Supreme Court hands down Bar rules opinion

first_img Supreme Court hands down Bar rules opinion Mark D. Killian Managing Editor The Supreme Court recently amended Bar rules to include a statement that a disciplinary resignation is equivalent to disbarment and to provide a limited exemption from reporting misconduct found by staff lawyers with the Bar Law Office Management Assistance Service.Acting on the Bar’s annual rules package — which was filed in February 2000 — the court also adopted a new rule regarding non-Florida lawyers appearing in Florida courts, but remanded for further study a proposal on how to deal with non-Florida lawyers engaged in mediation or arbitration within the state. Case No. SC00-273.The court said all but one comment filed in response to the rules package addressed a proposed amendment which would have eliminated the deferral of the Basic Skills Course Requirement for government attorneys. After reviewing the comments opposing that amendment, the Bar withdrew the proposal in order to allow for discussion with the opponents to that amendment.The remaining substantive proposed changes include amendment to or the creation of the following rules, bylaws and subchapters: Rule 1-3.2 (Membership Classifications); Rule 1-3.5 (Retirement); Rule 1-3.7 (Reinstatement to Membership); new Rule 1-3.10 (Appearances by Non-Florida Lawyers); Rule 1-7.3 (Membership Fees); Subchapter 2-1 (Seal, Emblems, and Publicity Symbols); Bylaw 2-1.2 (Publicity Symbol); Bylaw 2-1.3 (Usage); Bylaw 2-7.3 (Creation of Sections and Divisions); Rule 3-5.1 (Types of Discipline; Generally); Rule 3-7.1 (Confidentiality); Rule 3-7.4 (Grievance Committee Procedures); Rule 3-7.10 (Reinstatement and Readmission Procedures); Rule 3-7.12 (Disciplinary Resignation from The Florida Bar); Rule 4-1.5 (Fees for Legal Services); Rule 4-8.3 (Reporting Professional Misconduct); Rule 4-8.4 (Misconduct); Rule 6-3.2 (Certification Committees); new Rule 6-3.7 (Emeritus Specialist Status); Rule 6-3.10 (Fees); Rule 6-10.3 (Minimum Continuing Legal Education Standards); Rule 6-12.1 (Basic Skills Course Requirement); Rule 6-12.2 (Administration); Rule 6-12.3 (Basic Skills Course Standards); new Rule 6-12.3 (Requirement); new Rule 6-12.4 (Deferment and Exemption); Rule 6-12.4 (Noncompliance and Sanctions); Rule 10-4.1 (UPL Circuit Committees; Generally); Rule 10-7.2 (Proceedings for Indirect Criminal Contempt); and Rule 10-9.1 (Procedures for Issuance of Advisory Opinions on UPL). The full text of the opinion can be found online at www.flcourts.org.The court adopted new Rule 1-3.10 (Appearances by Non-Florida Lawyers). This rule contains provisions formerly found in subdivision (a) of Rule 1-3.2, plus new provisions. The court said the new rule is similar to recently adopted Florida Rule of Judicial Administration 2.061, concerning foreign attorneys. Consistent with modifications to proposed Rule 2.061, the court modified Rule 1-3.10 to remove references to the term “pro hac vice.” Subdivision (a)(2) of Rule 1-3.10 prohibits “a general practice before Florida courts” which is considered “more than 3 appearances within a 365-day period in separate and unrelated representations.” Subdivisions (a)(3) and (a)(4) specifically prohibit appearances by inactive, suspended, or former members of The Florida Bar, or those sanctioned during prior appearance under the rule. Subdivision (b) prescribes the content of a verified motion filed under the rule.The court also added language to subdivision (b)(4), which clarifies that the only requests to be admitted to practice which must be disclosed in the verified motion are those made to a Florida court.“We reject the Bar’s recommendation to amend Rule 3-4.1 at this time,” the court said. “Under this proposed amendment, non-Florida lawyers would be placed on the same footing as a member of The Florida Bar by being subject to the Rules Regulating The Florida Bar, including the Rules of Professional Conduct, for any unethical conduct that might occur during the course of the representation.”The court said because it is not clear how the conduct of non-Florida lawyers who are appearing in mediation or arbitration in Florida without being admitted under Bar rules can be regulated by the court, the justices remanded the matter to the Bar for further consideration.The court, however, adopted the Bar’s proposed amendments to Rules 3-7.12 and 3-5.1(j) so as to include the following language:“Disciplinary resignation is the functional equivalent of disbarment in that both sanctions terminate the license and privilege to practice law and both require readmission to practice under the Rules of the Supreme Court Relating to Admissions to the Bar.”The court also added language to Rule 3-5.1(f) that holds, “Disbarment is the presumed sanction for lawyers found guilty of theft from a lawyer’s trust account or special trust fund received or disbursed by a lawyer as guardian, personal representative, receiver, or in a similar capacity such as a trustee under a specific trust document. A respondent found guilty of such theft shall have the opportunity to offer competent, substantial evidence to rebut the presumption that disbarment is appropriate.”The court also amended Rule 4-8.3 (Reporting Professional Misconduct) to provide a limited exception for the Bar’s Law Office Management Assistance Service. The exception states that a lawyer acting on behalf of LOMAS “shall not have an obligation to disclose knowledge of the conduct of another member of The Florida Bar that raises a substantial question as to the other lawyer’s fitness to practice, if the lawyer employed by or acting on behalf of LOMAS acquired the knowledge while engaged in a LOMAS review of the other lawyer’s practice.” If the LOMAS review is conducted as a part of a disciplinary sanction, however, the limitation is not applicable and the LOMAS lawyer is required to report the finding.The court also created new Rule 6-3.7 to create an emeritus specialist status to recognize the contribution of a Board Certified Lawyer in the advancement of the speciality area through related career activities that do not constitute the actual practice of law.The rule states that to seek emeritus specialist status the lawyer shall:• Be currently board certified by The Florida Bar.• Be a member of The Florida Bar in good standing.• No longer be engaged in the practice of law.• Otherwise comply with the applicable rules and policies governing emeritus specialist status. March 1, 2001 Managing Editor Regular News Supreme Court hands down Bar rules opinionlast_img read more

Legislators thank CUs, address new legislation Wednesday at CUNA GAC

first_img Legislators from both sides of the aisle spoke to the CUNA Governmental Affairs Conference (GAC) audience Wednesday morning before an afternoon of credit union visits on Capitol Hill. As if to underscore the importance of those visits, Rep. Katie Porter (D-Calif.) announced during her remarks that she would introduce a bill with important credit union governance modernizations.The Board Governance Modernization Act would modify the Federal Credit Union Act requirement that credit union boards meet once a month to not more than six times per year.Porter, who previously taught consumer protection at UC-Irvine and is a member of the House Financial Services Committee, said she is committed to finding ways to allow credit unions to continue to advance communities they serve.“What I’ve seen again and again is how important it is that families have access to sustainable financial services, and credit unions are so well positioned to fulfill that role,” she said. “I see it every day in my district…we need to make sure in Congress that we are listening to credit unions, listening to our constituents who are members of credit union members and making sure we’re enacting legislation that allows credit unions to thrive and provide needed services.” ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr continue reading »center_img Rep. Katie Porter (D-Calif.) announces the introduction of her credit union governance modernization bill Wednesday at CUNA GAC. (CUNA Photo)last_img read more

Home on the mountain range has breathtaking 180 degree views that have to be “seen to be believed”

first_img905e Main Western Rd, Tamborine Mountain.Mrs Swain said when she has guests over they start at one end of the property and gradually make their way through. “We start in the alfresco in the morning and we end at the pool by the end of the day.“We can follow the sun right through the house.”While the home oozes sophistication with a flair of Asian influence, the backyard is the real show stopper. 905e Main Western Rd, Tamborine Mountain.Mrs Swain described the property as something you have to see to believe. “Every day the views are just a little bit different,” she said.“The cloud formations over the valley in the morning makes it feel like you’re waking up and looking out of a plane window.” 905e Main Western Rd, Tamborine Mountain.Inspired by Mrs Swain’s childhood in Malaysia, the home embraces tranquillity, nature and, as she describes, inner peace. More from news02:37Purchasers snap up every residence in the $40 million Siarn Palm Beach North6 hours ago02:37International architect Desmond Brooks selling luxury beach villa1 day agoRaw materials are showcased in the interiors with stone, timber and glass. Soaring 3m ceilings and wide hallways create a sense of space. 905e Main Western Rd, Tamborine Mountain.A fish pond surrounds the alfresco area while a larger pond creates a garden feature. “It has a contemporary Asian style,” Mrs Swain said. “When we were designing it, our brief to the builders was to have a home with a view from every room. “It had to be free-flowing but still private and most of all the home had to have multiple areas to entertain our guests.” 905e Main Western Rd, Tamborine Mountain.“We live on a bit of a cliff hanger, the backyard ends and then drops down to the valley,” she said.“I always tell my husband he should have been a landscape architect because he has created a magnificent space out of the land.” 905e Main Western Rd, Tamborine Mountain.The 4.815ha property commands a 180- degree mountain range view and is situated 435m above sea level. “Driving home is the best part — it has been more of a retreat for Richard and I,” Mrs Swain said. 905e Main Western Rd, Tamborine Mountain.THE view from this mountain home is guaranteed to take your breathe away. Ballet teacher Suzanne Swain and her husband Richard bought the block in 2010. Two years later the couple created a home that isn’t just surrounded by nature, but brings it inside. “We were previously living at Sanctuary Cove and we loved it there but we were craving nature,” Mrs Swain said.“When we found the block we fell in love with the views.” last_img read more

Digna Strautmane named ACC Rookie of the Week for second-straight week

first_img Published on February 5, 2018 at 4:30 pm Contact Billy: [email protected] | @Wheyen3 Facebook Twitter Google+ Freshman forward Digna Strautmane, in a week when Syracuse (17-7, 5-6 Atlantic Coast) didn’t win, picked up ACC Rookie of the Week honors for the second-straight week.It’s the third time this season that Strautmane has received the accolade. It’s also the third-straight week that a Syracuse freshman took home rookie of the week honors since Amaya Finklea-Guity won the award two weeks ago.The Orange was unable to overcome Virginia Tech or No. 4 Louisville at home, but Strautmane led SU in scoring in both contests. Against the Hokies she put up 20 points and added five rebounds. On Sunday against the Cardinals, Strautmane dropped 22 points to go along with four assists and two blocks.The 6-foot-2 forward from Riga, Latvia, has now scored in double-figures in five-straight games. Among ACC freshman, Strautmane ranks fourth with her 10.4 points per contest.Strautmane also places on the national leaderboard in blocks per game. Her 2.08 blocks per game puts her 45th in the country. It also places second in the ACC behind Virginia’s Felicia Aiyeotan, a 6-foot-9 sophomore.AdvertisementThis is placeholder text Commentslast_img read more