The opinion
Supreme Court of Florida
____________
No. SC2024-0030
____________
IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR – MISCELLANEOUS PETITION.
May 9, 2024
PER CURIAM.
The Florida Bar has filed a petition proposing amendments to
Rules Regulating The Florida Bar 1-3.2 (Membership
Classifications), 1-3.3 (Official Bar Name and Contact Information),
1-3.7 (Reinstatement to Membership), 1-7.3 (Membership Fees),
11-1.8 (Continuation of Practice Program After Completion of Law
School Program or Graduation), and 20-3.1 (Requirements for
Registration). The Bar also proposes amendments to Bylaw 2-3.10
(Meetings) and to Chapter 8 (Lawyer Referral Rule).
The Florida Bar’s Board of Governors approved the proposed
amendments, and the Bar published the amendments for comment
in The Florida Bar News. No comments were received.
Having considered the Bar’s petition, we amend the Rules
Regulating The Florida Bar, essentially as proposed by the Bar but
with minor modifications.
The amendments provide that only members of the Bar in
good standing may elect inactive status, and that the Bar can waive
or extend continuing legal education or basic skills course
requirements upon a showing of hardship. The amendments also
clarify that Bar members must practice under their official Bar
names and must notify the Bar of any other states where they are
licensed to practice. In addition, the amendments allow graduates
of accredited law schools who have applied to the Bar and received
their initial clearance letters from the Florida Board of Bar
Examiners to work for 18 months for the same entities and under
the same restrictions as students from law school practice
programs. The Bar’s petition would have set the maximum term for
this work provision at 12 months, but we modify this number to 18
months in light of recent amendments whereby we expanded the
maximum term to 18 months for practice program students. See In
re Amends. to Rule Regulating Fla. Bar 11-1.8, 380 So. 3d 441 (Fla.
2024).
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The amendments also update and restructure chapter 8,
which addresses lawyer referral services. In particular, the
amendments prohibit participation in a lawyer referral service
program if the Bar member is facing disciplinary proceedings or has
been disciplined in the past 5 years (10 years for discipline resulting
in suspension or disbarment).
Next, the amendments add to rule 20-3.1 the option for a
person to become a Florida Registered Paralegal via an attestation of
paralegal work experience from an employing or supervising
attorney—an option that was originally included in the rule but was
initially intended only as a temporary measure.
Finally, several technical and stylistic revisions are made
throughout the rules to improve clarity and promote internal
consistency and consistency with other rulesets.
Accordingly, the Rules Regulating The Florida Bar are
amended as reflected in the appendix to this opinion. New
language is indicated by underscoring; deletions are indicated by
struck-through type. The amendments shall become effective July
8, 2024, at 12:01 a.m.
It is so ordered.
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MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
F. Scott Westheimer, President, Roland Sanchez-Medina, Jr.,
President-elect, Rosalyn Sia Baker-Barnes, President-elect
Designate, Elizabeth Clark Tarbert, Director, Lawyer Regulation,
and Joshua E. Doyle, Executive Director, The Florida Bar,
Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 1-3.2. MEMBERSHIP CLASSIFICATIONS
(a) [No change]
(b) Inactive Members. Inactive members of The Florida Bar
means only those members who have properly elected to be
classified as inactive in the manner elsewhere provided. A member
may elect inactive status only if the member is currently in good
standing.
Inactive members will:
(1) – (8) [No change]
Failure of an inactive member to comply with all these
requirements is cause for disciplinary action.
An inactive member may, at any time, apply for reinstatement to
active membership in good standing to become eligible to practice
law in Florida in the manner provided in rule 1-3.7.
RULE 1-3.3. OFFICIAL BAR NAME AND CONTACTREQUIRED
INFORMATION
(a) Designation. Each member of The Florida Bar must
designate an official bar name, mailing address, business telephone
number, and business e-mail address. The official bar name may
not be a fictitious name. If the physical location or street address is
not the principal place of employment, the member must also
provide an address for the principal place of employment. The
Florida Bar may excuse a bar member from the requirement of
providing an e-mail address if the bar member has been excused by
the court from e-service or the bar member demonstrates that the
bar member has no e-mail account and lacks Internet service at the
bar member’s office.
(b) Notice of Admission to Other Jurisdictions. Each member
of The Florida Bar must notify The Florida Bar of all other states,
including the District of Columbia, in which that member is
licensed to practice law.
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(c) Practice Under Official Bar Name. A member must
practice only under the member’s official bar name. This rule does
not prohibit a lawyer from using a law firm name that does not
include the lawyer’s official bar name in compliance with other
Rules Regulating The Florida Bar.
(bd) Changes. Each member must promptly notify the
executive director of any changes in any information required by
this rule. The official bar name of each member of The Florida Bar
must be used in the course of the member’s practice of law.
Members may change their official bar name only by sending a
request to the Supreme Court of Florida. The court must approve
all official bar name changes.
RULE 1-3.7. REINSTATEMENT TO MEMBERSHIP
(a) [No change]
(b) Petitions Required. A member seeking reinstatement must
file a petition with the executive director setting forth the reason for
inactive status, retirement, or delinquency and showing good cause
why the petition for reinstatement should be granted. The
petitioner must include all required information on a form approved
by the board of governors. The petition must be accompanied by a
nonrefundable reinstatement fee of $150 and payment of all
arrearages unless adjusted by the executive director with
concurrence of the executive committee for good cause shown.
Inactive members are not required to pay the reinstatement fee. No
member will be reinstated if, from the petition or from investigation
conducted, the petitioner is not of good moral character and morally
fit to practice law or if the member is delinquent with the
continuing legal education or basic skills course requirements,
except that the executive director has discretion to waive or extend
the time period to complete continuing legal education or basic
skills course requirements on a showing of undue hardship.
If the executive director is in doubt as to approval of a petition,
the executive director may refer the petition to the board of
governors for its action. Action of the executive director or board of
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governors denying a petition for reinstatement may be reviewed on
petition to the Supreme Court of Florida.
(c) – (g) [No change]
RULE 1-7.3. MEMBERSHIP FEES
(a) Membership Fees Requirement. On or before July 1 of
each year, every member of The Florida Bar must pay annual
membership fees to The Florida Bar in the amount of $265 per
annum, except those members who have retired, resigned, been
revoked or disbarred, or been classified as inactive members due to
incapacity under rule 3-7.13chapter 3. Every member of The
Florida Bar must pay the membership fee and concurrently file a
fee statement with any information the board of governors requires.
(b) – (f) [No change]
BYLAW 2-3.10. MEETINGS
The board of governors will hold 6 regular meetings each year,
at least 1 of which will be held in Tallahassee. The president-elect
selects the places and times of the meetings to be held during the
president-elect’s term as president, subject to the approval of the
board of governors. Special meetings will be held at the direction of
the executive committee or the board of governors. Any member of
The Florida Bar in good standing may attend meetings at any time
except when the board is in executive session concerning
disciplinary matters, personnel matters, member objections to
legislative positions of The Florida Bar, or receiving attorney-client
adviceas defined in the board of governors standing board policies.
MinutesThe executive director or executive director’s designee must
take and maintain minutes of all meetings will be kept by the
executive director.
RULE 8-1.1. STATEMENT OF POLICY AND PURPOSES
Every citizen of the state should have access to the legal system.
A person’s access to the legal system is enhanced by the assistance
of a qualified lawyer. Citizens often encounter difficulty in
identifying and locating lawyers who are willing and qualified to
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consult with them about their legal needs. To this end bonaBona
fide not-for-profit state and local bar associations are uniquely
qualified to provide lawyer referral services under supervision by
The Florida Bar for the benefit of the public. It is the policy of The
Florida Bar’s policy is to support the establishment of local lawyer
referral services and to encourage those services to: (a) make legal
services readily available to the general public through a referral
method that considers the client’s financial circumstances, spoken
language, geographical convenience, and the type and complexity of
the client’s legal problem; (b) provide information about lawyers and
the availability of legal services that will aid in the selection of a
lawyer; (c) inform the public when and where to seek legal services
and provide an initial determination of whether those services are
necessary or advisable; and (d) provide referral to consumer,
government, and other agencies when the individual’s best interests
so dictate.
RULE 8-2.1. REQUIREMENTS FOR ESTABLISHING A LAWYER
REFERRAL SERVICE SPONSORED BY A LOCAL BAR
ASSOCIATION
The Board of Governors of The Florida Bar may adopt such
regulations as it deems desirable governing the establishment,
operation, and termination of lawyer referral services operated by a
local bar association.
NoA local bar association shallmay operate a lawyer referral
service except upon application to andonly on approval by theThe
Florida Bar Board of Governors of The Florida Bar. No lawyer
referral service shall be approved by The Florida Bar unless suchA
lawyer referral service sponsored by a local bar association must be
is offered primarily for the benefit of the public and unless such
lawyer referral service is established and operated by a nonprofit
organization exempt from federal taxation under section 501(c)(3),
501(c)(4), or 501(c)(6) of the Internal Revenue Code of 1986.
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RULE 8-2.2. LOCAL BAR ASSOCIATION SPONSORED LAWYER
REFERRAL BYLAWS
The bylaws or rules and regulations that govern an existing
lawyer referral service or the proposed bylaws or rules and
regulations that will govern a proposed lawyer referral service must
include the following.
(a) Proof of Professional Liability Insurance. All members of
the lawyer referral service must maintain and provide proof to the
sponsoring local bar association of professional liability insurance
in the minimum amount of $100,000, unless the proposed lawyer
referral service itself carries professional liability insurance in an
amount not less than $100,000 per claim or occurrence.
(b) Membership Restricted to Geographic Area. All members
of the lawyer referral service must maintain an office in the
geographic area served by the proposed lawyer referral service.
(c) Membership Eligibility. Membership in the lawyer referral
service is limited to members of The Florida Bar in good standing
with no pending disciplinary matters in which probable cause has
been found by any court or other authorized disciplinary agency of
any jurisdiction.
(1) Membership will be denied if, at the time of the initial
application, the applicant:
(A) has a disciplinary matter with a finding of probable
cause pending in any court or other authorized disciplinary
agency of any jurisdiction;
(B) has received within the past 5 years:
(i) any discipline by any court or other authorized
disciplinary agency of any jurisdiction; or
(ii) any judgment, conviction (whether or not
adjudicated), or determination in a court or administrative
proceeding of the commission of any act of false
statement, fraud, dishonesty, or misrepresentation;
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(C) has received within the past 10 years:
(i) any determination by any court or other authorized
disciplinary agency of any jurisdiction resulting in
suspension; or
(ii) disciplinary revocation, disciplinary resignation,
disbarment, or their equivalents of the applicant’s license
to practice law; or
(D) is currently on probation with any court or other
authorized disciplinary agency of any jurisdiction, in which
case the lawyer referral service will not consider the
application until the lawyer has successfully completed the
probationary period.
(2) The lawyer referral service will suspend membership of a
member if probable cause is found by any court or other
authorized disciplinary agency of any jurisdiction.
(3) The lawyer referral service will remove a member if the
member has:
(A) willfully failed to abide by the bylaws or rules of the
proposed lawyer referral service;
(B) signed any application or other certification or report
to the proposed lawyer referral service that is found to be
untrue in any material respect; or
(C) become ineligible to provide the legal services for which
persons are referred.
RULE 8-2.23. CONTENTS OF APPLICATION
An application by aA local bar association to the Board of
Governors of The Florida Bar for authorityseeking approval to
operate a lawyer referral service under this chapter must be in
writing filedfile a written application with The Florida Bar the
executive director. The application must containing the following
information:
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(a) Statement of Benefits. Aa statement of the benefits to the
public to be achieved by the implementation ofimplementing the
lawyer referral service.;
(b) Proof of Nonprofit Status. Proofproof that the referral
service is established and operated by a nonprofit organization
exempt from federal taxation under section 501(c)(3), 501(c)(4), or
501(c)(6) of the Internal Revenue Code of 1986.;
(c) Submission and Content of Bylaws. Thethe proposed
bylaws or rules and regulations that will govern the lawyer referral
service; must include the following regulations:
(1) All members of the proposed referral service must provide
proof of professional liability insurance in the minimum amount
of $100,000 unless the proposed lawyer referral service itself
carries professional liability insurance in an amount not less
than $100,000 per claim or occurrence.
(2) The proposed lawyer referral service will accept
membership applications only from lawyers who maintain an
office in the geographic area served by the proposed lawyer
referral service.
(3) The proposed lawyer referral service agrees to maintain
an alphabetical member list, updated quarterly, with The Florida
Bar. In turn, The Florida Bar will notify the service of any
unresolved finding of probable cause against a member. When
probable cause has been found at the local grievance committee
level, and the lawyer referral service has been notified, the
service must hold referral to the member in question until the
matter is resolved. If the member is in good standing with The
Florida Bar and eligible to practice law in Florida after the
resolution of the matter, then the member may be returned to
the service.
(d) Estimated Number of Panel Members. Thethe estimated
number of lawyers who will participate in the service.;
(e) Number of Local Lawyers. Thethe number of lawyers in the
area.;
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(f) Statement of Need. Aa statement of the condition that
evidencesdemonstration of a need for the service in the area.;
(g) Geographic Operational Area. Thethe geographic area in
which the proposed referral service will operate.;
(h) Statement of Operation. Aa statement of how the lawyer
referral service will be conducted.;
(i) Statement of Fees. Aa statement of fees to be charged by
the lawyer referral service, including, but not limited to, fees
charged by the referral service to members of the public using the
service and fees charged by the referral service or remitted to the
referral service by member lawyers.;
(j) Statement of No Discrimination. Aa statement that the
lawyer referral service will be open for referral to the members of the
public without regard to race, sex, ethnicity, gender, religion,
national origin, disability, marital status, sexual orientation, age, or
socioeconomic status, employment, or physical characteristic.; and
(k) Statement of No Discrimination in Local Bar
Membership. Aa statement that the local bar association is
representative of the profession in the area of the service and is
open to all members of the profession on an equal basis.
RULE 8-2.34. APPROVAL OF APPLICATION
The board of governors may approve or disapprove the
application to operate a lawyer referral service or it may call
forrequire additional information upon which to base its decision.
No lawyer referral service shall be commenced by or on behalf of a
local bar association until approval thereof has been communicated
in writing from the Board of Governors of The Florida BarThe board
of governors’ written decision will be provided to the applicant.
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8-3. SUPERVISION AND REPORTING REQUIREMENTS
RULE 8-3.1. SUPERVISION
The Florida Bar must actively supervise the operation and
conduct of all lawyer referral services established under this
chapter at no charge to the local bar association or its lawyer
referral service.
RULE 8-3.12. SUPERVISION AND REPORTING REQUIREMENTS
Any lawyer referral service approved by The Florida Bar and
operated by a local bar association shall submit 3 quarterly reports
and an annual report to The Florida Bar. The reports shall contain:
(a) a statement of the sources of income by category and
amount;
(b) a statement of expenditures by category and amount;
(c) the number of attorneys who were members of the lawyer
referral service for the reporting period and special panels, if any;
(d) the number of inquiries received by the referral service from
members of the public during the reporting period;
(e) the number of referrals for legal services made by the service
during the reporting period;
(f) the number of referrals for nonlegal services made by the
service during the reporting period;
(g) a statement of the operation of the lawyer referral service,
including the number of personnel employed and the means by
which referrals are made by the service; and
(h) a statement of changes, if any, to the bylaws and regulations
governing the lawyer referral service.
The annual report shall also contain a proposed budget for the
next year and a statement of any material changes in the operation
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of the lawyer referral service since the filing of the initial application
under rule 8-2.2 above.
(a) Quarterly Reports. Any lawyer referral service approved by
The Florida Bar and operated by a local bar association must
submit quarterly reports to The Florida Bar containing:
(1) a statement of the sources of income by category and
amount;
(2) a statement of expenditures by category and amount;
(3) the number of lawyers who were members of the lawyer
referral service for the reporting period and special panels, if
any;
(4) the number of inquiries received by the referral service
from members of the public during the reporting period;
(5) the number of referrals for legal services made by the
service during the reporting period;
(6) the number of referrals for nonlegal services made by the
service during the reporting period;
(7) a statement of the operation of the lawyer referral service,
including the number of personnel employed and the means by
which referrals are made by the service; and
(8) a statement of changes, if any, to the bylaws and
regulations governing the lawyer referral service.
(b) Annual Report. Any lawyer referral service approved by The
Florida Bar and operated by a local bar association must submit an
annual report to The Florida Bar that contains the information in
the quarterly reports above plus a proposed budget for the following
year and a statement of any material changes in the operation of
the lawyer referral service since the filing of the initial application or
the immediate past annual report, whichever is later.
(c) Disciplinary History Request for New Applicants. Any
lawyer referral service approved under this chapter must notify The
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Florida Bar in the manner specified by the bar of each new
applicant and obtain that applicant’s disciplinary history before
admitting the applicant to membership.
(d) Notice of Removal or Resignation of Panel Members. Any
lawyer referral service approved under this chapter must notify The
Florida Bar in the manner specified by the bar of each member who
is removed from or voluntarily stops participation with the approved
lawyer referral service.
The Florida Bar shall actively supervise the operation and
conduct of all lawyer referral services established under this
chapter and may require such other information as it deems
necessary to determine the benefits of such service to the public
and the achievement of the policies stated herein. The Florida Bar
shall not make any charge to the local bar association or its lawyer
referral service for such supervision.
RULE 8-4.1. REVOCATION
Upon good cause shown, theThe board of governors may revoke
the authority of any bar association to operate a lawyer referral
service for good cause. Good cause includes, but is not limited to,
failure to comply with any requirements of this chapter.
RULE 8-5.1. GENERALLY
The staff of The Florida Bar Lawyer Referral Service, as well as
and any local bar associations with a lawyer referral service
approved under rule 8-2.1this chapter, including their directors,
officers, lawyer referral service committees, and staff, have absolute
immunity from civil liability for all acts in the course of their official
duties in furtherance ofunder this chapter.
RULE 11-1.8. CONTINUATION OF PRACTICE PROGRAM AFTER
COMPLETION OF LAW SCHOOL PROGRAM OR GRADUATION
(a) Certification. A law student at an American Bar
Association-approved Florida law school who has filed an
applicationapplied for admission to The Florida Bar, received an
initial clearance letter as to character and fitness from the Florida
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Board of Bar Examiners, completed a law school practice program
awarding a minimum of 3 semester credit hours or the equivalent
or requiring at least 200 hours of actual participation in the
program, and had certification withdrawn by thewhose law school
dean has withdrawn certification for by reason of successful
completion of the program or graduated from law school following
successful completion of the program may make appearances for
any of the same supervisory authorities under the same
circumstances and restrictions that were applicable to students in
law school programs under this chapter if the supervising lawyer:
(1) – (3) [No change]
(b) Graduates of Non-Florida Law Schools. A graduate of an
American Bar Association-approved non-Florida law school may
qualify for continuation in the practice program if the graduate has
filed an application for admission to The Florida Bar, received a
letter of initial clearance as to character and fitness from the Florida
Board of Bar Examiners, and has successfully completed a clinical
program in law school that met the definition of a law school
practice program under rule 11-1.2 that awarded a minimum of 3
semester hours or the equivalent or required at least 200 hours of
actual participation in the program.
(b) Certification of Law School Graduates. A graduate of an
American Bar Association-approved law school who has filed an
application to The Florida Bar and received an initial clearance
letter as to character and fitness from the Florida Board of Bar
Examiners may appear for the maximum term of certification of 18
months from graduation for the same entities and under the same
restrictions that apply to students in law school practice programs
under this chapter if the supervising lawyer:
(1) files a certificate of the dean of the law school, or a person
designated by the dean, that the applicant graduated from law
school on the date stated in the certificate;
(2) files the Florida Board of Bar Examiner’s initial clearance
letter of the applicant as to character and fitness; and
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(3) further certifies that the lawyer assumes the duties and
responsibilities of the supervising lawyer as provided by other
provisions of this rule.
(c) – (e) [No change]
RULE 20-3.1. REQUIREMENTS FOR REGISTRATION
In order to be a Florida Registered Paralegal under this chapter,
an individual must meet 1 of the following requirements.
(a) – (b) [No change]
(c) Grandfathering ReapplicationDesignation by Attestation.
A paralegal who was registered under the grandfathering provision
on or prior to March 1, 2011, who resigns or whose registration is
revoked may reapply based on work experience alone. The paralegal
must provide work experience as defined elsewhere in these rules
for 5 of the 8 years immediately preceding the date of reapplicationA
person who does not meet the requirements of subdivisions (a) or
(b) may become a Florida Registered Paralegal by meeting the
following requirements:
(1) providing attestation from an employing or supervising
lawyer on a form approved by The Florida Bar that the person
has paralegal work experience as defined elsewhere in these
rules for 5 of the 8 years immediately preceding the date of the
attestation and a statement of proficiency describing the
applicant’s work experience as a paralegal; and
(2) submitting at the time of the application proof that the
applicant has completed the following continuing education
requirements within the prior 3 years from the date of the
application: 30 hours of general continuing education including
10 hours of ethics/professionalism, and 3 hours of technology.
Acceptable courses include those approved for credit by The
Florida Bar, NALA, or the NFPA.
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