USFLSD's Local Rules of Court
Chapter 5
Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys
LAWYER RULE 1 | QUALIFICATIONS FOR ADMISSION
LAWYER RULE 2 | PROCEDURE FOR APPLYING FOR ADMISSION AND PROOF OF QUALIFICATIONS
LAWYER RULE 3 | RETENTION OF MEMBERSHIP IN THE BAR OF THIS COURT
LAWYER RULE 4 | APPEARANCES
(b) Appearance Pro Hac Vice.
(2) Lawyers who are not members of the bar of this Court shall not be permitted to engage in general practice in this District. For purposes of this rule, the filing of more than three motions to appear pro hac vice within a 365-day period in separate representations before the Courts of this District shall be presumed to be a “general practice.” Upon written motion and for good cause shown the Court may waive or modify this prohibition.
(3) The pro hac vice motion shall designate at least one member of the bar of this Court and who is authorized to file through the Court’s electronic filing system, with whom the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served, and who shall be required to electronically file and serve all documents and things that may be filed and served electronically, and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures. The pro hac vice motion must be accompanied by a written statement consenting to the designation, and the address and telephone number of the named designee(s). Upon written motion and for good cause shown the Court may waive or modify the requirements of such designation.
(d) Government Attorneys. Any full-time United States Attorney, Assistant United States Attorney, Federal Public Defender and Assistant Federal Public Defender and attorney employed full time by and representing the United States government, or any agency thereof, and any Attorney General and Assistant Attorney General of the State of Florida may appear and participate in particular actions or proceedings on behalf of the attorney’s employer in the attorney’s official capacity without petition for admission. Any attorney so appearing is subject to all rules of this Court.
LAWYER RULE 5 | STUDENT PRACTICE
(b) Student Requirements. An eligible student must:
(2) have completed at least four semesters of legal studies or the equivalent or, for Bankruptcy Clinical Placement Program students seeking to practice in Bankruptcy Court, at least two semesters of legal studies or the equivalent;
(3) have knowledge of the Federal Rules of Civil and Criminal Procedure and of Evidence, and the Code of Professional Responsibility;
(4) be enrolled for credit in a law school clinical program which has been certified by the Court;
(5) be certified by the Dean of the law school, or the dean’s designee, as being of good character and sufficient legal ability, and as being adequately trained, in accordance with paragraphs (1)—(4) above, to fulfill his or her other responsibilities as a legal intern to both his or her client and the Court;
(6) be certified by the Court to practice pursuant to this Rule;
(7) neither ask for nor receive any compensation or remuneration of any kind for the student’s services from the person on whose behalf the student renders services, but this shall not prevent a lawyer, legal aid bureau, law school, public defender agency, or the state from paying compensation to the eligible law student (nor shall it prevent any agency from making such charges for its services as it may otherwise properly require).
(2) must be certified by the Court;
(3) must be conducted in such a manner as not to conflict with normal Court schedules;
(4) must be under the direction of a member or members of the regular or adjunct faculty of the law school;
(5) must arrange for the designation and maintenance of an office in this District to which may be sent all notices which the Court may from time to time have occasion or need to send in connection with this Rule or any legal representation provided pursuant to this Rule.
(2) be a member in good standing of the bar of this Court;
(3) be certified by the Court as a student supervisor;
(4) be present with the student when required by the Court;
(5) co-sign all pleadings or other documents filed with this Court;
(6) assume full personal professional responsibility for a student’s guidance in any work undertaken and for the quality of a student’s work, and be available for consultation with represented clients;
(7) assist the student in his preparation to the extent the supervising attorney considers it necessary.
(B) Certification to appear in a particular case may be withdrawn by the Court at any time, in the discretion of the Court, and without any showing of cause. Notice of termination may be filed with the Clerk of the Court.
(B) Certification of a program may be withdrawn by the Court at the end of any academic year without cause, or at any time, provided notice stating the cause for such withdrawal is furnished to the law school dean.
(B) Certification of a supervising attorney may be withdrawn by the Court at the end of any academic year without cause, or at any time upon notice and a showing of cause;
(C) Certification of a supervising attorney may be withdrawn by the dean at any time by mailing of notice to that effect to the Clerk of the Court;
(D) Any Judge of this Court retains the authority to withdraw or limit a supervising attorney’s participation in any individual case before the Judge.
(2) The Board of Governors of The Florida Bar shall fix the standards by which indigency is determined under this Rule upon the recommendation of the largest voluntary bar association located in the state judicial circuit in which this program is implemented.
(3) In addition, an eligible law student may engage in other activities, under the general supervision of a member of the bar of this Court, but outside the personal presence of that lawyer, including:
(B) preparation of briefs, abstracts and other documents to be filed in appellate courts, but such documents must be signed by the supervising attorney;
(C) except when the assignment of counsel in the matter is required by any constitutional provision, statute or rule of this Court, assistance to indigent inmates of correctional institutions or other persons who request such assistance in preparing applications for and supporting documents for post-conviction relief. If there is an attorney of record in the matter, all such assistance must be supervised by the attorney of record, and all documents submitted to the Court on behalf of such a client must be signed by the attorney of record;
(D) each document or pleading must contain the name of the eligible law student who has participated in drafting it. If the student participated in drafting only a portion of it, that fact may be mentioned.
LAWYER RULE 6 | COMMITTEE ON ATTORNEY ADMISSIONS, PEER REVIEW, AND ATTORNEY GRIEVANCE
(b) Purpose. Subject to the direction of the Court, the Committee shall have the authority and perform the functions assigned by these Rules and shall otherwise assist the Court in the implementation and evaluation of these Rules. The Committee may under no circumstances initiate and investigate such matters without prior referral by the Court.
(2) Attorney Discipline. The other primary function of the Committee shall be to conduct investigations of alleged misconduct of any attorney — whether a member of the Bar of this Court or not; to conduct and preside over disciplinary hearings when appropriate and as hereinafter provided; and to submit written findings and recommendations for appropriate action by the Court, except as otherwise described herein.
(B) Discipline. Discipline for misconduct defined in these Rules may consist of (1) disbarment, (2) suspension, (3) reprimand, (4) monetary sanctions, (5) removal from this Court’s roster of attorneys eligible for practice before this Court, or (6) any other sanction the Court may deem appropriate.
(C) Court’s Retention of Inherent Power. Nothing contained in these Rules shall be construed to deny the Court its inherent power to maintain control over the proceedings conducted before it or to deny the Court those powers derived from statute, rule, or procedure. When alleged attorney misconduct is brought to the attention of the Court, whether by a Judge of the Court, any lawyer admitted to practice before the Court, any officer or employee of the Court, the Supreme Court of Florida, or otherwise, the Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition; refer the matter to the Committee; or take any other action the Court deems appropriate. These procedures are not mutually exclusive.
(b) whose acts or omissions may violate the Standards for Professional Conduct (See Rule 6(b)(2)(A)).
(2) Investigation and Proceedings. Promptly after receipt of such a referral the Chairperson of the Committee shall select an Investigative Committee consisting of at least three members of the Committee. The Investigative Committee may request that the attorney meet with it informally to explain the circumstances which gave rise to the referral and may conduct such inquiries as it deems appropriate. Following the initial inquiry, the Investigative Committee shall report its findings and recommendations to the Committee and the Committee may, at its discretion, further investigate, including but not limited to having the attorney appear before the Committee. If the Committee determines that additional investigation is not warranted the Committee shall document the findings in writing and close the investigation. No further action shall be taken unless the Court takes exception to the findings. Upon closing a matter the Chairman shall notify the referring Judge, Chief Judge, Clerk of Court, and the attorney. Otherwise the matter shall proceed to peer review or disciplinary proceedings as further described in subsections (A) and (B) below.
ii. If the attorney objects to the Committee’s findings or recommendations, the attorney shall have the right to, within fourteen (14) days of receipt of the Committee’s findings and recommendations, serve a written response seeking revision or revocation of, or suggesting alternatives to, the findings or proposed recommendations. The Committee shall consider the attorney’s response and thereafter shall issue its final Report and Recommendation to the Court.
iii. The Committee is authorized to monitor the attorney’s progress to ensure that it is consistent with the Court’s Order adopting the Committee’s Report and Recommendation, in whole or in part, and may make such interim reports or periodic reports relative to its activities as requested by the Court. Upon completion of the Committee’s activities in respect to each attorney referred by the Court, the Committee may file and serve a supplemental Report and Recommendation to the Court. The Supplemental Report and Recommendation shall include documentation as to the Committee’s evaluation, testing, or other appropriate means used to determine whether the attorney has attained an adequate level of competency or if the attorney fails to achieve an adequate level of competency within a reasonable time. If the Committee finds that the attorney has not complied with the Court’s order and there is a substantial likelihood that the attorney’s continued practice of law may result in serious harm to the attorney’s clients, the Committee may undertake disciplinary proceedings pursuant to section (B), infra.
(2) its proposed recommendations as to the disciplinary measures to be applied by the Court.
iii. If the attorney does not serve a written response within fourteen (14) days, the Committee shall file and serve its Report and Recommendation with the Court, noting that the attorney failed to respond, and shall apply to the Court for the issuance of an order requiring the attorney to show cause within fourteen (14) days after service of that order why the attorney should not be disciplined.
iv. If the attorney serves a written response and requests a hearing, the Committee may, in its discretion, hold a hearing. If no hearing is requested, the Committee shall review the response and make a final Report and Recommendation to the Court. If the attorney fails to appear at the hearing, then the Committee shall take the steps outlined in subsection (B)(iii), supra. If the attorney does appear for the hearing, the attorney shall be entitled to be represented by counsel, to present witnesses and other evidence on his or her behalf, and to confront and cross examine witnesses against the attorney. The attorney does not have the right to confront or cross examine members of the Court or members of the Committee. The disciplinary proceedings before the Committee shall be guided by the Federal Rules of Evidence. The Committee may call the accused attorney as a witness to make specific and complete disclosure of all matters material to the charge of misconduct unless the attorney asserts a privilege or right properly available to the attorney under applicable federal or state law. Upon the conclusion of the hearing, the Committee shall file and serve a final Report and Recommendation to the Court.
v. Upon receipt of the Committee’s final Report and Recommendation, the Chief Judge shall issue an order requiring the attorney to show cause within fourteen (14) days why the Committee’s final Report and Recommendation should not be adopted by the Court. The Chief Judge may, after considering the attorney’s response, by majority vote of the active District Judges thereof, adopt, modify, or reject the Committee’s findings that misconduct occurred, and may either impose those sanctions recommended by the Committee or fashion whatever penalties provided by the rules which it deems appropriate.
(4) Timing. Within one hundred and eighty (180) days of receipt of the referral, unless additional time is requested for good cause, the Committee must have submitted its final Report and Recommendation to the Court, setting forth, inter alia, the procedures undertaken and under which rule; what standards of professional conduct have been violated, if any, or competency questioned; recommendations as to remedial or disciplinary measures to be applied; and a recommendation regarding the next steps that the Court should take. The Committee shall include its findings of fact as to the charges of misconduct, recommendations as to whether or not the accused attorney should be found guilty of misconduct justifying disciplinary actions by the Court, and recommendations as to the disciplinary measures to be applied by the Court. The Report and Recommendation shall be accompanied by a transcript of the proceedings before the Committee, all pleadings, and all evidentiary exhibits.
(5) Interim Restrictions on Practice. If the Committee finds that there is a substantial likelihood that the attorney’s continued practice of law may result in serious harm to the attorney’s clients pending completion of an investigation, it may recommend that the Court limit or otherwise impose appropriate restrictions on the attorney’s continued practice in the District Court.
(e) Obligation to Cooperate With Committee. Any member of the bar of this Court, who is referred to the Committee for any reason shall regard it to be an obligation as an officer of this Court to cooperate fully with the Committee, which constitutes an official arm of the Court. Any failure to cooperate and/or to meet any deadline imposed by the rules, the Committee, or the Court, without good cause shown, will be reported to the Chief Judge and recorded in the records of the Committee and may constitute separate grounds for suspension or disbarment.
(f) Confidentiality. All matters referred to the Committee, all information in the possession of the Committee and all recommendations or other actions taken by the Committee are matters relating to the administration of the Court and shall be confidential, and shall be disclosed only by order of the Court. Correspondence, records and all written material coming to the Committee shall be retained in an office designated by the Court and are documents of the Court and shall be kept confidential unless the Court directs otherwise. No statement made by the attorney to the Committee shall be admissible in any action for malpractice against the attorney, nor shall any part of the Committee’s investigative files be admissible in such proceedings. No statement made by the attorney to the Committee shall be admissible in any 28 U.S.C. §2255 collateral attack for incompetency of counsel in a criminal case, nor shall any part of the Committee’s investigative files be admissible in proceedings under 28 U.S.C. §2255. Likewise, any information given by a client of the attorney to the Committee shall be privileged to the same extent as if the statements were made by the client to the attorney.
(g) Notice. All referrals, orders, and recommendations shall be provided to the Chief Judge, referring judge, attorney, and the Clerk of Court, unless otherwise specified. Any resulting orders shall be served in accordance with Rule 16.
LAWYER RULE 7 | ATTORNEYS CONVICTED OF CRIMES
(c) A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based on the conviction.
(d) Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Court may, in addition to suspending that attorney in accordance with the provisions of this Rule, also refer the matter to the Committee for institution of disciplinary proceedings in which the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded.
(e) An attorney suspended under the provisions of this Rule will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceedings then pending against the attorney, the disposition of which shall be determined by the Committee on the basis of all available evidence pertaining to both guilt and the extent of the discipline to be imposed.
LAWYER RULE 8 | DISCIPLINE IMPOSED BY OTHER COURTS
(b) Upon the filing of a certified copy of a judgment or order demonstrating that an attorney admitted to practice before this Court has been disciplined by another court as described above, this Court may refer the matter to the Committee for a recommendation for appropriate action, or may issue a notice directed to the attorney containing:
(2) An order to show cause directing that the attorney inform this Court, within thirty (30) days after service of the order to show cause of any claim by the attorney predicated upon the grounds set forth in subsection (e), infra, that the imposition of identical discipline by the Court would be unwarranted and the reasons therefor.
(d) After consideration of the response called for by the order issued pursuant to subsection B, supra, or after expiration of the time specified in that order, the Court may impose the identical discipline or may impose any other sanction the Court may deem appropriate.
(e) A final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purpose of a disciplinary proceeding in this Court, unless the attorney demonstrates and the Court is satisfied that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears that:
(2) there was such an infirmity of proof establishing misconduct as to give rise to the clear conviction that this Court could not, consistent with its duty, accept as final the conclusion on that subject; or
(3) the imposition of the same discipline by this Court would result in grave injustice; or
(4) the misconduct established is deemed by this Court to warrant substantially different discipline.
LAWYER RULE 9 | DISCIPLINE ON CONSENT, RESIGNATION, OR INACTIVE STATUS IN OTHER COURTS
(b) An attorney admitted to practice before this Court who shall be suspended or disbarred on consent, resign, or placed on inactive status with the bar of any other court of the United States or the District of Columbia, or from the bar of any state, territory, commonwealth, or possession of the United States while an investigation into allegations of misconduct is pending shall, upon the filing with this Court of a certified copy of the judgment or order accepting such suspension or disbarment on consent, resignation, or inactive status, cease to be permitted to practice before this Court and be stricken from the roll of attorneys admitted to practice before this Court until further order of the Court.
(c) Any attorney who has resigned from or been placed on inactive status with The Florida Bar while an investigation into allegations of misconduct is pending shall inform the Clerk of the Court within thirty (30) days. Upon receipt of notice of such action, the attorney’s ability to practice before this Court shall be administratively suspended and the attorney may not resume practice before this Court until they certify that they are an active attorney in good standing with The Florida Bar. There is no inactive status other than for government attorneys in this Court. An attorney may resign from the bar of this Court by notifying the Clerk of Court in writing and only if the attorney is in good standing, is not counsel of record in an active case, and is not subject to any disciplinary proceedings. Upon receipt of the notice of resignation, the attorney will be ineligible to practice in this Court and must reapply for admission pursuant to Rule 2 of these rules. Upon the death of an attorney representing any party in an action or proceeding, the attorney’s ability to practice before this Court shall be administratively suspended and the attorney’s member status in CM/ECF shall be changed to “deceased.”
LAWYER RULE 10 | DISCIPLINE ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION
(2) the attorney is aware that there is a presently pending investigation or proceeding involving allegations that there exist grounds for the attorney’s discipline the nature of which the attorney shall specifically set forth;
(3) the attorney acknowledges that the material facts so alleged are true; and
(4) the attorney so consents because the attorney knows that if charges were predicated upon the matters under investigation, or if the proceeding were prosecuted, the attorney could not successfully defend themself.
(c) The order suspending or disbarring the attorney on consent shall be a matter of public record. However, the affidavit required pursuant to the provisions of this Rule shall not be publicly disclosed or made available for use in any other proceeding except upon order of this Court.
LAWYER RULE 11 | INCAPACITY
LAWYER RULE 12 | REINSTATEMENT
(b) Time of Application Following Disbarment/Suspension. An attorney who has been disbarred after hearing or consent may not apply for reinstatement until the expiration of at least three (3) years from the effective date of disbarment. An attorney who has been suspended for more than ninety (90) days may not apply for reinstatement until expiration of the suspension or in the case of reciprocal discipline, upon proof that the attorney has been reinstated by the court in which the attorney was disciplined.
(c) Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney under this Rule shall be filed with the Chief Judge of this Court. If the disciplinary action was reciprocal, the Chief Judge may rule on the petition or submit it to the active Judges of the Court to be determined by majority vote. If the disciplinary action originated in this Court then it shall be submitted to the active Judges of the Court and determined by majority vote. Prior to submitting the petition to the active Judges of the Court, the Chief Judge may refer the petition to the Committee which shall within sixty (60) days of the referral schedule a hearing at which the petitioner shall have the burden of establishing by clear and convincing evidence that the attorney has the moral qualifications, competency, and learning in the law required for admission to practice before this Court and that the attorney’s resumption of the practice of law will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive of the public interest. Upon completion of the hearing the Committee shall make a full report to the Court. The Committee shall include its findings of fact as to the petitioner’s fitness to resume the practice of law and its recommendations as to whether or not the petitioner should be reinstated.
(d) Conditions of Reinstatement. If after consideration of the Committee’s Report and Recommendation the Court finds that the petitioner is unfit to resume the practice of law, the petition shall be dismissed. If after consideration of the Committee’s Report and Recommendation the Court finds that the petitioner is fit to resume the practice of law, the Court shall reinstate the attorney, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and on the making of partial or complete restitution to all parties harmed by the petitioner whose conduct led to the suspension or disbarment. Provided further, that if the petitioner has been suspended or disbarred for five (5) years or more, reinstatement may be conditioned, in the discretion of the Court, upon the furnishing of proof of competency and learning in the law, which proof may include certification by the bar examiners of a state or other jurisdiction of the attorney’s successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. Provided further that any reinstatement may be subject to any conditions which the Court in its discretion deems appropriate.
(e) Successive Petitions. No petition for reinstatement under this Rule shall be filed within three (3) years following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person.
(f) Deposit for Costs of Proceeding. Petitions for reinstatement under this Rule shall be accompanied by a deposit in an amount to be set by the Court in consultation with the Committee to cover anticipated costs of the reinstatement proceeding.
LAWYER RULE 13 | DUTIES OF THE CLERK WITH RESPECT TO CONVICTIONS OR DISCIPLINE BY OTHER COURTS
(b) Upon being informed that an attorney admitted to practice before this Court has been subjected to discipline by another court, the Clerk of the Court shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this Court, and, if not, the Clerk of the Court shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order, file it with this Court, and serve it upon the attorney.
(c) Whenever it appears that any person who has been convicted of any crime or disbarred or suspended or censured or disbarred on consent by this Court is admitted to practice law in any other jurisdiction or before any other court, this Court shall, within fourteen (14) days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certificate of the conviction or a certified or exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, as well as the last known office and residence addresses of the disciplined attorney.
(d) The Clerk of the Court shall, likewise, promptly notify the National Discipline Bank operated by the American Bar Association of any order imposing public discipline on any attorney admitted to practice before this Court.
LAWYER RULE 14 | ATTORNEYS SPECIALLY ADMITTED
LAWYER RULE 15 | APPOINTMENT OF COUNSEL
LAWYER RULE 16 | SERVICE OF PAPER AND OTHER NOTICES
You might need to reference it during your pursuit of justice.
For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
