In re: Amendments to Rules Regulating the Florida Bar—Rule 4-8.6

Summary

The Supreme Court of Florida approved amendments to Rule Regulating The Florida Bar 4-8.6 concerning authorized business entities. The amendments add not-for-profit authorized business entities and clarify restrictions on nonlawyer positions, titles, policy-making functions, and direction of legal services. The amendments become effective February 16, 2026, at 12:01 a.m.

Holdings

1. The court amended Rule 4-8.6 as proposed by The Florida Bar, with minor modification, effective February 16, 2026, at 12:01 a.m.
2. As amended, Rule 4-8.6 clarifies that, subject to the exception authorized by rule 4-5.4(f), nonlawyers may not serve in specified positions, use specified titles implying control, or perform policy-making functions in an authorized business entity engaged in the practice of law in Florida; only a person legally qualified to render legal services in Florida may direct the legal services or professional judgment of a Florida lawyer.

Questions Presented

1. Whether Rule Regulating The Florida Bar 4-8.6 should be amended as proposed by The Florida Bar.
2. What restrictions should govern nonlawyers' service in management positions, use of titles, and direction of legal services in authorized business entities engaged in the practice of law in Florida.

Disposition

other