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Proposed board actions

first_img Proposed board actions Proposed board actions November 15, 2005 LAWS Regular Newscenter_img 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 December 16 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 1 General Subchapter 1-7 Membership Fees and Fiscal Control 1. Rule 1-7.3 Membership Fees Summary: Creates new subdivision f, to allow for an exemption from membership fees for activated reserve members of the armed services. 2. Rule 1-7.5 Retired, Resigned, Inactive, Delinquent Members Summary: Deletes “resigned” members from the listing of those members who shall not practice law until reinstated; revises title likewise. Subchapter 1-12 Amendments 3. Rule 1-12.2 Supreme Court Procedures on the Review of Proposed Amendments Summary: New rule, which sets forth a court conference and dialogue process – rather than a case or controversy format – as the procedure to amend the Rules Regulating The Florida Bar. Chapter 3 Rules of Discipline Subchapter 3-2 Definitions 4. Rule 3-2.1 Definitions; Generally (Designated Reviewer) Summary: Within subdivision (p), deletes various provisions regarding the assignment of other specific duties by the board of governors, service of other board members as replacement reviewers in the event of a designated reviewer’s recusal or unavailability, selection of a designated reviewer by those board members from the circuit of the grievance committee’s jurisdiction, and the reassignment of reviewer responsibility within circuits with unequal numbers of board members and grievance committees. Subchapter 3-5 Types of Discipline 5. Rule 3-5.2 Emergency Suspension and Probation Summary: Within subdivision (a), adds “a true copy of an order of a court or tribunal of competent jurisdiction” as a further basis for establishing that an attorney may be causing great public harm. Subchapter 3-7 Procedures 6. Rule 3-7.5 Procedures Before the Board of Governors Summary: Within subdivision (a), deletes second sentence which allows a designated reviewer, upon review of grievance committee action, to either request that the committee reconsider its action or to refer the action to the board of governors for its review. 7. Rule 3-7.6 Procedures Before a Referee Summary: Within subdivision (n), adds new subdivision (3) to state that the referee prepares the record with the assistance with bar counsel, certifies that the record is complete, serves a copy of the index on the respondent and the bar, and files the record with the court; adds new subdivision (4) to confirm that the respondent and bar may seek to supplement the record or have items removed via appropriate motion to the referee within 15 days of service of the index, and to provide for review of any denial of such motion. 8. Rule 3-7.11 General Rules of Procedure Summary: Within subdivision (f) regarding contempt matters, adds new subdivision (2) to clarify that the supreme court may appoint a referee to conduct a trial or evidentiary hearing, with report; conforms current provision relating to appellate review of such cases and adds guidance for the preparation, filing, and review of the record; redesignates current subdivision (2) as new (3) to accommodate new matter. Chapter 5 Rules Regulating Trust Accounts Subchapter 5-1 Generally 9. Rule 5-1.1 Trust Accounts Summary: Within subdivision (g)(7), allows the bar foundation to disclose to the bar the location of an attorney’s trust account and account numbers in limited circumstances and subject to maintenance of confidentiality. Chapter 6 Legal Specialization and Education Programs Subchapter 6-16 Standards for Certification of a Board Certified Business Litigation Lawyer 10. Rule 6-16.3 Minimum Standards Summary: Within subdivision (b), allows for substitution of 1 of the 8 required matters submitted to the trier of fact for resolution through a trial advocacy seminar that is at least 3 full days, approved by the business litigation certification committee, and includes as part of its curriculum active participation by the applicant in simulated courtroom proceedings; deletes current reference to “complex” in definition of “protracted adversary proceedings” and adds further clarification that such are “business litigation” matters. 11. Rule 6-16.4 Recertification Summary: Within subdivision (b), allows for substitution of 1 of the 5 required matters submitted to the trier of fact for resolution through a trial advocacy seminar that is at least 3 full days, approved by the business litigation certification committee, and includes as part of its curriculum active participation by the applicant in simulated courtroom proceedings. Subchapter 6-25 Standards for Certification of State and Federal Government and Administrative Practice Lawyers Summary: New subchapter, setting forth standards to establish a new certification in the area of state and federal government and administrative practice. 12. Rule 6-25.1 Generally 13. Rule 6-25.2 Definitions 14. Rule 6-25.3 Minimum Standards 15. Rule 6-25.4 Recertification 16. Rule 6-25.5 Manner of Certification Subchapter 6-26 Certification of Intellectual Property Certification Standards Summary: New subchapter, setting forth standards to establish a new board certification in the field of intellectual property law. 17. Rule 6-26.1 Generally 18. Rule 6-26.2 Definitions 19. Rule 6-26.3 Minimum Standards 20. Rule 6-26.4 Recertification Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law Subchapter 10-7 Proceedings Before a Referee 21. Rule 10-7.2 Proceedings for Indirect Criminal Contempt Summary: Within subdivision (b), streamlines existing verbiage by tying the determination of indigent status to applicable statutory criteria and factors. Chapter 14 – Grievance Mediation and Fee Arbitration Summary: Amends provisions of Chapter 14 and allied policies and procedures that deal with fee arbitration in order to be consistent with the provisions regarding mediation as same relate to authority for referral to fee arbitration and referral to mediation. 22. Rule 14-2.1 Generally 23. Rule 14-6.1 Binding Nature 24. Fee Arbitration Procedural Rules 25. Grievance Mediation Policies STANDING BOARD POLICIES 100 Series General Board Policies 26. Policy 1.80 General Recusal Policy Summary: New policy, to clarify that the president or presiding officer may order recusal of a board member in any non-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, and the recused member should not be present when the matter is being debated by the board. 600 Series – Continuing Legal Education 27. Policy 6.20 Authority for CLE Courses Summary: Within subdivision (b)(1), replaces “videotape” with “other media.” 28. Policy 6.30 Fees for CLE Courses Summary:Deletes “then” from penultimate sentence relating to adjustment of fees. 29. Policy 6.50 CLE – Eligibility to Attend or Receive Materials and to Purchase Publications Summary: Within subdivision (a), deletes subdivisions (1)-(7) and revises policy language to state that CLE programs may be attended by any person, without limitation. 1500 Series – Lawyer Regulation Policies 30. Standing Board Policy 15.40 Grievance Committee Membership Summary: Deletes obsolete references to circuit fee arbitration committees, and updates verbiage regarding appointment by “local” board members, to more accurately reflect those members “assigned to review the action of the grievance committee to which the nominated member is appointed”; clarifies that a board member is a “nominating” rather than “appointing” authority for grievance committee members. 31. Standing Board Policy 15.76 Policy on Review of Grievance Committee Action by Designated Reviewers Summary: New policy, setting forth allowable actions and guidelines for a designated reviewer in reviewing grievance committee action; specifies timeframes and available materials for such review and the form in which it must be requested. 1600 Series Unlicensed Practice of Law 32. SBP 16.24 Undercover Investigations in Unlicensed Practice of Law Cases Summary: New policy – consistent with newly revised rule 4-8.4(c) – to set forth guidelines for conducting undercover investigations in unlicensed practice of law cases. BYLAWS 33. Workers’ Compensation Section Summary: Within Article III (Officers), reorganizes 30-member executive council into 30 voting members commencing in 2007, composed of 2 members from each appellate district and 20 at large members, plus non-voting emeritus members; sets forth staggered terms and schedule for such elections; provides for mail and live balloting, with allowance for future electronic balloting; within Article V (Nomination and Election of Officers and Executive Council), specifies that executive council and officers shall be balanced geographically as well as by employee-employer representation; limits executive council representatives from a single law firm to 2 and imposes a cumulative 12-year term limit on council membership, with separate re-entry provisions for the immediate past chair, and both voting and emeritus seats; and within Article VII (Meetings) would allow for executive council meetings in Tallahassee as well in conjunction with the bar’s midyear meeting. POLICIES GOVERNING CONTINUING LEGAL EDUCATION COMMITTEE 1.00 – Scope and Function of CLE Committee 34. Policy 1.05 Transaction of Business Summary: Adds language to define a quorum as at least 20 percent of members present. 35. Policy 1.06 Removal Summary: Adds language giving the chair authority to waive the removal of a committee member after 2 consecutive meeting absences if such absences are deemed unavoidable. 36. Policy 1.07 Responsibility Summary: Consistent with Standing Board Policy 6.10, deletes language indicating committee’s responsibility to educate Bar members is “in cooperation with the sections, divisions and committees of The Florida Bar and other co-sponsors.” 37. Policy 1.08 Executive Committee Appointment Summary: Changes the appointment of subcommittees and subcommittee chairs from required action by the committee chair, to optional action. 38. Policy 1.09 CLE Co-sponsorship with Law Schools, Other Bar Associations and Professional Groups, Sections, Divisions and Committees of The Florida Bar Summary: Revises title, to emphasize role of sections, divisions and committees as CLE co-sponsors. 39. Policy 1.10 Program Evaluation Responsibility Summary: Adds “and Oversight” to title, to reflect the committee’s active role in program development as well as program evaluation; reduces the number of courses, from 2 to 1, that committee members must evaluate on an annual basis. 2.00 Section/Division Responsibility 40. Policy 2.01 Primary Responsibility Summary: Deletes reference to section and division “authority” for programs; clarifies that such programs are “co-sponsored” rather than sponsored; deletes reference to use of speaker evaluation systems; and adds language about established quality standards. 41. Policy 2.02 Selection of Speakers Summary: Changes title to “Speaker Diversity”. 42. Policy 2.03 Financial Recapitulations Summary: Revises language to specify that financial recapitulation information shall go directly to sections and division instead of through the CLE representative. 43. Policy 2.04 Revenue Sharing Summary: Substitutes the term “allowable” for “direct” in reference to revenue sharing with sections and divisions, and adds 3 examples of revenue sharing to make the policy easier to understand. 3.00 CLE Programs 44. Current 3.02 / Proposed 3.04 Method of Resolving Conflicts Summary: Moved and renumbered as new 3.04 45. Current 3.03 / Proposed 3.02 Proposed Courses – Review – Conflicts Summary: Renumbered as 3.02 in view of movement of former 3.02 46. Current 3.04 / Proposed 3.03 Standards for Resolution of Conflicts Summary: Renumbered as 3.03 in view of movement of former 3.02 47. Policy 3.07 Considerations of Ethics and Professionalism Summary: Updates references to areas of special credit, to include substance abuse and mental illness awareness; conforms title to reflect considerations of “Special Credit Hours” rather than “Ethics and Professionalism.” 48. Policy 3.08 Smoking Policy Summary: Deletes provision regarding permissive smoking in designated areas. 49. Policy 3.09 Exhibits and Displays at Courses Summary: Revises policy to allow bar staff, rather than the committee, to determine whether exhibits have educational value. 4.00 Preparation of Publications 50. Policy 4.01 Selection of Steering Committees and Authors Summary: Deletes references to actual steering committee selection by staff; confirms that policy is also applicable to coordinating the selection of authors; and clarifies that authors or steering committee members disciplined “in any jurisdiction” may not serve. 51. Policy 4.04 Publication Covers Summary: Expands policy to confirm that staff has discretion over all aspects of the design and style of CLE publications; conforms title accordingly. 52. Policy 4.05 Supplements Summary: Expands policy to confirm its applicability to new editions as well as supplements; conforms title accordingly. 53. Policy 4.08 Purchase and Return of CLE Publications Summary: Decreases period in which purchasers may return publications, from 90 to 30 days. 54. Policy 4.11 Price Lists for CLE Publications Summary: Updates language to reflect the posting of order forms and price lists on the Bar’s website. 5.00 Lease Programs 55. Policy 5.01 Local Bar Lease Program Summary: Revises and condenses policy language for ease of understanding. 6.00 Fees, Charges, and Complimentaries 56. Policy 6.01 Registration Fees Summary: Allows for increase of base course fee based on the number of speakers or out of state speakers; increases, from $15 to $25, the surcharge for non-member attendance at section or division programs. 57. Policy 6.02 Refunds Summary: Increases, from $15 to $25, the cancellation fee charged against refunds. 58. Policy 6.03 Late Registration Charge Summary: Increases, from $15 to $25, the surcharge for late registration. 59. Policy 6.04 Half-price Registration Fees for CLE Courses Summary: Within subdivision (b), adds full-time clinical instructors at “provisionally accredited” as well as accredited law school as eligible for half-price registration fees. 60. Policy 6.05 Half-price Fees for CLE Publications Summary: Specifies new or revised limits on half-price publication purchases in various instances – within subdivision (b), 2 copies for public libraries; within subdivision (c), 3 instead of 5 copies for contributing authors; within subdivision (d), 1 copy for university students; within subdivision (e), 1 copy for college professors; and within subdivision (f), 2 copies for selected law libraries. 61. Policy 6.06 Complimentary CLE Publications Summary: Within subdivision (c), deletes distribution of 1 complimentary publication to each district court of appeal judge; adds provision authorizing 1 complimentary copy to all court libraries at each level of the court system; within subdivision (h), adds provision allowing complimentary copies of Standard Jury Instructions to all circuit and county judges. 62. Policy 6.07 Complimentary Course Admissions Summary: Within subdivision (d), revises reference to “general masters” to read “magistrates,” and adds court-appointed hearing officers as complimentary attendees; within subdivision (e), deletes provision regarding Florida Legal Services and adds news reporters instead. 9.00 Course Quality Standards and Reporting 63. Policy 9.01 Quality Control – CLE Committee Summary: Deletes provision regarding the committee’s lack of authority to control the quality of other providers. 64. Policy 9.02 Minimum Quality Standards for Florida Bar Continuing Legal Education Programs Summary: Within subdivision (2), adds reference to CLE diversity policy regarding the selection of CLE volunteers; updates reference to speaker database, to “recent evaluation report summaries.”last_img

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