Amendments to the Rules Regulating the Florida Bar

702 So. 2d 1258, 22 Fla. L. Weekly Supp. 760, 1997 Fla. LEXIS 2101, 1997 WL 778547
CourtSupreme Court of Florida
DecidedDecember 18, 1997
DocketNo. 91304
StatusPublished

This text of 702 So. 2d 1258 (Amendments to the Rules Regulating the Florida Bar) 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, 702 So. 2d 1258, 22 Fla. L. Weekly Supp. 760, 1997 Fla. LEXIS 2101, 1997 WL 778547 (Fla. 1997).

Opinion

PER CURIAM.

The Florida Bar (“the Bar”) petitions this Court to amend chapter 6 of the Rules Regulating The Florida Bar (Legal Specialization and Education Programs).1 More specifically, the Bar proposes amending rule 6-12 (Basic Skills Course Requirement Rule, otherwise known as the “BSCR” or “Bridge the Gap Program” for new bar members) to shorten the existing Bridge the Gap Program, redirect its focus towards more practical subjects (such as ethics, professionalism, law office management, and trust accounting), and require live attendance at two separate continuing legal education programs on basic-level substantive law topics of the individual new bar member’s choosing. The proposed amendments primarily specify components of and applicable deadlines for compliance with the BSCR; include the requirement for attendance at two live basic-level continuing legal education programs; codify permanent exemptions from the BSCR and recharacterize other BSCR deferrals consistent with current administrative practices; and further codify options for satisfaction of the BSCR by various classes of members. Remaining amendments are primarily editorial in nature.

In short, the Bar seeks through these proposed amendments to expose new bar members to practical aspects of the law, but at the same time allow such members a certain [1259]*1259measure of autonomy in fashioning the substantive portion of their required continuing legal education. The Bar has complied with all applicable notice and publication requirements, and no adverse comments have been received. Accordingly, and upon consideration of the proposed amendments, we adopt same as reflected in the appendix to this opinion. New language is indicated by underscoring, deletions by strike-through type. These amendments shall become effective January 1,1998, at 12:01 a.m.

It is so ordered.

KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.

APPENDIX

CHAPTER 6. LEGAL SPECIALIZATION AND EDUCATION PROGRAMS

6-12. BASIC SKILLS COURSE REQUIREMENT RULE

RULE 6-12.1 BASIC SKILLS COURSE REQUIREMENT

(a) Preamble. It is of primary importance to the public and to the members of The Florida Bar that attorneys begin their legal careers with a thorough and practical understanding of the law. To accomplish that objective, each member of The Florida Bar (hereinafter referred to as “member”) is required to comply with the basic skills course requirement (hereafter BSCR) presented by the young lawyers division of The Florida Bar (hereafter YLD).

(b) Basic Skills Course Requirement.

(1) The BSCR shall consist of:

(A) a program which addresses issues of ethics, professionalism, law office management, trust accounting, and other “hands on” and practical subjects, or such other subjects as are determined to be reasonable and/or necessary by the young lawyers division of The Florida Bar, and

(B) live attendance at 2 “basic” level substantive continuing legal education programs presented by the YLD.

(2) The BSCR shall be completed either 8 as follows:

(A) the portion of BSCR described in rule 6-12.1(b)(l)(A) above shall be completed:

(i) no sooner than 8 months prior to or 12 and no later than 12 months following admission to The Florida Bar, or

(ii) no later than 12 months following the expiration of any exempt or deferred status (described in rule 6-12.1(d) below); and

(B) the portion of BSCR described in rule 6-12.1(b)(l)(B) above shall be completed within the initial 3-year continuing legal education cycle after admission to The Florida Bar, or within 2 years after the expiration of any -exempt status.

(3)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.

(c) Applicability. Every member admitted to The Florida Bar after October 1,1988, except those exempt under rule 6-12.1(d) shall comply with the BSCR.

(d) Deferment or Exemptions.

(1) A member of The Florida Bar is eligible to defer compliance with exempt from the BSCR if:

(1)(A) the member is on active military service;

(2)(B) compliance would create an undue hardship;

(3)(C) the member is a nonresident member whose primary office is outside the state of Florida-; or

(D) the member is a full-time governmental employee.

(4)(2) A member of The Florida Bar is permanently exempt from the portion of BSCR described in rule 6-12,l(b)(l)(B) above ffi

(A) 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 for at least the 5-year period immediately preceding the commencement of the practice of law in Florida, subject to the rules of the entity regulating the foreign practice; and

[1260]*1260(B), the member has completed 30 thirty (30) hours of continuing legal education during the immediately preceding 5-year period; and, provided-further, that

(C) 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,.

(e) Fees. The board of governors of The Florida Bar may require a reasonable fee to be paid to The Florida Bar in connection with each member’s BSCR compliance.

(f) Policies. The board of legal specialization and education of The Florida Bar shall adopt policies necessary to implement BSCR, subject to the approval of the board of governors.

RULE 6-12.2 ADMINISTRATION

(a) Responsibility. The board of legal specialization and education shall oversee compliance with the BSCR as herein provided. The young lawyers division (hereafter YLD) of The — Florida Bar YLD shall be responsible for the planning, content, and presentation of the BSCR seminars.

(b) Delegation of Authority. The board of legal specialization and education may delegate to the staff of The Florida Bar any responsibility set forth herein, except that of granting a waiver or exemption from BSCR.

(c) Maintenance of Records. The Florida Bar shall maintain a record of each member’s compliance with BSCR.

RULE 6-12.3 BASIC SKILLS COURSE STANDARDS

The YLD shall establish minimum quality standards for the BSCR that shall include instructions on discipline, ethics, and responsibility to the public.

RULE 6-12,4 EXTENSION AND COMPLIANCE

(a) 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.

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702 So. 2d 1258, 22 Fla. L. Weekly Supp. 760, 1997 Fla. LEXIS 2101, 1997 WL 778547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendments-to-the-rules-regulating-the-florida-bar-fla-1997.