THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR-CHAPTER 10
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The Florida Supreme Court approved an amendment to Rule 10-1.1(b) of the Rules Regulating the Florida Bar to permit nonlawyers to assist individuals in completing court-approved legal forms, provided they make specific disclosures and restrict their assistance to factual information gathering and filing instructions. This amendment clarifies what constitutes the unlicensed practice of law while protecting the public through required disclosure statements.
The Court approved the amendment to Rule 10-1.1(b), which permits nonlawyers to provide limited oral communications to assist in completing Supreme Court-approved legal forms, restricted to eliciting factual information and explaining filing procedures, with mandatory disclosure statements identifying the nonlawyer and defining the scope of permissible assistance.
[1] Nonlawyers may provide limited oral assistance to individuals in completing legal forms approved by the Supreme Court of Florida.
[2] Oral communications by nonlawyers assisting in form completion are restricted to eliciting factual information and explaining filing procedures.
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Join FLexlaw to unlock all legal intelligence“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 a person in the completion of a legal forms approved by the Supreme Court of Florida. Oral communications by nonlawyers are restricted to those communications reasonably necessary to elicit factual information to complete the form(s) and inform the individual person how to file such the form(s).”
Establishes the core permission for nonlawyer assistance and its strict limitations
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar submitted a request to amend Rule 10-1.1(b) to establish a framework allowing nonlawyers to provide limited assistance in completing S…
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PER CURIAM.
In conjunction with the submission of standard forms which will be made available to the public, Rules Regulating the Florida Bar—Approval of Forms, Rule 10-1.1(b), 581 So. 2d 902 (Fla.1991), The Florida Bar requests an amendment to rule 10-1.1(b), Rules Regulating The Florida Bar. The proposed amendment requires a disclosure statement by nonlawyers who assist in preparing legal forms and requires a declaration of the limitation of such persons’ authorized involvement in preparing the forms. The proposed amendment is reasonable and is approved. Rule 10-1.1(b) is amended to read as follows:
(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 a person in the completion of a legal forms approved by the Supreme Court of Florida. Oral communications by nonlawyers are restricted to those communications reasonably necessary to elicit factual information to complete the form(s) and inform the individual person how to file such the form(s).
The following language shall appear on any form completed pursuant to this rule:
This form was completed with the assistance of: Name
Address
Telephone Number
Before a nonlawyer assists a person in the completion of a form in the manner set forth in this rule, the nonlawyer shall provide the person with a copy of a disclosure. A copy of the disclosure, signed by both the nonlawyer and the person, shall be given to the person to retain and the nonlawyer shall keep a copy in the person's file. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability. The disclosure shall contain the following provisions:
(Name) told me that he/she is not a lawyer and may not give legal advice or represent me in court.
(Name) told me that he/she may only help me fill out a form approved by the Supreme Court of Florida. (Name) may only help me by asking me questions to fill in the form. (Name) may also tell me how to file the form.
(Name) told me that he/she is not an attorney and cannot tell me what my rights or remedies are or how to testify in court.
__ I can read English.
_ I cannot read English but this notice was read to me by (Name) in (Language).
This amendment will be effective immediately upon the filing of this opinion.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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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)…rson being assisted is “restricted to those communications reasonably necessary to elicit factual information to complete the form and inform the person how to file the form.” The Fla. Bar re Amendments to Rules Regulating The Fla. Bar — Chapter 10, 581 So. 2d 901, 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), 51…
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THE Florida BAR v. Davide, 702 So. 2d 184 (Fla. 1997)…); The Florida Bar v. Schramek, 616 So. 2d 979 (Fla.1993); The Florida Bar v. Peake, 364 So. 2d 431 (Fla.1978); 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.,…
Authorities Cited
- Rules Regulating THE Florida Bar-Approval OF Forms, 581 So. 2d 902 (Fla. 1991)