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litigationlawyertrialtrustlegal ethicsprosecutorarbitrator

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In re Amendments to the Rules Regulating The Florida Bar, 933 So.2d 417 (Mem), 31 Fla. L. Weekly S195, 31 Fla. L. Weekly S453

Facts

The Florida Bar's Special Committee reviewed the American Bar Association Model Rules of Professional Conduct and proposed amendments to the Florida Bar's rules to enhance public protection and uphold the legal profession's core values. The Board of Governors of The Florida Bar approved the proposals, which included amendments to various rules and the introduction of new rules. The court received comments from interested parties and held oral arguments before making its decision.

The Florida Bar's Special Committee to Review the American Bar Association Model Rules 2002 (Committee) studied changes in the American Bar Association Model Rules of Professional Conduct and compared them with the existing Rules Regulating the Florida Bar.

Issue

Whether the proposed amendments to the Rules Regulating the Florida Bar should be adopted, and if so, in what form.

Whether the proposed amendments to the Rules Regulating the Florida Bar should be adopted, and if so, in what form.

Rule

The court applied principles of legal ethics and professional conduct, considering the need for public protection and the integrity of the legal profession while evaluating the proposed amendments.

The court applied principles of legal ethics and professional conduct, considering the need for public protection and the integrity of the legal profession while evaluating the proposed amendments.

Analysis

The court analyzed the proposed amendments in light of the comments received and the oral arguments presented. It modified certain proposals to better align with the ABA model rules, particularly regarding client consent and the duties to prospective clients. The court also rejected some proposals that were deemed unnecessary or contradictory to existing rules.

After considering the relevant comments filed and holding oral argument, the Court adopts The Florida Bar's proposals, except as follows.

Conclusion

The court adopted the amendments to the Rules Regulating the Florida Bar with specified modifications, and these amendments will take effect on May 22, 2006.

Accordingly, the Court adopts the amendments to the Rules Regulating the Florida Bar as set forth in the appendix to this opinion.

Who won?

The Florida Bar prevailed in the case as the court adopted most of its proposed amendments, affirming the Bar's efforts to update and improve the rules governing legal practice in Florida.

The Bar proposes amendments to the Preamble to Chapter 4 and rules 4–1.1 (Competence), 4–1.2 (Objectives and Scope of Representation), 4–1.3 (Diligence), 4–1.4 (Communication), 4–1.5 (Fees and Costs for Legal Services), 4–1.6 (Confidentiality of Information), 4–1.7 (Conflict of Interest; General Rule), 4–1.8 (Conflict of Interest; Prohibited and Other Transactions), 4–1.9 (Conflict of Interest; Former Client), 4–1.10 (Imputed Disqualification; General Rule), 4–1.11 (Successive Government and Private Employment), 4–1.12 (Former Judge or Arbitrator), 4–1.13 (Organization as Client), 4–1.16 (Declining or Terminating Representation), 4–1.17 (Sale of Law Practice), 4–2.1 (Adviser), 4–2.3 (Evaluation for Use by Third Persons), 4–3.1 (Meritorious Claims and Contentions), 4–3.2 (Expediting Litigation), 4–3.3 (Candor Toward the Tribunal), 4–3.6 (Trial Publicity), 4–3.7 (Lawyer as Witness), 4–3.8 (Special Responsibilities of a Prosecutor), 4–3.9 (Advocate in Nonadjudicative Proceedings), 4–4.1 (Truthfulness in Statements to Others), 4–4.2 (Communication with Person Represented by Counsel), 4–4.3 (Dealing with Unrepresented Persons), 4–4.4 (Respect for Rights of Third Persons), 4–5.1 (Responsibilities of a Partner or Supervisory Lawyer), 4–5.3 (Responsibilities Regarding Nonlawyer Assistants), 4–5.4 (Professional Independence of a Lawyer), 4–5.6 (Restrictions on Right to Practice), 4–8.1 (Bar Admission and Disciplinary Matters), 4–8.3 (Reporting Professional Misconduct), 4–8.4 (Misconduct), and 5–1.1 (Trust Accounts).

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