August 1, 2005 LAWS Regular News 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 August 26 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)561-5751 — reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 2 Bylaws of The Florida Bar Subchapter 2-7 Sections 1. Bylaw 2-7.3 Creation of Sections and Divisions Summary: Changes the name of the “Out-Of-State Practitioners Division” to the “Out-Of-State Division.” Chapter 3 Rules of Discipline Subchapter 3-6 Employment of Certain Attorneys or Former Attorneys 2. Rule 3-6.1 General Summary: Throughout entire rule, clarifies the limitations imposed on suspended, disbarred, or disciplinary resigned attorneys when they are employed by lawyers and law firms. Subchapter 3-7 Procedures 3. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal Misconduct Summary: Substantial revision of existing rule: within subdivision (a), expands definition of “determination of guilt’; within subdivision (b), extends the conclusive proof of guilt provisions regarding felony cases to all criminal cases; within subdivision (c), requires a member of the bar who is arrested on felony charges to give notice of such arrest to the executive director within 10 instead of 30 days; within subdivisions (c) – (e), provides notice requirements for members, court clerks, and state attorneys regarding institution of felony charges against the member, and regarding determination or judgment of guilt of any crimes; within newly proposed subdivision (f) – current (e) – streamlines and conforms text to proposed amendments elsewhere; within newly proposed subdivision (g) – current (f) – deletes subdivisions (2) & (3) and adds that a petition to modify or terminate suspension shall not stay any suspension under this rule; deletes current subdivision (g); within newly proposed subdivision (h), adds new provisions for appointment of referee upon entry of a suspension order, and includes procedures and timelines for separate hearings on petitions to modify or terminate and petitions on sanctions; within newly proposed subdivision (i) – portions of current (h) and all of current (i) are deleted – revises current (h)(3) to clarify that a suspension remains in effect during any appeal of a criminal conviction; within newly proposed subdivision (j), revises existing provisions regarding expunction to include any disciplinary action under this rule, and to encompass criminal matters disposed by dismissal as well as acquittal; within newly proposed subdivision (k), adds that a respondent may waive the time requirements of this rule by written request and judicial approval; revises affected subdivision titles and other entries appropriately. Chapter 4 Rules of Professional Conduct Subchapter 4-1 Client-Lawyer Relationship 4. Rule 4-1.8 Conflict of Interest: Prohibited and Other Transactions Summary: Within subdivision (h), adds new language that would permit a lawyer – upon request of a potential client – to contract with the client to resolve through mandatory arbitration any malpractice claim by the client against the lawyer that may arise; sets forth required language for any such attorney-client agreement; proposed as companion to suggested amendments creating new rule 4-1.5(i). Subchapter 4-6 Public Service 5. Rule 4-6.5 Voluntary Pro Bono Plan Summary: Consistent with proposed changes in rule 2-7.3, changes the name of the Out-of-State Practitioners Division to the Out-of-State Division. Chapter 6 Legal Specialization and Education Programs Subchapter 6-1 Generally 6. Rule 6-1.2 Public Notice Summary: Consistent with court opinions and Bar committee determinations, updates the explanation of board certification for public notices in telephone directory yellow pages. Subchapter 6-22 Standards for Certification of a Board Certified Antitrust and Trade Regulation Lawyer 7. Rule 6-22.4 Recertification Summary: Within subdivision (a), adds “or trade regulation law” to certification area name consistent with headings and references elsewhere in subchapter; within subdivision (b), allows certification committee discretion whether to request samples of administrative, trial, or appellate memoranda or briefs from an applicant rather than mandating the submission of such materials. Subchapter 6-23 Standards for Certification of a Board Certified Labor and Employment Lawyer 8. Rule 6-23.3 Minimum Standards Summary: Within subdivision (c), expands qualifying experience to include service as a judge, hearing officer, arbitrator, or mediator in the 30 days’ minimum involvement in litigation and/or administrative proceedings; within subdivision (e) provides authority for the board of legal specialization and education or the labor and employment law certification committee to establish policies applicable to this rule. 9. Rule 6-23.4 Recertification Summary: Within subdivision (a), removes reference to language in 6-23.3(b) and restates that subdivision language verbatim; within subdivision (b) removes reference to rule 6-23.3(c) and restates that subdivision language verbatim, with proposed changes; within subdivision (c), adds authority for the board of legal specialization and education or the labor and employment law certification committee to establish policies applicable to this rule; also within subdivision (c), eliminates reference to rule 6-23.3(e) and restates subdivision language verbatim regarding how the education requirement may be satisfied. Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law Subchapter 10-2 Definitions 10. Rule 10-2.1 Generally Summary: Within subdivision (a)(2), clarifies language regarding a person’s use of the title “paralegal” or “legal assistant.” Chapter 17 Authorized House Counsel Subchapter 17-1 Generally 11. Rule 17-1.2 Definitions Summary: Within subdivision (a)(6), rearranges wording of rule to clarify that an authorized house counsel must reside in Florida or soon relocate to Florida. Chapter 18 Military Legal Assistance Counsel Rule Subchapter 18-1 Generally 12. Rule 18-1.2 Definitions Summary: Within subdivision (a)(4), expands definition of “authorized legal assistance attorney” to also include a person who completes a resident military officer basic course which qualifies the person to be a JAG officer in their particular military service. STANDING BOARD POLICIES 500 Series – Committees, Sections and Divisions 13. Policy 5.10 Standing Committees Summary: Conforms name changes, additions, or deletions of various committees as necessary. 14. Policy 5.60 Section Budget Policies Summary: Based on suggested revisions within newly proposed SBP 5.63, deletes subdivision (f) regarding distribution of dues proceeds and redesignates subsequent subdivisions appropriately. 15. Policy 5.63 Administrative Support Policy Summary: New proposed policy for calculating the amount each section is to reimburse The Florida Bar for support services, including 80 percent of general and administrative allocation. Section charges range from $12.50 per paying member to $17.50, effective July 1, 2006. Allows in certain circumstances for support in excess of the amount collected, and for return of any excess paid if support costs are less. 600 Series – Continuing Legal Education 16. Policy 6.31 Distribution of Proceeds Summary: Changes codify the recently approved formula for distribution of CLE proceeds or losses between The Florida Bar and either co-sponsoring sections or the Out of State Practitioners Division. Effective July 1, 2005 distribution will be on a net basis after all costs, direct and indirect, have been paid. 1500 Series – Lawyer Regulation Policies 17. Policy 15.20 Recusal of Board Members Summary: Consistent with recent changes in policy 15.10, adds language within subdivision (a) to clarify that the president or presiding officer may order recusal of a board member in a disciplinary matter upon concurrence of a majority of the board; further clarifies that a recused member may not participate in any manner of discussions with any member or group of members of the board concerning the matter; adds new language stating that a recused member should not be present when the matter is being debated by the board. BLSE POLICIES 18. Policy 2.11 Exam Preparation and Administration, Applicant Misconduct Summary: Adds new subdivision (f) re applicant misconduct, stating that failure to follow staff or administrator instructions pertaining to the examination or its administration shall disqualify an applicant’s exam and application; redesignates subsequent subdivisions appropriately. 19. Policy 2.13 Applicant Review Process for Certification or Recertification Summary: Within subdivision (a), adds language to authorize area committee review and investigation of an application for certification in an area other than that overseen by the committee; also within subdivision (a), adds new language allowing applicant review by other members of the area committee or other committees in situations where a fair judgment cannot or might not be rendered due to actual or perceived conflict. 20. 300 Series – Certification Program Accreditation Summary: New proposed series of policies, to establish procedures and criteria to guide BLSE in its review and evaluation of programs and organizations that issue various board certifications to members of The Florida Bar. 3.01 Authority and Purpose 3.02 Definitions 3.03 Eligibility for Accreditation 3.04 Minimum Standards for Lawyer Certification 3.05 Minimum Standards for Lawyer Recertification 3.06 Applicant Procedural Requirements 3.07 Application for Accreditation 3.08 Evaluation Subcommittee 3.09 Evaluation Subcommittee Action 3.10 BLSE Action 3.11 Duration of Accreditation 3.12 Advertisement of Accreditation 3.13 Revocation of Accreditation 3.14 Revocation Process 3.15 Annual Renewal 3.16 Fees 3.17 Disclosure of Information BYLAWS 21. Health Law Section Summary: Within Article II (Purposes), adds a mission statement for the section; within Article IV (Executive Council) deletes outdated provisions dealing with terms of office during the section’s first year of existence after adoption of its bylaws; within Article IX (Committees) adds a Communications and Technology Committee, deletes the Substantive Law Committee, renames the Education Committee as the Education, Training and Information Committee, deletes the Nominating and Legislative Committees as full committees, and renames and reconfigures the Section Administration Committee as the Section Effectiveness Committee, to now include Nominating and Legislative Subcommittees; and within Article X (Miscellaneous) revises effective date of bylaws. 22. Tax Section Summary: Within Article VI, Section 4, changes the structure of the Federal Tax Division into five separate subdivisions and designated committees, with assistant directors who report to the division director; within Article VIII, Section 3, adds requirement that a proposed legislative position be within the scope of both Articles I and Section I of Article VIII of the section bylaws rather than one or the other. CLIENTS’ SECURITY FUND REGULATIONS 23. Regulation 14 Definition of Useful Services Summary: Revises regulation that states CSF claims “will be denied” if useful services were performed to a claimant, to read that claims “may be denied” in such instances; adds a definition of useful services. Proposed Board of Governors actions
Proposed Board of Governors actions
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