THE FLORIDA BAR. IN RE AMENDMENT TO PROCEDURES FOR RULING ON QUESTIONS OF ETHICS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court approved amendments to the Florida Bar's ethics procedures, adding rules requiring periodic review of staff opinions by the Professional Ethics Committee and providing that advisory ethics opinions cannot serve as the basis for disciplinary proceedings.
Advisory ethics opinions shall not be the basis for disciplinary proceedings, and the Professional Ethics Committee shall have authority to review and overrule staff opinions.
[1] Advisory opinions issued by the Florida Bar's ethics committees are advisory only and shall not form the basis for disciplinary action by grievance committees, referees,…
[2] The Professional Ethics Committee shall establish procedures to monitor staff opinions and may by majority vote overrule or set aside any staff opinion, whether or not ap…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Board of Governors of the Florida Bar petitioned the Court for amendments to the Bar's procedures for ruling on questions of ethics pursuant to Fl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Disciplinary Procedures cases and more on FLexlaw
PER CURIAM.
Pursuant to Florida Bar Integration Rule, article XI, rule 11.13(8), the Board of Governors has petitioned this Court for an amendment to the Bar’s procedures for ruling on questions of ethics. We approve the amendment and add rules 8 and 9 which provide, respectively, for periodic review of staff opinions by the professional ethics committee and that advisory opinions shall not be the basis for disciplinary proceedings.* Rules 8 and 9 shall become effective upon the filing of this opinion.
It is so ordered.
ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, MCDONALD and EHRLICH, JJ., concur. *
The rules read as follows:
Rule 8
A copy of each “staff opinion” shall be furnished to the chairman and each vice chairman of the Professional Ethics Committee, The committee shall establish procedures to monitor such staff opinions, and if appropriate shall recommend changes to the Code of Professional Responsibility. The committee may, by majority vote, overrule or set aside any staff opinion, whether or not appealed, and in such case the committee shall write an opinion in accordance with these rules.
Rule 9
Staff opinions, professional ethics opinions and opinions of the Board of Governors are advisory only and shall not be the basis for action by grievance committees, referees, or the Board of Governors except upon application of the respondent in disciplinary proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Turner v. Dugger, 614 So. 2d 1075 (Fla. 1992)…tions and the instructions as read to the jury to be in writing and filed them with the clerk. Thus, the failure to record any portion of the statements made by the court and the attorneys at the charge conferences is harmless. Songer v. Wainwright, 423 So. 2d 355, 356 (Fla.1982). [*1080] The absence of transcribed bench conferences did not violate the mandate of section 921.141, Florida Statutes (1983), and the fact that bench conferences were not reported did not prejudice the appeal. Morgan v. State, 415 S…
-
Songer v. State, 463 So. 2d 229 (Fla. 1985)…). A petition for habeas corpus alleging ineffective assistance of counsel on his direct appeal and his appeal from resentencing was then filed in this Court. We dismissed the petition and denied the motion for a stay of execution. Songer v. State, 423 So. 2d 355 (Fla.1982) (Songer IV). Appellant then raised his state court claims in a petition for writ of habeas corpus in the federal district court. The petition was denied. Songer v. Wainwright, 571 F.Supp. 1384 (M.D.Fla.1983). The Eleventh Circuit affirme…
-
Smith v. Bateman Graham, P.A., 680 So. 2d 497 (Fla. 1st DCA 1996)…The Florida Bar, provides that “Staff opinions, Professional Ethics Committee opinions, and opinions of the Board of Governors are advisory only ...” (emphasis added). See, The Florida Bar, Amendment to Procedures for Ruling on Questions of Ethics, 423 So. 2d 355 (Fla.1982). Finally, we do not believe that the recent opinion of the Florida Supreme Court in Chandris, S.A v. Yanakakis, 668 So. 2d 180 (Fla.1995), filed by Bateman in the instant appeal as supplemental authority pursuant to Rule 9.210(g), Florid…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence