Amendments to the Rules Regulating the Florida Bar-Chapter 17

746 So. 2d 442, 24 Fla. L. Weekly Supp. 139, 1999 Fla. LEXIS 413
CourtSupreme Court of Florida
DecidedMarch 18, 1999
DocketNo. 93479
StatusPublished

This text of 746 So. 2d 442 (Amendments to the Rules Regulating the Florida Bar-Chapter 17) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amendments to the Rules Regulating the Florida Bar-Chapter 17, 746 So. 2d 442, 24 Fla. L. Weekly Supp. 139, 1999 Fla. LEXIS 413 (Fla. 1999).

Opinion

PER CURIAM.

The Florida Bar has filed a petition to amend Chapter 17 of the Rules Regulating The Florida Bar. Notice of the filing of this petition and a request for comments was published in The Florida Bar News. No comments have been filed with the Court, and the Bar states in its petition that it “has received no adverse comment or objection from any individual or group in response to its official notice of this filing and the amendments published herein.”

The proposed amendments are as follows:

(1)Amendment to Rule 17-1.2: This proposed amendment clarifies the definition of “authorized house counsel” by adding that a person seeking such status must be exclusively employed by a business organization. It also clarifies the definition of “business organization” by adding that such an entity must be authorized to transact business in Florida and does not include governmental or political entities or subdivisions. The proposed amendment reads:

RULE 17-1.2 DEFINITIONS
(a) Authorized House Counsel. An “authorized house counsel” is any person who:
(1) is a member in good standing of the entity governing the practice of law of each state (other than Florida), territory, or the District of Columbia in which the member is licensed;
(2) is not subject to a disciplinary proceeding or outstanding order of reprimand, censure or disbarment, permanent or temporary, for professional misconduct by the bar or courts of any jurisdiction at the time of application for registration under this chapter;
(3) has not been permanently denied admission to practice before the bar of any jurisdiction based upon [443]*443such person’s character or fitness at the time of application for registration under this chapter;
(4) agrees to abide by the Rules Regulating The Florida Bar (including, without limitation, rules 6-10.1 et seq.) and submit to the jurisdiction of the Supreme Court of Florida for disciplinary purposes;
(5) is, at the date of application for registration under this rule, exclusively employed by a business organization located in the state of Florida fey a business organization or relocating to the state of Florida in furtherance of such employment within 6 months of such application under this chapter and receives or shall receive compensation for activities performed for that business organization;
(6) has complied with rule 17-1.4.
(b) Business Organization. A “business organization” for the purpose of this rule is a corporation, partnership, association or other legal entity (taken together with its respective parents, subsidiaries, and affiliates) authorized to transact business in this state that is not itself engaged in the practice of law or the rendering of legal services outside such organization, whether for a fee or otherwise, and does not charge or collect a fee for the representation or advice other than to entities comprising such organization by the activities of the authorized house counsel. For purposes of this rule, a “business organization” does not include a governmental entity, governmental subdivision, political subdivision, school board, or any other entity that has the authority to levy a tax.

(2) Amendment to Rule 17-1.4: This proposed amendment adds a new subdivision to the rule regarding registration for authorized house counsel status. This new subdivision provides that The Florida Bar shall review the registration application for compliance with Chapter 17 and sets out certain reasons for which the application can be returned to the applicant. The proposed amendment also changes the language of the subdivision addressing certification by the Court to provide that after review, the Bar shall file with the Court the names and addresses of only those registrants whose applications comply with Chapter 17. This proposed amendment reads:

RULE 17-1.4 REGISTRATION
(a) Filing with The Florida Bar. The following shall be filed with The Florida Bar by an individual seeking to be certified as authorized house counsel:
(1) A certificate from an entity governing the practice of law of a state, territory, or the District of Columbia in which the registrant is licensed to practice law certifying that the registrant:
a. is a member in good standing; and
b. has a clear disciplinary record as required by subdivision 17-1.2(a)(2);
(2) a sworn statement by the registrant that the registrant:
a. has read and is familiar with the Rules Regulating The Florida Bar as adopted by the Supreme Court of Florida and will abide by the provisions thereof; and
b. submits to the jurisdiction of the Supreme Court of Florida for disciplinary purposes, as defined in chapter 3 of the Rules Regulating The Florida Bar and rule 17-1.7 herein, and authorizes notification to or from the entity governing the practice of law of each state, territory, or the District of Columbia in which the registrant is licensed to practice law of any disciplinary action taken against the registrant;
(3) a certificate from a business organization certifying that: it is qualified as set forth in subdivision 17-[444]*4441.2(b); that it is aware that the registrant is not licensed to practice in Florida; and it is not relying upon The Florida Bar in any manner in employing the authorized house counsel;
(4) an appropriate registration application to The Florida Bar as promulgated by the executive director of The Florida Bar; and
(5) an appropriate remittance of a filing fee prescribed and set by the executive director of The Florida Bar in an amount not to exceed the amount applicable for admission to the bar examination for an attorney licensed in a state other than Florida.
(b) Review by The Florida Bar. Upon receipt of the items set forth in subdivision 17-1.4(a), The Florida Bar shall review the items for compliance with this chapter. Any application not meeting the requirements of this chapter shall be sent back to the applicant. Grounds for return include, but are not limited to, filing certificates that do not contain all of the information set forth in subdivision 17-1.4(a), filing a certificate from a business organization that does not qualify as a business organization as defined by these rules, áhd failure to remit the appropriate fee.
fb)c Certification by Court. Upon ■receipt-of-the items - set forth in subdi-vi-sion--17-1.4(a) Upon review of the application by The Florida -Bar, The Florida Bar shall file with the clerk of the Supreme Court of Florida the name and address of the registrant those registrants complying with the provisions of subdivision 17-1.4(a) along with a request that the registrant be certified as authorized house counsel.

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Related

The Florida Bar Re Amendments to Rules
635 So. 2d 968 (Supreme Court of Florida, 1994)
Florida Bar re Amendments to the Rules Regulating the Florida Bar
593 So. 2d 1035 (Supreme Court of Florida, 1991)

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Bluebook (online)
746 So. 2d 442, 24 Fla. L. Weekly Supp. 139, 1999 Fla. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendments-to-the-rules-regulating-the-florida-bar-chapter-17-fla-1999.