In re Amendments to the Rules Regulating the Florida Bar—Florida Registered Paralegal Program

969 So. 2d 360, 32 Fla. L. Weekly Supp. 712, 2007 Fla. LEXIS 2175, 2007 WL 3377120
CourtSupreme Court of Florida
DecidedNovember 15, 2007
DocketNo. SC06-1622
StatusPublished
Cited by1 cases

This text of 969 So. 2d 360 (In re Amendments to the Rules Regulating the Florida Bar—Florida Registered Paralegal Program) 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—Florida Registered Paralegal Program, 969 So. 2d 360, 32 Fla. L. Weekly Supp. 712, 2007 Fla. LEXIS 2175, 2007 WL 3377120 (Fla. 2007).

Opinion

PER CURIAM.

This matter is before the Court on the petition of The Florida Bar proposing that the Court amend the Rules Regulating the Florida Bar by adopting chapter 20, the Florida Registered Paralegal Program. We have jurisdiction. See art. V, § 15, Fla. Const. We adopt the proposed rules with only minor stylistic changes.

BACKGROUND

The Bar undertook its study of the issue of paralegal certification or registration in 2005 when legislation to institute a regulatory scheme for paralegals was introduced before the Florida Legislature. The Bar opposed the proposed legislation, in part because it believed that any regulation of paralegals should be in the judicial, rather than the legislative, branch. The President of The Florida Bar at the time, Alan [362]*362Bookman, appointed the Special Committee to Study Paralegal Regulation (Committee), to study the status of paralegals in Florida. The Committee had twenty-four members, including four paralegals, three paralegal educators, Representative Juan Zapata (the proponent of one of the bills), and attorneys from various geographic areas and areas of practice in Florida.

After much study and debate and a complete public airing of the issue, including a public hearing in October 2005, The Florida Bar, on August 15, 2006, filed its “Petition to Amend the Rules Regulating the Florida Bar to Add Chapter 20 — Florida Registered Paralegal Program” (hereinafter “petition”). The Board of Governors approved the filing of the petition and unanimously approved the petition’s proposed amendments and actions. The Bar published the instant proposals in The Florida Bar News and posted the proposals on its website. The notice directed readers who wished to comment on the proposals to file their comments directly with the Court after the Bar filed its report.

After the Bar filed its petition, the Court received 103 comments. A large majority of the comments, including two received from paralegal organizations, supported adoption of the proposed rules.1 The paralegal associations that filed comments in support were the Paralegal Association of Florida and the American Alliance of Paralegals, Inc. Most of the positive comments expressed general approval of the proposals, many commenters stating that they believed the proposed rules would help the paralegal profession, would help attorneys, would help the public, or some combination thereof.

Two paralegal organizations were among the fourteen commenters opposing the adoption of the proposed rules. These were the American Institute for Paralegal Studies, Inc. and the South Florida Paralegal Association (SFPA). For the most part, the commenters who opposed the proposed rules did so because they believed that autonomous governance overseen by the Court (rather than The Florida Bar) was the appropriate route to take, the proposed rules presented a conflict of interest, or both.

The Court commends the many members of the paralegal profession and the paralegal organizations who filed comments on both sides of this issue. It is clear from the well-reasoned arguments received that all of the commenters are desirous of establishing high professional standards for the paralegal profession. While we are cognizant that the adoption of chapter 20 does not go as far as some would like, we nevertheless believe this is a first, prudent step toward the desired end. It behooves us to tread with caution in implementing a registration program for professionals who have hitherto been largely self-regulated, so that the efficacy of the program being adopted and its impact on both the legal and paralegal professions can be assessed before any mandatory plan is instituted.

The Court scheduled oral argument and directed the Bar and “any party who filed a timely comment” to submit briefs addressing the issue of whether The Florida Bar and this Court may properly exercise jurisdiction over and regulate nonlawyers who are not engaging in the unlicensed practice of law. The Bar and the SFPA filed jurisdictional briefs. Two individual commenters filed “briefs” adopting the arguments of SFPA.

The Court need not address whether it has jurisdiction to “regulate” the paralegal [363]*363profession because the rules proposed by the Bar that the Court adopts in this opinion do not establish “regulation” of the paralegal profession. Rather, they create a registration program, participation in which is purely voluntary. The Bar urges the Court to approve this voluntary registration plan for members of a profession who perform work that is clearly related to the practice of law. We do so because we believe the program will inure to the benefit of the public in the same way the Florida Rules for Certified and Court-Appointed Mediators inured to the public’s benefit and we are, therefore, comfortable with approving this program. See Fla. R. Med.; Proposed Stds. of Prof'l Conduct for Cert. & Court Appointed Mediators, 604 So.2d 764 (Fla.1992) (adopting mediator certification rules, mediator standards of professional conduct, and disciplinary rules).

DISCUSSION

The new chapter 20 creates the Florida Registered Paralegal Program. It provides for voluntary registration of paralegals who meet certain minimum educational, certification, or work experience criteria and who agree to abide by an established code of ethics in exchange for the ability to refer to themselves as Florida Registered Paralegals.

SUBCHAPTER 20-1 PREAMBLE. Subchapter 20-1 has one rule. Rule 20-1.1, titled “Purpose,” states the purpose of the chapter. It also makes it clear that the chapter is not intended to set forth the duties a paralegal may perform or be deemed relevant in charging or awarding fees for the services rendered by nonlaw-yer employees.

SUBCHAPTER 20-2 DEFINITIONS. Rule 20-2.1, the only rule under subchap-ter 20-2, is the definition section. It defines a “paralegal” to be someone with education, training, or work experience who works under the direction and supervision of a member of the Bar and who performs specifically delegated substantive legal work for which the Bar member is responsible. A “Florida Registered Paralegal” is someone who meets the definition of a paralegal who also meets the requirements for registration set forth in rules 20-3.1 and 20-4.1. The rule also defines “paralegal work experience” and approved paralegal programs.

SUBCHAPTER 20-8 ELIGIBILITY REQUIREMENTS. Rule 20-3.1, the only rule under subchapter 20-3, establishes three alternative ways to qualify as a Florida Registered Paralegal (FRP): (1) by having the prescribed education and experience; (2) by having the prescribed certifications; or (3) by being grandfathered in. The rule also establishes what each of these routes to registration requires of the applicant.

SUBCHAPTER 20-4 REGISTRATION. Rule 20-4.1, the only rule in the subchapter, provides that the Bar will handle registration of FRPs without Court involvement, will promulgate an application form and make it available on its website, and will issue a certificate of registration to paralegals who meet the requirements and properly apply. It also establishes the renewal process and fees.

SUBCHAPTER 20-5 INELIGIBILITY FOR REGISTRATION OR RENEWAL. This subchapter has two rules — rules 20-5.1 and 20-5.2. Rule 20-5.1 provides that some individuals will be ineligible either to register as an FRP or to renew an already-existing registration.

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969 So. 2d 360, 32 Fla. L. Weekly Supp. 712, 2007 Fla. LEXIS 2175, 2007 WL 3377120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-rules-regulating-the-florida-barflorida-registered-fla-2007.