Notice: Proposed board actions

first_imgPursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes notice of intent to consider or take final action at its October 24-25, 2002 meeting 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) 561-5600, ext. 6802 — reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 1 General Subchapter 1-3 Membership 1. Rule 1-3.6 Delinquent Members Summary: Deems as delinquent those members who have not paid costs or made required restitution within time periods specified in Bar disciplinary proceedings. Subchapter 1-7 Membership Fees and Fiscal Control 2. Rule 1-7.3 Membership Fee Summary: Deems as delinquent those members who have not paid costs or made required restitution within time periods specified in Bar disciplinary proceedings. Chapter 2 Bylaws of The Florida Bar Subchapter 2-9 Policies and Rules 3. Rule 2-9.4 Ethics Summary: Creates new subdivision (e), containing provisions transferred from former rule 3-7.11( i ) to codify a specific disqualification due to conflict rule for particular attorneys involved in proceedings for the issuance of opinions on professional ethics. Chapter 3 Rules of Discipline Subchapter 3-6 Employment of Certain Attorneys or Former Attorneys 4. Rule 3-6.1 Generally Summary: Adds a prohibition against a lawyer, who is barred or suspended from practice, from being employed or supervised by another attorney who was previously supervised by that barred or suspended lawyer at the time of their discipline. Subchapter 3-7 Procedures 5. Rule 3-7.1 Confidentiality Summary: Reorganizes current rule greater clarity; adds new provisions that confirm the public nature of records and files not otherwise referenced in current rule. 6. Rule 3-7.6 Procedures Before a Referee Summary: Creates new subdivision (c) directing the referee to conduct a pretrial conference within 60 days of appointment and to set a schedule for the proceedings at that conference; within former subdivision (o), new (p), relating to taxable costs, deletes current $750 administrative fee and adds reference to new fee scale elsewhere within rules, in proposed rule 3-7.11(j); revises existing subdivision entries as necessary. 7. Rule 3-7.10 Reinstatement and Readmission Procedures Summary: Within subdivision (m) relating to taxable costs, deletes current $750 administrative fee and adds reference to new fee scale elsewhere within rules, in proposed rule 3-7.11(j). 8. Rule 3-7.11 General Rule of Procedure Summary: Revises and removes selected passages from subdivision (i), transferred elsewhere, to codify a specific disqualification due to conflict rule for particular attorneys involved in bar disciplinary proceedings; adds new subdivision ( j ) relating to administrative fees charged in discipline cases, creating a sliding scale from $1000 to $5000 for various levels of progression through the process. Subchapter 3-8 Florida Bar Grievance Mediation Program 9. Rule 3-8.1 Florida Bar Grievance Mediation Program Summary: Deleted; provisions moved and merged with various proposed revisions in chapter 14 fee arbitration rule, to be retitled “Grievance Mediation and Fee Arbitration Program.” Chapter 4 Rules of Professional Conduct Subchapter 4-7 Information About Legal Services 10. Rule 4-7.2 Communications Concerning a Lawyer’s Services Summary: Transfers language from former rule 4-7.3 to create a new subdivision (c)(11) within general regulations governing advertising content, which would specify that all required disclosures be clearly intelligible if spoken, or legible if written, and no smaller than one-quarter the size of the largest type size appearing elsewhere in the advertisement; revises remaining subsection numbers as necessary; adds conforming discussion within rule commentary. 11. Rule 4-7.3 Advertisements in the Public Print Media Summary: Removes selected passages from subdivision (b) and comment, to be transferred to rule 4-7.2, regarding the disclosure and appearance of required statements within lawyer advertisements; revises cross-reference to 4-7.2 as necessary. 12. Rule 4-7.4 Direct Contact With Prospective Clients Summary: Within subdivision (b)(2)(H), deletes the requirement that written communications be on letter-sized paper rather than legal-sized paper. 13. Rule 4-7.5 Advertisement in the Electronic Media Other Than Computer-Accessed Communications Summary: Revises cross-reference to rule 4-7.2 necessitated by proposed revision of that rule. 14. Rule 4-7.8 Exemptions From The Filing and Review Requirement Summary: Conforms rule to recent amendments elsewhere within advertising subchapter, to continue to allow exemptions from the requirements of filing and review for ads that contain only permissible content. Subchapter 4-8 Maintaining the Integrity of the Profession 15. Rule 4-8.4 Misconduct Summary: Within subdivision ( i ) and commentary, amends existing language prohibiting lawyer-client sexual conduct, to further recognize instances of sexual relations with “a representative of a client,” “including but not limited to a duly authorized constituent of” a corporate or other non-personal entity. 16. Rule 4-8.6 Authorized Business Entities Summary: Within subdivision (a), adds sole proprietorships and general partnerships to this listing of authorized business entities for the practice of law; deletes redundant references to professional limited liability companies and registered limited liability partnerships; within subdivision (e), would provide that a lawyer who is the sole shareholder or partner of an authorized business entity must sever all employment and financial interests with that entity during the term of any suspension imposed on that lawyer. Chapter 5 Rules Regulating Trust Accounts Subchapter 5-1 Generally 17. Rule 5-1.1 Trust Accounts Summary: Within subdivision (a)(1), clarifies that a lawyer may maintain funds belonging to the lawyer within a trust account in an amount no more than is reasonably sufficient to pay bank charges related to the account; deletes unnecessary cross-reference within subdivision (g)(2); creates new subdivision (h), to codify that a lawyer who holds funds for a client or third person and who determines that such funds are not nominal or short-term shall place the funds in a separate interest-bearing account for the benefit of the client or third person unless directed otherwise in writing; additionally prohibits a lawyer from receiving benefit from interest on funds held in trust; creates new commentary, transferred verbatim from rule 5-1.2 with the exception of first paragraph. 18. Rule 5-1.2 Trust Accounting Records and Procedures Summary: Within subdivision (b)(3), clarifies that trust account records that rely on copies of original bank checks must contain copies that include all endorsements; removes commentary, to be transferred verbatim to rule 5-1.1 with the exception of first paragraph. Chapter 6 Legal Specialization and Education Programs Subchapter 6-1 Generally 19. Rule 6-1.5 Disqualification as Attorney Summary: New rule, containing provisions transferred from former rule 3-7.11( i ) to codify a specific disqualification due to conflict rule for particular attorneys involved in bar certification proceedings. Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law Subchapter 10-4 Circuit Committees 20. Rule 10-4.1 Generally Summary: Within subdivision (b), allows for appointment of circuit committee chair by the designated reviewer rather than the board of governors. Subchapter 10-5 Complaint Processing and Initial Investigatory Procedures 21. Rule 10-5.2 Disqualification as Attorney Summary: New rule, containing provisions transferred from former rule 3-7.11( i ) to codify a specific disqualification due to conflict rule for particular attorneys involved in bar UPL proceedings. Subchapter 10-6 Procedures for Investigation 22. Rule 10-6.2 Subpoenas Summary: Within subdivision (a), deletes requirement that a witness subpoenaed to an investigatory hearing must appear only in the circuit where the local UPL committee is located. Subchapter 10-9 Advisory Opinions 23. Rule 10-9.1 Procedures for Issuance of Advisory Opinions on the Unlicensed Practice of Law Summary: Within subdivision (b), revises the requirement that a request for formal advisory opinion state in detail “all” operative facts upon which the request is based, to allow a statement detailing operative facts “to the extent practicable.” Chapter 14 Fee Arbitration Rule Summary: Merges grievance mediation from rule 3-8.1 and fee arbitration program within existing chapter 14, for a common administrative process; similarly relocates revised rules of procedure for mediation and fee arbitration; replaces circuit fee arbitration committees with a pool of arbitrators; establishes a joint standing committee for program oversight; amends chapter title, to read “Grievance Mediation and Fee Arbitration Program;” includes companion policies for both fee arbitration and grievance mediation. Current Subchapter 14-1 Jurisdiction and Venue / Proposed Subchapter 14-1 Establishment 24. Proposed Rule 14-1.1 Establishment 25. Current Rule 14-1.1 / Proposed Rule 14-1.2 Jurisdiction 26. Rule 14-1.2 Venue (Relocated) 27. Proposed Rule 14-1.3 Authority of Board of Governors 28. Current Rule 14-1.3 Rules / Proposed Rule 14-1.4 Application of Rules and Statutes Subchapter 14-2 Standing Committee 29. Rule 14-2.1 Generally Current Subchapter 14-3 Circuit Arbitration Committees / Proposed Subchapter 14-3 Certification of Program Mediators and Arbitrators 30. Current Rule 14-3.1 Generally (Deleted) 31. Proposed Rule 14-3.1 Application Required Subchapter 14-4 Institution of Proceedings 32. Current Rule 14-4.1 Generally / Proposed Rule 14-4.1 Arbitration Proceedings 33. Proposed Rule 14-4.2 Grievance Mediation Proceedings Current Subchapter 14-5 Rules of Procedure / Proposed Subchapter 14-5 Effect of Agreement to Mediate or Arbitrate and Failure to Comply 34. Current Rule 14-5.1 Confidentiality (Relocated) 35. Proposed Rule 14-5.1 Effect of Referral to Mediation and Failure to Comply 36. Proposed Rule 14-5.2 Effect of Agreement to Arbitrate and Failure to Comply Proposed Subchapter 14-6 Nature and Enforcement of Award 37. Current Rule 14-5.2 / Proposed Rule 14-6.1 Binding Nature Proposed Subchapter 14-7 Immunity and Confidentiality 38. Current Rule 14-5.3 Immunity / Proposed Rule 14-7.1 Immunity and Confidentiality FEE ARBITRATION POLICIES 39. Rule I Preamble 40. Rule II Selection of Arbitrators 41. Rule III Record of Proceedings 42. Rule IV Hearings 43. Rule V Closing of Hearings 44. Rule VI The Award 45. Current Rule VII Enforcement / Proposed Rule VII Standards for Certification and Training 46. Rule VIII Death or Incompetence of a Party GRIEVANCE MEDIATION POLICIES 47. Rule I Adoption of Policies 48. Current Rule II Grievance Mediation Program Committee (Relocated) 49. Current Rule III / Proposed Rule II Program Mediators 50. Current Rule IV / Proposed Rule III Guidelines for Referrals 51. Current Rule V / Proposed Rule IV Procedures 52. Current Rule VI / Proposed Rule V Cost of Mediation STANDING BOARD POLICIES 500 Series – Committees, Sections and Divisions 53. Standing Board Policy 5.10 Standing Committees Summary: Conforms name changes, additions, or deletions of various committees, and revises existing alphabetical listings as necessary. 700 Series – Legal Specialization and Education 54. Standing Board Policy 7.10 Adoption, Amendment or Repeal of Policies Related to LSE Summary: Deletes outdated reference to the Florida Designation Plan. 55. STANDARDS FOR IMPOSING LAWYER SANCTIONS IN ADVERTISING AND SOLICITATION RULE VIOLATIONS Summary: New standards, as part of the comprehensive Florida Standards for Imposing Lawyer Sanctions, related specifically to violations of advertising and solicitation regulations and intended to further provide guidance for grievance committees, bar counsel, referees, respondents, and the court; organized into categories regarding advertising, direct mail communications, solicitation, information on request, forfeiture of fees (already authorized in the Rules Regulating The Florida Bar), and mitigation and aggravation; suggested sanctions are hierarchical, depending on the isolated or repetitive nature of the conduct, the knowing or unknowing nature of the violation (knowing violations are presumed by any member of the bar who has advertised and participated in the review process before using the alleged offending advertisement), and the level of harm. BOARD OF LEGAL SPECIALIZATION AND EDUCATION (BLSE) POLICIES 400 Series – Florida Certification Plan 56. BLSE 4.09 Consideration of Appeal Summary: Within subdivision (b) deletes “supporting material filed by the petitioner” from the codified definition of “record”; within subdivision (c), deletes the restrictive bases for an appeals committee decision without oral argument; within subdivision (d) adds that tie votes of the appeals committee are considered favorable to the review panel decision, as well as the BLSE decision at issue. 500 Series – Course Approval Summary: Proposes new fee structure for course evaluation; other minor adjustments to various policy provisions to specify credit assignments for educational activities. 57. 5.01 Course Approval Administration – within subdivisions (c) & (d), increases late fee and rush processing fee, respectively; within subdivision (e), proposes one fee schedule based upon sponsor categories rather than credit evaluation selections; deletes subdivision (f) because of redundancy in proposed revisions to (e); revises all following subdivision entries accordingly; within subdivision (g), clarifies fee requirement when programs are sponsored by two or more sponsors; within new subdivision, specifies distribution of evaluation fee revenue to CLER and Certification program budgets; within subdivision (h), revises language and incorporates reliance of staff upon certification committee policies as well as BLSE policies for credit evaluation; within subdivision (i), clarifies content of accreditation notice and staff responsibility; within subdivision (k), adds language to permit on-line courses to receive credit similar to audio video programs. 58. 5.03 Course Approval Standards – revisions are non-substantive; editorial only. 59. 5.04 Credit Approval – within subdivision (d), adds language to also include and clarify entitlement to one-half credit hour for programs devoted to substance abuse and mental illness awareness; within subdivision (e), adds language to clarify amount of credit permitted for trial and appeal demonstrations and moot court participation as equivalent to that permitted for lectures; within subdivisions (f) – (k), substitutes all references to “hours” with the word “credits”; also within subdivision (i), reference to “3-hour” time block is revised to “150 minutes.” 60. 5.05 Credit for Other CLE Activities – substitutes all references to “hours” throughout with the word “credits”; revises all internal references to “1 hour” time blocks, to read “50 minutes”; clarifies all references to reporting cycles, to read “3-year CLER reporting cycle”; within subdivision (a)(6), proposes exclusion of additional credit for preparation of a lecture outline above that granted for delivery of the lecture; within subdivision (d)(5), proposes exclusion of writing credit for CLE handout materials. 61. 5.06 Complimentary Audio Tapes – strikes unnecessary language; eliminates specific January date reference for distribution of complimentary audio tapes; eliminates references to purchases of such tapes at cost. BYLAWS 62. Environmental and Land Use Law Section Bylaws Summary: Within Articles IV (Executive Council) & V (Terms of Officers & Executive Council Members: Nomination & Election of Officers & Executive Council) revises pertinent provisions to allow all past chairs to be ex-officio voting members of the executive council; excepts past chairs (unless officers) from provisions that declare executive council offices vacant due to excessive absences from council meetings; excepts past chairs (unless officers) from provisions that specify a quorum for executive council meetings; excepts past chairs (unless officers) from provisions that specify the formal nomination and election of executive council members. 63. Workers Compensation Section Bylaws Summary: Within Articles III (Officers), V (Nomination & Election of Officers & Executive Council) & VI (Meetings) revises the terms of section officers to end upon conclusion of the annual meeting of the executive council rather than the Annual Meeting of The Florida Bar; adjusts the formal nomination and election procedures for section officers, to reflect revised terms of office; deletes bylaw requirement that section meet at the Annual Meeting of The Florida Bar, instead requiring an executive council meeting at the Midyear Meeting of The Florida Bar and an annual council meeting with the section in conjunction with the section’s annual educational conference; revises provisions that declare executive council offices vacant due to excessive absences from council meetings, to apply to 2 absences from any meeting in a year, and to require that absences be excused “at the time of the missed meeting.” Notice: Proposed board actions October 1, 2002 LAWS Regular Newscenter_img Proposed board actionslast_img

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