IN THE MATTER OF THE FLORIDA BAR, PETITIONER. IN RE AMENDMENTS TO ARTICLE XVI OF THE INTEGRATION RULE OF THE FLORIDA BAR

Fla. | 1974-07-17
No. 45561
ADKINS, C. J., and ROBERTS, ERVIN, BOYD, McCAIN, DEKLE and OVERTON, JJ„ concur.
297 So. 2d 304 Florida Supreme Court (1974)

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Synopsis

The Florida Supreme Court approved amendments to Article XVI of the Integration Rule of The Florida Bar to clarify and simplify procedures for investigating unauthorized practice of law. The amendments establish a hierarchical committee structure with a Standing Committee and Circuit Committees to handle complaints and investigations.


Holding

The Court approved the amendments to Article XVI, Sections 2 and 3(a), which became effective August 1, 1974, establishing a two-tiered committee structure with a Standing Committee supervising Circuit Committees that receive complaints and conduct preliminary investigations.


Headnotes

[1] The Florida Bar, as an official arm of the Court, is charged with investigating matters pertaining to the unauthorized practice of law.

[2] The Board of Governors of The Florida Bar shall establish a Standing Committee on Unauthorized Practice of Law and at least one Circuit Committee in each judicial circuit…

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Key Quotes

“The Florida Bar, as an official arm of this Court, is charged with the duty of investigating matters pertaining to the unauthorized practice of law.”

Establishes the fundamental authority and responsibility of The Florida Bar regarding unauthorized practice investigations

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Facts & Procedural History

The Florida Bar petitioned the Court to amend sections of the Integration Rule governing unauthorized practice of law investigations. The amendments r…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for consideration the petition of The Florida Bar seeking to amend certain provisions of the Integration Rule of The Florida Bar. The suggested amendments are to Article (Rule) XVI, Sections 2 and 3(a) and clarify and simplify procedures in unauthorized practice of law investigations. Appended to this order are the amendments to these sections of the Integregation Rule of The Florida Bar which are hereby approved and shall become effective and be controlling as to the affected sections after 12:01 a. m., August 1, 1974. This revision shall supersede all conflicting rules. Adopted and approved by the Court on the 17th day of July, A.D.

1974.

It is so ordered.

ADKINS, C. J., and ROBERTS, ERVIN, BOYD, McCAIN, DEKLE and OVERTON, JJ„ concur. APPENDIX AMENDMENTS TO ARTICLE XVI OF THE INTEGRATION RULE OF THE FLORIDA BAR RULE 16.2 2. The Florida Bar, as an official arm of this Court, is charged with the duty of investigating matters pertaining to the unauthorized practice of law. The Board of Governors of The Florida Bar shall establish a Standing Committee on Unauthorized Practice of Law and shall establish not less than one (1) Unauthorized Practice of Law Committee in each judicial circuit. The Standing Committee shall supervise and be responsible for each of the Circuit Committees. The Circuit Committees shall receive complaints and conduct preliminary investigations of reported unauthorized practices. The membership, appointment, terms, officers, oath, removal, quorum and vote of each such committee shall be in accordance with the provisions of subsections (c) through (h), inclusive, of Rule 11.03(2) in Article XI of this Rule. RULE 16.3(a); 3. (a) It shall be the duty of each Circuit Committee to investigate, with dispatch, all reports of the unauthorized practice of law, and to make prompt written report of its investigation and findings to the Standing Committee on Unauthorized Practice of Law. It shall be the duty of the Standing Committee to receive and evaluate the Circuit Committee report and make its findings and recommendations to the Board of Governors. The Board of Governors shall receive and evaluate Committee reports and determine whether or not a complaint should be filed against any alleged offender. All such complaints shall be by written petition filed in this Court by The Florida Bar and in its name.


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