In Re Amendments to Rules Regulating the Florida Bar (Mjp)

991 So. 2d 842, 2008 WL 4163249
CourtSupreme Court of Florida
DecidedSeptember 11, 2008
DocketSC07-1844
StatusPublished

This text of 991 So. 2d 842 (In Re Amendments to Rules Regulating the Florida Bar (Mjp)) 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
In Re Amendments to Rules Regulating the Florida Bar (Mjp), 991 So. 2d 842, 2008 WL 4163249 (Fla. 2008).

Opinion

991 So.2d 842 (2008)

In re AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR AND THE RULES OF JUDICIAL ADMINISTRATION-MULTIJURISDICTIONAL PRACTICE OF LAW.

No. SC07-1844.

Supreme Court of Florida.

September 11, 2008.

John F. Harkness, Jr., Executive Director, and Lori S. Holcomb, UPL Counsel, The Florida Bar, Tallahassee, Florida; Scott M. Dimond, Chair, Florida Rules of Judicial Administration Committee, Miami, Florida, for Petitioner.

Bill Wagner, Tampa, Florida, Responding with comments.

PER CURIAM.

The Florida Bar has filed a report recommending amendments to the Rules Regulating the Florida Bar and the Florida Rules of Judicial Administration regarding the multijurisdictional practice of law (MJP). We have jurisdiction. See art. V, §§ 2(a), 15, Fla. Const. We adopt the amendments, as modified herein.

BACKGROUND

In 2005, the Court issued In re Amendments to Rules Regulating Fla. Bar & Fla. Rules of Jud. Admin., 907 So.2d 1138 (Fla.2005), which adopted The Florida Bar's recommendations to establish rules that would immediately permit MJP in Florida.[1] Those amendments were the result of an extensive, well-deliberated process. Prior to the Court's adoption of the amendments, MJP was prohibited in Florida. See Fla. Bar v. Rapoport, 845 So.2d *843 874 (Fla.2003). Since MJP is a new form of legal service in Florida, and presents unique enforcement issues, the Court directed the Bar to "monitor the implementation of these amendments and any challenges that arise and report back to the Court within two years from the effective date of these amendments with recommendations for improvements or changes, if any." 907 So.2d at 1143.

In compliance with the Court's directive to study the implementation of MJP in Florida, the Bar has submitted a report that recommends amendments to the MJP rules. The proposed amendments were reviewed and approved by the Disciplinary Procedures Committee, the Bar Rules Committee, and the Board of Governors in accordance with rule 1-12.1 and Standing Board Policies. The proposed amendments were published for comment in the April 30, 2007, and May 15, 2007, issues of The Florida Bar News. The Bar states that, as of the date it filed the report with the Court, it had not received any comments regarding the proposed amendments. The Court republished the proposed amendments for comment in the November 15, 2007, issue of The Florida Bar News. The Court received only one comment.

DISCUSSION

The Bar proposes amendments to Rules Regulating the Florida Bar 1-3.11 (Appearance by Non-Florida Lawyer in an Arbitration Proceeding in Florida) and 4-5.5 (Unlicensed Practice of Law; Multijurisdictional Practice of Law). The proposals would eliminate confusion created by certain language in the current MJP rules and result in improved administration of the rules. After considering the Bar's petition, the Court adopts these two proposals.

The Bar also proposes amendments to Rule of Judicial Administration 2.510 (Foreign Attorneys) and the pro hac vice form motion that is contained in the rule.[2] However, rule 2.510 and the form motion are the province of the Rules of Judicial Administration Committee (RJAC). Further, while the Bar's proposals were pending before the Court, the RJAC filed its own report proposing amendments to rule 2.510. See In re Amendments to Florida Rules of Judicial Administration, 986 So.2d 560 (Fla.2008).

To consider the two reports proposing amendments to the same rule, the Court issued an order on March 6, 2008, directing the Bar and the RJAC to address several issues regarding the proposed amendments and possible conflicts. The Bar and RJAC submitted separate responses. They also submitted a joint response in which they suggest amending rule 2.510 and the pro hac vice form motion with the present proposals, in a manner that incorporates both the Bar and RJAC's proposed amendments. In support of that suggestion, the Bar and RJAC jointly filed revised amendments to rule 2.510 and the pro hac vice form motion. After considering the filings, as well as the comment filed by Mr. William Wagner, the Court hereby adopts the joint proposed amendments to rule 2.510 and the pro hac vice form motion; except the Court does not adopt the proposal to delete the pro hac vice form motion from rule 2.510.

The pro hac vice form motion shall remain in rule 2.510. Having the form motion published in the rule facilitates compliance with the pro hac vice requirements. *844 It provides a standardized form motion that is immediately available to anyone who reads the pro hac vice rule. For example, out-of-state attorneys seeking to comply with the rule immediately find the form motion when their research locates the pro hac vice rule.

CONCLUSION

Accordingly, we amend the Rules Regulating the Florida Bar and the Florida Rules of Judicial Administration as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The comments are offered for explanation and guidance only and are not adopted as an official part of the rules. The amendments shall become effective on January 1, 2009, at 12:01 a.m.

It is so ordered.

QUINCE, C.J., WELLS, ANSTEAD, PARIENTE, LEWIS, and BELL, JJ., and CANTERO, Senior Justice, concur.

APPENDIX

RULE 1-3.11 APPEARANCE BY NON-FLORIDA LAWYER IN AN ARBITRATION PROCEEDING IN FLORIDA

(a)-(d) [No Change]

(e) Content of Verified Statement for Leave to Appear. In all arbitration proceedings except international arbitrations, prior to practicing pursuant to this rule, the non-Florida lawyer shall file a verified statement with The Florida Bar and serve a copy of the verified statement on opposing counsel, if known. If opposing counsel is not known at the time the verified statement is filed with The Florida Bar, the non-Florida lawyer shall serve a copy of the verified statement on opposing counsel within 10 days of learning the identity of opposing counsel. The verified statement shall include:

(1) a statement identifying all jurisdictions in which the lawyer is currently eligible to practice law including the attorney's bar number(s) or attorney number(s);
(2) a statement identifying by date, case name, and case number all other arbitration proceedings in which the non-Florida lawyer has appeared in Florida in the preceding 5 years; however, if the case name and case number are confidential pursuant to an order, rule, or agreement of the parties, this information does not need to be provided and only the dates of prior proceedings must be disclosed;
(3) a statement identifying all jurisdictions in which the lawyer has been disciplined in any manner in the preceding 5 years and the sanction imposed, or in which the lawyer has pending any disciplinary proceeding, including the date of the disciplinary action and the nature of the violation, as appropriate;
(4) a statement identifying the date on which the legal representation at issue commenced and the party or parties represented; however, if the name of the party or parties is confidential pursuant to an order, rule, or agreement of the parties, this information does not need to be provided and only the date on which the representation commenced must be disclosed;
(5) a statement that all applicable provisions of this rule have been read and that the verified statement complies with this rule;

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Related

In Re Amend. to Rules Regulating Fla. Bar
907 So. 2d 1138 (Supreme Court of Florida, 2005)
Amendments Regulating Bar-Advertising
762 So. 2d 392 (Supreme Court of Florida, 1999)
In Re Amendments to Fl. Rules of Judicial Admin.
986 So. 2d 560 (Supreme Court of Florida, 2008)
Amendments to Rules Regulating the Florida Bar
820 So. 2d 210 (Supreme Court of Florida, 2002)

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Bluebook (online)
991 So. 2d 842, 2008 WL 4163249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-rules-regulating-the-florida-b-fla-2008.