FIRST READING
Chapter 3 Rules of Discipline
RULE 3-7.5 PROCEDURES BEFORE THE BOARD OF GOVERNORS
Within subdivision (a)(5) and subdivisions (b) and (c) adds new subdivision (H) and (8) respectively to return to the grievance committee for further investigation.
RULE 3-7.13 INCAPACITY
Adds new subdivision (c) requiring Florida Bar members to provide notice to the bar within 10 days of release from court-ordered involuntary in patient placement in a treatment facility under the Baker Act or Marchman Act and within 10 days of the
entry of an order determining incapacity of the Florida Bar member or an order for an emergency temporary guardianship. Changes terminology in subdivision (d) to be consistent with new subdivision (c).
Chapter 6 Legal Specialization and Education Programs
Rule 6-3.6 Recertification
Adds that an area committee may waive compliance with any portion of the trial, matters, education, and peer review criteria for an applicant who is an officer of any judicial system (as defined in the Code of Judicial Conduct), including an officer such as a bankruptcy judge, or magistrate, performing judicial functions on a full-time basis during any portion of the period since the last date of certification.
Rule 6-12.4 DEFERMENT AND EXEMPTION
Within subdivision (a)(1), removes the deferment of practicing with professionalism course for non-resident members who do not give advice on Florida matters. Within subdivision (a)(2), adds that a deferment for hardship lasts for only 1 reporting cycle.
RULE 6-12.2 ADMINISTRATION
Within subdivision (c) adds that individual requests will not be considered.
6-32. Standards for Board Certification in Insurance Coverage Law
Adds a new certification area for insurance coverage law.
Chapter 20 Florida Registered Paralegal Program
RULE 20-6.1 GENERALLY
Adds that Florida Registered Paralegal continuing education credit does not carry over into a later reporting cycle.
Board of Legal Specialization and Education Policies
BLSE Policy 2.12 Examination Preparation and Administration
Adds new subdivision (c) for prohibitions against ex parte communications.
BLSE Policy 5.02
Adds that the budget committee will determine the application fee for individual attorney course submission over 2 credit hours not approved by The Florida Bar.
