May 1, 2005 Regular News Proposed board actions Proposed board actions Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its June 3 meeting on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court, with further notice and opportunity to be heard, before they are officially approved and become effective. To receive a full copy of the text of any of these proposed amendments call (850) 561-5751 — reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 3 Rules of Discipline Subdivision 3-7 Procedures 1. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal Misconduct Summary: Within subdivision (b) and (c), extends the conclusive proof of guilt provisions regarding felony cases to all criminal cases; within subdivision (c), requires a member of the bar who is arrested on felony charges to give notice of such arrest to the executive director; also requires such notice from the state attorney’s office assigned to the felony case if the defendant is known to be a Florida Bar member. Chapter 4 Rules of Professional Conduct Subchapter 4-1 Client-Lawyer Relationship 2. Rule 4-1.5 Fees for Legal Services (contingent fees) Summary: Consistent with existing commentary language, adds verbiage within subdivision (f)(4)(B)(ii) intended to further clarify the process by which a trial judge should consider an upward departure from an otherwise presumed reasonable fee under the provisions of this rule; discusses the burden of justifying an increased fee placed on both the lawyer and client, and the criteria for judges to consider in reviewing a petition for approval of such a fee. 3. Rule 4-1.8 Conflict of Interest: Prohibited and Other Transactions Summary: Within subdivision (h), adds new language that would permit lawyers to contract with clients to resolve any fee dispute that may arise, through mandatory arbitration; prohibits such arrangements unless the lawyer first advises the affected person in writing of the opportunities of independent representation; sets forth required language for any such attorney-client agreement; proposed as companion to suggested amendments creating new rule 4-1.5(i). Chapter 6 Legal Specialization and Education Programs Subchapter 6-1 Generally 4. Rule 6-1.2 Public Notice Summary: Updates explanation of board certification, for public notice in telephone directory yellow pages. Subdivision 6-4 Standards for Certification of a Board Certified Civil Trial Lawyer 5. Rule 6-4.1 Generally Summary: Incorporates professionalism reference in preamble as to purpose of board certification. 6. Rule 6-4.3 Minimum Standards Summary: Substantial editorial rewrite of rule, with some substantive edits as noted; within subdivision (a), adds competence to substantial involvement criteria; in subdivision (a)(1), increases the active participation practice time from 30 to 50 percent; in subdivision (a)(2), specifies that each of the 15 minimum cases must involve substantial legal or factual issues; identifies matters unacceptable for the 15-case requirement; defines a “day” as at least 6 hours for purposes of this rule; and includes an allowance of 3 substitutions, including evidentiary hearings or preliminary injunctions lasting at least 1 day and involving substantial legal or factual issues – provided that matters submitted as substitutions are adversarial and binding on the parties, with “binding” meaning that parties must honor the court’s decision unless overturned pursuant to law; in subdivision (a)(3)(b), specifies that peer review must be sufficient to confirm competence, ethics, and professionalism; otherwise clarifies throughout that “courts of general jurisdiction” mean circuit courts, federal district courts, or courts of similar jurisdiction in other states. 7. Rule 6-4.4 Recertification Summary: Substantial editorial rewrite of rule with some substantive edits as noted; within subdivision (a), adds competence to substantial involvement criteria and increases active participation practice time from 30 to 50 percent; within subdivision (b)(1), reduces from 3 to 2 the number of contested trials for recertification; specifies that at least 1 trial must be a jury trial and handled by the applicant as lead counsel; references unacceptable trial matters for recertification, from rule 6-4.3(a)(2); allows a creditable non-jury matter to be an evidentiary hearing or preliminary injunction, as defined in rule 6-4.3(a)(2); within subdivision (b)(2), also permits recertification with 1 jury trial as lead counsel lasting a minimum of 10 days, with each day defined as at least 6 hours, in lieu of 2 contested cases; within subdivision (c), would allow the jury trial/lead counsel requirement to be replaced by either teaching or attending an advanced trial advocacy seminar, eliminating the substitution for a non-jury trial; within subdivision (d), specifies that peer review must be sufficient to confirm competence, ethics. and professionalism; otherwise clarifies throughout that “courts of general jurisdiction” mean circuit courts, federal district courts, or courts of similar jurisdiction in other states; revises other subdivision entries as editorially necessary to accommodate these proposed changes. Chapter 10 Definitions Subchapter 10-3 Standing Committee 8. Rule 10-3.1 Generally Summary: Adds recusal provision as new subdivision (b), consistent with current practices and similar revisions proposed for rule 10-4.1 and circuit UPL committee members; adds new subdivision titles for existing text due to insertion of these proposed changes. Subchapter 10-4 Circuit Committees 9. Rule 10-4.1 Generally Summary: Adds recusal provision as new subdivision (g), consistent with current practices and similar revisions proposed for rule 10-3.1 and standing UPL committee members. Chapter 14 Grievance Mediation and Fee Arbitration Subchapter 14-6 Nature and Enforcement of Award 10. Rule 14-6.1 Binding Nature (fee arbitration awards) Summary: Adds, as new subdivision (c), provisions to confirm that a member’s failure to timely pay a fee arbitration award without just cause shall result in the member being delinquent and unauthorized to practice law pursuant to rule 1-3.6; amends subchapter and rule title to reflect this new matter. Chapter 17 Authorized House Counsel Rule Subchapter 17-1 Purpose 11. Rule 17-1.3 Activities Summary: Within subdivision (b), clarifies that authorized house counsel must disclose their status as such in communications with individuals outside the corporation with which the authorized house counsel is registered and certified; provides examples of acceptable disclosure language. Chapter 18 Military Legal Assistance Counsel Rule Subchapter 18-1 Generally 12. Rule 18-1.2 Definitions Summary: Within subdivision (a)(4), expands definition of authorized legal assistance attorney to include persons who also complete a resident military officer basic course which qualifies them to be JAG officers in their particular military service. STANDING BOARD POLICIES 1500 Series – Lawyer Regulation Policies 13. Policy 15.20 Recusal of Board Members Summary: Consistent with proposed changes in policy 15.10, adds language within subdivision (a) to clarify that the president or presiding officer may order recusal of a board member in a disciplinary matter upon concurrence of a majority of the board; further clarifies that a recused member may not participate in any manner of discussions with any member or group of members of the board concerning the matter; adds new language stating that a recused member should not be present when the matter is being debated by the board. SECTION BYLAWS 14. Workers’ Compensation Section Bylaws Summary: Within Article III (Officers) increases the size of the executive council, from 27, to 30 members; revises executive council membership to require at least 15 claimants’ and 15 employers’/carriers’ attorneys; revises the annual terms of office for all officers, to commence on July 1 of each year rather than at the conclusion of the council’s annual meeting; within Article V (Nomination and Election of Officers and Executive Council) increases the number of council members separately nominated by both the council and membership, from 4 to 5; includes other non-substantive editorial or conforming changes throughout; within Article VI (Committees) revises names of “specialization” committee, to “board certification” committee, and “planning” committee to “long range planning” committee. CLIENTS’ SECURITY FUND REGULATIONS 15. Regulation 14 Definition of Useful Services Summary: Revises regulation that states CSF claims “will be denied” if useful services were performed to a claimant, to read that claims “may be denied” in such instances; adds a definition of useful services.
Guyana Jaguars open 20 points lead over now second-placed HurricanesBRIDGETOWN, Barbados (CMC) – Three-time reigning champions Guyana Jaguars have opened up a significant lead at the top of the Regional Four-Day Championship, as the first class competition nears the half-way stage.Their massive innings victory over previously unbeaten Trinidad and Tobago Red Force at the Brian Lara Stadium on Sunday, lifted them to 64.8 points – just over 20 clear of the now second-placed Leeward Islands Hurricanes on 44.6.The result was the Jaguars’ third win in four outings this season and they are now the only unbeaten side in the championship after the fourth round.They were lifted by the return to form of inspirational captain Leon Johnson who stroked 165 while West Indies A star Vishaul Singh carved out his second century in three matches.Hurricanes, unbeaten at the start of the round, suffered a heavy defeat at Warner Park in St Kitts when they went down by 157 runs to the previously win-less Jamaica Scorpions.Though moving up to second, they are just two points clear of Barbados Pride also claimed their maiden win of new season when they crushed Windward Islands Volcanoes by 135 runs at Arnos Vale.Pride, on 42.4 points, have also overhauled Red Force who now lie fourth on 41.8 points.Scorpions are fifth on 36.6 while win-less Volcanoes continue bottom on 18.4.The tournament will take a near two-week break and restart with the fifth round on November 30 when Jaguars host Pride in Georgetown, Scorpions welcome Volcanoes to Kingston and Hurricanes take on Red Force at Warner Park.