THE FLORIDA BAR RE AMENDMENT TO RULES REGULATING THE FLORIDA BAR (CHAPTER 10)
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The Florida Supreme Court approved an amendment to the Rules Regulating The Florida Bar that redefines unlicensed practice of law and permits nonlawyers to provide limited assistance to self-represented litigants, including helping complete court-approved legal forms and providing information on routine administrative procedures.
The Court adopted the Florida Bar's proposed amendment with modifications to clarify that nonlawyers may engage in limited oral communications to assist individuals in completing Supreme Court-approved legal forms by eliciting factual information and explaining how to file such forms, and may provide routine administrative information.
[1] The Supreme Court of Florida may amend rules regulating the practice of law to redefine the unlicensed practice of law.
[2] Nonlawyers may engage in limited oral communications to assist individuals in completing legal forms approved by the Supreme Court of Florida without engaging in the unli…
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Join FLexlaw to unlock all legal intelligence“The bar submits that the new definition will be beneficial by providing better access to the courts while continuing to protect the public from persons not competent to give legal advice.”
Establishes the dual purpose of the amendment: improving access to justice while maintaining public protection
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar petitioned the Court to amend Chapter 10 of the Rules Regulating The Florida Bar regarding unlicensed practice of law. Comments were f…
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PER CURIAM.
The Florida Bar has petitioned this Court to amend chapter 10 of the Rules Regulating The Florida Bar regarding the unlicensed practice of law. The proposed amendments redefine the unlicensed prac tice of law and move that definition to another location within chapter 10. The bar submits that the new definition will be beneficial by providing better access to the courts while continuing to protect the public from persons not competent to give legal advice.
Comments to the proposed amendment have been filed by an attorney representing a class of plaintiffs who wish to dissolve their marriages but who cannot afford a lawyer, who are ineligible for legal aid, who cannot currently be assisted by clerks of court, and who are unable to prepare the required papers by themselves. These comments propose alternative language for the second full sentence of the bar’s amendment and ask that this Court clarify that nonlawyers may tell individuals, for example, the number of copies to be filed, the amount of filing fees, the proper method of payment, the time period before a hearing will be scheduled, and other matters of a routine administrative nature necessary to assure that the matter goes forward. At oral argument the bar’s representative stated that the bar has no objections to these, comments and suggestions.
After considering this matter, we adopt the bar’s proposal, as amended by the comments we have received. We also hold that nonlawyers can give information regarding routine administrative matters. Therefore, rule 10-l.l(b) is added, to read as follows, paragraphs (b) through (d) of rule 10-1.1 are renumbered as paragraphs (c) through (e), and rule 10-7.1(a)(5) is deleted, effective immediately.
(b) Definition of UPL. The unlicensed practice of law, as prohibited by statute, court rule, and case law of the State of Florida. For purposes of this chapter, it shall not constitute the unlicensed practice of law for nonlawyers to engage in limited oral communications to assist individuals in the completion of legal forms approved by the Supreme Court of Florida. Oral communications by non-lawyers are restricted to those communications reasonably necessary to elicit factual information to complete the form(s) and inform the individual how to file such form(s).
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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Rules Regulating THE Florida Bar-Approval OF Forms, 581 So. 2d 902 (Fla. 1991)…r are prohibited and enjoined from giving legal advice and may perform only the functions set out in rule 10-1.1(b), Rules Regulating the Florida Bar, and as expressed in The Florida Bar re Amendment to Rules Regulating The Florida Bar (Chapter 10), 510 So. 2d 596 (Fla.1987). This prohibition, however, is not intended to affect clerks of court in the performance of their duties pursuant to statute or court rule. In addition to the forms, The Florida Bar has prepared instructions for their use. Because local…
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THE Fla. BAR RE Approval OF Forms Pursuant TO Rule 10-1.1(b) OF THE Rules Regulating THE Fla. BAR, 591 So. 2d 594 (Fla. 1991)…01, 902 (Fla.1991). Rule 10-l.l(b) was adopted to provide “better access to the courts while continuing to protect the public from persons not competent to give legal advice.” The Fla. Bar re Amendment to Rules Regulating The Fla. Bar (Chapter 10), 510 So. 2d 596, 597 (Fla.1987). In furtherance of this goal, the Bar has attempted to define those areas amenable to a forms practice and to develop simplified forms for use by nonlaw-yers pursuant to rule 10-l.l(b). The forms developed by the Bar are of a fill-in…
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THE Florida BAR v. Davide, 702 So. 2d 184 (Fla. 1997)…; The Florida Bar v. Retureta-Cabrera, 322 So. 2d 28 (Fla.1975); The Florida Bar re Amendments To Rules Regulating The Florida Bar, Ch. 10, 581 So. 2d 901 (Fla.1991); and The Florida Bar re Amendment To Rules Regulating The Florida Bar (Chapter 10), 510 So. 2d 596 (Fla.1987). III. RECOMMENDATIONS The undersigned Referee recommends that: (1)Respondents Salvatore Davide and Florida Law Center, Inc., be enjoined from the unlicensed practice of law through issuance by the Supreme Court of Florida of a permanen…
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