In re Amendments to Rules Regulating the Fla. Bar, SC14–2107.

• Decision Date: 21 May 2015
• Docket Number: No. SC14–2107.,SC14–2107.
• Citation: 164 So.3d 1217 (Mem)
• Parties: In re AMENDMENTS TO RULES REGULATING THE FLORIDA BAR (BIENNIAL PETITION HOUSEKEEPING).
• Court: Florida Supreme Court

164 So.3d 1217 (Mem)

In re AMENDMENTS TO RULES REGULATING THE FLORIDA BAR (BIENNIAL PETITION HOUSEKEEPING).

No. SC14–2107.

Supreme Court of Florida.

May 21, 2015.

As Corrected June 25, 2015.

John F. Harkness, Jr., Executive Director, Mary Ellen Bateman, DEUP Division Director, and Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, Tallahassee, FL, for Petitioner.

PER CURIAM.

This matter is before the Court on the petition of The Florida Bar proposing amendments to the Rules Regulating the Florida Bar (Bar Rules). See R. Regulating Fla. Bar 1–12.1. We have jurisdiction. See art. V, § 15, Fla. Const.

The Bar's petition in this case proposes both new Bar Rules and amendments to existing rules. According to the petition, the proposals included here address “housekeeping” matters, in that the petition primarily recommends editorial changes, updates to the Bar Rules based on prior amendments, and other changes to codify long-standing practice. The proposals were approved by the Board of Governors, and formal notice of the proposed amendments was published in The Florida Bar News. The notice directed interested persons to file their comments directly with the Court. The Court did not receive any comments.

The Bar proposes amendments to the following Bar Rules: 1–4.3 (Committees) ; 1–13.1 (Time) ; 2–7.3 (Creation of Sections and Divisions); 3–7.1 (Confidentiality); 3–7.11 (General Rule of Procedure); 4–1.4 (Communication); 4–1.18 (Duties to Prospective Client); 4–4.4 (Respect for Rights of Third Persons); 4–5.5 (Unlicensed Practice of Law; Multijurisdictional Practice of Law); 4–6.5 (Voluntary Pro Bono Plan); 6–3.11 (Fees); 10–2.1 (Generally); 18–1.1 (Purpose); 18–1.2 (Definitions); 18–1.3 (Activities); 18–1.4 (Supervision and Limitations); and 18–1.5 (Certification). It also proposes amendments to the “Preamble: A Lawyer's Responsibilities” to the Rules of Professional Conduct. Additionally, the Bar recommends the repeal of existing Bar Rule 6–3.7 (Emeritus Specialist Status). Finally, it proposes a new Subchapter 6–29 (Standards for Board Certification in Juvenile Law), which would include four new Bar Rules: 6–29.1 (Generally) ; 6–29.2 (Definitions) ; 6–29.3 (Minimum Standards); and 6–29.4 (Recertification). After fully considering the petition, the Court adopts these “housekeeping” amendments as proposed by the Bar.¹

Accordingly, the Court adopts the amendments to the Rules Regulating the Florida Bar as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The comments are offered for explanation and guidance only and are not adopted as an official part of the rules. The amendments shall become effective on October 1, 2015, at 12:01 a.m.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

RULE 1–4.3 COMMITTEES

The board of governors shallwillcreate an executive committee composed of the president, president-elect, chairs of the budget, communications, disciplinary review, program evaluation and legislation committees, president of the young lawyers division, 2 members of the board appointed by the president, and 3 members of the board elected by the board to act upon such matters asthatarise and require disposition between meetings of the board; a budget committee composed of 9 members with 3–year staggered terms; grievance committees as provided for in chapter 3; unlicensed practice of law committees as provided for in chapter 10; and a professional ethics committee.

RULE 1–13.1 TIME

(a) Computation. In computing any period of time prescribed or allowed by the Rules Regulating The Florida Bar, the day of the act, event, or default from which the designated period of time begins to run shallwillnot be included. The last day of the period so computed shallwillbe included unless it is a Saturday, Sunday, or legal holiday, in which event the period shallwillrun until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(b) Additional Time after Service by Mail or E-mail. When a person has the right or is required to do some act or take some proceeding within a prescribed period after service of a notice or other paper and the notice or paper is served by mail or e-mail, 5 days shallwillbe added to the prescribed period.

BYLAW 2–7.3 CREATION OF SECTIONS AND DIVISIONS

Sections and divisions may be created or abolished by the board of governors as deemed necessary or desirable. The Florida Bar will maintain current lists of its sections and divisions and will post the lists on its website.

(a) Sections.The following sections of The Florida Bar have been created by the board of governors:

(1) Administrative Law Section;

(2) Alternative Dispute Resolution Section;

(3) Appellate Practice Section;

(4) Business Law Section;

(5) City, County and Local Government Law Section;

(6) Criminal Law Section;

(7) Elder Law Section;

(8) Entertainment, Arts, and Sports Law Section;

(9) Environmental and Land Use Law Section;

(10) Equal Opportunities Law Section;

(11) Family Law Section;

(12) General Practice, Solo and Small Firm Section;

(13) Government Lawyer Section;

(14) Health Law Section;

(15) International Law Section;

(16) Labor and Employment Law Section;

(17) Public Interest Law Section;

(18) Real Property, Probate, and Trust Law Section;

(19) Tax Section;

(20) Trial Lawyers Section; and

(21) Workers' Compensation Section.

(b) Divisions.The following divisions of The Florida Bar have been created by the board of governors:

(1) Out–of–State Division; and

(2) Young Lawyers Division.

RULE 3–7.1 CONFIDENTIALITY

(a) Scope of Confidentiality. All mattersrecordsincluding files, preliminary investigation reports, interoffice memoranda, records of investigations, and the records in trials and other proceedings under these rules, except those disciplinary matters conducted in circuit courts, are property of The Florida Bar. All of those matters are confidential and will not be disclosed except as provided in these rules. When disclosure is permitted under these rules, it will be limited to information concerning the status of the proceedings and any information that is part of the public record as defined in these rules.

Unless otherwise ordered by this court or the referee in proceedings under these rules, nothing in these rules will prohibitsthe complainant, respondent, or any witness from disclosing the existence of proceedings under these rules, or from disclosing any documents or correspondence served on or provided to those persons except where disclosure is prohibited in Chapter 4 of these rules or by statutes and caselaw regarding attorney-client privilege.

(1)-(2) [No Change]

(3) Probable Cause Cases. Any disciplinary case in which a finding of probable cause for further disciplinary proceedings has been entered is public information. For purposes of this subdivision a finding of probable cause is deemed in those cases authorized by rule 3–3.2(a), for the filing of a formal complaint without the prior necessityrequirementof a finding of probable cause.

(4) [No Change]

(5) Diversion or Referral to Grievance Mediation Program. Any disciplinary case that has been concluded by diversion to a practice and professionalism enhancement program or by referral to the grievance mediation program is public information upon the entry of such a recommendation.

(6) Contempt Cases. Contempt proceedings authorized elsewhere in these rules are public information even thoughifthe underlying disciplinary matter is confidential as defined in these rules.

(7) Incapacity Not Involving Misconduct. Proceedings for placement on the inactive list for incapacity not involving misconduct are public information upon the filing of the petition with the Supreme Court of Florida.

(8)-(11) [No Change]

(12) Disciplinary Resignations and Disciplinary Revocations.Proceedings involving petitions for disciplinary resignation or for disciplinary revocationas provided elsewhere in these rules, are public information.

(b)-(m) [No Change]

RULE 3–7.11 GENERAL RULES OF PROCEDURE

(a) [No Change]

(b) Process. Every member of The Florida Bar is charged with notifying The Florida Bar of aanychange of mailing address, e-mail address (unless the lawyer has been excused by The Florida Bar or court from e-filing and e-service)orandmilitary status. Mailing of registered or certified papers or notices prescribed in these rules to the last mailing address of an attorney as shown by the official records in the office of the executive director of The Florida Bar shall be sufficient notice and service unless this court shall direct otherwise. The Florida Bar may serve notice of formal complaints in bar proceedings by U.S. Postal Service certified mail return receipt requested to the bar member's record bar address unless the Supreme Court of Florida directs other service.Every attorneylawyerof another state who is admitted pro hac vicepermitted to practice for the purpose ofin a specific case before a court of record of this statein Floridamay be served by registered orU.S. Postal Servicecertified mail return receipt requestedaddressed to saidtheattorneylawyerin care of the Florida attorneylawyerwho was associated or appeared with the attorneylawyer admitted pro hac vicein the specific case for which the out-of-state attorney was permitted to practice or addressed to saidtheattorneyFlorida lawyerat any address listed by the attorneylawyerin the pleadings in suchthecase.

Provided, however, when a person is represented by counsel,service of process and notices shallmustbe directed to counsel.

(c) Notice in Lieu of Process. Every member of The Florida Bar is within the jurisdiction of the Supreme Court of Florida and its agencies under these rules, and service of process is not required to obtain jurisdiction over respondents in disciplinary proceedings; but due process requires the giving of reasonable notice and suchthisnotice shallwillbe effectiveedby the service of the...