Florida Bar Re Amendment to the Bylaws Under the Integration Rule

400 So. 2d 942, 1981 Fla. LEXIS 2700
CourtSupreme Court of Florida
DecidedMay 21, 1981
DocketNo. 59685
StatusPublished

This text of 400 So. 2d 942 (Florida Bar Re Amendment to the Bylaws Under the Integration Rule) 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
Florida Bar Re Amendment to the Bylaws Under the Integration Rule, 400 So. 2d 942, 1981 Fla. LEXIS 2700 (Fla. 1981).

Opinion

OVERTON, Justice.

The Florida Bar has petitioned the Court to amend the Florida Designation Plan. A “designated lawyer” under the plan is one who has attended the approved and structured continuing legal education courses for the requisite number of hours each year. The proposed changes: (1) allow these lawyers to display their designation in locations consistent with the Code of Professional Responsibility; (2) allow the use of the descriptive phrase “Qualified in (permitted area) under the Florida Designation Plan”; (3) allow indication of a lawyer’s designated area in the telephone directory yellow pages and other approved lists; and (4) amend the Bar’s public notice from a disclaimer to a positive definition of designation.

The Bar submits that the proposed changes will bring the designation plan in line with the recent amendments to the Code of Professional Responsibility concerning advertising and will enable designated lawyers to distinguish themselves from other lawyers who may now advertise generally under the code and Bates v. State Bar of Arizona, 433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977). We agree that the proposed amendments are proper under Bates. They are approved and adopted as set forth in the appendix attached to this opinion. The entire Designation Plan, however, is subject to procedural restructuring so that it may properly interrelate with advertising and certification. See The Florida Bar Re Amendment to Integration Rule (Certification Plan), 399 So.2d 1385, (Fla.1981) (on rehearing).

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, ENGLAND, ALDERMAN and MCDONALD, JJ., concur.

APPENDIX

Article XVII of the Bylaws under the Integration Rule is revised as follows. The use of struck-through type indicates deletions. Underscoring indicates new language.

Article XVII

FLORIDA DESIGNATION PLAN

Section 1. DESIGNATION OF AREAS OF PRACTICE. In--accordance with-the terms of this article, a member may publicly designate tho areas in which he practices law* A member may receive permission from The Florida Bar to publicly designate the areas in which he practices law if he has accumulated the experience and educational requirements set out in this article.

Section 2, SCOPE AND FUTURE DEVELOPMENT. The provisions-of this -article contain minimal-standards-designed to permit immediate designation of areas of practioe. The Board of Governors of The Florida Bar intends to study and monitor the plan and the operations thereunder to determine if modification and expansion is required in the interests of the public and the Bar. Standards of education and experience will be periodically reviewed and upgraded where necessary.

Section 3. AREAS OF PERMITTED DESIGNATION.

(a) A member in good standing of The Florida Bar may not designate an area of practice unless the area has been approved by the Board. The Board may approve a particular area of practice on its own mo[943]*943tion or upon the request of any member if it finds that the area:

(1) Has not already been approved under a different description;

(2) Is a generally accepted area of practice;

(3) Is described in dignified and ethically appropriate terms.

(b) The areas of practice which have already been approved are listed on Schedule A. Schedule A may be amended as frequently as necessary to add or delete areas approved by the Board.

(c) If a member wishes to designate an area which has not been approved by the Board, he shall include in his application for permission a request that the area of practice be approved. The Board shall consider the request before it takes action on the member’s application for permission.

Section 4. ELIGIBILITY FOR PERMISSION TO DESIGNATE AREAS OF PRACTICE.

(a) Except as provided in subsections (b), (c), and (d), a member in good standing of The Florida Bar may be eligible for permission to designate areas of practice if at the time he files his application: (1) he has been engaged in the practice of law for at least three years and during the three years preceding his application for permission he has had substantial experience in each area of practice listed in the application; and (2) he has accumulated at least the minimum amount of approved continuing legal education set out below in each area sought to be designated:

a. Ten hours if the application is filed on or before December 31, 1979.

b. Twenty hours if the application is filed on or after January 1, 1980, but not later than December 31, 1980.

c. Thirty hours if the application is filed on or after January 1, 1981.

(b) If the Board finds that a member who has not engaged in the practice of law in an area for three years preceding his application but has had postgraduate education or concentrated experience in a particular area of practice and the experience is equal to or greater than the experience he would have gained in that area from three years of practice, and he has accumulated the minimum amount of approved continuing legal education required under Section 4(a)(2), the Board may waive the requirement of Section 4(a)(1) and permit him to designate that area.

(e) If the Board finds that a member has had at least three years of substantial experience or postgraduate education in an area of practice and the experience or education is not unreasonably remote, but that due to extenuating circumstances the member has not had substantial experience in the area during the three years preceding his application, and the member has accumulated the minimum amount of approved continuing legal education required under Section 4(a)(2), the Board may waive the requirement of Section 4(a)(1) and permit him to designate that area.

(d) A member applying for permission to designate General Practice who has not been a member in good standing of The Florida Bar for the three years preceding his application but who has accumulated the minimum amount of approved continuing legal education required under Section 4(a)(2), may designate General Practice.

(e) A member shall not be eligible to designate more than three areas of practice at any one time.

Section 5. APPLICATION FOR DESIGNATION OF AREAS OF PRACTICE.

(a) A member who wishes to designate one or more areas of practice shall file with the Board an application for permission on a form to be specified by the Board. The application shall:

(1) List the area or areas the member wishes to designate;

(2) State facts sufficient to establish that the member is eligible to designate the areas listed;

(3) Contain a statement that to enhance his proficiency the member will continue his legal education in the areas he wishes to designate through private study or continu[944]*944ing legal education programs approved by the Board or by this court and other appropriate means approved by the court.

(b) When the application is filed, the member shall pay an application fee in an amount to be established by the Board not exceeding $30. The amount of the application fee shall not be affected by the number of areas designated. ■

Section 6.

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Related

Bates v. State Bar of Arizona
433 U.S. 350 (Supreme Court, 1977)
Bates v. State Bar of Arizona
433 U.S. 350 (Supreme Court, 1977)
Florida Bar Re Amendment to Integration Rule
399 So. 2d 1385 (Supreme Court of Florida, 1981)

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Bluebook (online)
400 So. 2d 942, 1981 Fla. LEXIS 2700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-re-amendment-to-the-bylaws-under-the-integration-rule-fla-1981.