THE FLORIDA BAR IN RE AMENDMENT TO THE CODE OF PROFESSIONAL RESPONSIBILITY
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The Court adopts the Florida Bar's proposed amendment to Disciplinary Rule 2-102(C) of the Code of Professional Responsibility.
The Florida Bar petitioned to amend a disciplinary rule to reflect changes allowing professional associations to enter into partnerships. The proposed…
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PER CURIAM.
This proceeding was initiated by petition of The Florida Bar to amend the Code of Professional-Responsibility. We have jurisdiction under article V, section 15, Florida Constitution.
The Bar proposes that we amend Disciplinary Rule 2-102(C) to conform to recent developments in permissible professional arrangements in law practice. Because it is now possible, under the Bar’s ethical guidelines, for a professional association to enter into a partnership for the practice of law, the Bar deems it advisable that the discipli-, nary rule prohibiting a lawyer from holding himself out as having a partnership with another lawyer cover also the conduct of one who holds himself out as a partner of a professional corporation.
We hereby adopt the following amendment to Disciplinary Rule 2-102(C), effective May 15, 1981. The added words are indicated by underscoring.
DR2-102 Professional Notices, Letterheads, Offices, and Law Lists
(C) A lawyer shall not hold himself out as having a partnership with one or more other lawyers or professional corporations unless they are in fact partners.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
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Hicks v. State, 407 So. 2d 252 (Fla. 5th DCA 1981)…e knowledge or consent of (person alleged) at a time when such structure was not open to the public. Of interest also is the inference, at least, that non-consent is an essential element of burglary, found in the majority opinion in Cladd v. State, 398 So. 2d 442, (Fla.1981) viz: We reject the defendant’s contention that the marriage relationship and the right of consortium deriving therefrom preclude the State from ever establishing the nonconsensual entry requisite to the crime of burglary .... (emphasis…1 / 2
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State v. Suarez-Mesa, 662 So. 2d 735 (Fla. 2d DCA 1995)…ary charge, concluding that Suarez-Mesa had an equal right with his wife to enter and remain on the property because the injunctions did not operate to divest him of his interest in the property. The most relevant case in Florida is Cladd v. State, 398 So. 2d 442 (Fla.1981). In Cladd the court held that a defendant could be guilty of burglary of his estranged wife’s apartment when the defendant was physically but not legally separated from his wife and entered an apartment possessed only by the wife in which…
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Whetstone v. State, 778 So. 2d 338 (Fla. 1st DCA 2000)…The court noted that appellant’s wife paid the rent, and under the facts of the case, she established exclusive possessory interest in the premises. The court concluded appellant could be convicted of burglary under the rationale of Cladd v. State, 398 So. 2d 442 (Fla.1981), and State v. Suarez-Mesa, 662 So. 2d 735 (Fla. 2d DCA 1995), review denied, 669 So. 2d 252 (Fla.1996). At sentencing, the prosecutor presented certified copies of previous judgments and sentences which qualified appellant for sentencing…1 / 2
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