Summary
The Supreme Court of Florida adopted amendments to Rules Regulating the Florida Bar 4-1.2 and 4-6.6. The amendments address limited-scope representation, including written-consent requirements and relaxed conflict-of-interest screening for lawyers providing short-term limited legal services through qualifying programs.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Florida should adopt the Florida Bar's proposed amendments to Rule 4-1.2 and proposed new Rule 4-6.6.
- Whether the rules governing conflicts of interest and written informed consent should be modified for lawyers providing short-term limited legal services through qualifying programs.
Holdings
- The Court adopted the proposed amendment to Rule 4-1.2 and new Rule 4-6.6 of the Rules Regulating the Florida Bar.
- Under new Rule 4-6.6, a lawyer providing short-term limited legal services through a qualifying nonprofit, court, government agency, bar association, or American Bar Association-accredited law school program is subject to Rules 4-1.7 and 4-1.9(a) only when the lawyer knows the representation involves a conflict, and is subject to Rule 4-1.10 only when the lawyer knows another lawyer associated with the lawyer's firm is disqualified under those conflict rules. Under amended Rule 4-1.2(c), the lawyer need not obtain the client's informed consent to the limited scope of representation in writing.
Key quotations
“New Bar Rule 4-6.6 relaxes application of the conflicts rules 4-1.7 (Conflict of Interest; Current Clients), 4-1.9(a) (Conflict of Interest; Former Client), and 4-1.10 (Imputation of Conflicts of Interest; General Rule) when a lawyer provides limited representation through a nonprofit organization, court, government agency, bar association, or American Bar Association-accredited law school.” (228 So. 3d at 1117)
“The amendments shall become effective November 20, 2017.” (228 So. 3d at 1117)
Factual background
The Florida Bar proposed amending Rule 4-1.2 and adopting new Rule 4-6.6 to regulate short-term limited legal services programs. The proposals were approved by the Bar's Board of Governors and formally published for comment. The Court considered the petition and one supporting comment before adopting the amendments.
Procedural history
The Florida Bar petitioned the Supreme Court of Florida for amendments concerning limited-scope representation and short-term limited legal services programs. The Board of Governors approved the proposals, notice was published in The Florida Bar News, and the Court received one supporting comment from the Florida Project Directors Association. The Court adopted the proposed amendment and new rule, effective November 20, 2017.