Rules Regulating the Florida Bar

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(I’d suggest doing a page for The Rules of the Supreme Court Regulating Bar Admission, as it’s the set of rules that applies to the people I represent. This is a great outline, but the majority of it doesn’t apply to Bar applicants)

Once you become admitted to the Florida Bar, you are held to conduct requirements that are set out in The Rules Regulating the Florida Bar. The rules are extremely important to understand for those who have become licensed to practice law in Florida, because these rules are expected to be followed by all lawyers that practice in Florida. If they are not followed, disciplinary action may be pursued by The Florida Bar. On this page we give you Rule 4 governing professional conduct after admission to the Florida Bar. 

We invite you to peruse the set of rules, as the comments to each rule can provide further useful information/clarification. Please visit the Florida Bar’s webpage to review the complete set of rules, where you have the option of reviewing by chapter or reviewing the entire set: https://www.floridabar.org/rules/rrtfb/ 

What Are The Rules Regulating the Florida Bar? 

The Rules Regulating the Florida Bar are a set of guidelines for Florida lawyers. These rules provide clear direction as far as how an attorney should practice law ethically, and their responsibilities as a lawyer. These rules were enacted by the Supreme Court of Florida and must be followed to avoid disciplinary action.  

Chapter 4 of the Rules Regulating the Florida Bar 

Rule 4-1 Client-Lawyer Relationship

Rule 4-1 clarifies how an attorney should behave when representing a client, handling their case, and communicating with clients in general. 

Rule 4-1.1 Competence

Key Points: 

  • Legal knowledge and skill 
  • Thoroughness and preparation 
  • Maintaining competence

Rule 4-1.2 Objectives and Scope of Representation

Key Points: 

  • Lawyer to abide by client’s decision
  • No endorsement of client’s views or activities 
  • Limitation of objectives and scope of representation
  • Criminal or fraudulent conduct
  • Allocation of authority between client and lawyer 
  • Independence from client’s views or activities
  • Agreements limiting scope of representation
  • Criminal, fraudulent, and prohibited transactions

Rule 4-1.3 Diligence

Key Points:

A lawyer is expected to be diligent and prompt when representing a client

Rule 4-1.4 Communication

Key Points:

  • Communicating with client
  • Informing client of representation
  • Duty to explain matters to client
  • Withholding information

Rule 4-1.5 Fees and Costs For Legal Services

Key Points:

  • Illegal, Prohibited, or Clearly Excessive Fees and Costs.
  • Factors to Be Considered in Determining Reasonable Fees and Costs
  • Consideration of All Factors.
  • Enforceability of Fee Contracts
  • Duty to Communicate Basis or Rate of Fee or Costs to Client and Definitions
  • Contingent Fees
  • Division of fees between lawyers in different firms
  • Credit plans
  • Arbitration clauses
  • Terms of payment
  • Prohibited contingent fees
  • Contingent fee regulation
  • Division of fee
  • Disputes over fees
  • Referral fees and practices
  • Credit plans

Rule 4-1.6 Confidentiality of Information

Key Points:

  • Consent required to reveal information
  • When attorney must reveal information
  • When attorney may reveal information
  • Exhaustion of appellate remedies
  • Inadvertent disclosure of information
  • Limitation of amount of disclosure

Rule 4-1.7 Conflict of Interest (current clients)

Key Points:

  • Representing adverse interests
  • Informed consent
  • Explanation to clients
  • Attorneys related by blood, adoption, or marriage
  • Representation of insured

Rule 4-1.8 Conflict of Interest (prohibited and other transactions)

Key Points:

  • Business transactions with of acquiring interest to clients
  • Using information to disadvantage of client
  • Gifts to attorney or attorney’s family
  • Acquiring literary or media rights
  • Financial assistance to client
  • Compensation by third party
  • Settlement of claims for multiple clients
  • Limiting liability for malpractice
  • Acquiring proprietary interest in cause of action
  • Representation of insured

Rule 4-1.9 Conflict of Interest (former client)

Rule 4-1.10 Imputation of Conflicts of Interest (general rule)

Key Points:

  • Imputed disqualification of all attorneys in firm
  • Former clients of newly associated lawyer
  • Representing interests adverse to clients of formerly associated attorney
  • Waiver of conflict
  • Government attorneys

Rule 4-1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees

  • Representation of private client by former public officer or employee
  • Representation by another member of the firm
  • Use of confidential government information.
  • Limited on participation of public officer or employee
  • Matter defined

Rule 4-1.13 Organization as Client

Key Points: 

  • Representation of organization
  • Violations by officers of employees of organization
  • Resignation as counsel for organization
  • Identification of client
  • Representing directors, officers, employees, members, shareholders, or other constituents of organization

4-1.14 Client with Diminished Capacity

Key Points: 

  • Maintenance of normal relationship
  • Proactive action
  • Confidentiality

4-1.15 Safekeeping Property

4-1.16 Declining or Terminating Representation

Key Points: 

  • When attorney must decline or terminate representation
  • When withdrawal is allowed
  • Compliance with order of tribunal
  • Protection of client’s interest

4-1.17 Sale of Law Practice

Key Points: 

  • Sale of law practice of area of practice as an entity
  • Notice to clients
  • Court approval required
  • Client objections
  • Consummation of sale
  • Existing fee contracts controlling

4-1.18 Duties to Prospective Client

Key Points:

  • Prospective client definition
  • Confidentiality of information
  • Subsequent representation
  • Permissible representation

4-1.19 Collaborative Law Process in Family Law

Key Points:

  • Duty to explain process to client
  • Written agreement required
  • Duty to address domestic violence

Rule 4-2 Counselor

In Rule 4-2, the role of attorney as a counselor is defined. Lawyers should take into consideration the use of professional judgment when giving advice. 

4-2.1 Advisor

Key Points:

  • Scope of advice
  • Offering advice

4-2.2 Open/Vacant for future rule amendments

4-2.3 Evaluation by Use by Third Persons

Key Points:

  • When attorney may provide evaluation
  • Limitation on scope of evaluation
  • Maintaining client confidence
  • Duty to third person
  • Access to and disclosure of information
  • Financial auditors’ requests for information

4-2.4 Attorney Serving as Third-party Neutral

Key Points:

  • Definition
  • Communication with unrepresented parties

Rule 4-3 Advocate Rule

Rule 4-3 defines the role of a lawyer as an advocate. An attorney should use the procedure of law for the benefit of the client, while not overextending the law.

4-3.1 Meritorious Claims and Contentions

4-3.2 Expediting Litigation

4-3.3 Candor Toward the Tribunal

Key Points:

  • False evidence; duty to disclose
  • Criminal or fraudulent conduct
  • Ex parte proceedings 
  • Extent of attorney’s duties
  • Representations by an attorney
  • Misleading legal arguments
  • Remedial measures
  • Refusing to offer proof believed to be false
  • Ex parte proceedings

4-3.4 Fairness to Opposing Party and Counsel

4-3.5 Impartiality and Decorum of the Tribunal

Key Points:

  • Influencing decision maker
  • Communication with judge or official
  • Disruption of tribunal
  • Communication with jurors

4-3.6 Trial Publicity

Key Points:

  • Prejudicial extrajudicial statements prohibited
  • Statements of third parties

4-3.7 Attorney as Witness

Key Points: 

  • When lawyer may testify
  • Other members of law firm as witnesses

 

4-3.8 Special Responsibilities of a Prosecutor

4-3.9 Advocate in Non Adjudicative Proceedings

Rule 4-4 Transactions With Persons Other Than Clients

Rule 4-4 clarifies how attorneys should act when dealing with non-clients. 

4-4.1 Truthfulness in Statements to Others

Key Points:

  • Misrepresentation
  • Statements of fact
  • Crime or fraud by client

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

Rule 4-5 Law Firms And Associations

Rule 4-5 explains the responsibilities of law firm and law association employees.

4-5.1 Responsibilities of Partners, Managers, and Supervisory Attorneys

Key Points:

  • Duties concerning adherence to rules of professional conduct
  • Supervisory lawyer’s duties
  • Responsibility for rules violations

4-5.2 Responsibilities of a Subordinate Attorney

Key Points:

  • Rules of professional conduct apply
  • Reliance on supervisor’s opinion

4-5.3 Responsibilities Regarding Nonlawyer Assistants

Key Points:

  • Use of titles by nonlawyer assistants
  • Supervisory responsibility
  • Ultimate responsibility of lawyer

4-5.4 Professional Independence of a lawyer

Key Points:

  • Sharing fees with nonlawyers
  • Qualified pensions plans
  • Partnership with nonlawyer
  • Exercise of independent professional judgment
  • Nonlawyer ownership of authorized business entity
  • Nonlawyer governance of not-for-profit authorized business entity

4-5.5 Unlicensed Practice of Law; Multijurisdictional Practice of Law

Key Points:

  • Practice of law
  • Prohibited conduct
  • Authorized temporary practice by lawyer admitted in another United States Jurisdiction
  • Authorized temporary practice by lawyer admitted in a non-United States jurisdiction

4-5.6 Restrictions on Right to Practice

4-5.7 Responsibilities Regarding Non Legal Services

Key Points:

  • Services not distinct from legal services
  • Services distinct from legal services
  • Services by non legal entity
  • Effect of disclosure of nature of service
  • The potential for misunderstanding 
  • Providing non legal services that are not distinct from legal services

4-5.8 Procedures for Attorneys Leaving Law Firms and Dissolution of Law Firms

Key Points:

  • Contractual relationship between law firm and clients
  • Right of client to counsel of choice
  • Contact with clients
  • Form for contact with clients
  • Unresponsive clients

Rule 4-6 Public Service

Rule 4-6 covers the responsibility of a lawyer in regards to public service.

4-6.1 Pro bono public service

Key Points:

  • Professional responsibility
  • Discharge of the professional responsibility to provide pro bono legal service to the poor
  • Collective discharge of the professional responsibility to provide pro bono legal service to the poot
  • Reporting requirement
  • Credit toward professional responsibility in future years
  • Out of state members of the bar

4-6.2 Accepting Appointments

4-6.3 Membership in Legal Services Organization

4-6.4 Law Reform Activities Affecting Client Interests

4-6.5 Voluntary Pro Bono Plan

Key Points:

Purpose

Standing committee on pro bono legal service

Circuit pro bono committees

Pro bono service opportunities

4-6.6 Short-term Limited Legal Services Programs

Rule 4-7 Information About Legal Services

Rule 4-7 covers advertising for lawyers.

Rules 4-7.1 through 4-7.10 are open/vacant for future amendments.

4-7.11 Application of Rules

Key Points:

Type of media

Attorneys

Referral Services

Attorneys admitted in other jurisdictions

4-7.12 Required Content

Key Points:

  • Name and office location
  • Referrals
  • Languages used in advertising
  • Legibility

4-7.13 Deceptive and Inherently Misleading Advertisements

Key Points:

  • Material omissions
  • Implied existence of nonexistent fact
  • Predictions of success
  • Past results
  • Comparisons
  • Characterization of skill, experience reputation, or record
  • Areas of practice
  • Dramatizations
  • Implying attorney will violate rules of conduct or law
  • Testimonials
  • Florida bar approval of ad or lawyer
  • Judicial, executive, and legislative titles
  • Implication of association or affiliation with another attorney or law firm

4-7.14 Potentially Misleading Advertisements

4-7.15 Unduly Manipulative or Intrusive Advertisements

4.-7.16 Presumptively Valid Content

Key Points:

  • Attorneys and law firms
  • Lawyer referral services and qualifying providers

4-7.17 Payment for Advertising and Promotion

Key Points:

  • Payment by other lawyers
  • Payment for referrals

4-7.18 Direct Contact With Prospective Clients

Key Points:

  • Solicitation
  • Written communication
  • Permissible contact
  • Prior professional relationship
  • Disclosing where the lawyer obtained information
  • Group of prepaid legal services plans

Rule 4-8 Maintaining The Integrity Of the Profession

Rule 4-8 clarifies how to handle negative behaviors of licensed lawyers and others within the judicial system. It also covers acts that are not allowed for those applying for admission.

4-8.1 Bar Admission and Disciplinary Matters

4-8.2 Judicial and Legal Officials

Key Points: 

  • Impugning qualifications and integrity of judges or other officers
  • Candidates for judicial office; code of judicial conduct applies

4-8.3 Reporting Professional Misconduct

Key Points:

  • Reporting misconduct of other attorneys
  • Reporting misconduct of judges
  • Confidences preserved
  • Limited exception for florida bar established law practice management program

4-8.5 Jurisdiction

4-8.6 Authorized Business Entities

Key Points:

  • Practice of law limited to members of The Florida Bar
  • Qualifications of managers, directors, and officers
  • Violation of statute or rule
  • Disqualification of shareholder, member, proprietor, or partner; severance of financial interests
  • Cessation of legal services
  • Application of statutory provisions
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