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 1-7.3(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 3-5.1(i) Restitution (new)

Rule 3-7.4( l) 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) A a 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.

PER CURIAM.

RULES REGULATING THE FLORIDA BAR CHAPTER 1. GENERAL INTRODUCTION C c RULE 1-3.1 COMPOSITION this Court the Supreme Court of Florida RULE 1-3.2 MEMBERSHIP CLASSIFICATIONS (a) Members in Good Standing. , (b) Conditionally Admitted Members. , C c three 3 C c : , , (c) Inactive Members. RULE 1-3.3 OFFICIAL BAR ADDRESS RULE 1-3.4 CLER DELINQUENT MEMBERS AND CLER EXEMPT MEMBERS (a) CLER Delinquent Members. (b) CLER Exempt Members. . ; P p RULE 1-3.5 RETIREMENT , RULE 1-3.6 DELINQUENT MEMBERS RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP (a) Eligibility for Reinstatement. , been , ( a b ) Petitions Required. .00 .00 ( b c ) Members Who Have Retired or Been Delinquent For 3 Years or Less. ( c d ) Members Who Have Retired or Been Delinquent For Less Than 5 Years, But More Than 3 Years. or ( d e ) Members Who Have Retired or Been Delinquent For More Than 5 Years or More. ( e f ) Disciplinary Sanctions Members Delinquent 60 Days or Less. ( f g ) Inactive Members. a b which that which that - RULE 1-3.8 RIGHT TO INVENTORY (a) Appointment; Grounds; Authority. his a , (b) Maintenance of Attorney-Client Confidences. which that RULE 1-3.9 LAW FACULTY AFFILIATES RULE 1-4.1 COMPOSITION OF BOARD OF GOVERNORS t T fifty-one ( ) fifty ( ) t T Y y L l D d three ( ) active t T in good standing S s active t T in good standing two ( ) S s t T one 1 RULE 1-4.2 AUTHORITY; SUPERVISION (a) Authority and Responsibility. (b) Duty to Furnish Information to Court. unauthorized unlicensed which that C c C c (c) Powers of Court. RULE 1-4.3 COMMITTEES man man ve on two ( ) three ( ) nine ( ) three 3 RULE 1-4.4 BOARD COMMITTEES RULE 1-4.5 SECTIONS RULE 1-5.1 OFFICERS RULE 1-5.2 DUTIES RULE 1-6.1 ANNUAL MEETING RULE 1-6.2 SPECIAL MEETINGS five ( ) RULE 1-6.3 NOTICE; RULES OF PROCEDURE RULE 1-7.1 BUDGET thirty ( ) thirty 30 RULE 1-7.2 OFFICER'S SALARY RULE 1-7.3 DUES (a) Dues Requirement. , 2 3 or restitution thirty ( ) Restitution shall be deemed delinquent unless accomplished in the manner and by the date provided in the disciplinary order or agreement. (b) Prorated Dues. (c) Election of Inactive Membership. membership status 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. (d) Late Payment of Dues. .00 RULE 1-7.4 PROCEDURES RULE 1-7.5 RETIRED, RESIGNED, INACTIVE, DELINQUENT MEMBERS , RULE 1-8.1 RESPONSIBILITY OF BOARD OF GOVERNORS RULE 1-8.2 UNLICENSED PRACTICE OF LAW C c RULE 1-8.3 BOARD OF CERTIFICATION AND DESIGNATION LEGAL SPECIALIZATION AND EDUCATION certification and designation legal specialization and education RULE 1-8.4 CLIENTS' SECURITY FUND RULE 1-9.1 CREATION active in good standing thirty-six ( ) active in good standing five ( ) RULE 1-9.2 POWERS AND DUTIES RULE 1-9.3 BYLAWS RULE 1-10.1 COMPLIANCE C c RULE 1-11.1 GENERALLY RULE 1-11. 3 2 NOTICE OF AMENDMENT fifty ( ) this Court the Supreme Court of Florida C c C c which that C c RULE 1-11.4 3 SUPERVISION BY COURT C c RULE 1-12.1 AMENDMENT TO RULES; AUTHORITY; NOTICE; PROCEDURES; COMMENTS (a) Authority to Amend. , (b) Proposed Amendments. (c) Board Review of Proposed Amendments. (d) Notice of Proposed Board Action. which that (e) Comments by Members. same them (f) Approval of Amendments. same them (g) Notice of Intent to File Petition. shall , shall (h) Action by the Supreme Court of Florida. same them. (i) Waiver. RULE 1-13.1 TIME (a) Computation. , , which that neither not , (b) Additional Time After Service by Mail. CHAPTER 2. BYLAWS OF THE FLORIDA BAR BYLAW 2-1.1 SEAL BYLAW 2-1.2 PUBLICITY SYMBOL an the BYLAW 2-1.3 USAGE BYLAW 2-2.1 ATTAINING MEMBERSHIP Supreme of Florida BYLAW 2-2.2 LAW FACULTY AFFILIATES BYLAW 2-2.3 LIST OF MEMBERS BYLAW 2-3.1 GENERALLY , BYLAW 2-3.2 POWERS (a) Authority of Board; Supervision by Court. : make nominations and appointments where authorized, support the Florida Bar Foundation, and create or abolish programs. ( a b ) Nomination and Appointment by Board. The board of governors may M m ( b c ) Florida Bar Foundation. Establish and The board of governors may ( c d ) Programs. The board of governors may E e A a P p T t A a A a and A a . ; A a , . ; P p B b . ; P p B b . ; A a . ; 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 (a) Determination of Median Circuit Population. (1) (2) two (2) (b) Apportionment of Members Among the Judicial Circuits. (c) Determination of Deviation From Median Circuit Population. (d) Adjustment to Deviation From Median Circuit Population. one 1 one 1 (e) Minimum Guaranteed Representatives. one 1 subparagraphs subdivisions (f) Reduction in Number of Representatives to Maintain Maximum Board Size. subparagraphs subdivisions fifty ( ) fifty ( ) one 1 one 1 one 1 two ( ) fifty ( ) BYLAW 2-3.4 ANNUAL APPORTIONMENT (a) Certification of Membership by Executive Director. rule bylaw rule bylaw rule bylaw (b) Elected Members to Serve Full Term. paragraph subdivision BYLAW 2-3.5 NOMINATION OF MEMBERS (a) Staggered Terms. ' ' 6(3) 11(11) on or before November 1. (b) Time for Filing Nominating Petitions. five ( ) one 1 which that five ( ) one 1 (c) Nomination and Appointment of Nonlawyer Members. ' C c three ( ) two ( ) two ( ) two ( ) BYLAW 2-3.6 ELECTION rule bylaw two ( ) one 1 BYLAW 2-3.7 TERM two ( ) BYLAW 2-3.8 REMOVAL BYLAW 2-3.9 VACANCY thirty ( ) thirty ( ) forty-five ( ) rule bylaw BYLAW 2-3.10 MEETINGS six ( ) one 1 BYLAW 2-3.11 QUORUM BYLAW 2-3.12 EXECUTIVE COMMITTEE ; (a) T t ; , (b) O o which that BYLAW 2-4.1 DUTIES OF PRESIDENT man person BYLAW 2-4.2 DUTIES OF PRESIDENT-ELECT BYLAW 2-4.3 DUTIES OF EXECUTIVE DIRECTOR his or her his or her the executive director's BYLAW 2-4.4 QUALIFICATIONS FOR OFFICE BYLAW 2-4.5 NOMINATIONS FOR PRESIDENT-ELECT (a) Nominations. (b) Campaigns. BYLAW 2-4.6 ELECTION OF PRESIDENT-ELECT to BYLAW 2-4.7 PRESIDENT'S ABSENCE his the president's BYLAW 2-4.8 PROHIBITION AGAINST SERVICE ON BOARD OF GOVERNORS AND AS PRESIDENT OR PRESIDENT-ELECT BYLAW 2-5.1 ANNUAL MEETING BYLAW 2-5.2 RULES OF PROCEDURE which that ten ( ) in good standing BYLAW 2-6.1 EXPENDITURES BYLAW 2-6.2 FISCAL YEAR BYLAW 2-6.3 ANNUAL BUDGET BYLAW 2-6.4 BUDGET COMMITTEE nine ( ) three ( ) three 3 man man man he or she the chair his or her the chair's BYLAW 2-6.5 NOTICE OF BUDGET COMMITTEE HEARINGS ten ( ) BYLAW 2-6.6 TENTATIVE BUDGET OF BUDGET COMMITTEE BYLAW 2-6.7 PROPOSED BUDGET OF BOARD OF GOVERNORS BYLAW 2-6.8 DUES BYLAW 2-6.9 NOTICE OF BOARD OF GOVERNORS HEARING UPON PROPOSED BUDGET BYLAW 2-6.10 HEARING AND ADOPTION OF BUDGET BY BOARD OF GOVERNORS BYLAW 2-6.11 FILING OF BUDGET WITH THE SUPREME COURT OF FLORIDA S s C c C c thirty ( ) BYLAW 2-6.12 AMENDMENT OF THE BUDGET ten ( ) BYLAW 2-6.13 APPROPRIATIONS OF THE BUDGET BYLAW 2-6.14 DISBURSEMENTS his the executive director's BYLAW 2-6.15 CONTINUATION OF FUNDING which that two ( ) BYLAW 2-6.16 ACCOUNTING AND AUDIT BYLAWS 2-7.1 RULES APPLICABLE TO SECTIONS AND DIVISIONS BYLAW 2-7.2 DUTIES BYLAW 2-7.3 CREATION OF SECTIONS AND DIVISIONS a b c d e , f g h i j k l m n o p , q r and s a and b BYLAW 2-7.4 PROCEDURE FOR CREATION OF SECTIONS AND DIVISIONS BYLAW 2-7.5 LEGISLATIVE ACTION OF SECTIONS AND DIVISIONS (a) Limits of Legislative Involvement. (b) Procedure to Determine Legislative Policy. (c) Notice to Executive Director. (d) Identification of Action. BYLAW 2-8.1 ESTABLISHMENT AND APPOINTMENT OF COMMITTEES man man BYLAW 2-8.2 COMMITTEE OPERATIONS man man man man man. BYLAW 2-8.3 STANDING AND SPECIAL COMMITTEES BYLAW 2-8.4 COMMITTEE FINANCES BYLAW 2-9.1 AUTHORITY OF BOARD OF GOVERNORS BYLAW 2-9.2 STANDING BOARD POLICIES thirty ( ) BYLAW 2-9.3 LEGISLATIVE POLICIES (a) Adoption of Rules of Procedure and Legislative Positions. rule bylaw (b) Publication of Legislative Positions. (c) Objection to Legislative Positions of The Florida Bar. (1) active in good standing forty-five ( ) 1 2 2 3 forty-five ( ) 3 4 B b G g such the rule bylaw such the thirty ( ) (d) Composition of Arbitration Panel. three ( ) ( ) one 1 . two ( ) man two ( ) (e) Procedures for Arbitration Panel. (1) ( ) , ; man , 1 2 2 3 such the such that , ( ) ( ) 3 4 ( ) forty-five ( ) 5 such the thirty ( ) 5 6 6 7 7 8 Rule bylaw, rule bylaw BYLAW 2-9.4 ETHICS (a) Rules of Procedure. (b) Amendment. paragraph subdivision ; . twenty ( ) ; and . (c) Waiver. paragraph subdivision BYLAW 2-9.5 ADMINISTRATIVE POLICIES are is BYLAW 2-9.6 RULES OF ORDER which that BYLAW 2-9.7 INSURANCE FOR MEMBERS OF BOARD OF GOVERNORS, OFFICERS, GRIEVANCE COMMITTEE MEMBERS, UPL COMMITTEE MEMBERS AND EMPLOYEES B b G g , B b C c the person is B b , , , , he or she the person B b , , him or her the person , he or she the person he or she his or her the , or which he or she that the person his or her the BYLAW 2-9.8 LAW OFFICE MANAGEMENT ADVISORY SERVICE rule bylaw which that BYLAW 2-9.9 PUBLIC INTEREST PROGRAMS BYLAW 2-9.10 MEMBER BENEFITS PROGRAM BYLAW 2-9.11 ASSISTANCE TO MEMBERS ADDICTED TO OR DEPENDENT UPON CHEMICALS BYLAW 2-10.1 PROPOSED AMENDMENTS 1 CHAPTER 3. RULES OF DISCIPLINE RULE 3-1.1 PRIVILEGE TO PRACTICE which that RULE 3-1.2 GENERALLY RULE 3-2.1 GENERALLY (a) Bar Counsel. (b) The Board or the Board of Governors. (c) Complainant or Complaining Witness. (d) This Court or the Court. (e) Court of this State. (f) Executive Committee. (g) Executive Director. (h) Probable Cause. (i) Referee. (j) Respondent. (k) Staff Counsel. ( l ) Branch Staff Counsel. is are (m) Designated Reviewer. RULE 3-3.1 SUPREME COURT OF FLORIDA; DISCIPLINARY AGENCIES C c , RULE 3-3.2 BOARD OF GOVERNORS OF THE FLORIDA BAR (a) Responsibility of Board. ( a b ) Authority to File a Formal Complaint. has been temporarily suspended for is the subject of an order of emergency suspension or emergency probation that is based on person which that ( b c ) Executive Committee. RULE 3-3.3 COUNSEL FOR THE FLORIDA BAR (a) Staff Counsel. (b) Bar Counsel. 6 7 RULE 3-3.4 GRIEVANCE COMMITTEES (a) Circuit Grievance Committees. (b) Special Grievance Committees. (c) Membership, Appointment, and Eligibility. three ( ) five ( ) I i H h H h which that which that I i person person (d) Terms. one 1 three ( ) three ( ) his or her the member's (e) Officers. person person person person (f) Oath. (g) Removal. (h) Grievance Committee Meetings. person person RULE 3-3.5 CIRCUIT COURT JURISDICTION RULE 3-4.1 NOTICE AND KNOWLEDGE OF RULES C c C c S s RULE 3-4.2 RULES OF PROFESSIONAL CONDUCT RULE 3-4.3 MISCONDUCT AND MINOR MISCONDUCT ve ed which that S s RULE 3-4.4 CRIMINAL MISCONDUCT the the , RULE 3-4.5 REMOVAL FROM JUDICIAL OFFICE BY THE SUPREME COURT OF FLORIDA RULE 3-4.6 DISCIPLINE BY FOREIGN OR FEDERAL JURISDICTION RULE 3-4.7 OATH RULE 3-5.1 GENERALLY (a) Admonishments. (b) Minor Misconduct. Criteria. a. (A) T t . ; b. (B) T t , . ; c. (C) T t three ( ) . ; d. (D) T t five ( ) . ; e. (E) T t . ; or f. (F) T t Discretion of Grievance Committee. one 1 paragraph subdivision , Recommendation of Minor Misconduct. fifteen ( ) Rejection of Minor Misconduct Reports. Admission of Minor Misconduct. fifteen ( ) , (c) Probation. up six ( ) three ( ) , C c (d) Public Reprimand. (e) Suspension. ninety ( ) ninety ( ) three ( ) (f) Disbarment. five ( ) C c (g) Notice to Clients. temporary emergency C c his the respondent's thirty ( ) (h) Forfeiture of Fees. , (i) Restitution. In addition to any of the foregoing disciplinary sanctions and any disciplinary sanctions authorized elsewhere in these rules, the respondent may be ordered or agree to pay restitution to a complainant or other person if the disciplinary order finds that the respondent has received a clearly excessive, illegal, or prohibited fee or that the respondent has converted trust funds or property. In such instances the amount of restitution shall be specifically set forth in the disciplinary order or agreement and shall not exceed the amount by which a fee is clearly excessive, in the case of a prohibited or illegal fee shall not exceed the amount of such fee, or in the case of conversion shall not exceed the amount of the conversion established in disciplinary proceedings. The disciplinary order or agreement shall also state to whom restitution shall be made and the date by which it shall be completed. Failure to comply with the order or agreement shall not preclude further proceedings under these rules. RULE 3-5.2 EMERGENCY SUSPENSION AND PROBATION (a) Initial Petition. one 1 (b) Trust Accounts. C c (c) New c C ases and e E xisting c C lients. C c (d) Filing of Formal Complaints. (e) Motions for Dissolution. S s C c S s C c (f) Hearings on Formal Complaints. S s C c n temporary emergency paragraph subdivision S s C c (g) Proceedings in the Supreme Court of Florida. S s C c C c J j (h) Waiver of Time Limits. RULE 3-6.1 GENERALLY C c (a) Notice of Employment. (b) Reports by Employee and Employer. (c) Client Contact. RULE 3-7.1 CONFIDENTIALITY (a) Scope of Confidentiality. which that ( a b ) Public Record. , , , ( b c ) Circuit Court Proceedings. ( e d ) Limitations on Disclosure. which that man , ( d e ) Disclosure of Information. , ( e f ) Response to Inquiry. , , which that ( f g ) Notice to Law Firms. his or her the respondent's the ( ) or acts f g ( g h ) Pending Investigations. e f ( h i ) Minor Misconduct Cases. ( i j ) Probable Cause Cases. paragraph subdivision ( j k ) No Probable Cause Cases. which that ( k l ) Production of Disciplinary Records Pursuant to Subpoena. , which that ( l m ) Notice to Judges. ( m n ) Evidence of Crime. ( n o ) Alcohol and Drug Treatment. paragraph subdivision ( o p ) Response to False or Misleading Statements. which that ( p q ) Disclosure by Waiver of Respondent. T t T t G g S s RULE 3-7.2 PROCEDURES UPON CRIMINAL OR PROFESSIONAL MISCONDUCT; DISCIPLINE UPON DETERMINATION OR JUDGMENT OF GUILT OF CRIMINAL MISCONDUCT (a) Definitions. Judgment of Guilt. , Determination of Guilt. , the Convicted Attorney. , (b) Determination or Judgment of Guilt. (c) Notice of Determination or Judgment of Guilt. thirty ( ) (d) Notice of Determination or Judgment of Guilt by Courts of the State of Florida. (e) Suspension by Judgment of Guilt (Felonies). he the respondent (f) Petition to Modify or Terminate Suspension. , (g) Response to Petition to Modify or Terminate Automatic Suspension. twenty ( ) (h) Term of Suspension. (1) Maximum Term of Suspension. three ( ) 9 10 1 2 Continuation During Appeal. 2 3 Continuation of Suspension Until Final Disposition. 3 4 Termination of Suspension. (i) Separate Disciplinary Action. (1) Initiation of Action. 1 2 Conclusive Proof of Probable Cause. 8 9, 2 3 Determination or Judgment of Guilt as Evidence. (j) Professional Misconduct in Foreign Jurisdiction. Notice of Discipline by a Foreign Jurisdiction. thirty ( ) Adjudication or Discipline by a Foreign Jurisdiction. RULE 3-7.3 REVIEW OF INQUIRIES, COMPLAINT PROCESSING, AND INITIAL INVESTIGATORY PROCEDURES (a) Screening of Inquiries. (b) Complaint Processing and Bar Counsel Investigation. (c) Form for Complaints. that (d) Dismissal of Disciplinary Cases. person (e) Referral to Grievance Committees. (f) Information Concerning Closed Inquiries and Complaints Dismissed by Staff. RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES (a) Notice of Hearing. the ( a b ) Complaint Filed With Grievance Committee. ten ( ) ; , ; , ; , ; , ( b c Investigation. ( c d ) Conduct of Proceedings. ( d e ) No Delay for Civil or Criminal Proceedings. of to , ( e f ) Counsel and Investigators. ( f g ) Quorum, Vote. ( ) two ( ) three ( ) two ( ) three ( ) person three ( ) - one 1 person person three ( ) - person person two ( ) ( g h Rights and Responsibilities of the Respondent. , which that which that ( h i ) Rights of the Complaining Witness. it is man , ( i j ) No Finding of Probable Cause. ( j k ) Preparation, Forwarding, and Review of Grievance Committee Complaints. . ; P p he or she the presiding member and , . and a A his or her the respondent's ( k l ) Letter Reports in No Probable Cause Cases. the presiding member of the committee bar counsel bar counsel with a copy to complainant, presiding member, , if the respondent was notified of the investigation. The report should e ing the presiding member bar counsel . Bar counsel shall send a letter to the complainant and , , in writing and . and Letter reports and letters of advice ( l m ) Recommendation of Admonishment for Minor Misconduct. chairperson or vice chairperson or the member of the three (3) member panel who was elected to preside over the panel's action presiding member which that which that chairperson, vice chairperson, or he or she shall return shall be returned ( m n ) Rejection of Admonishment. fifteen ( ) branch staff bar ( n o ) Appointment of Bar Counsel. RULE 3-7.5 PROCEDURES BEFORE THE BOARD OF GOVERNORS (a) Review of Grievance Committee Matters. (1) 1 2 a. (A) A a , b. (B) C c c. (C) R r d. (D) R r 2 3 (b) Review by the Designated Reviewer. , twenty-one( ) (c) Finding of Probable Cause. (d) Finding of No Probable Cause. (e) Control of Proceedings. (f) Filing Service on Board of Governors. RULE 3-7.6 PROCEDURES BEFORE A REFEREE (a) Referees. respective (b) Trial by Referee. which that (c) Venue. (d) Style of Proceedings. , , (e) Nature of Proceedings. Administrative in Character. - Discovery. (f) Bar Counsel. (g) Pleadings. Complaint; Consolidation and Severance. a. (A) Filing. b. (B) Content. c. (C) Joinder of Charges and Respondents; Severance. Answer and Motion. twenty ( ) Reply. ten ( ) Disposition of Motions. Filing and Service of Pleadings. a. (A) Prior to Appointment of Referee. theretofore C c b. (B) After Appointment of Referee. Amendment. Expediting the Trial. Disqualification of Referee. (h) Notice of Final Hearing. ten ( ) ' ten ( ) the (i) The Respondent. (j) Complaining Witness. s (k) Referee's Report. Contents of Report. thirty ( ) ten ( ) 1 A 2 B or not 3 C D which that which that , 5 E Filing. l The Record. Reporting of Testimony. Contents. (m) Plea of Guilty by Respondent. , Before Filing of Complaint. After Filing of Complaint. Unconditional. Procedure. , (n) Cost of Review or Reproduction. (1) , when photocopying or other reproduction is performed by the bar, the .00 (2) When the bar is requested to reproduce documents that are voluminous or is requested to produce transcripts in the possession of the bar, the bar may decline to reproduce the documents in the offices of the bar and shall inform the requesting person of the following options: (A) purchase of the transcripts from the court reporter service that produced them; (B) purchase of the documents from the third party from whom the bar received them; or (C) designation of a commercial photocopy service to whom the bar shall deliver the original documents to be copied, at the requesting party's expense, provided the photocopy service agrees to preserve and return the original documents and not to release them to any person without the bar's consent. RULE 3-7.7 PROCEDURES BEFORE SUPREME COURT OF FLORIDA (a) Right of Review. (b) Appointment of Bar Counsel. (c) Procedure For Review. Time for Review. fifteen ( ) ten ( ) thirty ( ) ten ( ) which that C c Record on Review. Briefs. thirty ( ) twenty ( ) ing petition for ten ( ) ing Oral Argument. C c Burden. Judgment of Supreme Court of Florida. C c C c C c which that (d) Precedence of Proceedings. (e) Extraordinary Writs. which that (f) Florida Rules of Appellate Procedure. (g) Contempt by Respondent. 0 1 (h) Pending Disciplinary Cases. C c C c RULE 3-7.8 PROCEDURES BEFORE A CIRCUIT COURT (a) Filing of Motion. , (b) Copy Served Upon Respondent. , twenty ( ) (c) Trial Before a Circuit Judge. (d) Judgment Filed in Supreme Court of Florida. three ( ) C c (e) Petition for Appellate Review. 6 7. (f) Duty to Expedite Proceedings. (g) Readmission or Reinstatement. (h) Reporting Misconduct to The Florida Bar. , , RULE 3-7.9 CONSENT JUDGMENT (a) Before Formal Complaint is Filed. his or her a (b) After Filing of Formal Complaint. his or her a (c) Approval of Consent Judgments. C c (d) Content of Conditional Pleas. (e) Authority of Staff Counsel. , , , RULE 3-7.10 REINSTATEMENT AND READMISSION PROCEDURES (a) Readmission. 1 2 only only five ( ) C c (b) Reinstatement. (c) Petitions; Form and Contents. Filing. three ( ) and . and a A shall be Form and Exhibits. 9 10 ; , ; , ; , ; , ; , which that (d) Deposit for Cost. i e (e) Reference of Petition For Hearing. . ; P p and restitution has been made. (f) Attorney for the Bar. active in good standing which that, (g) Determination of Fitness by Referee Hearing. which whom (h) Hearing; Notice; Evidence. Notice. ten ( ) Appearance. of said , said the Failure of Petitioner to be Examined. (i) Prompt Hearing; Report. which that or not (j) Review. 6 7 (k) Judgment. him the petitioner which that the three ( ) (l) Successive Petitions. one 1 (m) Readmission After Resignation. three ( ) which that (n) Petitions for Reinstatement to Membership in Good Standing. (1) Availability. 1 2 Style of Petition. 2 3 Contents of Petition. the the five ( ) Said The Said The the a. (A) N n b. (B) T t c. (C) T t which that d. (D) T t the , e. (E) A a the f. (F) A a g. (G) A a the the h. (H) A a i. (I) A a , the j. (J) A a or not s, and the , k. (K) A a the which that the l. (L) A a or not the m. (M) A a n. (N) A a the o. (O) A a him the petitioner accused attorney petitioner 3 4 Comments on Petition. , the 5 Costs Deposit. RULE 3-7.11 GENERAL RULE OF PROCEDURE (a) Time is Directory. (b) Process. C c (c) Notice in Lieu of Process. (d) Subpoenas. Referees. Grievance Committees. person person , Board of Governors. Confidential Proceedings. , Contempt. C c (e) Oath of Witness. C c (f) Contempt. Petition for Order to Show Cause. , person , , C c Appellate Review. (g) Testimony of Witnesses; Contempt. C c (h) Court Reporters. full or part-time forty-eight ( ) (i) Disqualification as Trier and Attorney For Respondent Due to Conflict. Employees and Members of the Board of Governors. a. (A) D d b. (B) C c c. (C) A a d. (D) C c Former Members or Employees. Attorneys Precluded From Representing Parties Other Than The Florida Bar. a. (A) ; . b. (B) paragraph subdivision a (A) ; . c. (C) ; . d. (D) one 1 ; . e. (E) one 1 ; and . f. (F) paragraphs subdivisions c (C), d (D), e (E) RULE 3-7.12 RESIGNATION FROM THE FLORIDA BAR (a) Petition for Leave to Resign. , (b) Judgment. sixty ( ) the (c) Delay of Disciplinary Proceedings. (d) Dismissal of Pending Disciplinary Cases. 9 10 which that S s C c RULE 3-7.13 PLACEMENT ON INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT section rule RULE 3-7.14 FLORIDA STATUTES SUPERSEDED 454.18 454.31 454.3277 91 RULE 3-7.15 AMENDMENTS C c fifty ( ) active in good standing thirty ( ) C c CHAPTER 4. RULES OF PROFESSIONAL CONDUCT PREAMBLE: A LAWYER'S RESPONSIBILITIES man person his another's are is which that Scope: , or not Terminology: , RULE 4-1.1 COMPETENCE Comment Legal knowledge and skill Thoroughness and preparation Maintaining competence RULE 4-1.2 SCOPE OF REPRESENTATION (a) Lawyer to Abide by Client's Decisions. paragraphs subdivisions , (b) No Endorsement of Client's Views or Activities. (c) Limitation of Objectives of Representation. (d) Criminal or Fraudulent Conduct. (e) Limitation on Lawyer's Conduct. r R p P c C Comment Scope of representation Independence from client's views or activities Services limited in objectives or means Criminal, fraudulent, and prohibited transactions which that Paragraph Subdivision Paragraph Subdivision paragraph subdivision RULE 4-1.3 DILIGENCE Comment , RULE 4-1.4 COMMUNICATION (a) Informing Client of Status of Representation. (b) Duty to Explain Matters to Client. Comment , Withholding information RULE 4-1.5 FEES FOR LEGAL SERVICES ( A a ) Illegal, Prohibited, or Clearly Excessive Fees. A a T t ( B b ) Factors to be Considered in Determining Reasonable Fee. the following T t T t T t T t T t T t T t W w ( C c ) Consideration of All Factors. ( D d ) Enforceability of Fee Contracts. ( E e ) Duty to Communicate Basis or Rate of Fee to Client. ( F f ) Contingent Fees. F f a A A a b B A a a A 1. (i) 2. (ii) three ( ) (s) (s) ve s (s) are is they have the attorney has b B paragraph subdivision F f 1. (i) which that 33 1/3% of any recovery up to $1 million t T — 33 1/3% of any recovery up to $1 million ; . 40% of any recovery up to $1 million f F ; : 1. 40% of any recovery up to $1 million; plus c 2 portion of the plus d 3 portion of the in excess of exceeding ; , e c (i) 1. through trial plus (ii) 2. any portion of plus (iii) 3. any portion of in excess of for any amount exceeding ; . f d. 2. (ii) F f b B 1, (i) his or her the client's paragraphs subdivisions A a B b 3. (iii) which that c C paragraph subdivision F f d D paragraph subdivision F f 1. (i) 2. (ii) 3. (iii) two ( ) which that section subdivision t T 4. (iv) section subdivision six ( ) ( G g ) Division of Fees Between Lawyers in Different Firms. paragraph subdivision F f d D T t B b a A E e b B T t H h Credit Plans. STATEMENT OF CLIENT'S RIGHTS three ( ) three ( ) three ( ) three 3 his or her the lawyer's he or she the lawyer , he or she the lawyer one 1 which that which that , , the client, 222-5286 561-5600, Comment Basis or rate of fee Terms of payment which that F f Contingent fee regulation F f F f b B F f b B F f b B F f b B F f b B F f b B 1. (i) d. c also F f b B 2. (ii) paragraph subdivision F f b B 1. (i) which that A a B b him or her the client which that which that B b his or her the F f b B which that F f b B 3. (iii) Division of fee paragraph subdivision F f d D paragraph subdivision G g Disputes over fees Referral fees and practices F f d D 2. (ii) F f d D 3. (iii) F f d D 3. (iii) F f , , F f d D 3. (iii) F f d D 4. (iv) paragraph subdivision F f d D RULE 4-1.6 CONFIDENTIALITY OF INFORMATION (a) Consent Required to Reveal Information. paragraphs subdivisions , (b) When Lawyer Must Reveal Information. T t T t (c) When Lawyer May Reveal Information. T t T t T t T t T t (d) Exhaustion of Appellate Remedies. Comment two 2 paragraph subdivision Authorized disclosure Disclosure adverse to client which that paragraph subdivision Paragraph Subdivision which that Withdrawal Dispute concerning lawyer's conduct Paragraph Subdivision which that , paragraph subdivision Disclosures otherwise required or authorized Former client RULE 4-1.7 CONFLICT OF INTEREST; GENERAL RULE (a) Representing Adverse Interests. T t E e (b) Duty to Avoid Limitation on Independent Professional Judgment. T t T t (c) Explanation to Clients. (d) Lawyers Related by Blood or Marriage. Comment Loyalty to a client one 1 s Paragraph Subdivision Paragraph Subdivision one 1 Paragraph Subdivision Consultation and consent paragraph subdivision paragraph subdivision one 1 one 1 Lawyer's interests Conflicts in litigation Paragraph Subdivision paragraph subdivisions , one 1 paragraph subdivision Interest of person paying for a lawyer's service f r Other conflict situations , two 2 , Conflict charged by an opposing party Family relationships between lawyers RULE 4-1.8 CONFLICT OF INTEREST; PROHIBITED TRANSACTIONS (a) Business Transactions With or Acquiring Interest Adverse to Client. T t which that T t T t (b) Using Information to Disadvantage of Client. (c) Gifts to Lawyer or Lawyer's Family. (d) Acquiring Literary or Media Rights. (e) Financial Assistance to Client. A a A a (f) Compensation by Third Party. T t T t I i (g) Settlement of Claims for Multiple Clients. two ( ) (h) Limiting Liability for Malpractice. (i) Acquiring Proprietary Interest in Cause of Action. A a C c Comment Transactions between client and lawyer Paragraph Subdivision paragraph subdivision paragraph subdivision Paragraph Subdivision Literary rights Paragraph Subdivision paragraph subdivision Person paying for lawyer's services Acquisition of interest in litigation Paragraph Subdivision paragraph subdivision RULE 4-1.9 CONFLICT OF INTEREST; FORMER CLIENT (a) R r (b) U u Comment RULE 4-1.10 IMPUTED DISQUALIFICATION; GENERAL RULE (a) Imputed Disqualification of All Lawyers in Firm. one 1 (b) Former Clients of Newly Associated Lawyer. (c) Representing Interests Adverse to Clients of Formerly Associated Lawyer. T t A a (d) Waiver of Conflict. Comment Definition of "firm" two ( ) two ( ) one 1 Principles of imputed disqualification paragraph subdivision one 1 Paragraph Subdivision one 1 paragraph subdivision Lawyers moving between firms one 1 one 1 one 1 two ( ) (2) Confidentiality , those of information about paragraphs subdivisions Paragraphs Subdivisions one 1 two ( ) Adverse positions one 1 RULE 4-1.11 SUCCESSIVE GOVERNMENT AND PRIVATE EMPLOYMENT (a) Representation of Private Client by Former Public Officer or Employee. T t W w (b) Use of Confidential Government Information. (c) Limits on Participation of Public Officer or Employee. P p N n (d) Matter Defined. A a A a (e) Confidential Government Information Defined. which that which that which that Comment one 1 one 1 Paragraphs Subdivisions Paragraph Subdivision they the agency or person s Paragraph Subdivision Paragraphs Subdivisions Paragraph Subdivision RULE 4-1.12 FORMER JUDGE OR ARBITRATOR (a) Representation of Private Client by Former Judge, Arbitrator, or Law Clerk. paragraph subdivision (b) Negotiation of Employment by Judge, Arbitrator, or Law Clerk. (c) Imputed Disqualification of Law Firm. paragraph subdivision T t W w (d) Exemption for Arbitrator as Partisan. Comment he [the lawyer] has RULE 4-1.13 ORGANIZATION AS CLIENT (a) Representation of Organization. (b) Violations by Officers or Employees of Organization. which that A a A a R r (c) Resignation as Counsel For Organization. paragraph subdivision (d) Identification of Client. (e) Representing Directors, Officers, Employees, Members, Shareholders, or Other Constituents of Organization. Comment The entity as the client one Relation to other rules paragraph subdivision Government agency Clarifying the lawyer's role one 1 Dual representation Paragraph Subdivision Derivative actions Representing related organizations paragraph subdivision RULE 4-1.14 CLIENT UNDER A DISABILITY (a) Maintenance of Normal Relationship. (b) Appointment of Guardian. Comment five ( ) six ( ) ten ( ) twelve ( ) Disclosure of client's condition RULE 4-1.15 SAFEKEEPING PROPERTY (a) Clients' and Third Party Funds to be Held in Trust. his or hers the lawyer his or her the lawyer's six ( ) (b) Notice of Receipt of Trust Funds; Delivery; Accounting. (c) Disputed Ownership of Funds. (d) Compliance With Trust Accounting Rules. Comment which that one 1 Paragraph Subdivision RULE 4-1.16 DECLINING OR TERMINATING REPRESENTATION (a) When Lawyer Must Decline or Terminate Representation. paragraph subdivision T t r R p P c C T t T t (b) When Withdrawal is Allowed. paragraph subdivision T t T t A a T t T t O o (c) Compliance With Order of Tribunal. (d) Protection of Client's Interest. , Comment , Mandatory withdrawal Discharge be self- ed himself Optional withdrawal Assisting the client upon withdrawal or not Refunding advance payment of unearned fee which that RULE 4-1.17 SALE OF LAW PRACTICE A lawyer or a law firm may sell or purchase a law practice provided that: (a) Sale of Practice as an Entirety. The practice is sold as an entirety to a single purchaser, which is another lawyer or law firm authorized to practice law in Florida. (b) Notice to Clients. Written notice is served by certified mail, return receipt requested, upon each of the seller's clients of: (1) the proposed sale; (2) the client's right to retain other counsel; and (3) the fact that the client's consent to the substitution of counsel will be presumed if the client does not object within 30 days after being served with notice. (c) Court Approval Required. If a representation involves pending litigation, there shall be no substitution of counsel or termination of representation unless authorized by the court. The seller may disclose, in camera, to the court information relating to the representation only to the extent necessary to obtain an order authorizing the substitution of counsel or termination of representation. (d) Client Objections. If a client objects to the proposed substitution of counsel, the seller shall comply with the requirements of rule 4-1.16(d). (e) Consummation of Sale. A sale of a law practice shall not be consummated until: (1) with respect to clients of the seller who were served with written notice of the proposed sale, the 30-day period referred to in subdivision (b)(3) has expired or all such clients have consented to the substitution of counsel or termination of representation; and (2) court orders have been entered authorizing substitution of counsel for all clients who could not be served with written notice of the proposed sale and whose representations involve pending litigation; provided, in the event the court fails to grant a substitution of counsel in a matter involving pending litigation, that matter shall not be included in the sale and the sale otherwise shall be unaffected. Further, the matters not involving pending litigation of any client who cannot be served with written notice of the proposed sale shall not be included in the sale and the sale otherwise shall be unaffected. (f) Existing Fee Contracts Controlling. The purchaser shall honor the fee agreements that were entered into between the seller and the seller's clients. The fees charged clients shall not be increased by reason of the sale. Comment The practice of law is a profession, not merely a business. Clients are not commodities that can be purchased and sold at will. In accordance with the requirements of this rule, when a lawyer or an entire firm sells the practice and another lawyer or firm takes over the representation, the selling lawyer or firm may obtain compensation for the reasonable value of the practice as may withdrawing partners of law firms. See rules 4-5.4 and 4-5.6. Single purchaser The requirement that all of the private practice be sold is satisfied if the seller in good faith makes the entire practice available for sale to the purchaser. The fact that a number of the seller's clients decide not to be represented by the purchaser but take their matters elsewhere, therefore, does not result in a violation. Similarly, a violation does not occur merely because a court declines to approve the substitution of counsel in the cases of a number of clients who could not be served with written notice of the proposed sale. The rule requires that the practice be sold as an entirety to a single purchaser. The prohibition against piecemeal sale of a practice protects those clients whose matters are less lucrative and who might find it difficult to secure other counsel if a sale could be limited to substantial fee-generating matters. The purchaser is required to undertake all client matters in the practice, subject to client consent or court authorization. If, however, the purchaser is unable to undertake all client matters because of a conflict of interest in a specific matter respecting which the purchaser is not permitted by rule 4-1.7 or another rule to represent the client, the requirement that there be a single purchaser is nevertheless satisfied. Client confidences, consent, and notice Negotiations between seller and prospective purchaser prior to disclosure of information relating to a specific representation of an identifiable client do not violate the confidentiality provisions of rule 4-1.6 any more than do preliminary discussions concerning the possible association of another lawyer or mergers between firms, with respect to which client consent ordinarily is not required. Providing the prospective purchaser access to client-specific information relating to the representation and to the file, however, requires client consent or court authorization. See rule 4-1.6. Rule 4-1.17 provides that the seller must attempt to serve each client with written notice of the contemplated sale, including the identity of the purchaser and the fact that the decision to consent to the substitution of counsel or to make other arrangements must be made within 30 days. If nothing is heard within that time from a client who was served with written notice of the proposed sale, that client's consent to the substitution of counsel is presumed. However, with regard to clients whose matters involve pending litigation but who could not be served with written notice of the proposed sale, authorization of the court is required before the files and client-specific information relating to the representation of those clients may be disclosed by the seller to the purchaser and before counsel may be substituted. A lawyer or law firm selling a practice cannot be required to remain in practice just because some clients cannot be served with written notice of the proposed sale. Because these clients cannot themselves consent to the substitution of counsel or direct any other disposition of their representations and files, with regard to clients whose matters involve pending litigation the rule requires an order from the court authorizing the substitution (or withdrawal) of counsel. The court can be expected to determine whether reasonable efforts to locate the client have been exhausted, and whether the absent client's legitimate interests will be served by authorizing the substitution of counsel so that the purchaser may continue the representation. Preservation of client confidences requires that the petition for a court order be considered in camera. If, however, the court fails to grant substitution of counsel in a matter involving pending litigation, that matter shall not be included in the sale and the sale may be consummated without inclusion of that matter. The rule provides that matters not involving pending litigation of clients who could not be served with written notice may not be included in the sale. This is because the clients' consent to disclosure of confidential information and to substitution of counsel cannot be obtained and because the alternative of court authorization ordinarily is not available in matters not involving pending litigation. Although such matters shall not be included in the sale, the sale may be consummated without inclusion of those matters. If a client objects to the proposed substitution of counsel, the rule treats the seller as attempting to withdraw from representation of that client and, therefore, provides that the seller must comply with the provisions of rule 4-1.16 concerning withdrawal from representation. Additionally, the seller must comply with applicable requirements of law or rules of procedure. All the elements of client autonomy, including the client's absolute right to discharge a lawyer and transfer the representation to another, survive the sale of the practice. Fee arrangements between client and purchaser The sale may not be financed by increases in fees charged the clients of the practice. Existing agreements between the seller and the client as to fees and the scope of the work must be honored by the purchaser. This obligation of the purchaser is a factor that can be taken into account by seller and purchaser when negotiating the sale price of the practice. Other applicable ethical standards Lawyers participating in the sale of a law practice are subject to the ethical standards applicable to involving another lawyer in the representation of a client for all matters pending at the time of the sale. These include, for example, the seller's ethical obligation to exercise competence in identifying a purchaser qualified to assume the practice and the purchaser's obligation to undertake the representation competently (see rule 4-1.1); the obligation to avoid disqualifying conflicts, and to secure client consent after consultation for those conflicts that can be agreed to (see rule 4-1.7); and the obligation to protect information relating to the representation (see rules 4-1.6, 4-1.8(b), and 4-1.9(b)). If the terms of the sale involve the division between purchaser and seller of fees from matters that arise subsequent to the sale, the fee-division provisions of rule 4-1.5 must be satisfied with respect to such fees. These provisions will not apply to the division of fees from matters pending at the time of sale. If approval of the substitution of the purchasing attorney for the selling attorney is required by the rules of any tribunal in which a matter is pending, such approval must be obtained before the matter can be included in the sale (see rule 4-1.16). Applicability of this rule This rule applies, among other situations, to the sale of a law practice by representatives of a lawyer who is deceased, disabled, or has disappeared. It is possible that a nonlawyer, who is not subject to the Rules of Professional Conduct, might be involved in the sale. When the practice of a lawyer who is deceased, is disabled, or has disappeared is being sold, the notice required by subdivision (b) of this rule must be given by someone who is legally authorized to act on the selling lawyer's behalf, such as a personal representative or a guardian. This is because the sale of a practice and transfer of representation involve legal rights of the affected clients. Bona fide admission to, withdrawal from, or retirement from a law partnership or professional association, retirement plans and similar arrangements, and a sale of tangible assets of a law practice, do not constitute a sale or purchase governed by this rule. RULE 4-2.1 ADVISER Comment Scope of advice Offering advice RULE 4-2.2 INTERMEDIARY (a) When Lawyer May Act as Intermediary. the lawyer: The lawyer , , The lawyer The lawyer (b) Lawyer as Intermediary; Consultation With Clients. (c) Withdrawal as Intermediary; Effect. paragraph subdivision is are Comment two ( ) two ( ) two ( ) , Confidentiality and privilege one 1 Consultation Paragraph Subdivision Withdrawal RULE 4-2.3 EVALUATION FOR USE BY THIRD PERSONS (a) When Lawyer May Undertake Evaluation. T t T t (b) Limitation on Scope of Evaluation. (c) Maintaining Client Confidences. Comment Definition Duty to third person Access to and disclosure of information which that Financial auditors' requests for information RULE 4-3.1 MERITORIOUS CLAIMS AND CONTENTIONS , Comment , RULE 4-3.2 EXPEDITING LITIGATION Comment RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL (a) False Evidence; Duty to Disclose. M m F f F f P p which he that the lawyer (b) Extent of Lawyer's Duties. paragraph subdivision (c) Evidence Believed to be False. (d) Ex Parte Proceedings. which that Comment Representations by a lawyer Misleading legal argument paragraph subdivision which that False evidence which that , Perjury by a criminal defendant Remedial measures Constitutional requirements Refusing to offer proof believed to be false his the his the his the convince persuade , convince persuade his the his the lawyer's , which that Florida Statute § section 837.02Florida Statutes (1991), , Florida Statute § section 777.011Florida Statutes (1991), 158 Fla. 811 30 So.2d 284 an 118 So.2d 17 he [the attorney] also, Florida Fla. 394 So.2d 405 Florida Fla. 391 So.2d 684475 U.S. 157, 106 S.Ct. 988 his a 's) Ex parte proceedings one 1 restraining order injunction RULE 4-3.4 FAIRNESS OF OPPOSING PARTY AND COUNSEL (a) U u ; . ; A lawyer shall not nor (b) F f (c) K k (d) I i (e) I i (f) R r T t ; , I i Comment , Paragraph Subdivision paragraph subdivision Paragraph Subdivision RULE 4-3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL (a) Influencing Decision Maker. (b) Communication with Judge or Official. I i I i O o A a (c) Disruption of Tribunal. (d) Communication With Jurors. B b he or she the lawyer he or she the lawyer . ; D d he or she the lawyer . ; D d he or she the lawyer . ; A a he or she the lawyer . ; P p he or she the lawyer . ; and P p members of the men Comment , RULE 4-3.6 TRIAL PUBLICITY (a) Prejudicial Extrajudicial Statements Prohibited. (b) Matter Constituting Prejudicial Extrajudicial Statements. paragraph subdivision T t I i T t , , A a I i , , T t (c) Permitted Extrajudicial Statements. paragraphs subdivisions T t T t T t T t A a A a I i a. (A) T t b. (B) I i c. (C) T t d. (D) T t Comment , and , RULE 4-3.7 LAWYER AS WITNESS (a) When Lawyer May Testify. his or her the T t T t T t D d (b) Other Members of Law Firm as Witnesses. Comment Paragraph Subdivision Paragraphs Subdivisions two ( ) paragraph subdivision , or not RULE 4-3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR (a) R r (b) N n (c) M m Comment , , Paragraph subdivision paragraph subdivision RULE 4-3.9 ADVOCATE IN NONADJUDICATIVE PROCEEDINGS Comment RULE 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS (a) M m (b) F f Comment Misrepresentation Statements of fact Fraud by client Paragraph subdivision paragraph subdivision RULE 4-4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL Comment one 1 his or her the agent's or employee's RULE 4-4.3 DEALING WITH UNREPRESENTED PERSONS Comment RULE 4-4.4 RESPECT FOR RIGHTS OF THIRD PERSONS , Comment RULE 4-5.1 RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER (a) Partners' Duties Concerning Adherence to Rules of Professional Conduct. (b) Supervisory Lawyer's Duties. (c) Responsibility For Rules Violations. T t T t Comment Paragraphs Subdivisions ; , ; , paragraphs subdivisions Paragraph Subdivision Paragraph Subdivision paragraph subdivision paragraph subdivision RULE 4-5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER (a) Rules of Professional Conduct Apply. (b) Reliance on Supervisor's Opinion. Comment one 1 two ( ) RULE 4-5.3 RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS (a) A a (b) A a (c) A a T t T t Comment RULE 4-5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER (a) Sharing Fees With Nonlawyers. A a one 1 A a which that and (3) a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, in accordance with the provisions of rule 4-1.17, pay to the estate or other legally authorized representative of that lawyer the agreed upon purchase price; and 3 4 A a (b) Partnership With Nonlawyer. (c) Exercise of Independent Professional Judgment. (d) Nonlawyer Ownership of Professional Service Corporation or Association. A a A a Comment paragraph subdivision RULE 4-5.5 UNLICENSED PRACTICE OF LAW (a) P p (b) A a Comment Paragraph Subdivision RULE 4-5.6 RESTRICTIONS ON RIGHT TO PRACTICE (a) A a (b) A a Comment Paragraph Subdivision Paragraph Subdivision This rule does not apply to prohibit restrictions that may be included in the terms of the sale of a law practice in accordance with the provisions of rule 4-1.17. RULE 4-6.1 PRO BONO PUBLIC SERVICE (a) P p (b) S s (c) F f Comment one 1 RULE 4-6.2 ACCEPTING APPOINTMENTS when (a) R r (b) R r (c) T t Comment Appointed counsel RULE 4-6.3 MEMBERSHIP IN LEGAL SERVICES ORGANIZATION (a) I i (b) W w Comment RULE 4-6.4 LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS Comment RULE 4-7.1 COMMUNICATIONS CONCERNING A LAWYER'S SERVICES , (a) C c (b) I i (c) C c (d) C c Comment , which that he or she the lawyer two 2 paragraph subdivision paragraph subdivision he or she the lawyer his or her the lawyer's paragraph subdivision layman person 4-7.2 ADVERTISING (a) Permissible Forms of Advertising. (b) Single Voice Requirement; Employee of Lawyer or Law Firm. (c) Name of Lawyer or Lawyer Referral Service. one 1 (d) Disclosure Statement. paragraph subdivision, paragraph subdivision (e) Dramatizations Prohibited. (f) Use of Illustrations. which that (g) Fields of Practice. one 1 (h) Disclosure of Liability For Expenses Other Than Fees. which that (i) Period for Which Advertised Fee Must be Honored. one 1 (j) Self-laudatory Statements. which that , (k) Firm Name. ( l ) Location of Practice. (m) Payment by Nonadvertising Lawyer. (n) Permissible Content of Advertisements. S s . ; D d . ; T t . and educational degrees received, including dates and institutions; F f . ; F f is certified or designated practices, . ; P p . ; A a . ; F f paragraphs subdivisions . ; and A a , ( o ) Advertising in Law Directory. (p) Maintaining Copies of Advertisements. S s C c A a three 3 (q) Payment for Recommendations; Lawyer Referral Service Fees. , and and may purchase a law practice in accordance with rule 4-1.17. Comment which that laymen persons Paragraphs Subdivisions paragraph subdivision Paragraph Subdivision Paragraph Subdivision or , , paragraph subdivision , Paying others to recommend a lawyer and for the purchase of a law practice in accordance with the provisions of rule 4-1.17, Paragraph Subdivision RULE 4-7.3 LEGAL SERVICE INFORMATION (a) Information Regarding Qualifications. his, her, or its the lawyer's or law firm's A a , the . ; I i the shall ting (b) Information to be Included in Written Communications. paragraph subdivision (c) Request for Information by Potential Client. paragraph subdivision which that (d) Retention of Copies of Information. three 3 (e) Disclosure Statement. paragraph subdivision (f) Misleading or Deceptive Statements. B b B b F f B b B b (g) Proof of Statements or Claims. paragraph subdivision (h) Disclosure of Intent to Refer Matter to Another Lawyer or Law Firm. paragraph subdivision Comment RULE 4-7.4 DIRECT CONTACT WITH PROSPECTIVE CLIENTS (a) Solicitation. paragraph subdivision (b) Written Communication. the lawyer's of himself, his or on behalf of the lawyer's , his or him or his the lawyer or the lawyer's a. (A) T t thirty 30 (b). (B) T t c. (C) I i d. (D) T t e. (E) T t f. (F) T t a. (A) b. (B) S s C c A a three 3 two 2 c. (C) d. (D) 's e. (E) 's f. (F) one 1 g. (G) h. (H) i. (I) j. (J) k. (K) Comment lay thirty 30 which that , thirty 30 over which that 's he or she there is a s he or she the recipient his or her the recipient's he the lawyer which that his or her the lawyer's law which that RULE 4-7.5 EVALUATION OF ADVERTISEMENTS (a) Advisory Opinion. paragraph subdivision S s C c A a fifteen 15 paragraph subdivision (b) Filing Copy of Advertisement. paragraph subdivision S s C c A a paragraph subdivision (c) Exemptions from Filing Requirement. The following are E e paragraph subdivision are , , which that (d) Contents of Filing. paragraph subdivision paragraph subdivision A a A a A a A a of twenty five dollars to be set by the board of governors but not exceeding $50, made only for the purposes to offset the cost submitted for related purpose cost (e) Evaluation of Advertisements. fifteen 15 fifteen 15 fifteen 15 fifteen 15 (f) Substantiating Information. (g) Notice of Noncompliance; Effect of Continued Use of Advertisement. (h) Committee Determination Not Binding; Evidence. (i) Change of Circumstances; Refiling Requirement. an additional of twenty dollars to be set by the board of governors but not exceeding $50 Comment RULE 4-7.6 COMMUNICATION OF FIELDS OF PRACTICE (a) Patent Practice. ; . (b) Certified Lawyers. C c P p which that his or her the lawyer's . ; and (c) Designated Lawyers. D d P p his or her the lawyer's Comment for example, such as be d himself or herself RULE 4-7.7 FIRM NAMES AND LETTERHEADS (a) False, Misleading, or Deceptive. (b) Trade Names. (c) Advertising under Trade Name. paragraph subdivision (d) Law Firm with Offices in More Than 1 Jurisdiction. one 1 (e) Name of Public Officer in Firm Name. (f) Partnerships. Comment , Paragraph Subdivision Paragraph Subdivision Paragraph Subdivision paragraph subdivision RULE 4-7.8 LAWYER REFERRAL SERVICES (a) When Lawyers May Accept Referrals. E e R r R r (4) Requires the lawyer to waive confidentiality for the purpose of enabling The Florida Bar to inform the service of the lawyer's grievance history and the status of each complaint against the lawyer in which there has been a finding of probable cause; 5 4 C c 6 5 F f , on a quarterly basis, and Florida bar membership numbers 7 6 N n operated by or has been expressly approved by The Florida Bar subject to chapter 8 of these rules. (b) Definition of Lawyer Referral Service. : (1) ; or (2) any group or pooled advertising program operated by any person, group of persons, association, organization, or entity wherein the legal services advertisements utilize a common telephone number and potential clients are then referred only to lawyers or law firms participating in the group or pooled advertising program; 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. Comment A person One him one A lawyer whose conduct is or has been the subject of disciplinary action by The Florida Bar should not be able to conceal that fact from prospective clients through the initial anonymity provided by a lawyer referral service. Therefore, a lawyer should participate in a lawyer referral service only if that service requires him to waive confidentiality for the purpose of permitting the service to obtain from The Florida Bar information about the lawyer's disciplinary record so that the service can take appropriate action. RULE 4-8.1 BAR ADMISSION AND DISCIPLINARY MATTERS (a) K k (b) F f Comment the 's RULE 4-8.2 JUDICIAL AND LEGAL OFFICIALS (a) Impugning Qualifications and Integrity of Judges or Other Officers. , of a (b) Candidates for Judicial Office; Code of Judicial Conduct Applies. Comment , , RULE 4-8.3 REPORTING PROFESSIONAL MISCONDUCT (a) Reporting Misconduct of Other Lawyers. (b) Reporting Misconduct of Judges. (c) Confidences Preserved. Comment , RULE 4-8.4 MISCONDUCT (a) V v (b) C c , (c) E e (d) E e (e) S s (f) K k Comment , RULE 4-8.5 JURISDICTION Comment two ( ) one 1 two ( ) which that RULE 4-8.6 PROFESSIONAL SERVICE CORPORATIONS (a) Professional Service Corporations Authorized. the , (b) Practice of Law Limited to Members of The Florida Bar. S s , (c) Qualifications of Directors and Officers. , - (d) Violation of Statute or Rule. , (e) Disqualification of Shareholder; Severance of Financial Interests. ninety-one ( ) (f) Cessation of Legal Services. , (g) Removal of Shareholder upon Disqualification. Comment C c C c 133 So.2d 554 Limitation on rendering legal services Employment by and financial interests in a professional service corporation , which that , same them. Profit sharing or pension plans CHAPTER 5. RULES REGULATING TRUST ACCOUNTS RULE 5-5.1 TRUST ACCOUNTS (a) Nature of Money or Property Entrusted to Attorney. 's ( a b ) Trust Accounts Required. ( b c ) Trust Accounts as Official Records. , C c ( c d ) Trust Accounting. ( d e ) Interest on Trust Accounts (IOTA) Program. Definitions. d e a. (A) N n which that d e . ; b. (B) ; c. (C) d e Required Participation. which that S s which that Eligible Financial Institutions. , , Interest Rates. Remittance Instructions. a. (A) Frequency of Remittances. T t . ; b. (B) Statement to the Foundation. T t 's c. (C) Report to Law Firm. T t , Notice to Foundation. S s , which that Determination of Nominal or Short-Term Funds. a. (A) T t b. (B) T t c. (C) T t d. (D) T t and e. (E) M m Small IOTA Accounts. which that Confidentiality. d e ( e f ) Unidentifiable Trust Fund Accumulations and Trust Funds Held for Missing Owners. such the owner which that which that ( f g ) Disbursement A a gainst Uncollected Funds. W w . ; W w . ; W w S s . ; W w S s lawyer's . ; W w government, . ; W w , , RULE 5-1.2 TRUST ACCOUNTING RECORDS AND PROCEDURES (a) Applicability. S s an which that (b) Minimum Trust Accounting Records. following are the which that are S s a. (A) T t b. (B) T t a. (A) T t b. (B) T t c. (C) T t d. (D) T t a. (A) T t b. (B) T t c. (C) T t d. (D) T t (c) Minimum Trust Accounting Procedures. which that as follows: a. (A) R r b. (B) A a the lawyer shall prepare he or she the lawyer (d) Audits. Any of T t F f return of A a is returned filing of A a is filed filing of F f are filed adjudication of insanity or incompetence An attorney is adjudged insane or mentally incompetent is hospitalized hospitalization of the attorney t T filing of A a is filed W w U u (e) Cost of Audit. paragraph subdivision (f) Failure to Comply With Subpoena. which that , temporary emergency CHAPTER 6. LEGAL SPECIALIZATION AND EDUCATION PROGRAMS RULE 6-1.1 COMPOSITION OF BOARD thirteen ( ) (12) three ( ) twelve ( ) four ( ) four ( ) four ( ) twelve ( ) C c L l E e C c RULE 6-1.2 PUBLIC NOTICE NOTICE FOR THE GENERAL INFORMATION OF THE PUBLIC 222-5286 561-5600, 650 Apalachee Parkway, RULE 6-1.3 LIABILITY RULE 6-1.4 AMENDMENT r R r R except 6-2.3(b) 1-12.1. RULE 6-2.1 ADMINISTRATION (a) Responsibility of Board; Appeals. 1 0 (b) Responsibilities Delegated to Staff. which that (c) Direction of Staff and Recommendations by Board. the following A a A a N n E e P p A a P p A a A a G g (d) Records of Applications. (e) Notice of Expiration of Designation Authority. four ( ) RULE 6-2.2 AREAS OF PERMITTED DESIGNATION (a) Requirements for Approval of Designation Areas. h I i I i (b) List of Approved Areas of Practice. which that in accordance with procedures for amending chapter 2 as provided in rule 1-12.1. (c) Request by Member. which that he or she the member his or her the RULE 6-2.3 ELIGIBILITY FOR PERMISSION TO DESIGNATE AREAS OF PRACTICE (a) General Criteria for Eligibility. paragraphs subdivisions he or she the member he or she the member three ( ) three ( ) he or she the member thirty ( ) (b) Waiver of Prior Practice Requirement Based on Equivalent Education or Experience. three ( ) he or she the member three ( ) he or she the member rule 6-2.3 subdivision rule 6-2.3 subdivision him or her the member (c) Waiver Based on Extenuating Circumstances. three ( ) three ( ) his or her the member's rule 6-2.3 subdivision rules 12.3 subdivision him or her the member (d) Designating General Practice. , three ( ) rule 6-2.3 subdivision (e) Limit on Number of Areas of Designation. three ( ) RULE 6-2.4 APPLICATION FOR DESIGNATION OF AREAS OF PRACTICE (a) Contents of Application. one 1 L l S s R r three ( ) R r C c his or her the member's his or her he or she the member t T court Florida Bar (b) Application Fee. .00 RULE 6-2.5 ACTION ON APPLICATIONS TO DESIGNATE AREAS OF PRACTICE one 1 RULE 6-2.6 MANNER OF DESIGNATION (a) Permissible Description of Designation. (b) No Designation for Law Firms. RULE 6-2.7 EFFECT OF DESIGNATION RULE he or she the member RULE 6-2.8 DURATION AND RENEWAL (a) Duration of Designation. one 1 three ( ) paragraph subdivision (b) Eligibility for Renewal. his or her the three 3 he or she the member he or she thirty ( ) (c) Application for Renewal. his or her the thirty ( ) .00 thirty 30 (d) Action by Board. RULE 6-2.9 CONTINUING LEGAL EDUCATION (a) Qualification of and Credit for Educational Alternatives. which that (b) Request for Qualification or Credit. (c) List of Approved Educational Alternatives. RULE 6-2.10 RIGHT OF REVIEW r f C c thirty ( ) ' SCHEDULE A LIST OF APPROVED AREAS OF DESIGNATION SCHEDULE B MATTERS DELEGATED TO STAFF BY BOARD The board of legal specialization and education has delegated to staff authority to: A a ion under rule 6-2.5 filed under rule 6-2.5 to designate areas of practice filed by individual members provided the applications do not involve requests for waivers under rule 6-2.3(b) or (c). ; A a ion under rule 6-2.8(c) filed by individual members under rule 6-2.8(c) filed by individual members. ; I i ance of . ; T t sh cation of . ; M m ain enance of the . ; and M m ain enance and publication of the RULE 6-3.1 ADMINISTRATION R r , R r , P p A a E e C c L l E e C c , C c C c S s C c S s R r D d , D d RULE 6-3.2 CERTIFICATION COMMITTEES seven 7 ten ( ) granted certificates certified in the applicable area of practice such to that area's certification committee. three ( ) two ( ) two ( ) three ( ) RULE 6-3.3 JURISDICTION OF CERTIFICATION COMMITTEES P p E e R r C c E e and W w O o . ; R r . ; R r . ; and R r that RULE 6-3.4 LIMITATIONS ON THE POWERS OF THE BOARD OF GOVERNORS, THE BOARD OF LEGAL SPECIALIZATION AND EDUCATION, AND THE CERTIFICATION COMMITTEES The following limitations are established: (a) Limit on Right to Practice. which that (b) Certification Not Required to Practice. he or she can e ing (c) Certification of Individuals Only. (d) Voluntary Nature of Plan. (e) Limit on Number of Certified Areas. (f) Rules Regulating The Florida Bar. RULE 6-3.5 STANDARDS FOR CERTIFICATION (a) Standards for Certification. (b) Eligibility for Application. , (c) Minimum Requirements for Qualifying for Certification with Examination. as follows five ( ) three ( ) five ( ) , ten ( ) eight ( ) paragraph subdivision five ( ) paragraph subdivision , (d) Minimum Requirements for Qualification without Examination. as follows twenty ( ) five ( ) ten ( ) one 1 , fifteen ( ) paragraph subdivision two ( ) RULE 6-3.6 RECERTIFICATION (a) Duration of Certification. (b) Minimum Standards for Proficiency. , , , (c) Failure to Meet Standards for Recertification; Lapse of Certificate. RULE 6-3.7 REVOCATION OF CERTIFICATION (a) Grounds for Revocation. T t . ; T t . ; T t . ; or T t (b) Revocation Due to Disciplinary Action. of Discipline or the Rules of Professional Conduct of Regulating RULE 6-3.8 MANNER OF CERTIFICATION (a) Listing Area of Certification. his the member's and (b) Members of Law Firms. RULE 6-3.9 RIGHT OF APPEAL , or RULE 6-3.10 FEES The fees for the operation of this plan are: (a) Filing Fee ($200) fee (b) Examination/Certification Fee ($150) . his or her a (c) Annual Fee ($75) . (d) Course Approval Fee ($125) . want their seek approved approval of credit toward continuing legal education hours required (e) Individual Credit Approval ($5) . refuses to cooperate with has not sought course RULE 6-3.11 CONFIDENTIALITY RULE 6-4.1 GENERALLY RULE 6-4.2 DEFINITIONS (a) Civil Trial Law. (b) Practice of Law. which that which that RULE 6-4.3 MINIMUM STANDARDS (a) Substantial Involvement. the following five ( ) thirty ( ) three ( ) three ( ) fifteen ( ) his or her the lawyer's fifteen ( ) , , five ( ) fifteen ( ) three ( ) three ( ) three ( ) one 1 one 1 fifteen ( ) , three ( ) , , two ( ) three ( ) ' (b) Peer Review. six ( ) one 1 S s two ( ) (c) Education. three ( ) he or she the applicant fifty ( ) T t C c P p A a A a S s (d) Examination. , to RULE 6-4.4 RECERTIFICATION (a) Standards. a 1 thirty ( ) b 2 three ( ) three ( ) one 1 two ( ) three ( ) c 3 The applicant shall submit Submission of three ( ) one ( ) two ( ) his or her the applicant's d 4 The applicant must demonstrate he or she has completed Demonstration of completion of fifty ( ) filing of the date of application for ( e b ) Waiver of Compliance. RULE 6-5.1 GENERALLY RULE 6-5.2 DEFINITIONS (a) Tax Law. , (b) Practice of Law. at in the a s RULE 6-5.3 MINIMUM STANDARDS (a) Minimum Period of Practice. five ( ) 5.2(b) 3.5(c)(1), one 1 five 5 five 5 section subdivision. Provided, h H one 1 twelve 12 section subdivision his or her (b) Substantial Involvement. three ( ) three ( ) thirty ( ) his or her the applicant's he or she the applicant his or her the applicant's section subdivision 5.2(b) 3.5(c)(1), (c) Peer Review. five ( ) his or her the applicant's (d) Education. three 3 his or her he or she the applicant ninety ( ) only only which that one 1 A a L l A a T t C c fifty ( ) S s , paragraphs subdivisions (e) Examination. to justify the representation of special competence to the legal profession and the public. RULE 6-5.4 RECERTIFICATION (a) Substantial Involvement in Tax Law. his or her the applicant's ; . (b) Demonstration of Completion of CLE. he or she the applicant one hundred fifty ( ) filing of the date of application for one hundred fifty ( ) sixty ( ) ; . (c) Reference Requirement. ; and . (d) Examination Requirement. RULE 6-6.1 GENERALLY RULE 6-6.2 DEFINITIONS (a) Marital and Family Law. (b) Practice of Law. which that which that RULE 6-6.3 MINIMUM STANDARDS (a) Substantial Involvement. five ( ) thirty ( ) five ( ) twenty-five ( ) five ( ) twenty-five ( ) ten ( ) twenty-five ( ) one 1 twenty-five ( ) three ( ) , , and (b) Peer Review. six ( ) two ( ) S s two ( ) (c) Education. , three ( ) , he or she the applicant fifty ( ) T t C c P p A a B b A a and S s (d) Examination. the to RULE 6-6.4 CIRCUIT JUDGES five ( ) he or she the applicant (a) Percentage of Time in Marital and Family Law Cases. thirty ( ) his or her the applicant's five ( ) (b) Trial Requirement. twenty-five ( ) five ( ) ten ( ) one 1 he or she the applicant (c) Substantial Involvement. (d) Reference Requirement. (e) Continuing Legal Education Requirement. (f) Examination Requirement. RULE 6-6.5 RECERTIFICATION (a) Substantial Involvement in Marital and Family Law. (b) Trial Requirement. fifteen ( ) five ( ) one 1 he or she the applicant fifteen ( ) (c) Continuing Legal Education Requirement. seventy-five ( ) date of application for seventy-five ( ) fifty ( ) (d) Reference Requirement. RULE 6-7.1 GENERALLY RULE 6-7.2 DEFINITIONS (a) Estate Planning and Probate. (b) Practice of Law. s which that which that RULE 6-7.3 MINIMUM STANDARDS (a) Minimum Period of Practice. 7.2(b) 3.5(c)(1) one 1 five 5 five 5 section. subdivision; P p one 1 twelve 12 section subdivision; , (b) Substantial Involvement. , - one 1 7.2(b) 3.5(c)(1) (c) Peer Review. (d) Education. , three 3 that which that one 1 A a L l A a T t C c S s paragraphs subdivisions , paragraphs subdivisions (e) Examination. which that to justify the representation of special competence to the legal profession and the public RULE 6-7.4 RECERTIFICATION (a) Eligibility. Recertification must be obtained every 5 years. To be eligible for recertification, an applicant must meet the following requirements: a 1 b 2 The applicant must demonstrate c C c 3 An applicant for recertification shall submit Submission of , whose names are ( d b ) Denial of Recertification. re paragraph (c) subdivision (a)(3), ( e c ) Examination Requirement. RULE 6-8.1 GENERALLY RULE 6-8.2 DEFINITIONS AND COMMITTEE (a) Criminal Law. (b) Practice of Law. at in (c) Criminal Law Certification Committee. one 1 six ( ) RULE 6-8.3 CRIMINAL TRIAL; MINIMUM STANDARDS (a) Substantial Involvement. the following five ( ) thirty ( ) three ( ) three ( ) , twenty-five ( ) twenty-five ( ) twenty ( ) fifteen ( ) twenty-five ( ) three ( ) two ( ) three ( ) (b) Peer Review. four ( ) two ( ) he or she the applicant two ( ) he or she the applicant (c) Education. three ( ) , he or she the applicant forty-five ( ) three ( ) forty-five ( ) ninety ( ) (d) Examination. , the RULE 6-8.4 CRIMINAL TRIAL RECERTIFICATION (a) Substantial Involvement. thirty ( ) (b) Criminal Trial Requirement. applicant shall have completed the five ( ) five ( ) four ( ) three ( ) five ( ) (c) Continuing Legal Education Requirement. make a satisfactory showing that he or she has accumulated show accumulation of fifty ( ) during the period the filing of the last application for original An A a a s fifty ( ) one hundred ( ) (d) References Required from Lawyers. four ( ) (e) References Required from Judges. two ( ) he or she the applicant two ( ) he or she the applicant (f) Additional References. RULE 6-8.5 CRIMINAL APPELLATE; MINIMUM STANDARDS (a) Substantial Involvement. five ( ) thirty ( ) three ( ) three ( ) five ( ) twenty-five ( ) twenty-five ( ) three ( ) , two ( ) three ( ) ' (b) Peer Review. four ( ) two ( ) he or she the applicant two ( ) (c) Education. three ( ) he or she the applicant forty-five ( ) An A a s a lawyer a s three ( ) forty-five ( ) ninety ( ) (d) Examination. , the RULE 6-8.6 CRIMINAL APPELLATE RECERTIFICATION (a) Substantial Involvement. thirty ( ) filing of the date of application for (b) Appellate Action Requirement. The An applicant shall have completed ten ( ) ten ( ) (c) Continuing Legal Education Requirement. make a satisfactory showing that he or she has accumulated show accumulation of fifty ( ) during the period the filing of the last application for original An A a s a fifty ( ) one hundred ( ) (d) References Required from Lawyers. four ( ) (e) References Required from Judges. two ( ) he or she the applicant two ( ) (f) Additional References. forms RULE 6-9.1 GENERALLY RULE 6-9.2 DEFINITIONS (a) Real Estate. , (b) Practice of Law. at in which that which that RULE 6-9.3 MINIMUM STANDARDS (a) Minimum Period of Practice. five ( ) (b) Substantial Involvement. , three ( ) forty ( ) three ( ) his or her the applicant's section subdivision, , and 6-9.2(b) (c) Peer Review. five ( ) his or her the applicant's (d) Education. three 3 he or she the applicant forty-five ( ) (e) Examination. which will be that is , to justify the representation of special competence to the legal profession and the public. RULE 6-9.4 RECERTIFICATION (a) Substantial Involvement. The applicant must make A a forty ( ) (b) Continuing Legal Education Requirement. The applicant must show C c seventy-five ( ) filing of the date of application for (c) Reference Requirement. five ( ) his or her the applicant's RULE 6-10.1 CONTINUING LEGAL EDUCATION REQUIREMENT (a) Preamble. (b) Effective Date. Continuing legal education requirements established by this rule shall become effective on January 1, 1988. ( c b ) Reporting Requirement. ( d c ) Fees. ( e d ) Rules. RULE 6-10.2 ADMINISTRATION (a) Board of Legal Specialization and Education. (b) Delegation of Authority. (c) Scope of Board of Legal Specialization and Education Activities. A a A a N n ' E e A a M m A a A a G g (d) Maintenance of Records. or noncompliance RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS (a) Applicability. (b) Minimum Hourly Continuing Legal Education Requirements. (c) Exemptions. courts, , of Florida. (d) Course Approval. which that (e) Accreditation of Hours. (f) Full-time Government Employees. (g) Skills Training Preadmission. RULE 6-10.4 REPORTING REQUIREMENTS (a) Reports Required. (b) Time For Filing. RULE 6-10.5 DELINQUENCY AND APPEAL (a) Delinquency. , of the (b) Appeal to the Board of Governors. (c) Appeal to the Supreme Court of Florida. (d) Exhaustion of Remedies. (e) Tolling Time for Compliance. RULE 6-10.6 REINSTATEMENT RULE 6-10.7 CONFIDENTIALITY , RULE 6-10.8 DISCIPLINARY ACTION RULE 6-11.1 GENERALLY RULE 6-11.2 DEFINITIONS (a) Workers' Compensation. (b) Practice of Law. which that , which that RULE 6-11.3 MINIMUM STANDARDS (a) Substantial Involvement. the following five ( ) thirty ( ) three ( ) three ( ) Deputy Commissioner judge of compensation claims thirty ( ) thirty ( ) three ( ) two 2 three 3 Deputy Commissioners judges of compensation claims (b) References. five ( ) one 1 Deputy Commissioner judge of compensation claims two ( ) Deputy Commissioners judges of compensation claims. (c) Education. , three ( ) , he or she the applicant forty-five ( ) (d) Examination. , to RULE 6-11.4 DEPUTY COMMISSIONERS JUDGES OF COMPENSATION CLAIMS Deputy Commissioner judge of compensation claims four ( ) five ( ) RULE 6-11.5 RECERTIFICATION (a) Substantial Involvement. The applicant shall demonstrate C c and thirty ( ) (b) Trial Requirement. applicant must have completed twenty-five ( ) , (c) Reference Requirement. The applicant shall submit references as Completion of the reference requirements (d) Continuing Legal Education Requirement. The applicant shall report C c seventy-five ( ) filing of the date of application for RULE RULE 6-12.1 BASIC SKILLS COURSE REQUIREMENT (a) Preamble. complete comply with requirement R (b) Basic Skills Course Requirement. The BSCR shall be completed either 8 months prior to or 12 months following admission to The Florida Bar or expiration of exempt status. Each member shall receive continuing legal education credit for completion of the BSCR which shall be applicable under rule 6-10.3(b), whether taken before or after admission to The Florida Bar. ( b c ) Applicability. October 1, 1988, except those exempt under rule 6-12.1(d) the date established by the Supreme Court of Florida comply report concerning compliance the . and, subject only to the exemptions contained therein, every such member shall comply with the requirements of BSCR. ( c d ) Exemptions. A member of The Florida Bar is exempt from the BSCR if: the member is on A a or full time government employment. ; compliance would create an U u . ; the member is a N n s . ; (4) the member has been in prior private practice (non-governmental) in a foreign jurisdiction on a full-time and continuous basis for the 5 years immediately preceding the commencement of the practice of law in Florida, subject to the rules of the entity regulating the foreign practice; has completed 30 hours of continuing legal education during the five-year period; and, provided further, that the prior practice has reasonably prepared the member for the anticipated type of practice in Florida; or (5) the member is a full-time governmental employee. (d) Effective Date. The basic skills course requirements (hereinafter referred to as BSCR) established by this rule shall become effective on October 1, 1988. (e) Reporting requirement. Each member shall report compliance with BSCR in the manner set forth in the policies adopted for administration of these rules. ( f e ) Fees. ' ' report concerning ( g f ) Policies. RULE 6-12.2 ADMINISTRATION (a) Responsibility. , (b) Delegation of Authority. (c) Maintenance of Records. or noncompliance RULE 6-12.3 BASIC SKILLS COURSE STANDARDS (a) Basic Skills Course Requirements. Each member as described in paragraph (a) shall complete the basic skills course either eight (8) months prior to or twelve (12) months following his or her admission to The Florida Bar or expiration of exempt status. That member shall receive continuing legal education credit which shall be applicable under rule 6-10.3(b) whether taken before or after admission to The Florida Bar. (b) which that (c) A basic skills or entry level training program developed and presented by a governmental entity may be eligible to receive CLER credit subject to the approval of the board of legal specialization and education. If approved, credit earned through attendance at such course, within eight (8) months prior to admission to The Florida Bar, shall be applicable under rule 6-10.3(b). RULE 6-12.4 REPORTING REQUIREMENTS EXTENSION AND COMPLIANCE (a) Reports Required. Each member shall file a report showing compliance or noncompliance with BSCR. Such report shall be in the form prescribed by the board of legal specialization and education. Extended Time for Compliance. If a member fails to complete the required basic skills course by the end of the applicable reporting period, the member may request an extension of 180 days or the member shall establish eligibility for an exemption under rule 6-12.1(d). Any request for extension shall be deemed approved unless, within 30 days after receipt, the board of legal specialization and education notifies the member that the request has not been approved. (b) Time for Filing. The report shall be filed with The Florida Bar no later than the expiration of the twelve month period following that member's admission to The Florida Bar or the end of exempt status. Compliance. Completion of the BSCR, after an approved extension, shall be reported by the member to the board of legal specialization and education no later than 15 days following the expiration of the extension. RULE 6-12.5 NONCOMPLIANCE AND SANCTIONS (a) Extended Time for Compliance. If a member fails to complete the minimum required basic skills course by the end of the applicable reporting period, the report of noncompliance shall be accompanied by a specific plan for completing the necessary hours within one hundred eighty (180) days of the reporting date or the member shall establish eligibility for an exemption under rule 6-12.3(d). Any specific plan shall be deemed approved by the board of legal specialization and education unless, within thirty (30) days after receipt of the report, the board of legal specialization and education notifies the member that the plan has not been approved. Completion of a specific plan shall be reported by the member to the board of legal specialization and education no later than fifteen (15) days following the expiration of the applicable time for the plan. Failure of the member to complete the plan within the specified time or to report within the time set forth for reporting such completion shall invoke the sanctions set forth below. ( b a ) Notice of Noncompliance. these rules this chapter the member is unable to show evidence of compliance, and fails to request an extension or exemption, or requests an extension and the extension expires, a specific plan is not submitted or if a hearing to establish an exemption or show reasonable cause for noncompliance is not requested, 's name shall be filed with the Supreme Court of Florida shall be deemed delinquent in accordance with rule 1-3.6, Rules Regulating The Florida Bar. The Florida Bar shall recommend that all members on such list be treated in the same manner as members delinquent in the payment of dues. Nothing contained in this paragraph shall be construed to extend the periods of time for completing a specific plan as set forth in paragraph (a) of this rule. ( c b ) Hearing on Notice of Noncompliance. request and section 12.06 of The party requesting the hearing may be represented by counsel. Witnesses shall be sworn, and, if requested by the affected member, a complete electronic record or transcript of the proceedings and testimony shall be made, at the expense of the affected member. established accomplished, the matter shall be dismissed and reflect such compliance so indicate (d) Procedures Upon Noncompliance After Hearing. accomplished established : (1) If reasonable cause for noncompliance has been determined , for reasonable cause, an extension of 180 days in which to comply requesting a hearing fifteen (15) days to file a specific plan for correcting the noncompliance. Such specific plan shall require compliance within one hundred eighty (180) days following the filing of the specific plan. Unless the board of legal specialization and education rejects the specific plan within thirty (30) days after its filing, the specific plan shall be deemed accepted. plan BCSR fifteen ( ) time period for such specific plan extension fails to file an acceptable specific plan or plan within the time provided or fails to file evidence of completion of the plan BCSR ; . (2) the member shall be deemed delinquent in accordance with rule 1-3.6, Rules Regulating The Florida Bar. file a record of the matter, including a copy of the findings and determination and recommendation of the board of legal specialization and education with the Supreme Court of Florida. Notice of the findings of the board of legal specialization and education shall be served on the affected member of the Bar; and (3) Upon filing of a notice of confirmation of noncompliance or of the record of a board of legal specialization and education hearing determining noncompliance, the Supreme Court of Florida shall enter an order as it deems appropriate, which may include suspension. ( e c ) Appeal to the Board of Governors. ( f d ) Appeal to the Supreme Court of Florida. C c ( g e ) Exhaustion of Remedies. ( h f ) Tolling Time for Compliance. RULE 6-12.6 REINSTATEMENT suspended from the practice of law deemed delinquent Court executive director or board of governors to the board of legal specialization and education RULE 6-12.7 CONFIDENTIALITY Unless directed otherwise by the Supreme Court of Florida the files, records, and proceedings of the board of legal specialization and education, as they relate to or arise out of any failure of a member to satisfy the requirements of BSCR, shall be deemed confidential and shall not be disclosed, except in the furtherance of the duties of the board of legal specialization and education or upon request of the member, in writing, or as they may be introduced in the evidence or otherwise produced in proceedings under these rules. Nothing herein shall be construed to prohibit The Florida Bar from disclosing that a member has been suspended from the active practice of law for failure to satisfy BSCR. The files and records maintained and any hearings conducted pursuant to this rule shall be confidential until such time as delinquency or compliance with the BSCR is established, whichever shall occur first. If a member is deemed delinquent pursuant to this rule, that fact shall be public information. RULE 6-12.8 DISCIPLINARY ACTION a member who makes a , Rules Regulating The Florida Bar CHAPTER 7. CLIENTS' SECURITY FUND RULES IN GENERAL RULE 7-1.1 GENERALLY , RULE 7-1.2 FUND ESTABLISHED RULE 7-1.3 ADMINISTRATION following procedures as set forth in rule 1-11. RULE 7-1.4 DEFINITIONS (a) Applicant. he, she or it the person or entity (b) The Bar. (c) The Board. (d) The Committee. (e) The Fund. (f) Reimbursable Loss. , acting acting acting acting RULE 7-2.1 COMMITTEE'S DUTIES (a) Duties Assigned by Board. (b) Adoption of Regulations. RULE 7-2.2 INVESTIGATIONS (a) Investigation Required. which that (b) Payment of Meritorious Claims. (c) Form for Applications. RULE 7-2.3 PAYMENTS (a) Payment is Discretionary. in the discretion of the board (b) Determination of Amount and Manner of Payment. (c) No Right to Payment. (d) Barred Losses. RULE 7.2-4 PREREQUISITES TO PAYMENT (a) Members in Good Standing. (b) Complaints Required. C c S s F f RULE 7-2.5 ASSIGNMENT IN FAVOR OF BAR (a) Assignment as Prerequisite for Payment. or decree (b) Priority of Reimbursement to Bar. which that (c) Reassignment of Claim to Applicant. , or , or decree his the applicant's his the applicant's claimant applicant his the applicant's (d) Recoveries. RULE 7-3.1 FUNDING RULE 7-3.2 DUES ALLOCATION per annum RULE 7-3.3 GIFTS RULE 7-4.1 GENERALLY C c S s F f R r CHAPTER 8. LAWYER REFERRAL RULE RULE 8-1.1 STATEMENT OF POLICY AND PURPOSES which that s RULE 8-2.1 REQUIREMENTS FOR ESTABLISHING A LAWYER REFERRAL SERVICE SPONSORED BY A LOCAL BAR ASSOCIATION , 54 86. RULE 8-2.2 CONTENTS OF APPLICATION the following (a) Statement of Benefits. (b) Proof of Nonprofit Status. 54 86 (c) Submission and Content of Bylaws. which that , , he or she the member (d) Estimated Number of Panel Members. (e) Number of Local Lawyers. (f) Statement of Need. (g) Geographic Operational Area. (h) Statement of Operation. (i) Statement of Fees. , , (j) Statement of No Discrimination. (k) Statement of No Discrimination in Local Bar Membership. RULE 8-2.3 APPROVAL OF APPLICATION RULE 8-3.1 SUPERVISION AND REPORTING REQUIREMENTS three ( ) . which The may be on forms approved by The Florida Bar. Such reports shall contain information concerning the operation of the lawyer referral service, including but not limited to the following A a A a T t T t T t T t A a A a RULE 8-4.1 REVOCATION CHAPTER 9. GROUP AND PREPAID LEGAL SERVICES RULES RULE 9-1.1 AUTHORITY rule bylaw RULE 9-1.2 DEFINITIONS (a) "Group Legal Services." Group legal services are A s s two ( ) pursuant to under legal fees for services rendered to the participant a member of The Florida Bar is are and/or , legal fees for services rendered to the participant (b) "Prepaid Legal Services." Prepaid legal services are A s or not "Participant." participant is a , or , under legal services (d) "Sponsor." A sponsor is A a , "Committee." The committee is the P p RULE 9-1.3 APPROVAL BY BOARD OF GOVERNORS or lawyers with a D d I i RULE 9-1.4 TIME one 1 RULE 9-2.1 REQUIREMENTS OF ATTORNEYS C c C c W w , (a) Requirements For Application. (b) Contents of Application. A a T t T t A a A a , A a RULE 9-2.3 APPLICATION (a) Form and Content of Application. E e , T t S s N n S s each fifteenth 15 of each year S s thirty ( ) W w P p O o (b) Description of Legal Services Plan. A a A a T t E e A a T t A a A a A a A a 650 Apalachee Parkway, 32301-8226 32399-2300 R r A a S s RULE 9-2.4 ATTORNEY AGREEMENT (a) Contents of Agreement. T t A a A a A a (b) Proof of Liability Coverage. RULE 9-3.1 GENERALLY RULE 9-4.1 GENERALLY CHAPTER 10. RULES GOVERNING THE INVESTIGATION AND PROSECUTION OF THE UNLICENSED PRACTICE OF LAW JURISDICTION PREAMBLE RULE 10-1.1 GENERALLY JURISDICTION ( a ) All references to "the Court" shall mean the Supreme Court of Florida. (b) Definition of UPL. The unlicensed practice of law, as prohibited by statute, court rule, and case law of the State of Florida. For purposes of this chapter, it shall not constitute the unlicensed practice of law for nonlawyers to engage in limited oral communications to assist a person in the completion of a legal form approved by the Supreme Court of Florida. Oral communications by nonlawyers are restricted to those communications reasonably necessary to elicit factual information to complete the form and inform the person how to file the form. The following language shall appear on any form completed pursuant to this rule: This form was completed with the assistance of: Name Address Telephone Number Before a nonlawyer assists a person in the completion of a form in the manner set forth in this rule, the nonlawyer shall provide the person with a copy of a disclosure. A copy of the disclosure, signed by both the nonlawyer and the person, shall be given to the person to retain and the nonlawyer shall keep a copy in the person's file. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability. The disclosure shall contain the following provisions: (Name) told me that he/she is not a lawyer and may not give legal advice or represent me in court. (Name) told me that he/she may only help me fill out a form approved by the Supreme Court of Florida. (Name) may only help me by asking me questions to fill in the form. (Name) may also tell me how to file the form. (Name) told me that he/she is not an attorney and cannot tell me what my rights or remedies are or how to testify in court. ______ I can read English ______ I cannot read English but this notice was read to me by (Name) in (Language). RULE 10-1.2 DUTY OF THE FLORIDA BAR (c) C c C c one 1 (d) The standing committee shall be appointed by the Court on advice of the board of governors of The Florida Bar and shall consist of at least fifteen (15) members, not less than five (5) of whom shall be nonlawyers. It shall be the duty of the standing committee to receive and evaluate circuit committee reports and make its findings and recommendations to the board of governors. The board of governors shall act upon said reports, findings and recommendations and determine whether or not litigation should be instituted in the court against any alleged offender. The board of governors may approve civil injunctive proceedings, referral to the appropriate state attorney for indirect criminal contempt prosecution, or such other action as may be appropriate. (e) All appointments to the standing committee shall be for a term of three (3) years. No member shall be appointed to more than two (2) consecutive full terms. The members of the standing committee shall not be subject to removal by the Court during their terms of office, except for cause. Cause shall include unexcused failures to attend scheduled meetings, the number of which shall be set forth by the standing committee in an attendance policy. CIRCUIT COMMITTEES DEFINITIONS RULE 10-2.1 GENERALLY Whenever used in these rules the following words or terms shall have the meaning herein set forth unless the use thereof shall clearly indicate a different meaning: (a) Each circuit committee shall be appointed by the Court on advice of the board of governors and shall consist of not fewer than three (3) members, at least one of whom shall be a nonlawyer. A majority of a circuit committee shall constitute a quorum. The terms of the members of circuit committees shall begin on the first day of July and shall end on the next succeeding thirtieth day of June or at such time as their successors are appointed and qualified. The expiration of the term of any member shall not disqualify such member from concluding any investigations pending before him or her. Any member of a circuit committee may be removed from office by the board of governors. Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the State of Florida. For purposes of this chapter, it shall not constitute the unlicensed practice of law for nonlawyers to engage in limited oral communications to assist a person in the completion of a legal form approved by the Supreme Court of Florida. Oral communications by nonlawyers are restricted to those communications reasonably necessary to elicit factual information to complete the form and inform the person how to file the form. The following language shall appear on any form completed pursuant to this rule: This form was completed with the assistance of: Name Address Telephone Number Before a nonlawyer assists a person in the completion of a form in the manner set forth in this rule, the nonlawyer shall provide the person with a copy of a disclosure. A copy of the disclosure, signed by both the nonlawyer and the person, shall be given to the person to retain and the nonlawyer shall keep a copy in the person's file. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability. The disclosure shall contain the following provisions: (Name) told me that he/she is not a lawyer and may not give legal advice or represent me in court. (Name) told me that he/she may only help me fill out a form approved by the Supreme Court of Florida. (Name) may only help me by asking me questions to fill in the form. (Name) may also tell me how to file the form. (Name) told me that he/she is not an attorney and cannot tell me what my rights or remedies are or how to testify in court. I can read English I cannot read English but this notice was read to me by (Name) in (Language). (b) For each circuit committee there shall be a chairman designated by the board of governors and a vice chairman and secretary designated by the chairman of each circuit committee. The chairman shall be a member of The Florida Bar. Nonlawyer or Nonattorney. For purposes of this chapter, a nonlawyer or nonattorney is an individual who is not a member of The Florida Bar. This includes, but is not limited to, attorneys admitted in other jurisdictions, law students, law graduates, applicants to The Florida Bar, disbarred attorneys, and suspended attorneys during the period of suspension. (c) It shall be the duty of each circuit committee to investigate, with dispatch, all reports of unlicensed practice of law and to make prompt written report of its investigation and findings to the standing committee. This Court or the Court. This court or the court shall mean the Supreme Court of Florida. (d) Bar Counsel. Bar counsel is a member of The Florida Bar representing The Florida Bar in any proceeding under these rules. Any unlicensed practice of law staff counsel of The Florida Bar may serve as bar counsel or assistant bar counsel in a particular case. (e) Respondent. A respondent is a nonlawyer who is accused of engaging in the unlicensed practice of law or whose conduct is under investigation. (f) Referee. A referee is the judge or retired judge appointed to conduct proceedings as provided under these rules. (g) Standing Committee. The standing committee is the committee constituted according to the directives contained in these rules. (h) Circuit Committee. A circuit committee is a local unlicensed practice of law circuit committee. (i) UPL Staff Counsel. UPL staff counsel is an employee of The Florida Bar employed to perform such duties, as may be assigned, under the direction of the executive director. When used in this rule, the term may include assistant UPL staff counsel. (j) UPL. UPL is the unlicensed practice of law. (k) The Board or Board of Governors. The board or board of governors is the board of governors of The Florida Bar. RULE 10-3.1 GENERALLY The standing committee shall be appointed by the court on advice of the board of governors of The Florida Bar and shall consist of at least 15 members, not less than 5 of whom shall be nonlawyers. man man All appointments to the standing committee shall be for a term of 3 years. No member shall be appointed to more than 2 consecutive full terms. The members of the standing committee shall not be subject to removal by the court during their terms of office except for cause. Cause shall include unexcused failures to attend scheduled meetings, the number of which shall be set forth by the standing committee in an attendance policy. RULE 10-3.2 DUTIES OF THE STANDING COMMITTEE It shall be the duty of the standing committee to receive and evaluate circuit committee reports and make its findings and recommendations to the board of governors. The board of governors shall act upon these reports, findings, and recommendations and determine whether litigation should be instituted in the court against any alleged offender. The board of governors may approve civil injunctive proceedings, referral to the appropriate state attorney for indirect criminal contempt prosecution, or such other action as may be appropriate. In addition, T t , the following (a) T t which that (b) T t several P p A a R r litigation further action by The Florida Bar J j A a UPL , S s s men man , man . ; (c) T t (d) T t , UPL UPL , (e) T t (f) F f , or regulatory United States Attorney, state attorney, and equivalent entities in other jurisdictions B b and equivalent entities in other jurisdictions RULE 10-3.3 APPOINTMENT OF STAFF COUNSEL AND BAR COUNSEL The board of governors shall employ 1 or more assistant staff counsel and other necessary employees, including investigators, to assist the standing committee to carry out its responsibilities as prescribed elsewhere in these rules. Upon approving a recommendation for litigation under these rules, the board of governors shall appoint bar counsel to prosecute the cause before the referee. INVESTIGATIONS CIRCUIT COMMITTEES RULE 10-4.1 POWERS, DUTIES GENERALLY (a) Upon receiving a written application of the chairman of the standing committee or of a circuit committee alleging facts indicating that a person or entity is or may be practicing law without a license and that the issuance of a subpoena is necessary for the investigation of such unlicensed practice, the clerk of the circuit court in which the committee is located or the clerk of the Supreme Court of Florida shall issue sub poenas in the name, respectively, of the chief judge of the circuit or the chief justice for the attendance of any person and production of books and records before designated counsel or the investigating circuit committee or any member thereof designated in such application at the time and place within its circuit designated by the investigating circuit committee. Such subpoenas shall be returnable to the circuit court of the residence or place of business of the person subpoenaed. A like subpoena shall issue upon application by any person or entity under investigation. Appointment. Each circuit committee shall be appointed by the court on advice of the board of governors and shall consist of not fewer than 3 members, at least one-third of whom shall be nonlawyers. A majority of the members of a circuit committee shall constitute a quorum. The terms of the members of circuit committees shall begin on July 1 and shall end on the next succeeding June 30 or at such time as their successors are appointed and qualified. The expiration of the term of any member shall not disqualify that member from concluding any investigations pending before that member. Any member of a circuit committee may be removed from office by the board of governors. (b) Failure to comply with any subpoena shall constitute a contempt of court and may be punished by the Supreme Court of Florida or by the circuit court of the circuit to which the subpoena is returnable or where the contemnor may be found. The circuit court to which the subpoena is returnable shall have power to enter such orders as may be necessary for the enforcement of the subpoena. Committee Chair. For each circuit committee there shall be a chair designated by the board of governors and a vice-chair and secretary designated by the chair of each circuit committee. The chair shall be a member of The Florida Bar. (c) Each circuit committee and member thereof conducting investigations is empowered to take and have transcribed the testimony and evidence of witnesses who may be sworn by any person authorized by law to administer oaths. Duties. It shall be the duty of each circuit committee to investigate, with dispatch, all reports of unlicensed practice of law and to make prompt written report of its investigation and findings to UPL staff counsel and the standing committee. (d) The board of governors shall employ one or more assistant staff counsel and other necessary employees including investigators to assist the standing committee to carry out its responsibilities as prescribed herein. CIVIL INJUNCTIONS COMPLAINT PROCESSING AND INITIAL INVESTIGATORY PROCEDURES RULE 10-5.1 PROCEEDINGS GENERALLY COMPLAINT PROCESSING (a) Complaints shall be by petition filed in the Supreme Court of Florida by The Florida Bar in its name. Complaints. All complaints alleging unlicensed practice of law, except those initiated by The Florida Bar, shall be in writing and signed by the complainant. The complaint shall contain a statement providing that: Under penalties of perjury, I declare that I have read the foregoing document and that to the best of my knowledge and belief the facts stated in it are true. (b) Each such petition shall be processed in the Supreme Court of Florida in accordance with the following procedure: (1) The petition shall not be framed in technical language, but shall with reasonable clarity set forth the facts constituting the unlicensed practice of law. A prayer for relief may be included in the petition, but shall not be required. (2) The Court, upon consideration of any petition so filed, may issue its order to show cause directed to the respondent commanding said respondent to show cause, if there be any, why the respondent should not be enjoined from the unlicensed practice of law alleged, and further requiring the respondent to file with the Court within twenty (20) days after service on him of the petition and order to show cause a written answer admitting or denying each of the matters set forth in the petition. The legal sufficiency of the petition may, at the option of the respondent be raised by motion to dismiss filed prior to or at the time of the filing of the answer. The filing of a motion to dismiss prior to the filing of an answer shall postpone the time for the filing of an answer until ten (10) days after disposition of said motion. The order and petition shall be served upon the respondent in the manner provided for service of process by rule 1.070(b), Florida Rules of Civil Procedure. Service of all other pleadings shall be governed by the provisions of rule 1.080, Florida Rules of Civil Procedure. (3) Any party may request oral argument upon any question of law raised by the initial pleadings. The Court may, in its discretion, set the matter for oral argument upon the next convenient motion day or at such time as it deems appropriate. (4) If no response or defense is filed within the time permitted, the allegations of the petition shall be taken as true for purposes of that action. The Court will then, upon its motion or upon motion of any party, decide the case upon its merits, granting such relief and issuing such order as might be appropriate, or it may refer the petition for further proceedings according to rule 10-5.1(b)(6). (5) If a response or defense filed by a respondent raises no issue of material fact, any party, upon motion, may request summary judgment and the Court may rule thereon as a matter of law. (6) The Court may, upon its motion or upon motion of any party, enter a judgment on the pleadings or refer questions of fact to a referee for determination. The referee shall be a circuit judge of the State of Florida. Review by UPL Staff Counsel. UPL staff counsel shall review the complaint and determine whether the alleged conduct, if proven, would constitute a violation of the prohibition against engaging in the unlicensed practice of law. UPL staff counsel may conduct a preliminary, informal investigation to aid in this determination and, if necessary, may employ a Florida bar staff investigator to aid in the preliminary investigation. If UPL staff counsel determines that the facts, if proven, would not constitute a violation, UPL staff counsel may decline to pursue the complaint. A decision by UPL staff counsel not to pursue a complaint shall not preclude further action or review under the Rules Regulating The Florida Bar. The complainant shall be notified of a decision not to pursue a complaint and shall be given the reasons therefor. (c) Proceedings before the referee shall be in accordance with the following: (1) The proceedings shall be hold in the county where the respondent resides or whore the alleged offense was committed, whichever shall be designated by the Court. (2) Upon assignment of a cause for trial, the board of governors shall appoint bar counsel to prosecute the cause before the referee. (3) Witness subpoenas shall run in the name of the Court and shall be issued by the referee upon request of a party. Failure or refusal to comply with any subpoena shall be contempt of Court and may be punished by the Court or by any circuit court where the action is pending or where the contemnor may be found, as if said refusal were a contempt of that court. (4) The Florida Rules of Civil Procedure, including those provisions pertaining to discovery, not inconsistent with these rules, shall apply in injunctive proceedings before the referee. The powers and jurisdiction generally reposed in the court under those rules may in this action be exercised by the referee. The Florida Bar may in every case amend its petition one time as of right, within sixty (60) days after the filing of the order of reference to a referee. (5) Review of interlocutory rulings of the referee may be had by petition to the Court filed within thirty (30) days after entry of the ruling complained of. A supporting brief and a transcript containing conformed copies of pertinent portions of the record in the form of an appendix shall be filed with the Court by a party seeking such review. Any opposing party may file his responsive brief and appendix containing any additional portions of the record deemed pertinent to the issues raised within ten (10) days thereafter. The petitioner may file a reply brief within five (5) days of the date of service of the opposing party's responsive brief. Any party may request oral argument at the time his brief is filed or due. Interlocutory review hereunder shall not stay the cause before the referee unless the referee or the Court on its motion or upon motion of any party shall so order. (6) At the conclusion of the hearing, the referee shall file a written report with the Court stating findings of fact, conclusions of law and recommendation for final disposition of the cause. The original record shall be filed with the report. Copies of the referee's report shall be served upon all parties by the referee at the time it is filed with the Court. Referral to Circuit Committee. If UPL staff counsel decides to pursue a complaint, a UPL file will be opened and the matter referred to the appropriate circuit committee for investigation as authorized elsewhere in these rules. (d) Review by the Supreme Court of Florida. (1) Objections to the report of the referee shall be filed with the Court by any party aggrieved, within thirty (30) days after the filing of said report. If the objector desires, a brief in support of the objections may be filed at the time the objections are filed. Any other party may file a responsive brief within twenty (20) days of service of objector's brief. The objector may file a reply brief within ten (10) days of service of the opposing party's responsive brief. Oral argument will be allowed at the Court's discretion and will be governed by the provisions of the Florida Rules of Appellate Procedure. (2) Upon the expiration of the time of file objections to the referee's report, the Court shall review the report of the referee, together with any briefs or objections filed in support of or opposition to such report. After review, the Court shall determine as a matter of law whether the respondent has engaged in the unlicensed practice of law and whether his activities should be enjoined by appropriate order and whether further relief shall be granted. Closing by UPL Staff Counsel and Committee Chair. If UPL staff counsel and a circuit committee chair concur in a finding that the case should be closed without a finding of unlicensed practice of law, the complaint may be closed on such finding without reference to the circuit committee or standing committee. (e) Nothing set forth in this rule shall be construed to limit the authority of the Court, upon proper application, to issue a preliminary or temporary injunction, or at any stage of the proceedings to enter any such order as to the Court may seem proper when public harm or the possibility thereof is made apparent to the Court, in order that such harm may be summarily prevented or speedily enjoined. Referral to UPL Staff Counsel for Opening. A complaint received by a circuit committee or standing committee member direct from a complainant shall be reported to UPL staff counsel for docketing and assignment of a case number. Should the circuit committee or standing committee member decide that the facts, if proven, would not constitute a violation of the unlicensed practice of law, the circuit committee or standing committee member shall forward this finding to UPL staff counsel along with the complaint for notification to the complainant as outlined above. Formal investigation by a circuit committee may proceed after the matter has been referred to UPL staff counsel for docketing. CONFIDENTIALITY PROCEDURES FOR INVESTIGATION RULE 10-6.1 FILE CONFIDENTIALITY ACCESS HEARINGS All unlicensed practice of law investigation matters including files, correspondence, preliminary investigation reports, interoffice memoranda, and records of investigations are confidential unless otherwise provided herein or ordered by the Court. (a) Conduct of Proceedings. The proceedings of circuit committees and the standing committee when hearings are held may be informal in nature and the committees shall be bound by the rules of evidence. (b) Taking Testimony. The standing committee, each circuit committee, and members thereof conducting investigations are empowered to take and have transcribed the testimony and evidence of witnesses. If the testimony is recorded stenographically or otherwise, the witness shall be sworn by any person authorized by law to administer oaths. (c) Rights and Responsibilities of Respondent. The respondent may be required to appear and to produce evidence as any other witness unless the respondent claims a privilege or right properly available to the respondent under applicable federal or state law. The respondent may be accompanied by counsel. (d) Rights of Complaining Witness. The complaining witness is not a party to the investigative proceeding although the complainant may be called as a witness should the matter come before a judge or a referee. The complainant may be granted the right to be present at any circuit committee hearing when the respondent is present before the committee. The complaining witness shall have no right to appeal the finding of the circuit committee. RULE 10-6.2 SUBPOENAS (a) Issuance by Court. Upon receiving a written application of the chair of the standing committee or of a circuit committee alleging facts indicating that a person or entity is or may be practicing law without a license and that the issuance of a subpoena is necessary for the investigation of such unlicensed practice, the clerk of the circuit court in which the committee is located or the clerk of the Supreme Court of Florida shall issue subpoenas in the name, respectively, of the chief judge of the circuit or the chief justice for the attendance of any person and production of books and records before designated counsel or the investigating circuit committee or any member thereof designated in such application at the time and place within its circuit designated by the investigating circuit committee. Such subpoenas shall be returnable to the circuit court of the residence or place of business of the person subpoenaed. A like subpoena shall issue upon application by any person or entity under investigation. (b) Failure to Comply. Failure to comply with any subpoena shall constitute a contempt of court and may be punished by the Supreme Court of Florida or by the circuit court of the circuit to which the subpoena is returnable or where the contemnor may be found. The circuit court to which the subpoena is returnable shall have power to enter such orders as may be necessary for the enforcement of the subpoena. RULE 10-6.3 RECOMMENDATIONS AND DISPOSITION OF COMPLAINTS Upon concluding its investigation, the circuit committee shall forward a recommendation to UPL staff counsel regarding the disposition of the complaint. A majority of those present is required for all circuit committee recommendations; however, the vote may be taken by mail or telephone rather than at a formal meeting. Unless otherwise provided by these rules, the recommendation of the circuit committee shall be reviewed by the standing committee for approval. All recommendations for litigation under these rules shall be reviewed by the board of governors for final approval prior to initiating litigation. Upon approval of the recommendations, UPL staff counsel shall inform the complainant and, if contacted, the respondent of the disposition of the complaint. ADVISORY OPINIONS PROCEEDINGS BEFORE A REFEREE RULE 10-7.1 PROCEDURES FOR ISSUANCE OF ADVISORY OPINIONS ON THE UNLICENSED PRACTICE OF LAW PROCEEDINGS GENERALLY (a) Definitions. (1) Committee. The standing committee on the unlicensed practice of law, as constituted according to the directives contained in these rules. (2) Petitioner. An individual or organization seeking guidance as to the applicability, in a hypothetical situation, of the state's prohibitions against the unlicensed practice of law. (3) Public Notice. Publication in a newspaper of general circulation in Leon County, Florida, and in The Florida Bar News. (4) Court. The Supreme Court of Florida (or such other court in the State of Florida the Supreme Court may designate). Filing Complaints. Complaints for civil injunctive relief shall be by petition filed in the Supreme Court of Florida by The Florida Bar in its name. (b) Requests for advisory opinions. The committee shall respond to written requests from all persons and entities seeking advisory opinions concerning activities which may constitute the unlicensed practice of law. Such requests shall be in writing addressed to The Florida Bar, Tallahassee, Florida 32301. The request for an advisory opinion shall state in detail all operative facts upon which the request for opinion is based and contain the name and address of petitioner. Petitions for Injunctive Relief. Each such petition shall be processed in the Supreme Court of Florida in accordance with the following procedure: (1) The petition shall not be framed in technical language but shall with reasonable clarity set forth the facts constituting the unlicensed practice of law. A demand for relief may be included in the petition but shall not be required. (2) The court, upon consideration of any petition so filed, may issue its order to show cause directed to the respondent commanding the respondent to show cause, if there be any, why the respondent should not be enjoined from the unlicensed practice of law alleged, and further requiring the respondent to file with the court and serve upon UPL staff counsel within 20 days after service on the respondent of the petition and order to show cause a written answer admitting or denying each of the matters set forth in the petition. The legal sufficiency of the petition may, at the option of the respondent, be raised by motion to dismiss filed prior to or at the time of the filing of the answer. The filing of a motion to dismiss prior to the filing of an answer shall postpone the time for the filing of an answer until 10 days after disposition of the motion. The order and petition shall be served upon the respondent in the manner provided for service of process by Florida Rule of Civil Procedure 1.070(b). Service of all other pleadings shall be governed by the provisions of Florida Rule of Civil Procedure 1.080. (3) Any party may request oral argument upon any question of law raised by the initial pleadings. The court may, in its discretion, set the matter for oral argument upon the next convenient motion day or at such time as it deems appropriate. (4) If no response or defense is filed within the time permitted, the allegations of the petition shall be taken as true for purposes of that action. The court will then, upon its motion or upon motion of any party, decide the case upon its merits, granting such relief and issuing such order as might be appropriate; or it may refer the petition for further proceedings according to rule 10-7.1(b)(6). (5) If a response or defense filed by a respondent raises no issue of material fact, any party, upon motion, may request summary judgment and the court may rule thereon as a matter of law. (6) The court may, upon its motion or upon motion of any party, enter a judgment on the pleadings or refer questions of fact to a referee for determination. (c) Limitations on Opinions. No opinion shall be rendered with respect to any case or controversy pending in any court in this jurisdiction and no informal opinion shall be issued. Proceedings Before the Referee. Proceedings before the referee shall be in accordance with the following: (1) The proceedings shall be held in the county where the respondent resides or where the alleged offense was committed, whichever shall be designated by the court. (2) Subpoenas for the attendance of witnesses and the production of documentary evidence shall be issued in the name of the court by the referee upon request of a party. Failure or refusal to comply with any subpoena shall be contempt of court and may be punished by the court or by any circuit court where the action is pending or where the contemnor may be found, as if said refusal were a contempt of that court. (3) The Florida Rules of Civil Procedure, including those provisions pertaining to discovery, not inconsistent with these rules shall apply in injunctive proceedings before the referee. The powers and jurisdiction generally reposed in the court under those rules may in this action be exercised by the referee. The Florida Bar may in every case amend its petition 1 time as of right, within 60 days after the filing of the order referring the matter to a referee. (4) Review of interlocutory rulings of the referee may be had by petition to the court filed within 30 days after entry of the ruling complained of. A supporting brief and a transcript containing conformed copies of pertinent portions of the record in the form of an appendix shall be filed with the court by a party seeking such review. Any opposing party may file a responsive brief and appendix containing any additional portions of the record deemed pertinent to the issues raised within 10 days thereafter. The petitioner may file a reply brief within 5 days of the date of service of the opposing party's responsive brief. Any party may request oral argument at the time that party's brief is filed or due. Interlocutory review hereunder shall not stay the cause before the referee unless the referee or the court on its motion or on motion of any party shall so order. (5) At the conclusion of the hearing, the referee shall file a written report with the court stating findings of fact, conclusions of law, and a recommendation for final disposition of the cause. The original record shall be filed with the report. Copies of the referee's report shall be served upon all parties by the referee at the time it is filed with the court. (6) Should the parties enter into a stipulated injunction prior to the hearing, the stipulation shall be filed with the referee. The referee may approve the stipulation or reject the stipulation and schedule a hearing as provided elsewhere in these rules. If accepted, the stipulation and original record shall then be filed with the court for final approval of the stipulation and entry of an injunction. A written report as described in rule 10-7.1(c)(5) shall be filed by the referee along with the stipulation. (d) Service of Voluntary Counsel. The committee shall be empowered to request and accept the voluntary services of a person licensed to practice in this state when the committee deems it advisable to receive written or oral advice regarding the question presented by the petitioner. Review by the Supreme Court of Florida. (1) Objections to the report of the referee shall be filed with the court by any party aggrieved, within 30 days after the filing of the report. If the objector desires, a brief in support of the objections may be filed at the time the objections are filed. Any other party may file a responsive brief within 20 days of service of the objector's brief. The objector may file a reply brief within 10 days of service of the opposing party's responsive brief. Oral argument will be allowed at the court's discretion and will be governed by the provisions of the Florida Rules of Appellate Procedure. (2) Upon the expiration of the time to file objections to the referee's report, the court shall review the report of the referee, together with any briefs or objections filed in support of or opposition to such report. After review, the court shall determine as a matter of law whether the respondent has engaged in the unlicensed practice of law, whether the respondent's activities should be enjoined by appropriate order, and whether further relief shall be granted. (e) Conflict of Interest. Committee members shall not participate in any matter in which they have either a material pecuniary interest that would be affected by a proposed advisory opinion or committee recommendation or any other conflict of interest that should prevent them from participating. However, no action of the committee will be invalid where full disclosure has been made and the committee has not decided that the member's participation was improper. Issuance of Preliminary or Temporary Injunction. Nothing set forth in this rule shall be construed to limit the authority of the court, upon proper application, to issue a preliminary or temporary injunction, or at any stage of the proceedings to enter any such order as the court deems proper when public harm or the possibility thereof is made apparent to the court, in order that such harm may be summarily prevented or speedily enjoined. (f) Notice, Appearance and Service. (1) At least thirty (30) days in advance of the committee meeting at which initial action is to be taken with respect to a potential advisory opinion, the committee shall give public notice of the date, time, and place of the meeting, state the question presented and invite written comments on the question. On the announced date the committee shall hold a public hearing at which any person affected shall be entitled to present oral testimony and be represented by counsel. Oral testimony by other persons may be allowed by the committee at its discretion. At the time of or prior to the hearing any other person shall be entitled to file written testimony on the issue before the committee. Additional procedures not inconsistent with this rule may be adopted by the committee. (2) The committee shall issue either a written proposed advisory opinion or a letter which declines to issue an opinion. No other form of communication shall be deemed to be an advisory opinion. (3) A proposed advisory opinion shall be in writing and shall bear a date of issuance. The proposed opinion shall prominently bear a title indicating that it is a proposed advisory opinion and a disclaimer stating that it is only an interpretation of the law and does not constitute final court action. The committee shall arrange for the publication of the proposed advisory opinion within a reasonable time. (g) Service and Judicial Review of Proposed Formal Advisory Opinion. (1) The committee shall file a copy of the opinion and all materials considered by the committee in adopting the opinion with the clerk of the Court. The proposed advisory opinion, together with notice of the filing thereof, shall be furnished by certified mail to the petitioner. (2) Within thirty (30) days of the filing of the opinion the petitioner may file objections and a brief or memorandum in support thereof, copies of which shall be served on the committee. Any other interested person may seek leave of the Court to file and serve a brief in accordance with this same procedure. The committee may file a responsive brief within twenty (20) days of service of the initial brief. The petitioner, as well as other interested persons with leave of Court, may file a reply brief within ten (10) days of service of the responsive brief. At its discretion, the Court shall permit reasonable extension of these time periods. Oral argument will be allowed at the Court's discretion. The Florida Rules of Appellate Procedure shall otherwise govern the above methods of filing, service, and argument. (3) Upon the expiration of the time to file objections, briefs, and replies thereto, the Court shall review the advisory opinion, regardless of whether any such objections are in fact made, together with any briefs or objections filed in support of or in opposition to such opinion. Upon review, it shall approve, modify, or disapprove the advisory opinion, and the ensuing opinion shall have the force and effect of an order of this Court and be published accordingly. There shall be no further review of the opinion except as granted by this Court in its discretion, upon petition to this Court. IMMUNITY CONFIDENTIALITY RULE 10-8.1 GENERALLY FILES The members of the committee and circuit committees, as well as staff persons and appointed voluntary counsel assisting those members, shall have absolute immunity from civil liability for all acts in the course of their official duties. (a) Files are Property of Bar. All matters, including files, preliminary investigation reports, interoffice memoranda, records of investigations, and the records in trials and other proceedings under these rules, except those unlicensed practice of law matters conducted in county or circuit courts, are property of The Florida Bar. All of those matters shall be confidential and shall not be disclosed except as provided in these rules. When disclosure is permitted under these rules, it shall be limited to information concerning the status of the proceedings and any information that is part of the UPL record as defined in these rules. (b) UPL Record. The UPL record shall consist of the record before a circuit committee, the record before a referee, the record before the Supreme Court of Florida, and any reports, correspondence, papers, and recordings and transcripts of hearings furnished to, served on, or received from the respondent or the complainant. The record before the circuit committee shall consist of all reports, correspondence, papers, and recordings furnished to or received from the respondent and the transcript of circuit committee meetings or hearings, if the proceedings were attended by a court reporter; provided, however, that the committee may retire into private session to debate the issues involved and to reach a decision as to the action to be taken. The record before a referee and the record before the Supreme Court of Florida shall include all items properly filed in the cause including pleadings, transcripts of testimony, exhibits in evidence, and the report of the referee. (c) Limitations on Disclosure. Any material provided to or promulgated by The Florida Bar that is confidential under applicable law shall remain confidential and shall not be disclosed except as authorized by the applicable law. If this type of material is made a part of the UPL record, that portion of the UPL record may be sealed by the circuit committee chair, the referee, or the court. (d) Disclosure of Information. Unless otherwise ordered by this court or the referee in proceedings under this rule, nothing in these rules shall prohibit the complainant, respondent, or any witness from disclosing the existence of proceedings under these rules or from disclosing any documents or correspondence served on or provided to those persons. (e) Response to Inquiry. Representatives of The Florida Bar, authorized by the board of governors, shall reply to inquiries regarding a pending or closed unlicensed practice of law investigation as follows: (1) Cases Opened Prior to January 1, 1993. Cases opened prior to January 1, 1993, shall remain confidential. (2) Cases Opened On or After January 1, 1993. In any case opened on or after January 1, 1993, the fact that an unlicensed practice of law investigation is pending and the status of the investigation shall be public information; however, the UPL record shall remain confidential except as provided in rule 10-8.1(e)(4). (3) Recommendations of Circuit Committee. The recommendation of the circuit committee as to the disposition of an investigation opened on or after (the effective date of these rules) shall be public information; however, the UPL record shall remain confidential except as provided in rule 10-8.1(e)(4). (4) Final Action by Standing Committee and UPL Staff Counsel. The final action of the standing committee on investigations opened on or after (the effective date of these rules) shall be public information. Once the recommendation is accepted, the UPL record in cases opened on or after (the effective date of these rules) that are closed by the standing committee or UPL staff counsel as provided elsewhere in these rules, cases where a cease and desist affidavit has been accepted, and cases where a litigation recommendation has been approved shall be public information and may be provided upon specific inquiry except that information that remains confidential under rule 10-8.1(c). The Florida Bar may charge a reasonable fee for identification of and photocopying the documents. (f) Production of UPL Records Pursuant to Subpoena. The Florida Bar, pursuant to a valid subpoena issued by a regulatory agency, may provide any documents that are a portion of the UPL record even if otherwise deemed confidential under these rules. The Florida Bar may charge a reasonable fee for identification of and photocopying the documents. (g) Notice to Judges. Any judge of a court of record may be advised as to the status of a confidential unlicensed practice of law case and may be provided with a copy of the UPL record. The judge shall maintain the confidentiality of the matter. (h) Response to False or Misleading Statements. If public statements that are false and misleading are made about any UPL case, The Florida Bar may make any disclosure necessary to correct such false or misleading statements. (i) Providing Otherwise Confidential Material. Nothing contained herein shall prohibit The Florida Bar from providing otherwise confidential material as provided in rule 10-3.2(f). AMENDMENTS ADVISORY OPINIONS RULE 10-9.1 GENERALLY PROCEDURES FOR ISSUANCE OF ADVISORY OPINIONS ON THE UNLICENSED PRACTICE OF LAW Rules governing the investigation and prosecution of the unlicensed practice of law may be amended in accordance with the procedures for amending the Rules Regulating The Florida Bar. (a) Definitions. (1) Committee. The standing committee as constituted according to the directives contained in these rules. (2) Petitioner. An individual or organization seeking guidance as to the applicability, in a hypothetical situation, of the state's prohibitions against the unlicensed practice of law. (3) Public Notice. Publication in a newspaper of general circulation in the county in which the hearing will be held and in The Florida Bar News. (4) Court. The Supreme Court of Florida (or such other court in the state of Florida as the supreme court may designate). (b) Requests for Advisory Opinions. The committee shall respond to written requests from all persons and entities seeking advisory opinions concerning activities that may constitute the unlicensed practice of law. Such requests shall be in writing addressed to The UPL Department, The Florida Bar, 650 Apalachee Parkway, Tallahassee, Florida 32399-2300. The request for an advisory opinion shall state in detail all operative facts upon which the request for opinion is based and contain the name and address of the petitioner. (c) Limitations on Opinions. No opinion shall be rendered with respect to any case or controversy pending in any court in this jurisdiction and no informal opinion shall be issued except as provided in rule 10-9.1(g)(1). (d) Services of Voluntary Counsel. The committee shall be empowered to request and accept the voluntary services of a person licensed to practice in this state when the committee deems it advisable to receive written or oral advice regarding the question presented by the petitioner. (e) Conflict of Interest. Committee members shall not participate in any matter in which they have either a material pecuniary interest that would be affected by a proposed advisory opinion or committee recommendation or any other conflict of interest that should prevent them from participating. However, no action of the committee will be invalid where full disclosure has been made and the committee has not decided that the member's participation was improper. (f) Notice, Appearance, and Service. (1) At least 30 days in advance of the committee meeting at which initial action is to be taken with respect to a potential advisory opinion, the committee shall give public notice of the date, time, and place of the meeting, state the question presented, and invite written comments on the question. On the announced date the committee shall hold a public hearing at which any person affected shall be entitled to present oral testimony and be represented by counsel. Oral testimony by other persons may be allowed by the committee at its discretion. At the time of or prior to the hearing any other person shall be entitled to file written testimony on the issue before the committee. Additional procedures not inconsistent with this rule may be adopted by the committee. (2) The committee shall issue either a written proposed advisory opinion, a letter that declines to issue an opinion, or an informal opinion as provided in rule 10-9.1(g)(1). No other form of communication shall be deemed to be an advisory opinion. (3) A proposed advisory opinion shall be in writing and shall bear a date of issuance. The proposed opinion shall prominently bear a title indicating that it is a proposed advisory opinion and a disclaimer stating that it is only an interpretation of the law and does not constitute final court action. The committee shall arrange for the publication of notice of filing the proposed advisory opinion and a summary thereof in The Florida Bar News within a reasonable time. Interested parties shall be furnished a copy of the full opinion upon request. (g) Service and Judicial Review of Proposed Advisory Opinions. (1) In the case of any proposed advisory opinion in which the standing committee concludes that the conduct in question is not the unlicensed practice of law, it shall decide, by a vote of a majority of the committee members present, either to publish the advisory opinion as provided in rule 10-9.1(f)(3) as an informal advisory opinion, or to file a copy of the opinion with the court as provided in rule 10-9.1(g)(2). (2) In the case of any proposed advisory opinion in which the standing committee concludes that the conduct in question constitutes or would constitute the unlicensed practice of law, the committee shall file a copy of the opinion and all materials considered by the committee in adopting the opinion with the clerk of the court. The proposed advisory opinion, together with notice of the filing thereof, shall be furnished by certified mail to the petitioner. (3) Within 30 days of the filing of the opinion, the petitioner may file objections and a brief or memorandum in support thereof, copies of which shall be served on the committee. Any other interested person may seek leave of the court to file and serve a brief, whether in support of or in opposition to the opinion, in accordance with this same procedure. The committee may file a responsive brief within 20 days of service of the initial brief. The petitioner, as well as other interested persons with leave of court, may file a reply brief within 10 days of service of the responsive brief. At its discretion, the court shall permit reasonable extension of these time periods. Oral argument will be allowed at the court's discretion. The Florida Rules of Appellate Procedure shall otherwise govern the above methods of filing, service, and argument. (4) Upon the expiration of the time to file objections, briefs, and replies thereto, the court shall review the advisory opinion, regardless of whether any such objections are in fact made, together with any briefs or objections filed in support of or in opposition to such opinion. Upon review, it shall approve, modify, or disapprove the advisory opinion, and the ensuing opinion shall have the force and effect of an order of this court and be published accordingly. There shall be no further review of the opinion except as granted by this court in its discretion, upon petition to this court. 10-10. IMMUNITY RULE 10-10.1 GENERALLY The members of the standing committee and circuit committees, as well as staff persons and appointed voluntary counsel assisting those committees, shall have absolute immunity from civil liability for all acts in the course of their official duties. 10-11. AMENDMENTS 10-11.1 GENERALLY Rules governing the investigation and prosecution of the unlicensed practice of law may be amended in accordance with the procedures set forth in rule 1-12.1. CHAPTER 11. RULES GOVERNING THE LAW SCHOOL CIVIL AND CRIMINAL PRACTICE PROGRAM RULE 11-1.1 PURPOSE RULE 11-1.2 ACTIVITIES (a) Appearance in Civil or Administrative Proceedings. he the student his (b) Appearance in Criminal Proceedings. his the prosecuting attorney's (c) Appearance on Behalf of Governmental Agencies. (d) Filing of Consent and Approval. (e) Fixing of Standards of Indigence. RULE 11-1.3 REQUIREMENTS AND LIMITATIONS (a) B b the (b) H h four ( ) six ( ) forty-eight ( ) seventy-two ( ) (c) B b his or her the student's (d) B b he or she the student (e) N n his or her the student's he or she the student (f) C c he or she the student C c RULE 11-1.4 CERTIFICATION (a) C c eighteen ( ) (b) C c (c) C c C c RULE 11-1.5 OTHER ACTIVITIES (a) Preparation of Documents; Assistance of Indigents. C c P p . ; P p . ; E e C c (4 b ) Identification of Student in Documents and Pleadings. he or she the student ( b c ) Participation in Oral Argument. , RULE 11-1.6 SUPERVISION (a) B b (b) A a (c) A a his or her the student's RULE 11-1.7 MISCELLANEOUS he or she the person RULE 11-1.8 CONTINUATION OF PRACTICE PROGRAM AFTER COMPLETION OF LAW SCHOOL PROGRAM OR GRADUATION (a) Certification by Agency Attorney. (1) (2) F f his or her twelve ( ) F f he or she the attorney (b) Non-Florida Law School Practice Programs. In the case of students enrolled in or having graduated from an American Bar Association approved non-Florida law school, completion for academic credit of a clinical program that involved the representation of actual clients under the supervision of a lawyer shall be deemed to be the equivalent of completion of the law school practice program for purposes of this rule. (c) Certification by Legal Aid Organization. C c T t T t T t T t T t C c CHAPTER 12. EMERITUS ATTORNEYS PRO BONO PARTICIPATION PROGRAM RULE 12-1.1 PURPOSE E e A a P p B b P p P p RULE 12-1.2 DEFINITIONS (a) Emeritus Attorney. of America and H h ten ( ) fifteen ( ) and H h , fifteen ( ) and I i three ( ) and A a and N n I i (b) Approved Legal Aid Organization. which that T t T t T t T t T t T t which that (c) Supervising Attorney. an active in good standing B b , ; A a , RULE 12-1.3 ACTIVITIES (a) Permissible Activities. he or she the emeritus attorney (b) Determination of Nature of Participation. her or his the judge's or officer's RULE 12-1.4 SUPERVISION AND LIMITATIONS (a) Supervision by Attorney. (b) Representation of Bar Membership Status. (c) Payment of Expenses and Award of Fees. RULE 12-1.5 CERTIFICATION ( a ) Permission to Perform Services. ( 1 a ) A a ( 2 b ) A a ( 3 c ) A a he or she the emeritus attorney: a. (1) H h and b. (2) S s . ; and c. (3) W w of for RULE 12-1.6 WITHDRAWAL OF CERTIFICATION (a) Withdrawal of Permission to Perform Services. B b a. (A) T t five ( ) b. (B) C c B b he or she the emeritus attorney (b) Notice of Withdrawal. , RULE 12-1.7 DISCIPLINE which that and , (a) T t (b) T t CHAPTER 13. AUTHORIZED LEGAL AID PRACTITIONERS RULE 13-1. GENERALLY RULE 13-1.1 PURPOSE one 1 RULE 13-1.2 DEFINITIONS (a) Authorized Legal Aid Practitioner. W w three ( ) and I i the any other , or , (other than Florida) in which he or she is licensed, fifteen ( ) and H h B b fifteen ( ) and A a t T and N n he or she the practitioner I i (b) Approved Legal Aid Organization. which that T t T t T t T t T t t T T t which that (c) Supervising Attorney. in is n active in good standing B b A a RULE 13-1.3 ACTIVITIES (a) Permissible Activities. ; . ; . ; and . he or she the practitioner (b) Determination of Scope of Participation. his or her the judge's or officer's RULE 13-1.4 SUPERVISION AND LIMITATIONS (a) Supervision by Attorney. (b) Representation of Bar Membership Status. (c) Payment of Expenses and Award of Fees. RULE 13-1.5 CERTIFICATION ( a ) ( 1 a ) ; . ( 2 b ) ; and . ( 3 c ) he or she the practitioner a. (1) H h t T b. (2) S s t T his or her the practitioner's c. (3) W w RULE 13-1.6 WITHDRAWAL OR TERMINATION OF CERTIFICATION (a) Cessation of Permission to Perform Services. one 1 C c , ; he or she the practitioner ; or . ; or . a. (A) T t five ( ) b. (B) C c he or she the practitioner fifteen ( ) (b) Notice of Withdrawal of Certification. , RULE 13-1.7 DISCIPLINE (a) Contempt; Withdrawal of Certification. which that t T T t T t (b) Notice to Home State of Disciplinary Action. RULE 13-1.8 SUNSET PROVISION , CHAPTER 14. FEE ARBITRATION RULE RULE 14-1.1 JURISDICTION (a) Written Request after Dispute Required. (b) Pending Civil Action. which that which that (c) Attorney-Client Relationship Required. (d) Authority to Decline Exercise of Jurisdiction. person person person RULE 14-1.2 VENUE (PLACE OF HEARING) , RULE 14-1.3 RULES C c RULE 14-2.1 GENERALLY (a) Appointment of Members; Quorum. B b G g nine ( ) B b G g person person five ( ) (b) Terms. three ( ) three years of the third year two ( ) (c) Duties. P p R r B b G g E e G g B b G g , G g S s C c B b G g P p A a RULE 14-3.1 GENERALLY (a) Membership. three ( ) B b G g person five ( ) (b) Nomination and Appointment. ( ) C c B b P p B b G g ' B b G g B b G g ' person person (c) Terms. one 1 , three ( ) him or her the member. B b G g RULE 14-4.1 GENERALLY (a) Consent. his or her that party's S s C c (b) Attachments. RULE 14-5.1 CONFIDENTIALITY ( a ) , RULE 14-5.2 BINDING NATURE (a) Binding Determination. C c (b) Enforcement of Determination. RULES OF PROCEDURE FOR ARBITRATION PROCEEDINGS RULE I. PREAMBLE RULE II. SELECTION OF ARBITRATORS A. Referral to Arbitrators. person one 1 .00 .00 person three 3 one 1 person one 1 person, .00 three 3 three 3 one 1 two 2 one 1 person .00 B. Eligibility to Serve. person he or she the member person person person, C. Postponements. three ( ) person, three ( ) D. Death or Inability to Serve. person he or she the member person E. Powers of Arbitrators. C c F. Time. forty-five ( ) ten ( ) person RULE III. RECORD OF PROCEEDINGS his or her own the party's which that RULE IV. HEARINGS A. Setting and Notice of Hearing. person ten ( ) by him or her B. Absence of Party. person C. Representation by Counsel. D. Presentation of Evidence. ten ( ) S s 682.08(1991). E. Right of Party to Attend. F. Chair person to Preside. one 1 person person G. Factors to Consider Regarding Reasonable Fees. B b C c RULE V. CLOSING OF HEARINGS one ( ) RULE VI. THE AWARD S s C c person , S s 682.13 682.14 RULE VII. DEATH OR INCOMPETENCE OF A PARTY , person, , CHAPTER 15. REVIEW OF LAWYER ADVERTISEMENTS AND SOLICITATIONS RULE 15-1.1 PURPOSE S s C c A a RULE 15-2.1 MEMBERSHIP AND TERMS S s C c A a four 4 three 3 man man, three 3 two 2 RULE 15-2.2 FUNCTIONS ; , ; , RULE 15-2.3 REIMBURSEMENT FOR PUBLIC MEMBERS statewide standing RULE 15-2.4 RECUSAL OF MEMBERS RULE 15-3.1 MEETINGS RULE 15-3.2 RULES RULE 15-4.1 GENERALLY three 3 RULE 15-4.2 RECORDS three 3 CHAPTER 16. FOREIGN LEGAL CONSULTANCY RULE RULE 16-1.1 PURPOSE The purpose of this chapter is to permit a person who is admitted to practice in a foreign country as an attorney, counselor at law, or the equivalent to act as a foreign legal consultant in the state of Florida. This chapter authorizes an attorney licensed to practice law in 1 or more foreign countries to be certified by the Supreme Court of Florida, without examination, to render services in this state as a legal consultant regarding the laws of the country in which the attorney is admitted to practice. RULE 16-1.2 DEFINITIONS A foreign legal consultant is any person who: (a) has been admitted to practice in a foreign country as an attorney, counselor at law, or the equivalent for a period of not less than 5 of the 7 years immediately preceding the application for certification under this chapter; (b) has engaged in the practice of law of such foreign country for a period of not less than 5 of the 7 years immediately preceding the application for certification under this chapter and has remained in good standing as an attorney, counselor at law, or the equivalent throughout said period; (c) is admitted to practice in a foreign country whose professional disciplinary system for attorneys is generally consistent with that of The Florida Bar; (d) has not been disciplined for professional misconduct by the bar or courts of any jurisdiction within 10 years immediately preceding the application for certification under this chapter and is not the subject of any such disciplinary proceeding or investigation pending at the date of application for certification under this chapter; (e) has not been denied admission to practice before the courts of any jurisdiction based upon character or fitness during the 15-year period preceding application for certification under this chapter; (f) has submitted, pursuant to requirements determined by the Supreme Court of Florida, an application for certification under this chapter and the appropriate fees; (g) agrees to abide by the applicable Rules Regulating The Florida Bar and submit to the jurisdiction of the Supreme Court of Florida for disciplinary purposes; (h) is over 26 years of age; (i) maintains an office in the state of Florida for the rendering of services as a foreign legal consultant; and (j) has satisfied, in all respects, the provisions of rule 16-1.4. RULE 16-1.3 ACTIVITIES (a) Rendering Legal Advice. A person certified as a foreign legal consultant under this chapter may render legal services in the state of Florida; provided, however, that such services shall: (1) be limited to those regarding the laws of the foreign county in which such person is admitted to practice as an attorney, counselor at law, or the equivalent; (2) not include any activity or any service constituting the practice of the laws of the United States, the state of Florida, or any other state, commonwealth, or territory of the United States or the District of Columbia including, but not limited to, the restrictions that such person shall not: (A) appear for another person as attorney in any court or before any magistrate or other judicial officer or before any federal, state, county, or municipal governmental agency, quasi-judicial, or quasi-governmental authority in the state of Florida, or prepare pleadings or any other papers in any action or proceedings brought in any such court, or before any such judicial officer, except as authorized in any rule of procedure relating to admission pro hac vice, or pursuant to administrative rule; (B) prepare any deed, mortgage, assignment, discharge, lease, agreement of sale, or any other instrument affecting title to real property located in the United States, or personal property located in the United States, except where the instrument affecting title to such property is governed by the law of a jurisdiction in which the foreign legal consultant is admitted to practice as an attorney, counselor at law, or the equivalent; (C) prepare any will or trust instrument affecting the disposition of any property located in the United States and owned by a resident thereof nor prepare any instrument relating to the administration of a decedent's estate in the United States; (D) prepare any instrument with respect to the marital relations, rights, or duties of a resident of the United States or the custody or care of the children of such a resident; (E) render professional legal advice on the law of the State of Florida, the United States, or any other state, subdivision, commonwealth, or territory of the United States, or the District of Columbia (whether rendered incident to the preparation of a legal instrument or otherwise); or (F) render any legal services without utilizing a written retainer agreement that shall specify in bold type that the foreign legal consultant is not admitted to practice law in the state of Florida nor licensed to advise on the laws of the United States or any other state, commonwealth, territory, or the District of Columbia, unless so licensed, and that the practice of the foreign legal consultant is limited to the laws of the foreign country where such person is admitted to practice as an attorney, counselor at law, or the equivalent. (b) Representing Status as Member of The Florida Bar. Foreign legal consultants certified to render services under this chapter shall not represent that they are admitted to The Florida Bar or licensed as an attorney or foreign legal consultant in another state, commonwealth, territory, or the District of Columbia, or as an attorney, counselor at law, or the equivalent in a foreign country, unless so licensed. Persons certified under this chapter shall not use any title other than "Foreign Legal Consultant, Not Admitted to Practice Law in Florida," although such person's authorized title and firm name in the foreign country in which the person is admitted to practice as an attorney, counselor at law, or the equivalent may be used if the title, firm name, and the name of the foreign country are stated together with the above-mentioned designation. Foreign legal consultants certified under this chapter must provide clients with a letter disclosing the extent of professional liability insurance coverage maintained by the foreign legal consultant, if any, as well as an affirmative statement advising the client that any client aggrieved by the foreign legal consultant will not have access to the Clients' Security Fund of The Florida Bar. The letter must further include the list of activities that the foreign legal consultant certified under this chapter is prohibited from engaging in, as set out in rule 16-1.3(a)(2)(A)-(F). RULE 16-1.4 CERTIFICATION (a) Commencement of Permission to Perform Services. Permission for a foreign legal consultant to render legal services under this chapter shall become effective upon the filing of an application and certification, with respect to an applicant, by the International Law Section of The Florida Bar, of the requirements of rules 16-1.2(a) through (j) and 16-1.3(a) and (b) herein. In addition to any other evidence that The Florida Bar, in its discretion, may require, the application shall include the filing and approval of: (1) a duly authenticated certificate from the entity governing the practice of law in the foreign country in which the applicant is licensed to practice, which shall be accompanied by the official seal, if any, of such entity, and which shall certify: (A) the entity's jurisdiction in such matters; (B) the applicant's admission to practice in such foreign country and the date thereof; (C) the applicant's good standing as an attorney, counselor at law, or the equivalent; and (D) whether any charge or complaint has ever been filed against the applicant with such entity, and if so, the substance of each such charge or complaint and the adjudication or disposition thereof; (2) a letter of recommendation signed by and with the official seal, if any, of 1 of the members of the executive body of such entity or from 1 of the judges of the highest court of law of such foreign country, certifying to the applicant's professional qualifications; (3) a letter of recommendation from at least 2 attorneys, counselors at law, or the equivalent admitted in and practicing in such foreign country, setting forth the length of time, when, and under what circumstances they have known the applicant and their appraisal of the applicant's moral character; (4) a letter of recommendation from at least 2 members in good standing of The Florida Bar, setting forth the length of time, when, and under what circumstances they have known the applicant and their appraisal of the applicant's moral character; (5) a sworn statement by the applicant that the applicant: (A) has read and is familiar with the Rules of Professional Conduct as adopted by the Supreme Court of Florida and will abide by, and be subject to, the provisions thereof; (B) submits to the jurisdiction of the Supreme Court of Florida for disciplinary purposes, as defined in chapter 3 of these rules and rule 16-1.6. The statement by the applicant must also authorize notification to the entity governing the practice of law in the foreign country in which the applicant is licensed to practice of any disciplinary action taken against the applicant in Florida; and (C) shall comply with the requirements of rule 16-1.3(b) regarding disclosure; (6) a written commitment to notify the court of any resignation or revocation of the foreign legal consultant's admission to practice in the foreign country of admission, or in any other state or jurisdiction in which said consultant has been licensed as an attorney, counselor at law, or equivalent or as a foreign legal consultant, or of any censure, suspension, or expulsion in respect of such admission; and (7) a duly acknowledged instrument setting forth the applicant's address within the state of Florida and designating the secretary of state as such person's agent upon whom process may be served, pursuant to applicable Florida law, with like effect as if served personally upon such applicant, in any action or proceeding thereafter brought against the applicant arising out of or based upon any legal services rendered or offered to be rendered by such applicant within or to the residents of the state of Florida, whenever after due diligence service cannot be made upon such applicant at such address. (b) Annual Sworn Statement. A person certified under this chapter as a foreign legal consultant shall submit to The Florida Bar, on an annual basis, a sworn statement attesting to the foreign legal consultant's good standing as an attorney, counselor at law, or the equivalent in the foreign country in which such person is licensed to practice and shall also include with such statement an annual renewal fee equivalent to annual dues paid by members of The Florida Bar, in good standing, and such other evidence as The Florida Bar shall deem necessary to determine the continuing qualifications of the foreign legal consultant under this chapter. RULE 16-1.5 WITHDRAWAL OR TERMINATION OF CERTIFICATION Permission to perform services under this chapter shall cease immediately upon the earliest of the following events: (a) The filing of a notice by the Supreme Court of Florida, in its discretion, at any time, stating that permission to perform services under this chapter has been revoked. A copy of such notice shall be mailed by the clerk of the court to The Florida Bar and to the foreign legal consultant involved. The foreign legal consultant shall have 15 days to request reinstatement for good cause. (b) The foreign country in which the foreign legal consultant is admitted to practice discontinues having a professional disciplinary system for attorneys that is generally consistent with that of The Florida Bar. (c) The failure of the foreign legal consultant to comply with any applicable provisions of this chapter. RULE 16-1.6 DISCIPLINE (a) Discipline by Florida Courts. Each person licensed to practice as a foreign legal consultant under this chapter is expressly subject to the Rules of Professional Conduct and to continuing review of such consultant's qualifications to retain any license granted hereunder, and shall be subject to the disciplinary jurisdiction of the Supreme Court of Florida and the other courts of this state. (b) Withdrawal of Certification. In addition to any appropriate proceedings and discipline that may be imposed by The Florida Bar or the Supreme Court of Florida under chapter 3 of the Rules Regulating The Florida Bar, the Supreme Court of Florida may, at any time, with or without cause, withdraw certification hereunder. (c) Notification of Other Jurisdictions. The Florida Bar shall be authorized to notify each entity governing the practice of law in the foreign country in which the foreign legal consultant is licensed to practice law of any disciplinary action taken against the foreign legal consultant. RULE 16-1.7 SUNSET PROVISION This chapter shall expire and all certificates issued hereunder shall likewise expire on January 1, 1998, unless sooner reenacted by the Supreme Court of Florida.