(Chapter 4, Rules Regulating The Florida Bar)
On This Page
I. Issue
II. Bar Position
III. Background
IV. Facts and Statistics
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I. Issue
On January 1, 1987, the Code of Professional Responsibility ceased to govern lawyers in Florida. The Code was replaced by the Rules of Professional Conduct, which is Chapter 4 of the Rules Regulating The Florida Bar.
The new Florida rules, patterned after the American Bar Association (ABA) Model Rules of Professional Conduct but stricter in many instances, provide updated ethical standards for attorney behavior and the structure for regulating conduct. Attorneys who violate the rules are subject to disciplinary proceedings brought by the Bar with penalties imposed by the Supreme Court of Florida. Advantages of the new rules include: • Greater clarity, therefore promoting greater understanding of professional standards; improving ease of access for the average practitioner and offering a more definite framework for disciplinary procedures. • Guidance in many matters not addressed in the Code of Professional Responsibility.
New Rules of Discipline (Chapter 3, Rules Regulating The Florida Bar), which took effect at the same time as the Rules of Professional Conduct and amended further March 16, 1990, allow the Bar to publicly acknowledge complaints against attorneys after the Bar has formally filed a complaint against an attorney with the Supreme Court of Florida (cases received before March 17, 1990) and after grievance committee or staff disposition, including dismissals (cases after March 16, 1990). The Bar will be able to acknowledge that fact by citing the attorney's name, the nature of the complaint and the status of the case. Previously, before January 1, 1987, such information was usually released only after the Supreme Court issued the discipline order -- often months or years after the formal complaint was filed. The new discipline rules also increase the disbarment period from