In re: Amendments to the Rules Regulating the Florida Bar interpretation — Biennial Petition
On The Florida Bar's biennial petition, the Supreme Court adopted most proposed amendments to the Rules Regulating the Florida Bar, effective March 5, 2019, including a significant change to Rule 4-1.5(h) permitting lawyers to pass through to clients the actual credit-plan charge imposed on the lawyer for the client's transaction. The Court declined to adopt the Bar's proposal to make discretionary its mandatory duty under Rule 3-7.2(f) to file a Notice of Determination or Judgment of Guilt upon learning an attorney has been found guilty of a felony, and modified the proposed paralegal-registration category in Rule 20-3.1.
Key facts
- The Florida Bar submitted a biennial petition proposing amendments to the Rules Regulating the Florida Bar, including modifications to fee-charging provisions, attorney discipline reporting requirements, paralegal registration, and continuing legal education standards.
- The trial court adopted most of the Bar's proposed amendments effective March 5, 2019, including permission for lawyers to pass through actual credit-plan charges to clients under Rule 4-1.5(h), but declined to make discretionary the mandatory duty to report felony convictions under Rule 3-7.2(f).
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Why it matters
Every Florida practitioner who bills clients is affected: the amendment to Rule 4-1.5(h) reverses the long-standing bar on surcharging and expressly allows firms to pass the actual credit-card/credit-plan processing… — full analysis with a trial
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