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Proposed board actions.

Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its May 30 meeting in Key West on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. To receive a full copy of the text of any of these proposed amendments call (850)561-5751. Reference any requested proposal by its title or item number and date of this publication.


Chapter 1 General

Subchapter 1-3 Membership

1. Rule 1-3.12 Provision of Legal Services Following Determination of Major Disaster Summary: New rule, in connection with separate proposed amendments to rule 4-5.5, which relaxes practice restrictions on attorneys not admitted in a jurisdiction that sustains a major disaster affecting its justice system, after a determination of such by the highest court of that jurisdiction.

Subchapter 1-12 Amendments

2. Rule 1-12.1 Amendment to Rules; Authority; Notice; Procedures; Comments

Summary: In connection with companion amendment of SBP 1.10 and SBP 6.20, deletes within subdivision (a) the reference to the "designation plan."

Chapter 3 Rules of Discipline

Subchapter 3-2 Definitions

3. Rule 3-2.1 Designated Reviewer for Special GC

Summary: Within subdivision (p) re designated reviewer, codifies that a designated reviewer for a specially created grievance committee will be selected by the president and approved by the board.

Subchapter 3-3 Jurisdiction to Enforce Rules

4. Rule 3-3.2 Board of Governors; Authority to File a Formal Complaint

Summary: In connection with separate proposed amendments to rule 3-7.2, within subdivision (b) re authority to file complaints based on felony charges, adds that a grievance committee chair's decision to not file a complaint may be reviewed by the full committee, which may affirm or reverse the chair's decision; also adds a decision of the Florida Supreme Court imposing judicial discipline in an action brought by the Judicial Qualifications Commission to the list of events that authorizes the filing of a formal lawyer disciplinary complaint; includes other non-substantive edits, adds appropriate subdivision titles and numbers consistent with controlling editorial protocols, and redesignates other affected entries as necessary.

Subchapter 3-5 Types of Discipline

5. Rule 3-5.4 Publication of Discipline

Summary: Proposed new rule, to codify court and bar policy regarding publication of disciplinary sanctions in the Southern Reporter and The Florida Bar News, and on The Florida Bar's website.

Subchapter 3-7 Procedures

6. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal Misconduct--Discipline on Removal from Judicial Office

Summary: In connection with separate proposed amendments to rule 3-3.2, adds new subdivision (m), re discipline upon removal from judicial office, to require notice to the bar of any order of the Supreme Court removing a member from judicial office; upon receipt of such order, also authorizes the bar to file a formal complaint with the court and to seek appropriate discipline; further provides that the findings of fact by the court in any proceedings resulting in the removal of a member from judicial office shall be conclusive proof of such facts in bar disciplinary proceedings.

7. Rule 3-7.11 or Contempt; Failure to Respond to Official Bar Inquiries

Summary: In connection with companion amendment of rule 4-8.4(g), within subdivision (f) re contempt, provides a summary process for addressing a respondent's failure to respond to official bar inquiries in disciplinary proceedings; requires bar petition to supreme court, for contempt and order to show cause; provides 10 days for respondent's response; allows for assignment of matters to a referee for factual findings; and authorizes suspension in such cases.

8. Rule 3-7.17 Designation of Vexatious Conduct and Limitation on Filings

Summary: Proposed new rule was previously approved by the board in January of 2007. However, a recent court opinion prompted review of the rule and further edits were identified as necessary. New amendments better define what constitutes vexatious conduct and updates the commentary to refer to the recent opinion.

Chapter 4 Rules of Professional Conduct

Subchapter 4-3

9. Rule 4-3.3 Candor Toward The Tribunal

Summary: Within comment re false evidence, deletes previously approved provision stating that a lawyer's knowledge of false evidence can be inferred from the circumstances and that a lawyer cannot ignore an obvious falsehood; deletes comment re perjury by a criminal defendant, to reflect no difference between the obligations of a civil lawyer and a criminal lawyer re client perjury; and, within comment re remedial measures, deletes provisions re withdrawal, to reflect that withdrawal alone will likely never be an adequate remedial measure when there has been a misrepresentation to the court.

Subchapter 4-5 Law Firms and Associations

10. Rule 4-5.5 Unlicensed Practice of Law; Multijurisdictional Practice of Law

Summary: Within subdivisions (c) & (d), adds "or" at the end of each listed instance of authorized temporary practice in Florida, to clarify that a lawyer admitted to practice in a non-Florida jurisdiction need only meet 1 such criterion to be authorized to temporarily practice in Florida ; in connection with separate proposed amendments for new rule 1-3.12, within subdivision (c) and commentary, adds language that allows a lawyer admitted to practice in another U.S. jurisdiction to engage in activities authorized by rule 1-3.12 after a determination of a major disaster by the appropriate court.

Subchapter 4-7 Information About Legal Services

11. Rule 4-7.4 Direct Contact With Prospective Clients

Summary: Within subdivision b, adds new prohibition against a lawyer sending direct mail to the respondent in proceedings involving a petition for injunction for protection against any form of physical violence if the lawyer knows or should know such individual has not been served with notice of process in the matter.

12. Rule 4-7.5 Advertisements in the Electronic Media Other Than Computer-Accessed Communications

Summary: Within subdivision (b), deletes the requirement, in instances where a nonlawyer spokesperson is used, that an oral disclosure be given that the spokesperson is a spokesperson and is not a lawyer.

13. Rule 4-7.10 Definition of LRS

Summary: Within subdivision (c), revises the definition of a lawyer referral service to clarify that the referral of clients for any consideration constitutes a referral service.

Subchapter 4-8 Maintaining the Integrity of the Profession

14. Rule 4-8.4 Misconduct; summary process for failure to respond

Summary: In connection with companion amendment of rule 3-7.11(f), within subdivision (g) specifies that failure to respond to an official bar inquiry without good cause shown may be a matter of contempt.

Chapter 5 Rules Regulating Trust Accounts

Subchapter 5-1 Generally

15. Rule 5-1.1 Trust Accounts; Generally; IOTA

Summary: Within subdivisions (g)(1)(A) & (g)(2), clarifies definition and IOTA participation requirements re the practicable investment of nominal or short term funds, to read funds the lawyer has determined "cannot earn income for the client or third person in excess of the costs to secure the income."

Chapter 6 Legal Specialization and Education Programs

Subchapter 6-3 Florida Certification Plan

16. Rule 6-3.6, Recertification, Minimum Standards for Proficiency Summary: Within subdivision (b)(2), restates the minimum continuing legal education requirement as 50 credit hours over the 5-year certification period, rather than 10 hours each year during the 5-year certification period.

17. Rule 6-3.7, Board Certified Emeritus Specialist Status

Summary: Revises rule title and verbiage throughout, to reflect "board certified" emeritus specialist and add other conforming edits; within subdivision (a), adds new language explaining that board certified emeritus specialist status is intended to distinguish attorneys and judicial officers who are or have been certified and are no longer substantially involved in the practice law sufficient to satisfy standards for certification; adds new subdivision (b), to define "Board Certified Emeritus Specialist" and redesignates subsequent subdivisions appropriately; revises current subdivision (b)--new (c)--to outline eligibility requirements for judicial officers and attorneys seeking to apply for board certified emeritus specialist status, including at least 10 years of certification in the respective area and completion of 2 approved recertification applications; in current subdivision (c)--new (d)--amends language to specify that to qualify, an applicant must no longer be practicing law or substantially involved in the practice sufficient to meet the standards to retain board certification, and eliminates peer review as a criterion for determination of qualification; within subdivision (d)--new (e)--specifies the term "emeritus" must be used in all oral or written communications regarding board certification; and deletes subdivision (h) exemption provisions.

Subchapter 6-19 Standards for Certification of a Board Certified Aviation Lawyer

18. Rule 6-19.1 Generally Summary: Adds new language to incorporate criteria of "character, ethics and reputation for professionalism."


100 Series General Board Policies

19. SBP 1.10 Seals, Emblems and Publicity Symbols of The Florida Bar

Summary: In connection with companion amendment of rule 1-12.1 and SBP 6.20, deletes within subdivision (a) the reference to the "designation plan."

600 Series Continuing Legal Education

20. SBP 6.20 Authority for CLE Courses

Summary: In connection with companion amendment of rule 1-12.1 and SBP 1.10, deletes within subdivision (a) the reference to the "designation plan."

1500 Series Lawyer Regulation Policies

21. SBP 15.77 Access to Designated Reviewer Summary: Expresses bar policy that designated reviewers shall exercise sound discretion with respect to discussions concerning disciplinary cases with persons other than members of the board of governors, bar counsel, or other bar staff; further states as policy that designated reviewers should report such communications to bar counsel so that bar counsel may be better informed and provide more competent representation.

22. SBP 15.92 Administration of Public Reprimands

Summary: New policy which would require the bar president to approve the video recording of the administration of a public reprimand. Further states that the bar will not post the video of the administration of a public reprimand on its website.


BLSE Policies--200 Series--Florida Certification Plan

23. BLSE Policy 2.04, Lapse Reinstatement Fee

Summary: In connection with proposed new BLSE policy 2.19, creates new subdivision (f) to establish a $150 fee for reinstatement of a certification status that has lapsed.

24. BLSE Policy 2.19, Lapse of Certification Summary: Proposed new policy, to define conditions that may cause board certification to lapse and to specify procedures for notification, reinstatement, and removal of lapse status.

BLSE Policies--500 Series--Course Approval

25. BLSE Policy 5.05, Executive Branch Service Summary: Within new subdivision (g), permits continuing legal education credit for selected executive branch offices.


26. Criminal Law Section

Summary: Within Article IV, Section 3 (Duties and Powers of Executive Council and Executive Committee--Meetings), clarifies that meetings may be conducted by "electronic or written" correspondence; within Article V, Section 5 (Nomination and Election of Officers and Executive Council--Nominating Committee) deletes provision that requires chair to appoint a nominating committee of five "retiring members" of the executive council; within Article VI, Section 1 (Committees--Standing Committees) deletes the Criminal Procedure Rules, Budget, and Liaison with Judiciary Committees; within Article VIII (Amendments), authorizes "electronic" notice of proposed amendments; includes other corrective or non-substantive edits consistent with controlling editorial protocols.
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Title Annotation:Notice
Publication:Florida Bar News
Geographic Code:1USA
Date:May 1, 2008
Previous Article:Examiners seats need public members.
Next Article:Amendments to Family Law Rules rewriting the purpose of the rules.

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