In re Amendments to the Rules Regulating the Florida Bar

903 So. 2d 183, 30 Fla. L. Weekly Supp. 359, 2005 Fla. LEXIS 1102, 2005 WL 1115682
CourtSupreme Court of Florida
DecidedMay 12, 2005
DocketNo. SC04-914
StatusPublished

This text of 903 So. 2d 183 (In re 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
In re Amendments to the Rules Regulating the Florida Bar, 903 So. 2d 183, 30 Fla. L. Weekly Supp. 359, 2005 Fla. LEXIS 1102, 2005 WL 1115682 (Fla. 2005).

Opinion

PER CURIAM.

The Florida Bar has filed a petition with this Court to amend the Rules Regulating the Florida Bar governing the Basic Skills Course Requirement (BSCR). We have jurisdiction. See art. V, § 15, Fla. Const

BACKGROUND

In 1988, this Court adopted a mandatory basic skills course requirement for all new admittees to The Florida Bar. See Fla. Bar re Amendment to Rules Regulating Fla. Bar, Rule 6-12.1 (Basic Skills Course Requirement), 524 So.2d 634 (Fla.1988). The Court provided the following explanation for the creation of the requirement:

[T]he program serves a significant public purpose by assuring that newly admitted lawyers have an opportunity to begin their legal career with some practical understanding of the practice of law in Florida. The practical lessons learned in this program could not only save client expense, but also assist a new lawyer in avoiding costly and irreversible ' errors ... This program is fully consistent with the philosophy of mandatory continuing legal education, which this Court recently adopted for Florida’s practicing bar and judiciary.

Id. at 634. The rules adopted by the Court provided an exemption from the BSCR for government employees during the duration of their government employment. See id. at 638.1

Under current Rule Regulating the Florida Bar 6-12.3, Requirement, compliance with the BSCR entails the following: (1) completing the Practicing with Professionalism program (PWP) sponsored by the Young Lawyers Division of The Florida Bar (YLD) no sooner than eight months prior to or not later than twelve months following admission to the Bar; and (2) completing two elective, basic, substantive continuing legal education (CLE) programs sponsored by the YLD during the [184]*184Bar member’s initial three-year CLE reporting cycle. Current Rule 6-12.4, Deferment and Exemption, allows, full-time government employees to defer compliance with the BSCR. After a member ceases to be a full-time government employee, rule 6-12.4 affords the member twelve months to attend the PWP, and twenty-four months to complete the three elective YLD courses.

In the instant petition, the Bar proposes amending rules 6-12.3 and 6-12.4 to reflect changes in the PWP and to change the deferral of the BSCR for full-time government employees. The proposals were considered and approved by The Florida Bar Board of Governors. The proposals were published by the Bar and the Court in the January 1, 2004, and the October 1, 2004, editions of The Florida Bar News, respectively, and comments were invited.

ANALYSIS

Having heard oral argument and considered the comments filed, we hereby adopt the Bar’s proposals; however, we modify the proposed amendment to rule 6-12.4 to incorporate the substance of the comment into subdivisions (a) and (e) of the rule. We discuss the more substantive amendments below.

With regard to Rule 6-12.3, Requirement, we amend subdivision (a), Course Components, to codify that the PWP shall be one day in length. We further amend subdivision (a) to increase the required number of basic, elective YLD courses from two to three. We amend subdivision (b), Time for Completion, to allow individuals to complete .the PWP up to twelve months before admission to the Bar.

In its petition, the Bar stated that much of the prior criticism directed toward the PWP was that it contained too much substantive material that was inapplicable to many lawyers’ practices, particularly the practice of government lawyers. The Bar states that by reducing the PWP to one day, the substantive course materials have been eliminated from the course, and the professionalism and ethics portions have been refopused to apply to all new lawyers, regardless of their practice. Because the amount of time that new Bar members spend in a course dedicated to ethics and professionalism has been reduced, we conclude that it is logical to compensate for the time taken out of the PWP by requiring attendance at an additional basic YLD course, where the attorney can select the most relevant subject matter.

We next amend Rule 6-12.4, Deferment and Exemption, to no longer exempt full-time government employees from attending the PWP. However, consistent with the Bar’s recommendation, we adopt a “grandfather clause” that leaves the deferral in place for certain government employees and exempts others from the PWP altogether. The Bar initially proposed that the clause be placed in a comment following the rule; however, pursuant to a request from the Government Lawyers Section of The Florida Bar, and having received no objection from the Bar, we adopt a modified version of the clause in the body of the rule under subdivisions (a), Deferment, and (c), Exemption. As created, new subdivision (a)(1)(E) provides that full-time government employees who were deferred from the PWP requirement at the time of the amendment to the rule continue to be eligible for the deferment as long as they continuously remain in government practice. Under subdivision (c), -those employees who were deferred from the PWP requirement at the time of the amendment to the rule and had already or thereafter served for six years in governmental practice would be granted an exemption from the PWP requirement. As amended, the rule continues to allow [185]*185full-time government employees to defer the requirement under the rules that they attend three basic YLD courses. However, rule 6-12.4 is further amended to completely exempt from the three basic YLD courses Bar members who have been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least six years.

In eliminating the deferral of government employees from the PWP requirement, we find that the Bar has a compelling interest in informing its new members of vital information and explanations necessary for the practice of law in Florida. Further, we conclude that in order for government lawyers to receive the best professionalism training possible, they must hear the views of private sector lawyers. The purpose of the revisions is to foster a community of professionalism that transcends practice area. We agree with the Bar that this community atmosphere would not be complete if newly admitted private and government lawyers were not able to interact with each other.

In the comments and at oral argument, two primary concerns arose regarding the elimination of the deferral of the PWP requirement for government employees. First, although the reduction of the PWP to a one-day course has reduced the cost of attending the PWP from $190 to $135 per person, this is still a significant expenditure for some of the lowest paid attorneys in the profession. Further, many of these new attorneys have substantial student loans. At oral argument, the Bar stated that it has created a number of $75 scholarships to defray the cost of attending the PWP, which it will award to attorneys based on need.2 While we applaud the Bar for taking this step to make attendance at the PWP less of a financial burden for attorneys who serve in government positions, we emphasize the continued importance of exploring options by which it can make attendance at the PWP more affordable.

The second concern raised with regard to the PWP requirement is its relevance to the practice of law by government employees.

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903 So. 2d 183, 30 Fla. L. Weekly Supp. 359, 2005 Fla. LEXIS 1102, 2005 WL 1115682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-rules-regulating-the-florida-bar-fla-2005.