Supreme Court of Florida

____________

No. SC2024-0032

____________

IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA 

BAR – CHAPTER 4.

August 29, 2024

PER CURIAM.

The Florida Bar has filed a petition proposing amendments to 

the following portions of Chapter 4 of the Rules Regulating The 

Florida Bar (rules): Preamble: A Lawyer’s Responsibilities; rule 4-1.1 

(Competence); rule 4-1.3 (Diligence); rule 4-1.6 (Confidentiality of 

Information); rule 4-5.1 (Responsibilities of Partners, Managers, and 

Supervisory Lawyers); rule 4-5.3 (Responsibilities Regarding 

Nonlawyer Assistants); rule 4-7.13 (Deceptive and Inherently 

Misleading Advertisements); rule 4-7.15 (Unduly Manipulative or 

Intrusive Advertisements); and rule 4-8.6 (Authorized Business 

Entities).1 The Florida Bar’s Board of Governors approved the 

1. We have jurisdiction. See art. V, § 15, Fla. Const.; see also 

R. Regulating Fla. Bar 1-12.1. 
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proposed amendments, and the Bar published the proposed 

amendments for comment in The Florida Bar News. No comments 

were received.

Having considered the Bar’s petition, we adopt the 

amendments to the Rules Regulating The Florida Bar proposed by 

the Bar, except for its proposal to delete references to “zeal” and 

“zealous” in the Preamble to Chapter 4 and in the comment to rule 

4-1.3. We also decline to adopt the proposed amendments to rule 

4-8.6 to require individuals who are subject to an emergency 

suspension or indefinite suspension over 91 days to sever 

employment with or financial interests in authorized business 

entities. 

As to the amendments proposed to the Preamble and rule 

4-1.3, the Bar proposes deleting the terms because “the 

contemporary, plain language use of and reference to zeal are often 

associated with negative extremist behavior and character,” and 

because the terms have been used by lawyers to justify 

unprofessional conduct. But the public meaning of the terms has 

changed little since we first adopted the Preamble and rule 4-1.3, 

and we have made it abundantly clear that zealous advocacy on 
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behalf of a client is not an excuse for any type of misconduct under 

the rules. See, e.g., Fla. Bar v. Schwartz, 382 So. 3d 600, 611 (Fla. 

2024) (stating that “the requirement of providing zealous 

representation is not a sword to wield as an excuse to otherwise 

engage in misconduct”); Fla. Bar v. Norkin, 132 So. 3d 77, 90 (Fla. 

2013) (“Effective and zealous representation does not require 

antagonistic or acrimonious behavior.” (quoting the Guidelines for 

Professional Conduct)).

As to the amendments proposed to rule 4-8.6(e), the Bar 

proposes requiring an individual subject to an emergency or other 

indefinite suspension lasting 91 days or longer to sever employment 

with and financial interests in an authorized business entity. The 

rule currently applies to individuals with suspensions lasting 91 

days or longer who have been found guilty of committing 

misconduct and are suspended as part of the discipline for those 

findings. With emergency or indefinite suspensions, there is no 

such finding of guilt and the suspension is not related to a finding 

of guilt. Individuals suspended under these provisions may not yet 

have had the opportunity to defend themselves against pending 
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discipline allegations. Because of this distinction, we decline to 

adopt the Bar’s proposed amendments to rule 4-8.6(e).

In addition to various grammatical changes, we amend the 

Comments to rules 4-1.1, 4-1.6, 4-5.1, and 4-5.3, adding a warning 

about the necessity to take care in using generative artificial 

intelligence. We also amend rules 4-7.13 and 4-7.15 to allow for 

testimonials of a celebrity who is a current or former client, so long 

as the testimonial otherwise complies with the rules. 

Accordingly, we amend the Rules Regulating The Florida Bar 

as reflected in the appendix to this opinion. New language is 

indicated by underscoring; deletions are indicated by struckthrough type. The amendments shall become effective October 28, 

2024.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules Regulating The Florida Bar

Roland Sanchez-Medina, Jr., President, Rosalyn Sia Baker-Barnes, 

President-elect, Joshua E. Doyle, Executive Director, and Elizabeth 
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Clark Tarbert, Division Director, Lawyer Regulation, The Florida 

Bar, Tallahassee, Florida,

for Petitioner
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APPENDIX

RULE 4-1.1. COMPETENCE

[No Change]

Comment

Legal knowledge and skill

[No Change]

Thoroughness and preparation

[No Change]

Maintaining competence

To maintain the requisite knowledge and skill, a lawyer should 

keep abreast of changes in the law and its practice, engage in 

continuing study and education, including an understanding of the 

benefits and risks associated with the use of technology, including 

generative artificial intelligence, and comply with all continuing 

legal education requirements to which the lawyer is subject.

RULE 4-1.6. CONFIDENTIALITY OF INFORMATION

(a) – (f) [No Change] 

Comment

The lawyer is part of a judicial system charged with upholding 

the law. One of the lawyer’s functions is to advise clients so that 

they avoid any violation of the law in the proper exercise of their 

rights.

This rule governs the disclosure by a lawyer of information 

relating to the representation of a client during the lawyer’s 

representation of the client. See rule 4-1.18 for the lawyer’s duties 
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with respect to information provided to the lawyer by a prospective 

client, rule 4-1.9(c) for the lawyer’s duty not to reveal information 

relating to the lawyer’s prior representation of a former client, and 

rules 4-1.8(b) and 4-1.9(b) for the lawyer’s duties with respect to the 

use of confidential information to the disadvantage of clients and 

former clients.

A fundamental principle in the client-lawyer relationship is 

that, in the absence of the client’s informed consent, the lawyer 

must not reveal information relating to the representation. See 

terminology for the definition of informed consent. This contributes 

to the trust that is the hallmark of the client-lawyer relationship. 

The client is thereby encouraged to seek legal assistance and to 

communicate fully and frankly with the lawyer even as to 

embarrassing or legally damaging subject matter. The lawyer needs 

this information to represent the client effectively and, if necessary, 

to advise the client to refrain from wrongful conduct. Almost 

without exception, clients come to lawyers in order to determine 

their rights and what is, in the complex of laws and regulations, 

deemed to be legal and correct. Based on experience, lawyers know 

that almost all clients follow the advice given, and the law is upheld.

The principle of confidentiality is given effect in 2 related 

bodies of law, the attorney-client privilege (which includes the work 

product doctrine) in the law of evidence and the rule of 

confidentiality established in professional ethics. The attorney-client 

privilege applies in judicial and other proceedings in which a lawyer 

may be called as a witness or otherwise required to produce 

evidence concerning a client. The rule of client-lawyer 

confidentiality applies in situations other than those where evidence 

is sought from the lawyer through compulsion of law. The 

confidentiality rule applies not merely to matters communicated in 

confidence by the client but also to all information relating to the 

representation, whatever its source. A lawyer may not disclose 

confidential information except as authorized or required by the 

Rules Regulating The Florida Bar or by law. However, none of the 

foregoing limits the requirement of disclosure in subdivision (b). 

This disclosure is required to prevent a lawyer from becoming an 
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unwitting accomplice in the fraudulent acts of a client. See also 

Scope.

The requirement of maintaining confidentiality of information 

relating to representation applies to government lawyers who may 

disagree with the policy goals that their representation is designed 

to advance.

Authorized disclosure

[No Change]

Disclosure adverse to client

[No Change]

Withdrawal

[No Change]

Dispute concerning lawyer’s conduct

[No Change]

Disclosures otherwise required or authorized

[No Change]

Detection of Conflicts of Interest

[No Change]

Acting Competently to Preserve Confidentiality

Paragraph (e) requires a lawyer to act competently to 

safeguard information relating to the representation of a client 

against unauthorized access by third parties and against 

inadvertent or unauthorized disclosure by the lawyer or other 

persons who are participating in the representation of the client or 

who are subject to the lawyer’s supervision. See rules 4-1.1, 4-5.1 

and 4-5.3. For example, a lawyer should be aware that generative 

artificial intelligence may create risks to the lawyer’s duty of 

confidentiality. The unauthorized access to, or the inadvertent or 

unauthorized disclosure of, information relating to the 
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representation of a client does not constitute a violation of 

paragraph (e) if the lawyer has made reasonable efforts to prevent 

the access or disclosure. Factors to be considered in determining 

the reasonableness of the lawyer’s efforts include, but are not 

limited to, the sensitivity of the information, the likelihood of 

disclosure if additional safeguards are not employed, the cost of 

employing additional safeguards, the difficulty of implementing the 

safeguards, and the extent to which the safeguards adversely affect 

the lawyer’s ability to represent clients (e.g., by making a device or 

important piece of software excessively difficult to use). A client may 

require the lawyer to implement special security measures not 

required by this rule or may give informed consent to forgo security 

measures that would otherwise be required by this rule. Whether a 

lawyer may be required to take additional steps to safeguard a 

client’s information in order to comply with other law, for example 

state and federal laws that govern data privacy or that impose 

notification requirements on the loss of, or unauthorized access to, 

electronic information, is beyond the scope of these rules. For a 

lawyer’s duties when sharing information with nonlawyers outside 

the lawyer’s own firm, see the comment to rule 4-5.3.

When transmitting a communication that includes information 

relating to the representation of a client, the lawyer must take 

reasonable precautions to prevent the information from coming into 

the hands of unintended recipients. This duty, however, does not

require that the lawyer use special security measures if the method 

of communication affords a reasonable expectation of privacy. 

Special circumstances, however, may warrant special precautions. 

Factors to be considered in determining the reasonableness of the 

lawyer’s expectation of confidentiality include the sensitivity of the 

information and the extent to which the privacy of the 

communication is protected by law or by a confidentiality 

agreement. A client may require the lawyer to implement special 

security measures not required by this rule or may give informed 

consent to the use of a means of communication that would 

otherwise be prohibited by this rule. Whether a lawyer may be 

required to take additional steps in order to comply with other law, 

for example state and federal laws that govern data privacy, is 

beyond the scope of these rules.
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Former client

[No Change]

RULE 4-5.1. RESPONSIBILITIES OF PARTNERS, MANAGERS, 

AND SUPERVISORY LAWYERS

(a) Duties Concerning Adherence to Rules of Professional 

Conduct. A partner in a law firm, and a lawyer who individually or 

together with other lawyers possesses comparable managerial 

authority in a law firm, shallmust make reasonable efforts to ensure 

that the firm has in effect measures giving reasonable assurance 

that all lawyers therein conform to the Rules of Professional 

Conduct.

(b) Supervisory Lawyer’s Duties. Any lawyer having direct 

supervisory authority over another lawyer shallmust make 

reasonable efforts to ensure that the other lawyer conforms to the 

Rules of Professional Conduct.

(c) Responsibility for Rules Violations. A lawyer shall beis

responsible for another lawyer’s violation of the Rules of 

Professional Conduct if:

(1) – (2) [No Change] 

Comment

Subdivision (a) applies to lawyers who have managerial 

authority over the professional work of a firm. See terminology. This 

includes members of a partnership, the shareholders in a law firm 

organized as a professional corporation, and members of other 

associations authorized to practice law; lawyers having comparable 

managerial authority in a legal services organization or a law 

department of an enterprise or government agency, and lawyers 

who have intermediate managerial responsibilities in a firm. 

Subdivision (b) applies to lawyers who have supervisory authority 

over the work of other lawyers in a firm.
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Subdivision (a) requires lawyers with managerial authority 

within a firm to make reasonable efforts to establish internal 

policies and procedures designed to provide reasonable assurance 

that all lawyers in the firm will conform to the Rules of Professional 

Conduct. Such policies and procedures include those designed to 

detect and resolve conflicts of interest, identify dates by which 

actions must be taken in pending matters, account for client funds 

and property, consider safeguards for the firm’s use of technologies 

such as generative artificial intelligence, and ensure that 

inexperienced lawyers are properly supervised.

Other measures that may be required to fulfill the 

responsibility prescribed in subdivision (a) can depend on the firm’s 

structure and the nature of its practice. In a small firm of 

experienced lawyers, informal supervision and periodic review of 

compliance with the required systems ordinarily will suffice. In a 

large firm, or in practice situations in which difficult ethical 

problems frequently arise, more elaborate measures may be 

necessary. Some firms, for example, have a procedure whereby 

junior lawyers can make confidential referral of ethical problems 

directly to a designated supervising lawyer or special committee. 

See rule 4-5.2. Firms, whether large or small, may also rely on 

continuing legal education in professional ethics. In any event the 

ethical atmosphere of a firm can influence the conduct of all its 

members and the partners may not assume that all lawyers 

associated with the firm will inevitably conform to the rules.

Subdivision (c) expresses a general principle of personal 

responsibility for acts of another. See also rule 4-8.4(a).

Subdivision (c)(2) defines the duty of a partner or other lawyer 

having comparable managerial authority in a law firm, as well as a 

lawyer having supervisory authority over performance of specific 

legal work by another lawyer. Whether a lawyer has such 

supervisory authority in particular circumstances is a question of 

fact. Partners and lawyers with comparable authority have at least 

indirect responsibility for all work being done by the firm, while a 

partner or manager in charge of a particular matter ordinarily also 

has supervisory responsibility for the work of other firm lawyers 

engaged in the matter. Appropriate remedial action by a partner or 
- 12 -

managing lawyer would depend on the immediacy of that lawyer’s 

involvement and the seriousness of the misconduct. A supervisor is 

required to intervene to prevent avoidable consequences of 

misconduct if the supervisor knows that the misconduct occurred. 

Thus, if a supervising lawyer knows that a subordinate 

misrepresented a matter to an opposing party in negotiation, the 

supervisor as well as the subordinate has a duty to correct the 

resulting misapprehension.

Professional misconduct by a lawyer under supervision could 

reveal a violation of subdivision (b) on the part of the supervisory 

lawyer even though it does not entail a violation of subdivision (c) 

because there was no direction, ratification, or knowledge of the 

violation.

Apart from this rule and rule 4-8.4(a), a lawyer does not have 

disciplinary liability for the conduct of a partner, shareholder, 

member of a limited liability company, officer, director, manager, 

associate, or subordinate. Whether a lawyer may be liable civilly or 

criminally for another lawyer’s conduct is a question of law beyond 

the scope of these rules.

The duties imposed by this rule on managing and supervising 

lawyers do not alter the personal duty of each lawyer in a firm to 

abide by the Rules of Professional Conduct. See rule 4-5.2(a).

RULE 4-5.3. RESPONSIBILITIES REGARDING NONLAWYER 

ASSISTANTS

(a) – (c) [No Change] 

Comment

Lawyers generally employ assistants in their practice, 

including secretaries, investigators, law student interns, and 

paraprofessionals such as paralegals and legal assistants. Such 

assistants, whether employees or independent contractors, act for 

the lawyer in rendition of the lawyer’s professional services. A 

lawyer must give such assistants appropriate instruction and 
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supervision concerning the ethical aspects of their employment, 

particularly regarding the obligation not to disclose information 

relating to representation of the client. A lawyer should also 

consider safeguards when assistants use technologies such as 

generative artificial intelligence. The measures employed in 

supervising nonlawyers should take account of the level of their 

legal training and the fact that they are not subject to professional 

discipline. If an activity requires the independent judgment and 

participation of the lawyer, it cannot be properly delegated to a 

nonlawyer employee.

Subdivision (b)(1) requires lawyers with managerial authority 

within a law firm to make reasonable efforts to ensure that the firm 

has in effect measures giving reasonable assurance that nonlawyers 

in the firm and nonlawyers outside the firm who work on firm 

matters act in a way compatible with the professional obligations of 

the lawyer. See comment to rule 4-1.1 (retaining lawyers outside the 

firm) and comment to rule 4-5.1(responsibilities with respect to 

lawyers within a firm). Subdivision (b)(2) applies to lawyers who 

have supervisory authority over nonlawyers within or outside the 

firm. Subdivision (b)(3) specifies the circumstances in which a 

lawyer is responsible for conduct of nonlawyers within or outside 

the firm that would be a violation of the Rules of Professional 

Conduct if engaged in by a lawyer.

Nothing provided in this rule should be interpreted to mean 

that a nonlawyer may have any ownership or partnership interest in 

a law firm, which is prohibited by rule 4-5.4. Additionally, this rule 

does not permit a lawyer to accept employment by a nonlawyer or 

group of nonlawyers, the purpose of which is to provide the 

supervision required under this rule. This conduct is prohibited by 

rules 4-5.4 and 4-5.5.

Nonlawyers Outside the Firm

A lawyer may use nonlawyers outside the firm to assist the 

lawyer in rendering legal services to the client. Examples include 

the retention of an investigative or paraprofessional service, hiring a 

document management company to create and maintain a database 

for complex litigation, sending client documents to a third party for 
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printing or scanning, using generative artificial intelligence, and 

using an Internet-based service to store client information. When 

using these services outside the firm, a lawyer must make 

reasonable efforts to ensure that the services are provided in a 

manner that is compatible with the lawyer’s professional 

obligations. The extent of this obligation will depend on the 

circumstances, including the education, experience and reputation 

of the nonlawyer; the nature of the services involved; the terms of 

any arrangements concerning the protection of client information; 

and the legal and ethical environments of the jurisdictions in which 

the services will be performed, particularly with regard to 

confidentiality. See also rules 4-1.1 (competence), 4-1.2 (allocation 

of authority), 4-1.4 (communication with client), 4-1.6 

(confidentiality), 4-5.4 (professional independence of the lawyer), 

and 4-5.5 (unauthorized practice of law). When retaining or 

directing a nonlawyer outside the firm, a lawyer should 

communicate directions appropriate under the circumstances to 

give reasonable assurance that the nonlawyer’s conduct is 

compatible with the professional obligations of the lawyer.

Where the client directs the selection of a particular nonlawyer 

service provider outside the firm, the lawyer ordinarily should agree 

with the client concerning the allocation of responsibility for 

monitoring as between the client and the lawyer. See Rule 1.2. 

When making this allocation in a matter pending before a tribunal, 

lawyers and parties may have additional obligations that are a 

matter of law beyond the scope of these rules.

RULE 4-7.13. DECEPTIVE AND INHERENTLY MISLEADING 

ADVERTISEMENTS

A lawyer may not engage in deceptive or inherently misleading 

advertising.

(a) – (b) [No Change] 

Comment
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Material omissions

[No Change]

Implied existence of nonexistent fact

[No Change]

Predictions of success

[No Change]

Past results

[No Change]

Comparisons

[No Change]

Characterization of skills, experience, reputation, or record

[No Change]

Areas of practice

[No Change]

Dramatizations

[No Change]

Implying lawyer will violate rules of conduct or law

[No Change]

Testimonials

A testimonial is a personal statement, affirmation, or 

endorsement by any person other than the advertising lawyer or a 

member of the advertising lawyer’s firm regarding the quality of the 

lawyer’s services or the results obtained through the representation. 

Clients as consumers are well-qualified to opine on matters such as 

courtesy, promptness, efficiency, and professional demeanor. 
- 16 -

Testimonials by clients on these matters, as long as they are 

truthful and are based on the actual experience of the person giving 

the testimonial, are beneficial to prospective clients and are 

permissible. A current or former client who is a celebrity may offer a 

truthful testimonial if the testimonial complies with the 

requirements of this rule.

Florida bar approval of ad or lawyer

[No Change]

Judicial, executive, and legislative titles

[No Change]

Implication of association or affiliation with another lawyer or 

law firm

[No Change]

RULE 4-7.15. UNDULY MANIPULATIVE OR INTRUSIVE 

ADVERTISEMENTS

A lawyer may not engage in unduly manipulative or intrusive 

advertisements. An advertisement is unduly manipulative if it:

(a) –(b) [No Change]

(c) contains the voice or image of a celebrity, except that a 

lawyer may use the:

(1) voice or image of a local announcer, disc jockey or 

radio personality who regularly records advertisements so long as 

the person recording the announcement does not endorse or offer a 

testimonial on behalf of the advertising lawyer or law firm, or

(2) testimonial of a celebrity who is a current or former 

client if the testimonial complies with the requirements of this 

subchapter; or
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(d) [No change]

Comment

Unduly Mmanipulative Ssounds and Iimages

[No Change]

Use of Ccelebrities

A lawyer or law firm advertisement may not contain the voice 

or image of a celebrity with limited exceptions. A celebrity is an 

individual who is known to the target audience and whose voice or 

image is recognizable to the intended audience. A person can be a 

celebrity on a regional or local level, not just a national level. Local 

announcers or disc jockeys and radio personalities are regularly 

used to record advertisements. Use of a local announcer or disc 

jockey or a radio personality to record an advertisement is 

permissible under this rule as long as the person recording the 

announcement does not endorse or offer a testimonial on behalf of 

the advertising lawyer or law firm. Additionally, an advertisement 

may include the testimonial of a celebrity who is a current or former 

client of the advertising lawyer or law firm if the testimonial 

complies with all other applicable requirements of this subchapter.