Florida Bar re: Amendment to Rules Regulating the Florida Bar (605 So. 2d 252, 1992)

PER CURIAM.

The Florida Bar petitions this Court to amend the Rules Regulating The Florida Bar and to change the format of those rules generally to comply with style and gender requirements as mandated by this Court and in response to the Report of The Florida Supreme Court Gender Bias Study Commission, 42 Fla.L.Rev. 803 (1990). We have jurisdiction. Art. V, §§ 2(a) and 15, Fla. Const.

The specific rules before us to be created or amended are listed below. Those rules requiring only style and format changes are not listed.

Rule l-7.3(a) Dues Requirement

Rule 1-7.3(c) Election of Inactive Membership

Rule 2-3.2(d) Powers (previously rule 2-3.2(c))

Rule 3-5. l(i) Restitution (new)

Rule 3-7.4(() Letter Reports of No Probable Cause Cases (previously rule 3-7.4(k))

Rule 3-7.6(n) Cost of Review or Reproduction

Rule 3-7.10(e) Reference of Petition for Hearing

Rule 4-1.17 Sale of Law Practice (new)

Rule 4-5.4(a) Professional Independence of a Lawyer

Rule 4-5.6 Restrictions on Right to Practice

Rule 4-7.2(n) Advertising

Rule 4-7.5 Evaluation of Advertisements

Rule 4-7.8 Lawyer Referral Services

Rule 6-4.4 Recertification (board certified civil trial lawyer)

Rule 6-5.4(b) Recertification (board certified tax lawyer)

Rule 6-6.5(c) Recertification (board certified marital and family lawyer)

Rule 6-8.4(c) Recertification (board certified criminal trial lawyer)

Rule 6-8.6(c) Recertification (board certified criminal appellate lawyer)

Rule 6-9.4(b) Recertification (board certified real estate lawyer)

Rule 6-11.5(d) Recertification (board certified workers’ compensation lawyer)

Chapter 6-12 Basic Skills Course Requirement

Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law

Chapter 16 Foreign Legal Consultancy Rule (new)

With minor modifications as set forth herein, we approve the bar’s proposals. We also consider, on our own motion, amendments to the following rules:

Rule 4 — 1.5(f) Fees for Legal Services

Rule 11-1.8 Continuation of Practice Program after Completion of Law School Program or Graduation

We find the following rules deserve discussion.

Rule 4-1-17 — Sale of Law Practice

Rule 4-1.17 is a proposed new rule concerning the sale of a law practice. We approve the rule as proposed. Nevertheless, because of comments we received and because of the need to protect the rights of clients, we request the bar to consider possible future modification of the rule to allow for the sale of a law practice to more than one entity.

Rule 4-7.2(n) — Advertising

The proposed amendment to rule 4-7.2(n) (Advertising) allows lawyers to provide information about an area in which they practice, even though it may not be an area subject to certification. One comment submitted to this Court suggested that language should be added to include information regarding the lawyer’s educational background. The Florida Bar’s Standing Committee on Advertising has agreed to language that would modify the proposed rule as follows:

(3) Technical and professional licenses granted by the state or other recognized licensing authorities and educational degrees received, including dates and institutions.

We find that the additional language should be included in the new rule.

Rule 4~7-5 — Evaluation of Advertisements

The proposed amendment to rule 4-7.5 (Evaluation of Advertisements) removes the specific fees set forth in subdivision (d)(4) for evaluation and review of advertisements and in subdivision (i) for modification of advertisements. In lieu thereof, the proposed amendment provides that the fees are to be set by the board of governors in an amount that approximates the cost of the advertising program. Implementing this change would allow the board of governors to increase the fee without amending this rule. While we agree some flexibility should be incorporated into the rule, we find that the fee should, in no event, exceed $50 and any fee above that amount should first be approved by this Court. In accordance with this conclusion, rule 4-7.5 is modified to read as follows:

(d)(4) Aa fee of-twenty-five dollars to be set by the board of governors but not exceeding $50, made payable to The Florida Bar. This fee shall be used only-for the purposes to offset the cost of evaluation and review of advertisements submitted under these rules and for the related-purpose cost of enforcing these rules.

(i) Change of Circumstances; Refiling Requirement. If a change of circumstances occurring subsequent to the committee’s evaluation of an advertisement or written communication raises a substantial possibility that the advertisement or communication has become false or misleading as a result of the change in circumstances, the lawyer shall promptly refile the advertisement or a modified advertisement with the committee along with an explanation of the change in circumstances and an additional fee of twenty dollars to be set by the board of governors but not exceeding $50.

Rule 4-7.8 — Lawyer Referral Services

The proposed, change to rule 4-7.8(b) (Lawyer Referral Services) expands the definition of a referral service to include group or pooled advertising schemes between lawyers in different firms. The Lawyers Referral Service Committee of The Florida Bar suggests that the following clarification sentence also be added to the proposed rule:

A pro bono referral program, in which the participating attorneys do not pay a fee or charge of any kind to receive referrals or to belong to the referral panel, and are undertaking the referred matters without expectation of remuneration, is not a lawyer referral service within the definition of this rule.

As noted by the committee, the distinction is important because most pro bono referral services are bar-sponsored and funded by the local bar association. The Florida Bar has no objection to the inclusion of this additional language, and we find that this sentence should be added to the proposed rule.

Rule 10-7.1 — Procedures for Issuance of Advisory Opinions on the Unlicensed Practice of Law

Rule 10-7.1(f)(3), renumbered 10-9.1(f)(3) (Procedures for Issuance of Advisory Opinions on the Unlicensed Practice of Law), contains a provision that eliminates the need to publish in full a proposed advisory opinion. Instead, the proposed rule requires publication of a notice two weeks before the filing of an opinion and allows interested parties to obtain a copy of the full opinion and file a response. This proposed change places the burden on an interested party to request a copy of the full opinion. Under the existing rule, the burden is on the interested party to simply read the opinion as it appears in the The Florida Bar News. However, as noted by the bar, because the current rule only provides for publication within a “reasonable time,” the proposed two week notice requirement will actually provide interested parties with more time to review and analyze the opinion. Thus, we find that the proposed change does not violate due process, and we reject the suggestion that the present provision should be retained.

New Chapter 16 — Foreign Legal Consultancy Rule

The final proposal of the bar warranting discussion concerns a proposed new chapter 16 entitled “Foreign Legal Consultancy Rule.” This new chapter is designed to allow attorneys admitted to the practice of law in a foreign country to open offices in Florida and to advise persons as to the law of their foreign jurisdiction. A registration and regulatory scheme would be provided, as well as a reciprocity requirement for Florida attorneys in such foreign jurisdictions. This rule is proposed by the International Law Section of the Florida Bar.

The International Law Section believes the new chapter would resolve uncertainty in this unregulated and unsettled area of the law by regulating this type of practice and by making foreign legal consultants accountable in Florida. Additionally, by aiding the delivery of legal services regarding foreign law that are necessary to international trade and investment, the International Law Section believes the proposed chapter would promote Florida’s goal of attracting more foreign investment and business.

The Florida Board of Bar Examiners objects to the proposal, believing that the chapter does not sufficiently protect the public. We disagree. The proposed chapter provides a means of control and protection for the public that does not now exist and, consequently, we find that it is an adequate beginning for regulation of this type of legal activity.

We decline, however, to adopt the proposed provision requiring foreign legal consultants to be admitted to practice in a foreign country that recognizes a reciprocal right of Florida attorneys to practice in that country. As indicated by the United States Trade Representative, the United States Government is currently engaged in negotiations with foreign countries to provide for open markets through mutual agreement that, as a general rule, requires countries to refrain from using reciprocity requirements. The United States Trade Representative has requested we eliminate the reciprocity provision because it would interfere with those trade negotiations. We accede to this request and find it inappropriate to include the reciprocity requirement in the new chapter.

In addition to the bar’s proposals, this Court, on its own motion, makes the following rule changes:

Rule 4-1.5(f) — Fees for Legal Services

Rule 4 — 1.5(f)(4)(B)(i) establishes guidelines for contingent fees and states that contingent fees over the amounts set forth in the rule are presumed to be clearly excessive. As the rule currently reads, the formula for contingency fees is somewhat ambiguous. To eliminate the ambiguity, we have amended the rule as set forth in the appendix to this opinion.

Rule 11-1.8 — Continuation of Practice Program after Completion of Law School Program or Graduation

We have included a new paragraph in rule 11-1.8 to establish the definition of an equivalent law school practice program for students from non-Florida law schools.

Accordingly, we approve amendments to the Rules Regulating The Florida Bar as set forth in the appendix to this opinion. These amendments shall be effective at 12:01 a.m. on January 1, 1993.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.

APPENDIX

RULES REGULATING THE FLORIDA BAR

CHAPTER 1. GENERAL

INTRODUCTION

The Supreme Court of Florida by these rules establishes the authority and responsibilities of The Florida Bar, an official arm of the Ccourt.

1-1. NAME

The name of the body regulated by these rules shall be THE FLORIDA BAR.

1-2. PURPOSE

The purpose of The Florida Bar shall be to inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence.

1-3. MEMBERSHIP

RULE 1-3.1 COMPOSITION

The membership of The Florida Bar shall be composed of all persons who are admitted by this Court the Supreme Court of Florida to the practice of law in this state and who maintain their membership pursuant to these rules.

RULE 1-3.2 MEMBERSHIP CLASSIFICATIONS

(a) Members in Good Standing. Members of The Florida Bar in good standing shall mean only those persons licensed to practice law in Florida who have paid annual membership fees or dues for the current year and who are not retired, resigned, delinquent, inactivez or suspended members. A practicing attorney of another state, in good standing, who has professional business in a court of record of this state may, upon motion, be permitted to practice for the purpose of such business upon such conditions as the court deems appropriate under the circumstances of the case.

(b) Conditionally Admitted Members. The Supreme Court of Florida may admit a person with a prior history of drug, alcohol,, or psychological problems to membership in The Florida Bar and impose conditions of probation as the Ccourt deems appropriate upon that member. The period of probation shall be no longer than three 3 years, or for such indefinite period of time as the Ccourt may deem appropriate by conditions in its order. The conditions may include, but not be limited toiL participation in a rehabilitation program, periodic blood and urine analysis, periodic psychological exam-inationSj or supervision by another member of The Florida Bar. The probation shall be monitored by The Florida Bar and the costs thereof shall be paid by the member on probation. A failure to observe the conditions of probation or a finding of probable cause as to conduct of the member committed during the period of probation may terminate the probation and subject the member to all available grievance procedures under the Rules of Discipline.

(c) Inactive Members. Inactive members of The Florida Bar shall mean only those members who have properly elected to be classified as inactive in the manner elsewhere provided.

Inactive members shall:

(1) pay annual dues as set forth in rule 1-7.3;

(2) be exempt from continuing legal education requirements;

(3) affirmatively represent their membership status as inactive members of The Florida Bar when any statement of Florida Bar membership is made;

(4) not hold themselves out as being able to practice law in Florida or render advice on matters of Florida law;

(5) not hold any position that requires the person to be a licensed Florida attorney;

(6) not be eligible for designation or certification under the Florida designation or certification plans;

(7) not vote in Florida Bar elections or be counted for purposes of apportionment of the board of governors;

(8) certify upon election of inactive status that they will comply with all applicable restrictions and limitations imposed on inactive members of The Florida Bar.

Failure of an inactive member to comply with all requirements thereof shall be cause for disciplinary action.

An inactive member may, at any time, apply for reinstatement to membership in good standing in the manner provided in rule 1-3.7.

RULE 1-3.3 OFFICIAL BAR ADDRESS

Each member of The Florida Bar shall designate an official bar mailing address and business telephone number. If the address given is not the physical location or street address of the principal place of employment, then such information shall also be given. Each member shall promptly notify the executive director of any changes in any information required by this rule.

RULE 1-3.4 CLER DELINQUENT MEMBERS AND CLER EXEMPT MEMBERS

(a) CLER Delinquent Members. Any member who is suspended by reason of failure to complete continuing legal education requirements shall be deemed a delinquent member. A delinquent member shall not engage in the practice of law in this state and shall not be entitled to any privileges and benefits accorded to members of The Florida Bar in good standing. Any member suspended for failure to complete continuing legal education requirements may be reinstated as elsewhere provided in these rules.

(b) CLER Exempt Members. Any member who is exempt from continuing legal education requirements (see rule 6-10.3(c)) shall not engage in the practice of law in this states ^provided, however, that a member exempt from continuing legal education requirements by reason of active military service may practice law in Florida if required to do so as a part of assigned military duties.

RULE 1-3.5 RETIREMENT

Any member of The Florida Bar may retire from The Florida Bar upon petition to and approval of the board of governors. A retired member shall not practice law in this state except upon petition for reinstatement to and approval of the board of governors; the payment of all dues, fees, costs., or other amounts owed to The Florida Bar; and the completion of all outstanding continuing legal education or basic skills course requirements. A retired member shall be entitled to receive such other privileges as the board of governors may authorize.

RULE 1-3.6 DELINQUENT MEMBERS

Any person now or hereafter licensed to practice law in Florida who fails to pay dues or fails to comply with continuing legal education or basic skills course requirements shall be deemed a delinquent member. While occupying the status of a delinquent member, no person shall engage in the practice of law in Florida nor be entitled to any privileges and benefits accorded to members of The Florida Bar in good standing.

RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP

(a) Eligibility for Reinstatement. Members who have retired, been delinquent in the payment of dues¿ or been delinquent in continuing legal education requirements for a period of time not in excess of 5 years are eligible for reinstatement under this rule. Time shall be calculated from the day of the retirement, dues delinqueneyi or continuing legal education delinquency.

Inactive members may also seek reinstatement under this rule.

(ab) Petitions Required. A member seeking-reinstatement must file a petition with the board of governors setting forth the reason for such resignation, retirement, or delinquency and showing good cause why the petition for reinstatement should be granted. The petition shall be on a form approved by the board of governors and the petitioner shall furnish such information on such form as the board of governors may require. The petition shall be accompanied by a nonrefundable reinstatement fee of $5Ot0O, payment of all arrear-ages, and, for persons who have retired or have been delinquent for a period of time longer than 3 years, a $500,00 cost deposit for investigation of the petition. Inactive members shall not be required to pay the reinstatement fee or costs deposit. No member shall 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 in compliance with the continuing legal education or basic skills course requirements.

(be) Members Who Have Retired or Been Delinquent For 3 Years or Less. Members who have retired or been delinquent for 3 years or less may be reinstated by the executive director or the executive director may refer their petition to the board of governors.

(cd) Members Who Have Retired or Been Delinquent For Less Than 5 Years, But More Than 3 Years. Members who have retired or been delinquent for less than 5 years, but more than 3 years, shall have completed 10 hours of continuing legal education courses for each year or portion thereof that the member had or retired or was deemed delinquent. Final action of the board of governors denying a petition for reinstatement may be reviewed upon petition to the Supreme Court of Florida.

(de) Members Who Have Retired or Been Delinquent For More Than 5 Years or More. Members who have retired or have been deemed delinquent for a period of 5 years or longer shall not be reinstated except upon application to and approval by the Florida Board of Bar Examiners.

(ef) Disciplinary — Sanctions Members Delinquent 60 Days or Less. Reinstatement from dues delinquency accomplished within 60 days from the date of delinquency shall be deemed to relate back to the date before the delinquency. Any member reinstated within the 60-day period shall not be subject to disciplinary sanction for practicing law in Florida during that time.

(fg) Inactive Members. Inactive members may be reinstated to membership in good standing by the board of governors by petition filed with the executive director, in the form and as provided in (ab) above, except:

(1) If the members has been inactive for greater than 5 years, but has been authorized to and either actively practiced law in another jurisdiction for the entire period of time or held a position which that requires a license as an attorney, the member shall be required to complete the Florida Law Update continuing legal education course as part of continuing legal education requirements.

(2) If the member has been inactive for greater than 5 years and has been authorized to but has not actively practiced law in another jurisdiction or held a position which that requires a license as an attorney for the entire period of time, the member shall be required to complete the basic skills course requirement and the 30-hour continuing legal education requirement.

(3) An inactive member shall not be eligible for reinstatement until all applicable continuing legal education requirements have been completed and the remaining portion of dues of members in good standing for the current fiscal year have been paid.

RULE 1-3.8 RIGHT TO INVENTORY

(a) Appointment; Grounds; Authority. Whenever an attorney is suspended, disbarred, becomes a delinquent member, abandons hfe a practice, disappears, or dies,, and no partner, personal representative, or other responsible party capable of conducting the attorney’s affairs is known to exist, the appropriate circuit court, upon proper proof of the fact, may appoint an attorney or attorneys to inventory the files of the subject attorney and to take such action as seems indicated to protect the interests of clients of the subject attorney, as well as the interest of that attorney.

(b) Maintenance of Attorney-Client Confidences. Any attorney so appointed shall not disclose any information contained in files so inventoried without the consent of the client to whom such file relates except as necessary to carry out the order of the court which that appointed the attorney to make the inventory.

RULE 1-3.9 LAW FACULTY AFFILIATES

Full-time faculty members in the employment of law schools in Florida approved by the American Bar Association who are admitted to practice and who are in good standing before a court of any state may become “law faculty affiliates” of The Florida Bar. Law faculty affiliates may participate in such activities of The Florida Bar as may be authorized by the board of governors, but shall not be entitled to engage in the practice of law, appear as attorneys before the courts of the state, or hold themselves out as possessing such entitlements.

1-4. BOARD OF GOVERNORS

RULE 1-4.1 COMPOSITION OF BOARD OF GOVERNORS

The board of governors shall be the governing body of tThe Florida Bar. It shall have fifty-one (51) members, fifty (50) of whom shall be voting members, and shall consist of the president and the president-elect of tThe Florida Bar, president and president-elect (who shall vote only in the absence of the president) of the ¥young ©lawyers ©division, three (3) representatives of the active members of tThe Florida Bar in good standing residing outside of the Sstate of Florida, representatives elected by and from the active members of tThe Florida Bar in good standing in each judicial circuit, and two (2) residents of the Sstate of Florida who are not members of tThe Florida Bar. There shall be ese 1 or more such circuit representatives from each judicial circuit who shall be apportioned among and elected from the judicial circuits on the basis of the number of members in good standing residing in each circuit. The formula for determining the number of additional circuit representatives apportioned to and elected from each judicial circuit and all other matters concerning election and term of office for members of the board of governors shall be prescribed in chapter 2.

RULE 1-4.2 AUTHORITY;

SUPERVISION

(a) Authority and Responsibility. The board of governors shall have the authority and responsibility to govern and administer The Florida Bar and to take such action as it may consider necessary to accomplish the purposes of The Florida Bar, subject always to the direction and supervision of the Supreme Court of Florida.

(b) Duty to Furnish Information to Court. The board of governors shall furnish to each member of the Supreme Court of Florida the following:

(1) The minutes of each meeting of the board of governors of The Florida Bar and each meeting of its executive committee except when acting in a prosecutorial role in a disciplinary or unauthorized unlicensed practice of law matter.

(2) Any written report of any section, committee, or division of The Florida Bar submitted to the board of governors which that is either accepted or adopted by the board.

(3) All rules, policies, or procedures adopted by the board of governors under the authority granted to the board by the Ccourt.

(4) Such additional information and material as may be requested by any member of the Ccourt.

(c) Powers of Court. The Supreme Court of Florida may at any time ratify or amend action taken by the board of governors under these rules, order that actions previously taken be rescinded, or otherwise direct the actions and activities of The Florida Bar and its board of governors.

RULE 1-4.3 COMMITTEES

The board of governors shall create an executive committee composed of the president, president-elect, chairman of the budget committee, chairman of the legislati-yeon committee, two (2) members of the board appointed by the president, and fee© (3) members of the board elected by the board to act upon such matters as arise and require disposition between meetings of the board; a budget committee composed of nine (9) members with feee3-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 1-4.4 BOARD COMMITTEES

The board may create and abolish additional committees as it may consider necessary to accomplish the purposes of The Florida Bar.

RULE 1-4.5 SECTIONS

The board of governors may create and abolish sections as it may consider necessary or desirable to accomplish the purposes and serve the interests of The Florida Bar and of the sections and shall prescribe the powers and duties of such sections. The bylaws of any section shall be subject to approval of the board of governors.

1-5. OFFICERS

RULE 1-5.1 OFFICERS

The officers of The Florida Bar shall be a president, a president-elect, and an executive director.

RULE 1-5.2 DUTIES

Chapter 2 shall prescribe the duties, terms of office, .qualifications, and manner of election or selection of officers of The Florida Bar.

1-6. MEETINGS OF THE FLORIDA BAR

RULE 1-6.1 ANNUAL MEETING

An annual meeting of The Florida Bar shall be held each fiscal year at such time as may be designated by the board of governors.

RULE 1-6.2 SPECIAL MEETINGS

Special meetings of The Florida Bar may be held at such times and places as may be determined by the board of governors or upon petition of five (5) percent of the membership of The Florida Bar.

RULE 1-6.3 NOTICE; RULES OF PROCEDURE

The manner of notice and rules of procedure for all meetings of The Florida Bar shall be prescribed in chapter 2.

1-7. DUES AND FISCAL CONTROL

RULE 1-7.1 BUDGET

The board of governors shall adopt a proposed budget for The Florida Bar in advance of each fiscal year, publish such proposed budget in a publication of The Florida Bar generally circulated to members, and thereafter adopt a budget for the succeeding fiscal year. The budget adopted by the board of governors shall be filed with the Supreme Court of Florida thirty (30) days prior to the beginning of each fiscal year and shall be deemed approved and become the budget of The Florida Bar unless rejected by the Supreme Court of Florida within said thirty30-day period or until amended by the board of governors in accordance with rule 2-6.12.

RULE 1-7.2 OFFICER’S SALARY

No member of the board of governors and no officer of The Florida Bar other than the executive director shall receive a fee or salary from The Florida Bar.

RULE 1-7.3 DUES

(a) Dues Requirement. On or before July 1 of each year, every member of The Florida Bar, except those members who have retired, resigned, been disbarred2 or been placed on the inactive list pursuant to rule 3-7.123, shall pay annual dues to The Florida Bar in the amount set by the budget, provided that the board of governors shall not fix the dues at more than $190 per annum. At the time of the payment of dues every member of The Florida Bar shall file with the executive director a statement setting forth any information that may be required by the board of governors.

Dues tendered to The Florida Bar shall not be accepted from any member who is delinquent in the payment of costs or restitution imposed against the member in a disciplinary proceeding. Costs shall be deemed delinquent unless paid within thirty (30) days after the disciplinary decision becomes final unless such time is extended by the board of governors for good cause shown. Restitution shall be deemed delinquent unless accomplished in the manner and by the date provided in the disciplinary order or agreement.

(b) Prorated Dues. Persons admitted to The Florida Bar subsequent to July 1 of any fiscal year shall pay the annual dues for that fiscal year prorated on the basis of the number of full calendar months of the fiscal year remaining at the time of their admission.

(c) Election of Inactive Membership. A member in good standing may elect by August 15 of each fiscal year to be classified as an inactive member. Such election shall be made only by indication of such choice on the annual dues statement and payment of the prescribed annual dues. Failure to make the election by August 15 shall constitute a waiver of the member’s right to the election until the next fiscal year. The election of inactive membership status shall be subject to the restrictions and limitations elsewhere provided.

Once a member has properly elected to be classified as an inactive member, such classification shall continue from fiscal year to fiscal year until such time as the member is reinstated as a member in good standing as elsewhere provided in these rules.

Dues for inactive members shall be set by the board of governors in an amount not to exceed $140 per annum.

(d) Late Payment of Dues. Payment of annual dues must be postmarked no later than August 15. Dues postmarked after August 15 shall be accompanied by a late charge of $25,00. The executive director shall send written notice by registered or certified mail to the last official bar address of each member whose dues have not been paid by August 15. Upon failure to pay dues and any late charges by September 30, the member shall be a delinquent member.

RULE 1-7.4 PROCEDURES

Other matters relating to the budget and fiscal control shall be governed by chapter 2.

RULE 1-7.5 RETIRED, RESIGNED, INACTIVE, DELINQUENT MEMBERS

A member who is retired, resigned, inac-tive2 or delinquent shall not practice law in this state until reinstated as provided in these rules.

1-8. PROGRAMS AND FUNCTIONS

RULE 1-8.1 RESPONSIBILITY OF BOARD OF GOVERNORS

Among its other duties, the board of governors is charged with the responsibility of enforcing the Rules of Discipline and the Rules of Professional Conduct.

RULE 1-8.2 UNLICENSED PRACTICE OF LAW

The board of governors shall act as an arm of the Supreme Court of Florida for the purpose of seeking to prohibit the unlicensed practice of law by investigating, prosecuting, and reporting to this Ccourt and to appropriate authorities incidents involving the unlicensed practice of law in accordance with chapter 10.

RULE 1-8.3 BOARD OF CERTIFICA-TIQN-^AND-DESIGNATION LEGAL SPECIALIZATION AND EDUCATION

The board of governors shall establish the board of certification and designation legal specialization and education to function as a central administrative board to oversee specialization regulation in Florida in accordance with chapter 6.

RULE 1-8.4 CLIENTS’ SECURITY FUND

The board of governors may provide monetary relief to persons who suffer reimbursable losses as a result of misappropriation, embezzlement, or other wrongful taking or conversion by a member of The Florida Bar of money or other property that comes into the member’s possession or control, all in accordance with chapter 7.

1-9. YOUNG LAWYERS DIVISION

RULE 1-9.1 CREATION

There shall be a division of The Florida Bar known as the Young Lawyers Division composed of all active members in good standing under the age of thirty-six (36) and all active members in good standing who have not been admitted to the practice of law in any jurisdiction for more than five (5) years.

RULE 1-9.2 POWERS AND DUTIES

The division shall have such powers and duties as shall be prescribed by the board of governors of The Florida Bar.

RULE 1-9.3 BYLAWS

The bylaws of the division shall be subject to approval of the board of governors.

1-10. RULES OF PROFESSIONAL CONDUCT

RULE 1-10.1 COMPLIANCE

All members of The Florida Bar shall comply with the terms and the intent of the Rules of Professional Conduct as established and amended by this Ccourt.

1-11. BYLAWS

RULE 1-11.1 GENERALLY

Bylaws, contained in chapter 2, not inconsistent with these rules shall govern the method and manner by which the requirements of these Rules Regulating The Florida Bar are met.

RULE 1-11.32 NOTICE OF AMENDMENT

Notice of consideration of proposed amendments to chapter 2 by the board of governors of The Florida Bar shall be given to the members of The Florida Bar. Amendments to chapter 2 adopted by the board of governors shall become effective fifty (50) days after the amendment and proof of the prescribed publication are filed with this Court the Supreme Court of Florida unless a later effective date is provided for by the board of governors or unless otherwise ordered by the Ccourt. The Ccourt will consider objections to amendments to chapter 2 adopted by the board of governors which that are filed with the Gcourt before the effective date of the amendment.

RULE 1-11.43 SUPERVISION BY COURT

This Gcourt may at any time amend chapter 2 or modify amendments to chapter 2 adopted by the board of governors or order that amendments to chapter 2 not become effective or become effective at some date other than provided for in this rule.

1-12. AMENDMENTS

RULE 1-12.1 AMENDMENT TO RULES; AUTHORITY; NOTICE; PROCEDURES; COMMENTS

(a) Authority to Amend. The board of governors of The Florida Bar shall have the authority to amend chapters 7 and 9 of these Rules Regulating The Florida Bar, consistent with the notice, publication and comments provided below. Only the Supreme Court of Florida shall have the authority to amend all other chapters of these Rules Regulating The Florida Bar.

(b) Proposed Amendments. Any member of The Florida Bar in good standing or a section or committee of The Florida Bar may request the board of governors to consider an amendment to these Rules Regulating The Florida Bar.

(c) Board Review of Proposed Amendments. The board of governors shall review proposed amendments by referral of the proposal to an appropriate committee thereof for substantive review. After substantive review, an appropriate committee of the board shall review the proposal for consistency with these rules and the policies of The Florida Bar. After completion of review, a recommendation concerning the proposal shall be made to the board.

(d) Notice of Proposed Board Action. Notice of the proposed action of the board on a proposed amendment shall be given in an edition of The Florida Bar News which that is published prior to the meeting of the board at which the board action is taken. The notice shall identify the rule(s) to be amended and shall state in general terms the nature of the proposed amendments.

(e) Comments by Members. Any member may request a copy of the proposed amendments and may file written comments concerning same them. The comments shall be filed with the executive director sufficiently in advance of the board meeting to allow for copying and distribution to the members of the board.

(f) Approval of Amendments. Amendments to other than chapters 7 and 9 of these Rules Regulating The Florida Bar shall be by petition to the Supreme Court of Florida. Petitions to amend these Rules Regulating The Florida Bar may be filed by the board of governors or by 50 members in good standing, provided that any amendments proposed by members of the bar shall be filed 90 days after filing same them with The Florida Bar.

(g) Notice of Intent to File Petition. Notice of intent to file a petition to amend these Rules Regulating The Florida Bar shall be published in The Florida Bar News at least 30 days before the filing of the petition. The notice shall set forth the text of the proposed amendments, shall state the date the petition will be filedi and shall state that any comments or objections must be filed within 30 days of filing the petition. A copy of all comments or objections shall be served on the Executive Director of The Florida Bar and any persons who may have made an appearance in the matter.

(h) Action by the Supreme Court of Florida. The court shall review all proposed amendments filed under this rule and such amendments shall not become effective until an order is issued approving same them. Final action of the court shall be reported in The Florida Bar News.

(i) Waiver. On good cause shown, the court may waive any or all of the provisions of this rule.

1-13. TIME

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 shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which that is neither not a Saturday, Sunday, or legal holiday.

(b) Additional Time After Service by 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, 5 days shall be added to the prescribed period.

CHAPTER 2. BYLAWS OF THE FLORIDA BAR

2-1. SEAL, EMBLEMS, AND PUBLICITY SYMBOLS

BYLAW 2-1.1 SEAL

The official seal of The Florida Bar shall be inscribed “The Florida Bar” on upper circular portion,' “1950” on lower circular portion, with the official state seal occupying center portion.

BYLAW 2-1.2 PUBLICITY SYMBOL

The publicity symbol for The Florida Bar to be placed on publicity of The Florida Bar shall consist of an outline of tiie Florida map, scales of justice, book, and gavel. “The Florida Bar” shall be set in circular fashion around the symbol.

BYLAW 2-1.3 USAGE

The usages of the seal, emblems, and publicity symbols of The Florida Bar shall be determined by the board of governors.

2-2. MEMBERSHIP

BYLAW 2-2.1 ATTAINING MEMBERSHIP

Persons shall initially become a member of The Florida Bar, in good standing, only upon certification by the Supreme Court of Florida in accordance with the rules governing the Florida Board of Bar Examiners and administration of the required oath.

BYLAW 2-2.2 LAW FACULTY AFFILIATES

Law faculty affiliates shall pay fees as set by the board of governors, shall be entitled to receive The Florida Bar Journal and The Florida Bar News, and shall have such other privileges and benefits of members of The Florida Bar as the board of governors shall authorize. The executive director shall issue to law faculty affiliates such special identification card as may be authorized by the board of governors.

BYLAW 2-2.3 LIST OF MEMBERS

The executive director shall furnish the chief judge of each circuit and the clerk of each court a list of all members in good standing and a list of all inactive members and shall furnish corrections and additions to such lists as occasion may require.

2-3. BOARD OF GOVERNORS

BYLAW 2-3.1 GENERALLY

The board of governors shall be the governing body of The Florida Bar. The board of governors shall have the power and duty to administer the Rules Regulating The Florida Bar, including the power to employ necessary personnel. Subject to the authority of the Supreme Court of Florida, the board of governors, as the governing body of The Florida Bar, shall be vested with exclusive power and authority to formulate, fix, determine, and adopt matters of policy concerning the activities, affairs, or organization of The Florida Bar. The board of governors shall be charged with the duty and responsibility of enforcing and carrying into effect the provisions of the Rules Regulating The Florida Bar and the accomplishment of the aims and purposes of The Florida Bar. The board of governors shall direct the manner in which all funds of The Florida Bar are disbursed and the purposes therefor and shall adopt and approve a budget for each fiscal year. The board of governors shall perform all other duties imposed under the Rules Regulating The Florida Bar and shall have full power to exercise such functions as may be necessary, expedient, or incidental to the full exercise of any powers bestowed upon the board of governors by said rules or any amendment thereto or by this chapter.

BYLAW 2-3.2 POWERS

(а) Authority of Board; Supervision by Court. Subject to the continued direction and supervision by the Supreme Court of Florida, the board of governors may, by amendment to this chapter, take all necessary action to; make nominations and appointments where authorized, support the Florida Bar Foundation, and create or abolish programs.

(ab) Nomination and Appointment by Board. The board of governors may Mmake nominations to or appointments to associations or other entities as required by the Rules Regulating The Florida Bar, this chapter, and any rules or policies adopted by the board of governors in accordance therewith or as required by law.

(be) Florida Bar Foundation. Establish and The board of governors may support the foundation known as The Florida Bar Foundation for charitable, scientific, literary, and educational purposes.

(od) Programs. The board of governors may Eestablish, maintain, and supervise:'

(1) Aa lawyer referral service;

(2) Pprograms for providing continuing legal education for its members;

(3) Tthe publication of a newspaper, a magazine, and other publications for its members, affiliates, and the public;

(4) Aa program for providing information and advice to the courts and all other branches of government concerning current law and proposed or contemplated changes in the law;

(5) Aa program of cooperation with the faculty of accredited Florida law schools; and

(б) Aa program for providing pre-paid legal services^

(7) Aa program for providing adviceT and educational information to members of the bar concerning the operation and management of law offices^

(8) Pprograms for promoting and supporting the Bbar’s public service obligations and activities, including, but not limited to, pro bono services support and law related education^

(9) Pprograms for the development and provision of benefits and services to Bbar members, including, but not limited to, insurance benefits and association member discounts on goods and services^

(10) Aa program or funding for a program to provide for identification of and assistance to members of The Florida Bar who are chemically dependent or addicted^ and

(11) a program for providing enhanced opportunities and participation in the profession to minority members of the bar.

BYLAW 2-3.3 FORMULA FOR APPORTIONMENT OF MEMBERS OF BOARD OF GOVERNORS

The formula for determining the number of representatives apportioned to and elected from each judicial circuit shall be as follows:

(a) Determination of Median Circuit Population. Determine the median number of members in good standing residing in the judicial circuits (“the median circuit population”) by (4) ranking the judicial circuits in order of the number of members in good standing residing in each circuit and (2) determining the number of members in good standing residing in the judicial circuit that is ranked exactly midway between the circuit with the largest number of members and the circuit with the smallest number of members or, if there is an even number of circuits, calculating the average membership of the two (2) circuits that are ranked midway between the circuit with the largest number of members and the circuit with the smallest number of members.

(b) Apportionment of Members Among the Judicial Circuits. Apportion representatives among the judicial circuits by assigning to each judicial circuit the number of representatives equal to the quotient obtained by dividing the number of members in good standing residing in that circuit by the median circuit population and rounding to the nearest whole number.

(c) Determination of Deviation From Median Circuit Population. Determine the relative deviation of each circuit’s proportionate representation from the median circuit population by (1) calculating the number of resident members per representative so apportioned, rounded to the nearest whole number, (2) subtracting from that number the median circuit population, (3) dividing the difference by the median circuit population, and (4) converting the quotient so obtained to the equivalent percentile.

(d) Adjustment to Deviation From Median Circuit Population. Determine whether each circuit’s relative deviation from the median circuit population would be reduced by adding or subtracting one 1 representative, and, if so, add or subtract one 1 representative as indicated.

(e) Minimum Guaranteed Representatives. Assign ene 1 representative to each judicial circuit not otherwise qualifying for a representative under the calculations made in subparagraphs subdivisions (a) and (b).

(f) Reduction in Number of Representatives to Maintain Maximum Board Size. If the total number of representatives assigned to the judicial circuits as a result of the steps set forth in subparagraphs subdivisions (a) through (e), when added to the number of officers and other representatives who are members of the board by virtue of the provisions of rule 1-4.1, would result in a board of more than fifty (50) voting persons, reduce the number of members of the board to exactly fifty (50) voting persons by (1) determining which judicial circuit among those to which more than one 1 representative has been apportioned would have the smallest relative deviation from the median circuit population after the loss of one 1 representative, (2) subtracting one 1 representative from that circuit, and (3) repeating those two (2) steps as necessary until the total number of voting board members is reduced to exactly ⅝-(50).

BYLAW 2-3.4 ANNUAL APPORTIONMENT

(a) Certification of Membership by Executive Director. The executive director shall each year as of October 1 determine from the official records of The Florida Bar the number of members, in good standing, of The Florida Bar residing in each judicial circuit. The executive director shall thereafter determine by application of the formula in rule bylaw 2-3.3 the number of members of the board of governors to serve from each judicial circuit. The executive director shall file a certificate setting forth the above information with the clerk of the Supreme Court of Florida and shall cause a copy of such certificate to be published in The Florida Bar News on or before November 1 of each year. The certificate shall be published in the format of rule bylaw 2-3.5(a). The reapportionment established by the terms of such certificate shall automatically amend rule bylaw 2-3.5(a) on December 1 unless the Supreme Court of Florida orders otherwise.

(b) Elected Members to Serve Full Term. No elected member of the board of governors shall serve less than the full term to which elected by reason of any reapportionment required by paragraph subdivision (a).

BYLAW 2-3.5 NOMINATION OF MEMBERS

(a) Staggered Terms. Elections shall be held and appointments made in even-numbered years for the following board of governors’ representatives:

Circuit (seat #)

1

2(2)

3

4(1)

6(1)

7

9(1)

9(3)

10

11(1)

11(3)

11(5)

11(7)

11(9)

13(1)

14

15(1)

15(3)

17(1)

17(4)

18

20

nonresident (2)

public member (2)

Elections shall be held and appointments made in odd-numbered years for the following board of governors’ representatives:

Circuit (seat #)

2(D

4(2)

5

6(2)

6(3)

8

9(2)

11(2)

11(4)

■11(6)

11(8)

11(10)

11(11)

12(1)

13(2)

13(3)

15(2)

16

17(2)

17(3)

19

nonresident (1)

nonresident (3)

public member (1)

As additions or deletions of circuit representatives resulting from the application of the formula provided in this rule necessitate changes in the lists set forth above, both in circuit and office numbers, such changes shall be made by the executive director as appropriate and shall be published in The Florida Bar News on or before November 1.

(b) Time for Filing Nominating Petitions. Nominations for the election of representatives on the board of governors from each judicial circuit shall be made by written petition signed by not fewer than five (5) members of The Florida Bar in good standing. In each circuit in which there is more than one 1 representative to be elected, the offices of the representatives shall be designated numerically, with the executive director making whatever adjustments are necessary to reflect changes resulting from the annual certification, and a nominating petition shall state the number of the office sought by a nominee. Any number of candidates may be nominated on a single petition, and any number of petitions may be filed, but all candidates named in a petition and all members signing such petition shall have their official bar address in the judicial circuit which that the candidate is nominated to represent and shall be members of The Florida Bar in good standing. Nominations for election of a nonresident member of the board of governors shall be by written petition signed by not fewer than five (5) nonresident members of The Florida Bar in good standing. Nominees shall endorse their written acceptance on such petitions but no nominee shall accept nomination for more than one 1 office. All nominating petitions shall be filed with the executive director at the headquarters office on or before 5:00 p.m., December 1 prior to the year of election. On a date to be fixed by the executive director the nominating petitions shall be canvassed and tabulated by the executive director and the clerk of the Supreme Court of Florida, and the executive director and the clerk of the Supreme Court of Florida shall thereupon certify in writing the names of all members who have been properly nominated.

(c) Nomination and Appointment of Nonlawyer Members. The board of governors’ members who are not members of The Florida Bar shall be chosen and appointed by the Supreme Court of Florida from the list of nominees to be filed with the Ccourt by the board of governors. The board of governors of The Florida Bar by majority vote shall nominate three (3) persons for each nonlawyer seat and shall file the nominations with the Supreme Court of Florida on or before April 15 of the appointment year for that seat. The two- (2) nonlawyer members shall serve staggered terms of two -(2) years and shall serve no more than two (2) terms.

BYLAW 2-3.6 ELECTION

Voting shall be by secret ballot. The executive director shall prepare and cause to be printed a sufficient number of ballots for the election of nonresident board members and for each judicial circuit office for which an election is to be held. One of such ballots shall be mailed to each member of The Florida Bar in good standing in each of such judicial circuits and to each nonresident member of The Florida Bar in good standing in the case of election of a nonresident board member. The records of the executive director shall be conclusive in determining the members entitled to receive such ballots. When more than one office is to be filled, the offices shall be listed on the ballots in numerical order. The names of candidates on the ballots shall be listed alphabetically for each office. The ballots shall be mailed on or before March 1. Only voted ballots received by the executive director prior to midnight on March 21 shall be counted or tabulated. Immediately after March 21, the executive director and the clerk of the Supreme Court of Florida shall canvass and tabulate the ballots received and certify the results of the election. Failure to make a nomination shall result in a vacancy to be filled in accordance with the provisions of rule bylaw 2-3.9. The candidate for an office receiving a majority of the votes cast for the office shall be declared elected. In the event no candidate receives such majority there shall be a runoff election between the two (2) candidates receiving the highest number of votes. The ballots for the runoff shall be mailed on or before April 1 and the voted ballots shall be received by the executive director prior to midnight on April 22. The ballots shall be counted and the results certified as provided for the first election. In the event that only ose 1 candidate has been nominated for a particular office on the board of governors, such candidate shall be declared elected. Results of the election shall be furnished by the executive director to the officers, members of the board of governors, and all candidates and may be furnished to any other interested persons upon their request.

BYLAW 2-3.7 TERM

The term of office for those persons regularly elected or appointed is two-(2) years and thereafter until a successor’s term commences. The term commences at the conclusion of the annual meeting of The Florida Bar following election or appointment to office. The term of office for those persons elected or appointed to fill a vacancy shall run for the balance of the term.

BYLAW 2-3.8 REMOVAL

Any member of the board of governors may be removed for cause by resolution adopted by two-thirds of the entire membership of the board of governors.

BYLAW 2-3.9 VACANCY

Except for nonlawyer members, in the event of a vacancy on the board of governors the vacancy shall be filled by a special election within the framework of the pertinent election procedures presently existing under these rules relating to the election of members of the board of governors. Notice of the vacancy and the special election shall be given by publication in The Florida Bar News, which notice shall provide that nominating petitions must be filed within thirty (30) days of the date of the publication of the notice with the executive director. The special election shall be held not less than thirty-(30) days and not more than forty-five (45) days after the publication of the notice. The procedures set forth in these rules for election shall be followed as closely as possible. In the event of a vacancy on the board of governors for a nonlawyer member, the vacancy shall be filled by special nomination and appointment in accordance with the provisions of rule bylaw 2-3.5(c).

BYLAW 2-3.10 MEETINGS

The board of governors shall hold si*-(6) regular meetings each year, at least ese 1 of which shall be held at The Florida Bar Center. Subject to the approval of the board of governors, the places and times of such meetings shall be determined by the president, who may make such designation while president-elect. Special meetings shall 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 during such times as the board shall be in executive session concerning disciplinary matters, personnel matters, member objections to legislative positions of The Florida Bar, or receiving attorney-client advice. Minutes of all meetings shall be kept by the executive director.

BYLAW 2-3.11 QUORUM

A majority of the members of the board of governors shall constitute a quorum for the transaction of business at all meetings.

BYLAW 2-3.12 EXECUTIVE COMMITTEE

Unless otherwise limited by these rules, the executive committee shall have full power and authority to exercise the function of the board of governors; — (a) Tto the extent authorized by the board of governors on any specific mattery and (b) Oon any other matter which that necessarily must be determined between meetings of the board of governors.

The executive committee shall notify the board of governors at the next meeting of all actions taken by the executive committee during the interim between meetings of the board of governors. Unless modified by the board of governors at such meeting, actions of the executive committee shall be final.

2-4. OFFICERS

BYLAW 2-4.1 DUTIES OF PRESIDENT

The president shall conduct and preside at all meetings of The Florida Bar and the board of governors. The president shall be the official spokesmaaperson for The Florida Bar and the board of governors. Unless otherwise provided herein, the president shall appoint all committees. The president shall be the chief executive of The Florida Bar and shall be vested with full power to exercise whatever functions may be necessary or incident to the full exercise of any power bestowed upon the president by the board of governors consistent with the provisions of these Rules Regulating The Florida Bar. It shall be the duty and obligation of the president to furnish leadership in the accomplishment of the aims and purposes of The Florida Bar.

BYLAW 2-4.2 DUTIES OF PRESIDENT-ELECT

It shall be the duty of the president-elect to render every assistance and cooperation to the president and provide the president with the fullest measure of counsel and advice. The president-elect shall be familiarized with all activities and affairs of The Florida Bar and shall have such other duties as may be assigned to the president-elect by the board of governors. In the event the president-elect is absent or unable to act, or in the event of the president-elect’s death, disability, or resignation, the board of governors shall select an acting president-elect to hold office until a successor shall have been elected by the members of The Florida Bar in good standing at a special election held pursuant to the direction of the board of governors.

BYLAW 2-4.3 DUTIES OF EXECUTIVE DIRECTOR

The executive director shall be chosen by the board of governors and shall perform all duties usually required of a secretary and a treasurer and such other duties as may be assigned by the board of governors. The executive director shall serve as publisher of The Florida Bar Journal and The Florida Bar News and as director of public relations until otherwise directed by the board of governors. The executive director shall keep the records of The Florida Bar and the .board of governors. The executive director shall maintain and be in charge of the offices and shall devote his or her full time to the work of The Florida Bar. The board shall fix his or her the executive director's salary and other benefits and emoluments of office.

BYLAW 2-4.4 QUALIFICATIONS FOR OFFICE

Only members of The Florida Bar in good standing shall be eligible to hold any elective office in The Florida Bar. No officer shall engage in political activity on behalf of a candidate for public office except in furtherance of the objectives of The Florida Bar and with the approval of the board of governors.

BYLAW 2-4.5 NOMINATIONS FOR PRESIDENT-ELECT

(a) Nominations. Any member of The Florida Bar in good standing may be nominated as a candidate for president-elect by petition signed by not fewer than 1 percent of the members of The Florida Bar in good standing. Such nominating petitions shall be filed with the executive director at the headquarters office on or after May 15 and on or before 5:00 p.m., June 15 of the year in which the election is to be held. Nominees shall endorse their written acceptance upon such petition. In the event that no member of The Florida Bar in good standing shall be nominated, the board of governors shall thereafter nominate at least 1 candidate for the office of president-elect.

No mailings or solicitations shall be made prior to April 15 for the purposes of seeking support for the nomination of a candidate to the office of president-e