Supreme Court of Florida

____________

No. SC2022-1293

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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA 

BAR—CHAPTERS 3 AND 14.

September 7, 2023

CORRECTED OPINION

PER CURIAM.

The Florida Bar (Bar) petitions the Court to amend seventeen

rules within chapters 3 and 14 of the Rules Regulating The Florida 

Bar.1 With some modifications, we adopt the amendments 

proposed by the Bar. 

BACKGROUND

The Bar proposes amending existing rules 3-2.1 (Generally), 3-

5.1 (Generally), 3-5.2 (Emergency Suspension and Interim 

Probation or Interim Placement on the Inactive List for Incapacity 

Not Related to Misconduct), 3-5.3 (Diversion of Disciplinary Cases 

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

R. Regulating Fla. Bar 1-12.1.
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to Practice and Professionalism Enhancement Programs), 3-6.1 

(Generally), 3-7.1 (Confidentiality), 3-7.3 (Review of Inquiries, 

Complaint Processing, and Initial Investigatory Procedures), 3-7.4 

(Grievance Committee Procedures), 3-7.6 (Procedures Before a 

Referee), 3-7.7 (Procedures Before Supreme Court of Florida), 3-7.9 

(Consent Judgment), 3-7.10 (Reinstatement and Readmission 

Procedures), 3-7.12 (Disciplinary Revocation of Admission to The 

Florida Bar), 3-7.16 (Limitation on Time to Open Investigation), 14-

1.2 (Jurisdiction), 14-4.1 (Arbitration Proceedings), and 14-5.2 

(Effect of Agreement to Arbitrate and Failure to Comply). 

Each proposal was approved by the Board of Governors 

without objection, and consistent with rule 1-12.1(g), the Bar 

published formal notice of its intent to file the petition in The 

Florida Bar News. The notice directed interested parties to file 

comments directly with the Court. One comment was received from 

the Public Interest Law Section of the Bar on the proposed 

amendments to rule 3-7.16. The Bar filed a response to the 

comment. 

Having considered the Bar’s petition, the proposed 

amendments, the comment filed, and the Bar’s response to the 
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comment, we adopt the Bar’s proposed amendments to the Rules 

Regulating The Florida Bar with some modifications. We explain 

the modifications below, along with some of the more significant 

rule changes. 

AMENDMENTS

First, rules 3-5.2, 3-7.6, 3-7.7, 3-7.10, and 3-7.12 are 

amended to require the electronic filing of petitions, pleadings, and 

other documents in Bar disciplinary matters.

Next, we decline to delete from rule 3-5.1(d) the requirement 

that public reprimands be published in the Southern Reporter. 

Publication in the reporter remains integral to ensuring that a 

public reprimand is indeed public. The Bar proposed deleting the 

requirement because in recent years this Court’s public reprimands 

of lawyers have not, as a matter of course, been published in the 

Southern Reporter. We thank the Bar for bringing this oversight to 

our attention, and we will take steps to ensure that publication of 

public reprimands in the Southern Reporter occurs. 

In rule 3-5.3, the Bar proposed the addition of new subdivision 

(h) (Diversion Before Formal Complaint is Filed). The subdivision 

the Bar proposed is essentially a mirror image of rule 3-7.9(a) 
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(Consent Judgment; Before Formal Complaint is Filed) and would 

permit a lawyer and the Bar to enter into a consent judgment 

providing for diversion before a formal complaint is filed. However, 

we see no need to amend rule 3-5.3 to include a mirror image of a 

rule that already exists elsewhere. We, therefore, revise the Bar’s 

proposal to read:

(h) Diversion Before Formal Complaint is Filed. The 

procedures for approval of consent judgments provided 

elsewhere in these rules apply to diversion before the 

filing of a formal complaint. 

Rule 3-6.1(a) is reorganized, and the rule’s scope is expanded 

to include persons who are suspended or have been disbarred in 

another jurisdiction. Also, under the amended rule, a person is 

now considered employed by an entity providing legal services if he 

or she “is engaged to provide services to the client arising from or 

related to the client’s legal representation at the recommendation of 

the entity or any of its members or employees.”

Rule 3-7.10(f) is amended to prohibit a referee from referring a 

petition for reinstatement to civil or grievance mediation. The Bar 

proposed amending subdivision (f)(4)(B) to establish when and for 

how long Florida Bar Examination and Multistate Professional 
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Responsibility Examination scores are valid for reinstatement 

purposes. For added clarity, however, we revise the Bar’s proposal

to read: “The results for both exams must be valid under the Rules 

of the Supreme Court Relating to Admission to the Bar when the 

petition is filed and will remain valid for at least 3 years after the 

filing of the petition.”

Lastly, we decline to amend rule 3-7.16(d) as proposed by the 

Bar.

CONCLUSION

Accordingly, chapters 3 and 14 of the Rules Regulating The 

Florida Bar are amended as set forth in the appendix to this 

opinion. Deletions are indicated by struck-through type, and new 

language is indicated by underscoring. The amendments will

become effective November 6, 2023, at 12:01 a.m.

It is so ordered.

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

and FRANCIS, JJ., concur.

SASSO, J., did not participate.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules Regulating The Florida Bar
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Joshua E. Doyle, Executive Director, F. Scott Westheimer, 

President, Roland Sanchez-Medina, Jr., President-elect, and 

Elizabeth Clark Tarbert, Division Director, Lawyer Regulation, The 

Florida Bar, Tallahassee, Florida,

for Petitioner

Anthony C. Musto on behalf of the Public Interest Law Section of 

The Florida Bar, Hallandale Beach, Florida,

Responding with comments
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Appendix

RULE 3-2.1. GENERALLY

Wherever used in these rules the following words or terms 

have the meaning set forth below unless their use clearly indicates 

a different meaning:.

(a)-(b) [No Change]

(c) Chief Branch Discipline Counsel. Chief branch 

discipline counsel is the counsel in charge of a branch office of The 

Florida Bar. Any counsel employed by The Florida Bar may serve 

as chief branch discipline counsel at the direction of the regularly 

assigned chief branch discipline counsel or staff counsel.

(cd) Complainant or Complaining Witness. A complainant 

or any complaining witness is any person who has complained of 

the conduct of any member of The Florida Bar to any officer or 

agency of The Florida Bar.

(de) This Court or the Court. This court or the court is the 

Supreme Court of Florida.

(ef) Court of this State. Court of this state is a state court 

authorized and established by the constitution or laws of the state 

of Florida.

(g) Designated Reviewer. The designated reviewer is a 

member of the board of governors responsible for review and other 

specific duties as assigned with respect to a particular grievance 

committee or matter. The designated reviewer for a special 

grievance committee will be selected by the president and approved 

by the board.

(fh) Diversion to Practice and Professionalism 

Enhancement Programs. Diversion to practice and 

professionalism enhancement programs is removal of a disciplinary 
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matter from the disciplinary system and placement of the matter in 

a skills enhancement program in lieu of a disciplinary sanction.

(gi) Executive Committee. Executive committee is the 

executive committee of the board of governors of The Florida Bar.

(hj) Executive Director. Executive Director is the executive 

director of The Florida Bar.

(k) Final Adjudication. Final adjudication is a decision by 

the authorized disciplinary authority or court issuing a sanction for 

professional misconduct that is not subject to judicial review except 

on direct appeal to the Supreme Court of the United States.

(il) Inquiry. Inquiry is a written communication received by 

bar counsel questioning the conduct of a member of The Florida 

Bar.

(jm) Practice and Professionalism Enhancement Programs. 

Practice and professionalism enhancement programs are programs 

operated either as a diversion from disciplinary action or as a part 

of a disciplinary sanction that are intended to provide educational 

opportunities to members of the bar for enhancing skills and 

avoiding misconduct allegations.

(kn) Probable Cause. Probable cause is a finding by an 

authorized agency that there is cause to believe that a member of 

The Florida Bar is guilty of misconduct justifying disciplinary 

action.

(lo) Referral to Practice and Professionalism 

Enhancement Programs. Referral to practice and professionalism 

enhancement programs is placement of a lawyer in skills 

enhancement programs as a disciplinary sanction.

(mp) Referee. Referee is a judge or retired judge appointed to 

conduct proceedings as provided under these rules.
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(nq) Respondent. Respondent is a member of The Florida 

Bar or a lawyer subject to these rules who is accused of misconduct 

or whose conduct is under investigation.

(or) Staff Counsel. Staff counsel is a lawyer employee of The 

Florida Bar designated by the executive director and authorized by 

these Rules Regulating The Florida Bar to approve formal 

complaints, conditional guilty pleas for consent judgments, and 

diversion recommendations and to make appointment of bar 

counsel.

(p) Chief Branch Discipline Counsel. Chief branch 

discipline counsel is the counsel in charge of a branch office of The 

Florida Bar. Any counsel employed by The Florida Bar may serve 

as chief branch discipline counsel at the direction of the regularly 

assigned chief branch discipline counsel or staff counsel.

(q) Designated Reviewer. The designated reviewer is a 

member of the board of governors responsible for review and other 

specific duties as assigned with respect to a particular grievance 

committee or matter. The designated reviewer for a special 

grievance committee will be selected by the president and approved 

by the board.

(r) Final Adjudication. Final adjudication is a decision by 

the authorized disciplinary authority or court issuing a sanction for 

professional misconduct that is not subject to judicial review except 

on direct appeal to the Supreme Court of the United States.

RULE 3-5.1. GENERALLY

A judgment entered, finding a member of The Florida Bar 

guilty of misconduct, will include 1 or more of the following 

disciplinary measures:.

(a) Admonishments. A Supreme Court of Florida order 

finding minor misconduct and adjudgingordering an admonishment 
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may direct the respondent to appear before the Supreme Court of 

Florida, the board of governors, a grievance committee, or the 

referee for administration of the admonishment. A grievance 

committee report and finding of minor misconduct or the board of 

governors, on review of the report, may direct the respondent to 

appear before the board of governors or the grievance committee for 

administration of the admonishment. A memorandum of 

administration of an admonishment will be made a part of the 

record of the proceeding after the admonishment is administered.

(b) Minor Misconduct. Minor misconduct is the only type 

of misconduct for which an admonishment is an appropriate 

disciplinary sanction.

(1) Criteria. In the absence of unusual circumstances, 

misconduct will not be regarded as minor if any of the following 

conditions exist:

(A)-(B) [No Change]

(C) the misconduct resulted in or is likely to result 

in actual or potential injury to the public or the legal system;

(CD) the respondent has been publicly disciplined 

in the past 3 years;

(DE) the misconduct involved is of the same nature 

as misconduct for which the respondent has been disciplined 

in the past 5 years;

(EF) the misconduct includes dishonesty, 

misrepresentation, deceit, or fraud on the part of the 

respondent; or

(FG) the misconduct constitutes the commission of 

a felony under applicable law.

(2) Discretion of Grievance Committee. A grievance 

committee may recommend an admonishment for minor 
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misconduct or diversion to a practice and professionalism 

enhancement program when unusual circumstances are 

present, despite the presence of 1 or more of the criteria 

described in subpartsubdivision (1) of this rule. When the 

grievance committee recommends an admonishment for minor 

misconduct or diversion to a practice and professionalism 

enhancement program under these circumstances, itsAny 

grievance committee report willrecommending an admonishment 

for minor misconduct or diversion to a practice and 

professionalism enhancement program despite the presence of 

the criteria in subdivision (1) must contain a detailed 

explanation of the circumstances giving rise to the committee’s 

recommendation.

(3) Recommendation of Minor Misconduct. If a grievance 

committee finds the respondent guilty of minor misconduct or if 

the respondent admits guilt of minor misconduct and the 

committee concurs, the grievance committee will file its report 

recommending an admonishment, the manner of administration, 

the taxing of costs, and an assessment or administrative fee in 

the amount of $1,250 against the respondent. The report 

recommending an admonishment will be forwarded to staff 

counsel and the designated reviewer for review. If staff counsel 

does not return the report to the grievance committee to remedy 

a defect in the report, or if the report is not referred to the 

disciplinary review committee by the designated reviewer [as 

provided elsewhere in rule 3-7.5(b)]these rules, the report will 

then be served on the respondent by bar counsel. The report 

and finding of minor misconduct becomes final unless rejected 

by the respondent within 1530 days after service of the report. If 

rejected by the respondent, the report will be referred to bar 

counsel and referee for trial on complaint of minor misconduct 

to be prepared by bar counsel will prepare a formal complaint as 

in the case of a finding of probable cause. If the report of minor 

misconduct is not rejected by the respondent, notice of the 

finding of minor misconduct will be given, in writing, to the 

complainant.
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(4) Rejection of Minor Misconduct Reports. The board of 

governors’ rejection by the board of governors of a grievance 

committee report of minor misconduct, without dismissal of the 

case, or remand to the grievance committee, is deemed a finding 

of probable cause. The respondent’s rejection of a report by a 

respondent is deemed a finding of probable cause for minor 

misconduct. At trial before a referee following a respondent’s 

rejection by a respondent of a report of minor misconduct, the 

referee may recommend any discipline authorized under these 

rules.

(5) Admission of Minor Misconduct. A respondent may 

tender a written admission of minor misconduct to bar counsel 

or to the grievance committee within 1530 days after service of a 

notice of a finding of probable cause by a grievance committee or 

the board of governors. An admission of minor misconduct may 

be conditioned on acceptance by the grievance committee or the 

board of governors, but the respondent may not condition the 

admission of minor misconduct on the method of administration 

of the admonishment or on nonpayment of costs incurred in the 

proceedings. An admission may be tendered after a finding of 

probable cause (but before the filing of a complaint) only if an 

admission has not been previously tendered. If the admission is 

tendered after a finding of probable cause, the grievance 

committee or board of governors may consider the admission 

without further evidentiary hearing and may either reject the 

admission, affirming its prior action, or accept the admission

and issue its report of minor misconduct, in which case, the 

report of minor misconduct will be issued by the grievance 

committee. If a respondent’s admission is accepted by the 

grievance committee or board of governors, the respondent may 

not later reject a report of the committee recommending an 

admonishment for minor misconduct. If the admission of minor 

misconduct is rejected, the admission may not be considered or 

used against the respondent in subsequent proceedings.

(c) Probation. The respondent may be placed on probation 

for a stated period of time of not less thanbetween 6 months nor 

more thanand 5 years or for an indefinite period determined by 
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conditions stated in the order. The judgment will state the 

conditions of the probation, which may include, but are not limited 

to, the following:

(1)-(6) [No Change]

The respondent will reimburse the bar for the costs of 

supervision. The respondent may be punished for contempt on 

petition by The Florida Bar, as provided elsewhere in these Rules 

Regulating The Florida Bar, on failure of a respondent to comply 

with the conditions of the probation or a finding of probable cause 

as to conduct of the respondent committed during the period of 

probation. An order of the court imposing sanctions for contempt 

under this rule may also terminate the probation previously 

imposed.

(d) Public Reprimand. A public reprimand will be 

administered in the manner prescribed in the judgment but all 

reprimands will be reported in the Southern Reporter. Due notice 

will be givenThe bar will provide due notice to the respondent of any 

proceeding set to administer the reprimand. The respondent must 

appear personally before the Supreme Court of Florida, the board of 

governors, any judge designated to administer the reprimand, or the 

referee, if required, and this appearance will be made a part of the 

record of the proceeding.

(e) Suspension. The respondent may be suspended from 

the practice of law for a period of time to be determined by the 

conditions imposed by the judgment or order or until further order 

of the court. During this suspension, the respondent continues to 

be a member of The Florida Bar but without the privilege of 

practicing. A suspension of 90 days or less does not require proof 

of rehabilitation or passage of the Florida bar examination, and the 

respondent will become eligible for all privileges of members of The 

Florida Bar on the expiration of the period of suspension. A 

suspension of more than 90 days requires proof of rehabilitation 

and may require passage of all or part of the Florida bar 

examination and the respondent will not become eligible for all 

privileges of members of The Florida Bar until the court enters an 
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order reinstating the respondent to membership in The Florida Bar. 

No suspension will be ordered for a specific period of time more 

than 3 years.

An order or opinion imposing a suspension of 90 days or less 

will include a provision that prohibits the respondent from 

accepting new business from the date of the order or opinion until 

the end of the term of the suspension and will provide that the 

suspension is effective 30 days from the date of the order or opinion 

so that the respondent may close out the practice of law and protect 

the interests of existing clients, unless the court orders otherwise.

An order or opinion imposing a suspension of more than 90 

days will include a provision that prohibits the respondent from 

accepting new business from the date of the order or opinion until 

the date of the court’s order of reinstatement and will provide that 

the suspension is effective 30 days from the date of the order or 

opinion so that the respondent may close out the practice of law 

and protect the interests of existing clients, unless the court orders 

otherwise.

(f) [No Change]

(g) Disciplinary Revocation. A disciplinary revocation is 

tantamount to a disbarment. A respondent may petition for 

disciplinary revocation in lieu of defending against allegations of 

disciplinary violations. If accepted by the Supreme Court of Florida, 

a disciplinary revocation terminates the respondent’s status as a 

member of the bar. A former bar member whose disciplinary 

revocation has been accepted may only be admitted again upon full 

compliance with the rules and regulations governing admission to 

the bar. Like disbarment, disciplinary revocation terminates the 

respondent’s license and privilege to practice law and requires 

readmission to practice under the Rules of the Supreme Court 

Relating to Admissions to the Bar. No application for readmission 

may be tendered until the later of 5 years after the date of the order 

of the Supreme Court of Florida granting the petition for 

disciplinary revocation, or such otheranother period of time in 

excess of 5 years contained in saidthat order.
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(h) Notice to Clients. Unless the court orders otherwise, 

when the respondent is served with an order of disbarment, 

disbarment on consent, disciplinary revocation, suspension, 

emergency suspension, emergency probation, or placement on the 

inactive list for incapacity not related to misconduct, the 

respondent must, immediately furnish a copy of the order to all:

(1) all of the respondent’s clients of the respondent with 

matters pending in the respondent’s practice;

(2) all opposing counsel or co-counsel in the matters 

listed in (1), above;

(3) all courts, tribunals, or adjudicative agencies before 

which the respondent is counsel of record; and

(4) all state, federal, or administrative bars of which 

respondent is a member.

Within 30 days after service of the order the respondent must 

furnish bar counsel with a sworn affidavit listing the names and 

addresses of all persons and entities that have been furnished 

copies of the order.

(i) Forfeiture of Fees. An order of the Supreme Court of 

Florida or a report of minor misconduct adjudicating a respondent 

guilty of entering into, charging, or collecting a fee prohibited by the 

Rules Regulating The Florida Bar may order the respondent to 

forfeit all or any part of the fee or any part thereof. In the case of a 

clearly excessive fee, the excessive amount of the fee may be 

ordered returned to the client, and a fee otherwise prohibited by the 

Rules Regulating The Florida Bar may be ordered forfeited to The 

Florida Bar Clients’ Security Fund and disbursed in accordance 

with its rules and regulations.

(j) Restitution. In addition to any of the foregoing 

disciplinary sanctions and any disciplinary sanctions authorized 

elsewhere in these rules, the respondent may be ordered or agree to 
- 16 -

pay restitution to a complainant or other person if the disciplinary 

order finds that the respondent has received a clearly excessive, 

illegal, or prohibited fee, or that the respondent has converted trust 

funds or property. The amount of restitution will be specifically set 

forth in the disciplinary order or agreement and will not exceed the 

amount by which a fee is clearly excessive, in the case of a 

prohibited or illegal fee will not exceed the amount of the fee, or in 

the case of conversion will not exceed the amount of the conversion 

established in disciplinary proceedings. Restitution for an excessive 

fee will not exceed the amount by which that fee is clearly excessive. 

Restitution for a prohibited or illegal fee will not exceed the amount 

of the fee. Restitution for a conversion will not exceed the amount 

of the conversion established in disciplinary proceedings. The 

disciplinary order or agreement will alsomust state to whom 

restitution must be made and the date by which it must be 

completed. Failure to comply with the order or agreement will 

cause the respondent to become a delinquent member and will not 

preclude further proceedings under these rules. The respondent 

must provide the bar with telephone numbers and current 

addresses of all individuals or entities to whom the respondent is 

ordered to pay restitution.

RULE 3-5.2. EMERGENCY SUSPENSION; AND INTERIM 

PROBATION; OR INTERIM PLACEMENT ON THE 

INACTIVE LIST FOR INCAPACITY NOT RELATED 

TO MISCONDUCT; AND FREEZING TRUST 

ACCOUNTS

(a) Petition for Emergency Suspension. 

(1) [No Change] 

(2) Discipline by Foreign Jurisdiction. The Supreme 

Court of Florida may issue an order suspending the lawyer on an 

emergency basis under this chapter on petition of The Florida Bar, 

authorized by its president, president-elect, or executive director 

and supported by a certified copy of an order of a foreign 
- 17 -

disciplinary jurisdiction suspending or disbarring a lawyer from the 

practice of law under rule 3-7.2.

(3) [No Change]

(4) Appointment of Referee. The Supreme Court of 

Florida will promptly appoint or direct the appointment of a referee 

on entry of an order of suspension.

(5) New Cases and Existing Clients. Any emergency 

suspension order issued under this subdivision immediately 

precludes the lawyer from accepting any new cases and, unless 

otherwise ordered, permits the lawyer to continue to represent 

existing clients for only the first 30 days after issuance of an 

emergency order. Any fees paid to the suspended lawyer during the 

30-day period must be deposited in a trust account from which 

withdrawals may be made only in accordance with restrictions 

imposed by the court.

(6) Motions for Dissolution. The lawyer may move at 

any time to dissolve or amend an emergency order by motion filed 

with the Supreme Court of Florida, unless the bar has 

demonstrated, through a hearing or trial, the likelihood of prevailing 

on the merits on any of the underlying violations of the Rules 

Regulating The Florida Bar. The lawyer must serve a copy of the 

motion on bar counsel. The motion will not stay any other 

proceedings or applicable time limitations in the case and will 

immediately be assigned to a referee designated by the chief justice, 

unless the motion fails to state good cause or is procedurally barred 

as an invalid successive motion. The filing of the motion will not 

stay the operation of an emergency suspension order entered under 

this subdivision.

(7) Successive Motions Prohibited. The Supreme Court 

of Florida will summarily dismiss any successive motions for 

dissolution that raise issues that were, or with due diligence could 

have been, raised in a prior motion.
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(8) Hearing on Petition to Terminate or Modify 

Suspension. The referee will hear a motion to terminate or modify a 

suspension imposed under this subdivision within 7 days of 

assignment and submit a report and recommendation to the 

Supreme Court of Florida in an electronic format approved by the 

supreme court within 7 days of the hearing date. The referee will 

recommend dissolution or amendment, whichever is appropriate, if 

the bar cannot demonstrate a likelihood of prevailing on the merits 

on at least 1 of the underlying violations of the Rules Regulating 

The Florida Bar that establishes the respondent is causing great 

public harm.

(9) Review by the Supreme Court of Florida. The 

Supreme Court of Florida will review and act on the referee’s 

findings and recommendations on receipt of the referee’s report on 

the motion for dissolution or amendment. Briefing schedules 

following the petition for review are as set forth in subchapter 3-7 of 

these rules.

(10) Hearings on Issues Raised in Petitions for Emergency 

Suspension and Sanctions. Once the Supreme Court of Florida has 

granted a petition for emergency suspension under this subdivision, 

the referee appointed by the court will hear the matter in the same 

manner as provided in rule 3-7.6, except that the referee will hear 

the matter after the lawyer charged has answered the charges in the 

petition for emergency suspension or when the time has expired for 

filing an answer. The referee will issue a final report and 

recommendation in an electronic format approved by the supreme 

court within 90 days of appointment. If the time limit specified in 

this subdivision is not met, that portion of an emergency 

suspension order will be automatically dissolved, except on order of 

the Supreme Court of Florida, provided that any other appropriate 

disciplinary action on the underlying conduct still may be taken.

(b) Petition for Interim Probation or Interim Placement 

on the Inactive List for Incapacity Not Related to Misconduct. 

(1) Petition. The Supreme Court of Florida may issue 

an order placing a lawyer on interim probation, under the 
- 19 -

conditions provided in subdivision (c) of rule 3-5.1 or placing the 

lawyer on the inactive list for incapacity not related to misconduct 

as provided in rule 3-7.13elsewhere in this chapter. The order may 

be issued on petition of The Florida Bar, authorized by its 

president, president-elect, or executive director and supported by 1 

or more affidavits demonstrating facts personally known to the 

affiants that, if unrebutted, would establish clearly and 

convincingly that conditions or restrictions on a lawyer’s privilege to 

practice law in Florida are necessary to protect the public. 

(2) Formal Complaint, Answer, and Defenses. ThisThe

petition also constitutes the formal complaint. The respondent has 

20 days after docketing by the Supreme Court of Florida of its order 

granting the bar’s petition for interim probation in which to file an 

answer and any affirmative defenses to the bar’s petition.

(3) Appointment of Referee. The Supreme Court of 

Florida will promptly appoint or direct the appointment of a referee 

on entry of an order of interim probation.

(4) New Cases and Existing Clients. Any order placing 

a lawyer on the inactive list for incapacity not related to misconduct 

under this subdivision immediately precludes the lawyer from 

accepting any new cases and, unless otherwise ordered, permits the 

lawyer to continue to represent existing clients for only the first 30 

days after issuance of the order. Any fees paid to the lawyer during 

the 30-day period must be deposited in a trust account from which 

withdrawals may be made only in accordance with restrictions 

imposed by the court. An order placing the lawyer on interim 

probation under this subdivision may preclude the lawyer from 

accepting new cases either immediately or during a time specified in 

the order and may require that the lawyer deposit any fees paid to 

the lawyer during a specified time period in a trust account from 

which withdrawals may be made only in accordance with 

restrictions imposed by the order.

(5) Hearings on Issues Raised in Petitions for Interim 

Probation. Once the Supreme Court of Florida has granted a 

petition for interim probation under this rule, the referee appointed 
- 20 -

by the court will hear the matter in the same manner as provided in 

rule 3-7.6, except that the referee will hear the matter after the 

lawyer charged has answered the charges in the petition for interim 

probation or when the time has expired for filing an answer. The 

referee will issue a final report and recommendation in an electronic 

format approved by the supreme court within 90 days of 

appointment. If the time limit specified in this subdivision is not 

met, that portion of an emergency order imposing an interim 

probation will be automatically dissolved, except on order of the 

Supreme Court of Florida, provided that any other appropriate 

disciplinary action on the underlying conduct still may be taken.

(6) Review by the Supreme Court of Florida. The 

Supreme Court of Florida will review and act on the referee’s 

findings and recommendations regarding interim probations on 

receipt of the referee’s report. Briefing schedules following the 

petition for review are as set forth in subchapter 3-7 of these rules.

(c) Trust Accounts. 

(1) Effect of Order Restricting Lawyer Trust Account. 

Any order of emergency suspension, orinterim probation, or interim 

placement on the inactive list that restricts the attorneylawyer in 

maintaining a trust account will be served on the respondent and 

any bank or other financial institution maintaining an account 

against which the respondent may make withdrawals. The order 

serves as an injunction to preventenjoins the bank or financial 

institution from making further payment from the trust account or 

accounts on any obligation, except in accordance with restrictions 

imposed by the court through subsequent orders issued by a courtappointed referee. Bar counsel will serve a copy of the Supreme 

Court of Florida’s order freezing a lawyer’s trust account via first 

class mail on any bank in which the respondent’s trust account is 

held.

(2) Appointment of Referee. The Supreme Court of 

Florida will promptly appoint or direct the appointment of a referee 

on determination that funds have been misappropriated from a 

lawyer’s trust account as provided above.
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(13) Referee’s Authorization and Claims to Trust Funds. 

The court’s order appointing a referee under this rule may authorize 

the referee to determine entitlement to funds in the frozen trust 

account. Any client or third party claiming to be entitledentitlement

to funds in the frozen trust account must file a petition requesting 

release of frozen trust account funds with the referee appointed in 

the case, accompanied by proof of entitlement to the funds.

(24) Notice by Bar. Bar counsel and bar auditorsThe bar

will provide information to the appointed referee from bar audits 

and other existing information regarding persons claiming 

ownership ofentitlement to frozen trust account funds. The bar will 

notify persons known to bar staff in writing via regular first class 

mail of their possible interest in funds contained in the frozen trust 

account. The notices will include a copy of the form of a petition 

requesting release of frozen trust account funds to be filed with the 

referee and instructions for completing the form. The bar will 

publish in the local county or city newspaper published where the 

lawyer practiced before suspension a notice informing the public 

that the lawyer’s trust account has been frozen and those persons 

with claims on the funds should contact listed bar counsel within 

30 days after publication whenever possible.

(5A) Appointment and Payment of Receiver. The referee 

may appoint a receiver to determine the persons rightfully entitled 

to the frozen trust account funds if there are no responses to the 

notices mailed and published by the bar within 90 days from the 

date of the notice or if the amount in the frozen trust account is 

over $100,000. The receiver will be paid from the corpus of the 

trust funds unless the referee orders otherwise.

(6B) Summary Proceedings. A referee will determine who 

is entitled to funds in the frozen trust account, unlessThe referee 

will unfreeze trust account funds if the amount in the frozen trust 

account is $5,000 or less and no persons with potential entitlement 

to frozen trust account funds respond to the bar’s mailed or 

published notices within 90 days from the date of the notice. In 

that event, the funds will be unfrozen.
- 22 -

(d7) Referee Review of Frozen Trust Account 

Petitions.Referee Review of Frozen Trust Account Petitions. The 

referee determines when and how to pay the claim of any person 

entitled to funds in the frozen trust account after reviewing the 

bar’s audit report, the lawyer’s trust account records, the petitions 

filed, or the receiver’s recommendations. The referee may hold a 

hearing if the bar’s audit report or other reliable evidence shows 

that funds have been stolen or misappropriated from the lawyer’s 

trust account. Subchapter 3-7 will not apply to a referee hearing 

under this rule. No pleadings may be filed other than petitions 

requesting release of frozen trust account funds. The parties to this 

referee proceeding are those persons filing a petition requesting 

release of frozen trust account funds. The bar is not a party to the 

proceeding. The referee’s order is the final order in the matter 

unless one of the parties petitions for review of the referee’s order to 

the Supreme Court of Florida. The sole issue before the referee is 

determination of ownership ofentitlement to the frozen trust 

account funds. The referee determines the percentage of monies 

missing from the respondent’s trust account and the amounts 

owing to those petitioners requesting release of frozen trust account 

funds. The referee will order a pro rata distribution if there are 

insufficient funds in the account to pay all claims in full. The 

referee’s final order is subject only to direct petition for review by a 

party claiming an ownership interest in the frozen trust funds. The 

petition for review must be filed within 60 days of the referee’s final 

order. The schedule for filing of briefs in the appellate process is as 

set forth in subchapter 3-7 of these rules.

(e8) Separate Funds in Frozen Trust 

Accounts.Separate Funds in Frozen Trust Accounts. The referee will 

order return of any separate funds to their rightful owner(s) in full 

on the filing of a petition requesting release of frozen trust account 

funds with proof of entitlement to the funds. Separate funds are 

monies deposited into the respondent’s trust account after the 

misappropriation, which are not affected by the misappropriation, 

and funds that have been placed into a separate segregated 

individual trust account under the individual client’s tax 

identification number.
- 23 -

(9) Review by Supreme Court of Florida. The referee’s 

final order is subject only to direct petition for review by a party 

claiming entitlement to the frozen trust account funds. The petition 

for review must be filed within 60 days of the referee’s final order. 

Briefing schedules after the petition for review is filed are set forth 

in subchapter 3-7 of these rules.

(f) New Cases and Existing Clients. Any order of 

emergency suspension issued under this rule immediately 

precludes the lawyer from accepting any new cases and, unless 

otherwise ordered, permits the lawyer to continue to represent 

existing clients for only the first 30 days after issuance of an 

emergency order. Any fees paid to the suspended lawyer during the 

30-day period must be deposited in a trust account from which 

withdrawals may be made only in accordance with restrictions 

imposed by the court.

(g) Motions for Dissolution. The lawyer may move at any 

time for to dissolve or amend an emergency order by motion filed 

with the Supreme Court of Florida, unless the bar has 

demonstrated, through a hearing or trial, the likelihood of prevailing 

on the merits on any of the underlying violations of the Rules 

Regulating The Florida Bar. The lawyer must serve a copy of the 

motion on bar counsel. The motion will not stay any other 

proceedings or applicable time limitations in the case and will 

immediately be assigned to a referee designated by the chief justice, 

unless the motion fails to state good cause or is procedurally barred 

as an invalid successive motion. The filing of the motion will not 

stay the operation of an order of emergency suspension or interim 

probation entered under this rule.

(h) Appointment of Referee. On entry of an order of 

suspension or interim probation, as provided above, the Supreme 

Court of Florida will promptly appoint or direct the appointment of 

a referee. On determination that funds have been misappropriated 

from a lawyer’s trust account as provided above, the Supreme Court 

of Florida will promptly appoint or direct the appointment of a 

referee.
- 24 -

(i) Hearing on Petition to Terminate or Modify 

Suspension. The referee will hear a motion to terminate or modify 

a suspension or interim probation imposed under this rule within 7 

days of assignment and submit a report and recommendation to the 

Supreme Court of Florida within 7 days of the hearing date. The 

referee will recommend dissolution or amendment, whichever is 

appropriate, if the bar cannot demonstrate a likelihood of prevailing 

on the merits on at least 1 of the underlying violations of the Rules 

Regulating The Florida Bar that establishes that the respondent is 

causing great public harm.

(j) Successive Motions Prohibited. The Supreme Court of 

Florida will summarily dismiss any successive motions for 

dissolution that raise issues that were, or with due diligence could 

have been, raised in a prior motion.

(k) Review by the Supreme Court of Florida. The 

Supreme Court of Florida will review and act on the referee’s 

findings and recommendations regarding emergency suspensions 

and interim probations on receipt of the referee’s report on the 

motion for dissolution or amendment. This subdivision does not 

apply to a referee’s final order to determine ownership of funds in 

frozen trust accounts. These final orders of referee are reviewable 

by the Supreme Court of Florida only if a party timely files a 

petition for review under this rule. Briefing schedules following the 

petition for review are as set forth in subchapter 3-7 of these rules.

(l) Hearings on Issues Raised in Petitions for Emergency 

Suspension or Interim Probation and Sanctions. Once the 

Supreme Court of Florida has granted a petition for emergency 

suspension or interim probation under this rule, the referee 

appointed by the court will hear the matter in the same manner as 

provided in rule 3-7.6, except that the referee will hear the matter 

after the lawyer charged has answered the charges in the petition 

for emergency suspension or interim probation or when the time 

has expired for filing an answer. The referee will issue a final report 

and recommendation within 90 days of appointment. If the time 

limit specified in this subdivision is not met, that portion of an 
- 25 -

emergency order imposing a suspension or interim probation will be

automatically dissolved, except on order of the Supreme Court of 

Florida, provided that any other appropriate disciplinary action on 

the underlying conduct still may be taken.

(md) Proceedings in the Supreme Court of Florida. The 

Supreme Court of Florida will expedite consideration of the referee’s 

report and recommendation regarding emergency suspension and 

interim probation. The chief justice will schedule oral argument as 

soon as practicable, if granted.

(ne) Waiver of Time Limits. The respondent may, at any 

time, waive the time requirements set forth in this rule by written 

request made to and approved by the referee assigned to hear the 

matter.

RULE 3-5.3. DIVERSION OF DISCIPLINARY CASES TO 

PRACTICE AND PROFESSIONALISM 

ENHANCEMENT PROGRAMS

(a) Authority of Board. The board of governors is hereby 

authorized to establish practice and professionalism enhancement 

programs to which eligible disciplinary cases may be diverted as an 

alternative to disciplinary sanction.

(b) [No Change]

(c) Limitation on Diversion. A respondent who has been 

the subject of a prior diversion is not eligible for diversion for the 

same type of rule violation for a period of 5 years after the earlier 

diversion. However, aA respondent who has been the subject of a 

prior diversion and then is alleged to have violated a completely 

different type of rule at least 1 year after the initial diversion, will be 

eligible for a practice and professionalism enhancement program.

(d) Approval of Diversion of Cases at Staff or Grievance 

Committee Level Investigations. The bar shallwill not offer a 

respondent the opportunity to divert a disciplinary case that is 
- 26 -

pending at staff or grievance committee level investigations to a 

practice and professionalism enhancement program unless staff 

counsel, the grievance committee chair, and the designated reviewer 

concur.

(e) Contents of Diversion Recommendation. If a diversion 

recommendation is approved as provided in subdivision (d), the 

recommendation shallmust state the practice and professionalism 

enhancement program(s) to which the respondent shallwill be 

diverted, shall state the general purpose for the diversion, and the 

costs thereof to be paid by the respondent.

(f) Service of Recommendation on and Review by 

Respondent. If a diversion recommendation is approved as 

provided in subdivision (d), the bar must serve the recommendation 

shall be served on the respondent, who may accept or reject a 

diversion recommendation in the same manner as provided for 

review of recommendations of minor misconduct. The respondent 

shalldoes not have the right to reject any specific requirement of a 

practice and professionalism enhancement program.

(g) Effect of Rejection of Recommendation by 

Respondent. In the event thatIf a respondent rejects a diversion 

recommendation the matter shallwill be returned for further 

proceedings under these rules.

 

(h) Diversion Before Formal Complaint is Filed. The 

procedures for approval of consent judgments provided elsewhere in 

these rules apply to diversion before the filing of a formal complaint. 

(hi) Diversion at Trial Level.

(1) Agreement of the Parties. A referee may recommend 

diversion of a disciplinary case to a practice and professionalism 

enhancement program if the bar approves diversion and the 

respondent agrees. The procedures for approval of conditional 

pleas provided elsewhere in these rules shall apply to diversion at 

the trial level.
- 27 -

(2) [No Change]

(3) Costs of Practice and Professionalism Enhancement 

Program. A referee’s recommendation of diversion to a practice and 

professionalism enhancement program shallmust state the costs 

thereof to be paid by the respondent.

(4) Appeal of Diversion Recommendation. The 

respondent and the bar shall have the right to appeal a referee’s 

recommendation of diversion, except in the case offor a diversion 

agreed to under subdivision (hi)(1).

(5) Authority of Referee to Refer a Matter to a Practice 

and Professionalism Enhancement Program. Nothing in this rule 

shall precludes a referee from referring a disciplinary matter to a 

practice and professionalism enhancement program as a part of a 

disciplinary sanction.

(ij) Effect of Diversion. When the recommendation of 

diversion becomes final, the respondent shallmust enter the 

practice and professionalism enhancement program(s) and complete 

their requirements thereof. Upon respondent’s entry into a practice 

and professionalism enhancement program, theThe bar shallwill

terminate its investigation into the matter and close its disciplinary 

files shall be closed indicating the diversion on a respondent’s entry 

into a practice and professionalism enhancement program. 

Diversion into the practice and professionalism enhancement 

program shall not constituteis not a disciplinary sanction.

(jk) Effect of Completion of the Practice and 

Professionalism Enhancement Program. If a respondent 

successfully completes all requirements of the practice and 

professionalism enhancement program(s) to which the respondent 

was diverted, theThe bar’s file shallwill remain closed if a 

respondent successfully completes all requirements of the practice 

and professionalism enhancement program(s) to which the 

respondent is diverted.
- 28 -

(kl) Effect of Failure to Complete the Practice and 

Professionalism Enhancement Program. If a respondent fails to 

fully complete all requirements of the practice and professionalism 

enhancement program(s) to which the respondent was diverted, 

including the payment of costs thereof, theThe bar may reopen its 

disciplinary file and conduct further proceedings under these rules

if a respondent fails to complete all requirements of the practice and 

professionalism enhancements program(s) to which the respondent 

is diverted, including payment of associated costs. Failure to 

complete the practice and professionalism enhancement program 

shall be considered asis an matter of aggravationaggravating factor

when imposing a disciplinary sanction.

(lm) Costs of Practice and Professionalism Enhancement 

Programs. The Florida Bar shallwill annually determine the costs 

of practice and professionalism enhancement programs and publish 

the amount of the costs thereof that shallto be assessed against and 

paid by a respondent.

Comment

As to subdivision (c) of 3-5.3, a lawyer who agreed to attend 

the Advertising Workshop in 1 year would not be eligible for another 

such diversion for an advertising violation for a period of 5 years 

following the first diversion. However, that same lawyer would be 

eligible to attend the Advertising Workshop 1 year and then attend 

a Trust Account Workshop for a completely different violation 1 year 

after the first diversion is completed.

RULE 3-6.1. GENERALLY

(a) Authorization and Application. Except as limited in 

this rule, persons or entities providing legal services may employ 

suspended lawyers, lawyers on the inactive list due to incapacity, 

and former lawyers who have been disbarred or whose disciplinary 

resignations or disciplinary revocations have been granted by the 

Supreme Court of Florida (for purposes of this rule these lawyers 

and former lawyers are referred to as “individual(s) subject to this 
- 29 -

rule”) certain lawyers or former lawyers to perform those services 

that may ethically be performed by nonlawyers employed by 

authorized business entities. For purposes of this rule:

(1) these lawyers and former lawyers are referred to as 

“individual(s) subject to this rule”;

(2) “individuals subject to this rule” includes lawyers 

who are on the inactive list due to incapacity or who are suspended 

or have been disbarred by a court or other authorized disciplinary 

agency of this or another jurisdiction; 

(3) the term “disbarred” includes disciplinary 

resignation and revocation, permanent retirement in lieu of 

discipline, or their substantial equivalents; and

(4) An individual subject to this rule is considered 

employed by an entity providing legal services if the individual is a 

salaried or hourly employee, volunteer worker, or an independent 

contractor, or is engaged to provide services to the client arising 

from or related to the client’s legal representation at the 

recommendation of the entity or any of its members or employees.

(b)-(c) [No Change]

(d) Prohibited Conduct.

(1) [No Change]

(2) Trust Funds or Property. Individuals subject to this 

rule must not receive, disburse, or otherwise handle trust funds or 

property as defined in chapter 5 of these rules. Individuals subject 

to this rule must not act as fiduciaries for any funds or property of 

their clients or former clients, their employers’ clients or former 

clients, or the clients or former clients of any entity in which theiran

employer is a beneficial owner.

(3) [No Change]
- 30 -

(e)-(f) [No Change]

Comment

[No Change]

RULE 3-7.1. CONFIDENTIALITY

(a) Scope of Confidentiality. All records including files, 

preliminary investigation reports, interoffice memoranda, records of 

investigations, and the records in trials and other proceedings 

under these rules, except those disciplinary matters conducted in 

circuit courts, are property of The Florida Bar. All of those matters 

are confidential and will not be disclosed except as provided in 

these rules. When disclosure is permitted under these rules, it will 

be limited to information concerning the status of the proceedings 

and any information that is part of the public record as defined in 

these rules.

Unless otherwise ordered by this court or the referee in 

proceedings under these rules, nothing in these rules prohibits the 

complainant, respondent, or any witness from disclosing the 

existence of proceedings under these rules, or from disclosing any 

documents or correspondence served on or provided to those 

persons except where disclosure is prohibited in chapter 4 of these 

rules or by statutes and caselaw regarding attorney-client privilege.

(1) [No Change]

(2) Minor Misconduct Cases. Any case in whichthat has 

been concluded by a finding of minor misconduct has been entered 

by action of the grievance committee or board is public information.

(3) Probable Cause Cases. Any disciplinary case in 

whichthat has a finding of probable cause for further disciplinary 

proceedings has been entered is public information. For purposes 

of this subdivision, a finding of probable cause is deemed in those 

cases authorized by rule 3-3.2(ab), for the filing of a formal 
- 31 -

complaint without the requirement of a finding of probable cause. 

Cases in which a formal complaint has been filed under rule 3-

3.2(b) without a finding of probable cause are public on filing the 

complaint.

(4) [No Change]

(5) Diversion or Referral to Grievance Mediation and Fee 

Arbitration Program. Any disciplinary case that has been concluded 

by diversion to a practice and professionalism enhancement 

program or by referral to the grievance mediation and fee 

arbitration program is public information on the entry of such a 

recommendation.

(6)-(12) [No Change]

(b)-(i) [No Change]

(j) Chemical Dependency and Psychological Treatment. 

That a lawyer, judge, or justice has voluntarily sought, received, or 

accepted treatment for chemical dependency or psychological 

problems is confidential and will not be admitted as evidence in 

disciplinary proceedings under these rules unless agreed to by the 

lawyer, judge, or justice who sought, received, or accepted the 

treatment.

For purposes of this subdivision, a lawyer, judge, or justice is 

deemed to have voluntarily sought, received, or accepted treatment 

for chemical dependency or psychological problems if the lawyer, 

judge, or justice was not under compulsion of law or rule to do so, 

or if the treatment is not a part of conditional admission to The 

Florida Bar or of a disciplinary sanction imposed under these rules.

It is the purpose of this subdivision to encourage lawyers, 

judges, and justices to voluntarily seek advice, counsel, and 

treatment available to lawyers, judges, and justices, without fear 

that the fact it is sought or rendered will or might cause 

embarrassment in any future disciplinary matterbe admitted as 

evidence in disciplinary proceedings under these rules.
- 32 -

(k)-(m) [No Change]

RULE 3-7.3. REVIEW OF INQUIRIES, COMPLAINT 

PROCESSING, AND INITIAL INVESTIGATORY 

PROCEDURES

(a) Screening of Inquiries. Prior to opening a disciplinary 

file, barBar counsel shallmust review theeach written inquiry made 

and determine whether the alleged conduct, if proven, would 

constitute a violation of the Rules Regulating The Florida Bar 

warranting the imposition of discipline before opening a disciplinary 

file. If bar counsel determines that the facts allege a fee dispute 

which, if proven, would probably not constitute a clear violation 

under these rules, barBar counsel may, with the consent of the 

complainant and respondent, refer the matter to The Florida Bar 

Grievance Mediation and Fee Arbitration Program under chapter 14

with the consent of the complaining witness and respondent if bar 

counsel determines that the facts allege a fee dispute which, if 

proven, would probably not constitute a clear violation under these 

rules. IfBar counsel may decline to pursue the inquiry if bar 

counsel determines that the facts, if proven, would not constitute a 

violation of the Rules Regulating The Florida Bar warranting the 

imposition of discipline, bar counsel may decline to pursue the 

inquiry. A decision by bar counsel not to pursue an inquiry 

shalldoes not preclude further action or review under the Rules 

Regulating The Florida Bar. TheBar counsel must notify

complainantthe complaining witness and respondent shall be 

notified of a decision not to pursue an inquiry and shall be

givenand the reasons bar counsel closed the inquirytherefor.

(b) Complaint Processing and Bar Counsel Investigation. 

If bar counsel decides to pursue an inquiry,Bar counsel will open a 

disciplinary file shall be opened and the inquiry shall be considered 

as a complaint, if the form requirement of subdivision (c) is metif 

bar counsel determines further investigation is warranted. Bar 

counsel shallmust investigate the allegations contained in theany 

written complaint that is signed under oath as provided in this rule. 
- 33 -

Bar counsel may open a disciplinary file and investigate when bar 

counsel possesses information that indicates a bar member may 

have violated any Rules Regulating The Florida Bar. Bar counsel 

may obtain subpoenas for witness attendance and the production of 

documentary evidence in accordance with Rule 3-7.11.

(c) Form for Complaints. All complaints must be in writing 

and signed under penalty of perjury, except those initiated by The 

Florida Bar, shall be in writing and under oath. Complaints may be 

signed electronically and submitted to the bar electronically. The 

complaint shallmust contain a statement providing:

Under penalty of perjury, I declare the foregoing facts are 

true, correct, and complete.

(d) Dismissal of Disciplinary Cases. Bar counsel may 

dismiss disciplinary cases if, after complete investigation, bar 

counsel determines, after complete investigation, that the facts 

show that the respondent did not violate the Rules Regulating The 

Florida Bar. Dismissal by bar counsel shalldoes not preclude 

further action or review under the Rules Regulating The Florida 

Bar. Nothing in these rules shall preclude barBar counsel from 

obtainingmay dismiss a case with or without a letter of advice with

the concurrence of the grievance committee chair on the dismissal 

of a case or on dismissal of the case with issuance of a letter of 

advice as described elsewhere in these Rules Regulating The Florida

Bar. If a disciplinary case is dismissed, the complainant shall be 

notified of the dismissal and shall be given the reasons thereforBar 

counsel must notify the complainant of the dismissal and reasons 

for dismissal.

(e) Diversion to Practice and Professionalism 

Enhancement Programs. Bar counsel may recommend diversion 

of disciplinary cases as provided elsewhere in these rules if, after 

complete investigation, bar counsel determines that the facts show 

that the respondent’s conduct did not constitute disciplinary 

violations more severe than minor misconduct.

(f) [No Change]
- 34 -

(g) Information Concerning Closed Inquiries and 

Complaints Dismissed by Staff. When bar counsel does not 

pursue an inquiry or dismisses a disciplinary case, such action 

shall beBar counsel’s closure of an inquiry or complaint is deemed 

a finding of no probable cause for further disciplinary proceedings 

and the matter shall becomes public informationin accordance with 

this subchapter.

RULE 3-7.4. GRIEVANCE COMMITTEE PROCEDURES

(a) Notice of Hearing. When notice of a grievance 

committee hearing is sent to the respondent, such notice shall be 

accompanied byThe bar must provide a list of the grievance 

committee members with the notice of grievance committee hearing 

sent to the respondent.

(b) Complaint Filed With Grievance Committee. A 

grievance committee that receives a complaint received by a 

committee directly from a complainant shall be reportedmust report 

it to the appropriate bar counsel for docketing and assignment of a 

case number, unless the committee resolves the complaint within 

10 days after receipt of the complaint. A written report to bar 

counsel shallmust include the following information: complainant’s 

name and address, respondent’s name, date complaint received by 

committee, copy of complaint letter or summary of the oral 

complaint made, and the name of the committee member assigned 

to the investigation. Formal investigation by a grievance committee

may proceed after the matter has been referred to bar counsel for 

docketing.

(c) Investigation. A grievance committee is required to 

consider all charges of misconduct forwarded to the committee by 

bar counsel, whether based upon a written complaint or not. The 

grievance committee may issue subpoenas in accordance with Rule 

3-7.11.
- 35 -

(d) Conduct of Proceedings. The proceedings of grievance 

committees may be informal in nature and the committees shallare

not be bound by the rules of evidence.

(e) No Delay for Civil or Criminal Proceedings. An 

investigation shallmay not be deferred or suspended without the 

approval of the boardappropriate designated reviewer, even though 

the respondent is made a party to civil litigation or is a defendant or 

is acquitted in a criminal action, notwithstanding that either of 

sucheven if the proceedings involves the subject matter of the 

investigation.

(f) Counsel and Investigators. Upon request of a grievance 

committee, staffStaff counsel may appoint a bar counsel or an 

investigator to assist the grievance committee in an investigation, at 

the committee’s request. Bar counsel shallwill assist each 

grievance committee in carrying out its investigative and 

administrative duties and shallwill prepare status reports for the 

committee, notify complainants and respondents of committee 

actions as appropriate, and prepare all reports reflecting committee 

findings of probable cause, no probable cause, recommended 

discipline for minor misconduct, and letters of advice after no 

probable cause findings.

(g) Quorum, Panels, and Vote.

(1) Quorum. Three members of the committee, 2 of 

whom must be lawyers, shall constitute a quorum.

(2) Panels. The grievance committee may be divided 

into panels of not fewer than 3 members, at least 2/3 of whom 

must be lawyers. Division of theThe grievance committee may be 

divided into panels shall only be upon concurrence of the 

designated reviewer and the chair of the grievance committee. The 

3-member panel shallwill elect 1 of its lawyer members to preside 

over the panel’s actions. If the chair or vice-chair is a member of a 

3-member panel, the chair or vice-chair shall beis the presiding 

officer.
- 36 -

(3) Vote. All findings of probable cause and 

recommendations of guilt of minor misconduct shallmust be made 

by affirmative vote of a majority of the committee members present, 

which majority must number at least 2 members. There shall beis

no required minimum number of lawyer members voting in order to 

satisfy the requirements of this rule. The number of committee 

members voting for or against the committee report shallmust be 

recorded. Minority reports may be filed. A lawyer grievance 

committee member may not vote on the disposition of any matter in 

which that member served as the investigating member of the 

committee.

(h) Rights and Responsibilities of the Respondent. The 

respondent may be required to testify and to produce evidence, as 

any other witness, unless the respondent claims a privilege or right 

properly available to the respondent under applicable federal or 

state law. The respondent may be accompanied by counsel. At a 

reasonable time before any finding of probable cause or minor 

misconduct is made, theThe bar must advise the respondent shall 

be advised of the conduct that is being investigated and the rules 

that may have been violated at a reasonable time before any finding 

of probable cause or minor misconduct is made. The bar must 

provide the respondent shall be provided with all materials 

considered by the committee and shall be givengive the respondent

an opportunity to make a written statement, sworn or unsworn, 

explaining, refuting, or admitting the alleged misconduct.

(i) Rights of the Complaining Witness. The complaining 

witness is not a party to the disciplinary proceeding. Unless it is 

found to be impractical by the chair of the grievance committee due 

to unreasonable delay or other good cause, theThe complainant 

shall be grantedhas the right to be present at any grievance 

committee hearing when the respondent is present before the 

committee, unless found impractical by the chair of the grievance 

committee for unreasonable delay or other good cause. Neither 

unwillingness nor neglect of the complaining witness to cooperate, 

nor settlement, compromise, or restitution, will excuse the 

completion of an investigation.The bar’s investigation will be 

completed, regardless of whether the complaining witness is 
- 37 -

uncooperative, delays, or notifies the bar of settlement or 

compromise with the respondent or that the respondent has made 

restitution. The complaining witness shall havehas no right to 

appeal.

(j) Finding of No Probable Cause.

(1) Authority of Grievance Committee. A grievance 

committee may terminate an investigation by finding that no 

probable cause exists to believe that the respondent has violated 

these rules. The committee may issue a letter of advice to the 

respondent in connection with the finding of no probable cause.

(2) Notice of Committee Action. Bar counsel shallmust

notify the respondent and complainant of the action of the 

committee.

(3) Effect of No Probable Cause Finding. A finding of no 

probable cause by a grievance committee shalldoes not preclude the 

reopening of the case and further proceedings therein.

(4) Disposition of Committee Files. Upon the 

termination of the grievance committee’s investigation, the 

committee’sThe committee will forward its file shall be forwarded to 

bar counsel for disposition in accord withunder established bar 

policy.

(k) Letter Reports in No Probable Cause Cases. Upon a 

finding of no probable cause, barBar counsel will submit a letter 

report of thea no probable cause finding to the complainant, 

presiding member, investigating member, and the respondent, 

including any appropriate documentation, deemed appropriate by 

bar counsel and explaining why the complaint did not warrant 

further proceedings. Letters of advice issued by a grievance 

committee in connection with findings of no probable cause 

shallmust be signed by the presiding member of the committee. 

Letter reports and letters of advice shalldo not constitute a 

disciplinary sanction.
- 38 -

(l) Preparation, Forwarding, and Review of Grievance 

Committee Complaints. If a grievance committee or the board of 

governors finds probable cause, the bar counsel assigned to the 

committee shallmust promptly prepare a record of its investigation 

and a formal complaint. The record before the committee shall 

consists of all reports, correspondence, papers, and/or recordings 

furnishedprovided to or received from the respondent, and the 

transcript of grievance committee meetings or hearings, if the 

proceedings were attended by a court reporter; provided, however, 

that the. The committee may retire into privateexecutive session to 

debate the issues involved and to reach a decision as todecide the 

action to be taken. The formal complaint shallmust be approved by 

the member of the committee who presided in the proceeding. The 

board prescribes the form of formal complaints shall be in such 

form as shall be prescribed by the board. If the presiding member 

of the grievance committee disagrees with the form of the complaint, 

the presiding member may direct bar counsel to make changes

accordingly. If bar counsel does not agree with the changes, the 

matter shall beis referred to the designated reviewer of the 

committee for appropriate action. When a formal complaint by a 

grievance committee is not referred to the designated reviewer, or is 

not returned to the grievance committee for further action, the 

formal complaint shallmust be promptly forwarded to and reviewed 

by staff counsel. Staff counsel shallmust file the formal complaint 

and furnishprovide a copy to the respondent. Staff counsel 

shallmust request the Chief Justice of the Supreme Court of Florida 

to assign a referee or to order the chief judge of the appropriate 

circuit to assign a referee to try the causecase. A copy of the record 

shallwill be made available to the respondent at the respondent’s 

expense.

If, at any time before the filing of a formal complaint, bar 

counsel, staff counsel, and the designated reviewer all agree that 

appropriate reasons indicate that the formal complaint should not 

be filed, the case may be returned to the grievance committee for 

further action.

(m) Recommendation of Admonishment for Minor 

Misconduct. If the committee recommends an admonishment for 
- 39 -

minor misconduct, bar counsel drafts the grievance committee 

report shall be drafted by bar counsel, and the presiding member 

signs it and signed by the presiding member. The committee report 

need only include: (1) the committee’s recommendations regarding 

the admonishment, revocation of certification, and conditions of 

recertification; (2) the committee’s recommendation as to the 

method of administration of the admonishment; (3) a summary of 

any additional charges that will be dismissed if the admonishment 

is approved; (4) any comment on mitigating, aggravating, or 

evidentiary matters that the committee believes will be helpful to 

the board in passing upon the admonishment recommendation; 

and (5) an admission of minor misconduct signed by the 

respondent, if the respondent has admitted guilt to minor 

misconduct. No record need be submitted with such athe report. 

After the presiding member signs the grievance committee report, 

the report shall beis returned to bar counsel. The report 

recommending an admonishment shallmust be forwarded to staff 

counsel and the designated reviewer for review. If staff counsel 

does not return the report to the grievance committee to remedy 

any defect therein, or if the designated reviewer does not present 

the samereport to the disciplinary review committee for action by 

the board, bar counsel will then serve the report shall then be 

served on the respondent by bar counsel.

(n) Rejection of Admonishment. The order of 

admonishment shall becomes final unless rejected by the 

respondent within 1530 days after service upon the respondent. If 

rejected by the respondent, the report shall be referred to bar 

counsel and referee for trial on complaint of minor misconduct to be 

prepared by bar counselwill prepare a formal complaint as in the 

case of a finding of probable cause.

(o) Recommendation of Diversion to Remedial Programs. 

A grievance committee may recommend, as an alternative to issuing 

a finding of minor misconduct or no probable cause with a letter of 

advice, diversion of the disciplinary case to a practice and 

professionalism enhancement program as provided elsewhere in 

these rules. A respondent may reject the diversion recommendation 

in the same manner as provided in the rules applicable to rejection 
- 40 -

of findings of minor misconduct. In the event that a respondent 

rejects a recommendation of diversion, the matter shall beis

returned to the committee for further proceedings.

RULE 3-7.6. PROCEDURES BEFORE A REFEREE

(a) [No Change]

(b) Trial by Referee. Proceedings after assignment of a 

referee on the bar's filing a formal complaint are adversary 

proceedings conducted under this rule.

(c)-(g) [No Change]

(h) Pleadings. Pleadings may be informal and must comply 

with the following.

(1) Complaint; Consolidation and Severance.

(A) [No Change]

(B) Content. The complaint must set forth the 

particular act or acts of conduct for which the Florida Bar 

memberrespondent is sought to be disciplined.

(C) [No Change]

(2)-(4) [No Change]

(5) Filing and Service of Pleadings.

(A) Before Appointment of Referee. Any pleadings 

filed in a case before appointment of a referee must be filed with the 

Supreme Court of Florida in an electronic format approved by the 

supreme court and must include a certificate of service showing 

parties on whom service of copies has been made. The Supreme 

Court of Florida notifies the parties of the referee’s appointment and 
- 41 -

forwards all pleadings filed with the court to the referee for action 

on appointment of the referee.

(B) After Appointment of Referee. All pleadings, 

motions, notices, and orders filed after appointment of a referee 

must be filed with the referee in an electronic format approved by 

the supreme court and must include a certificate of service showing 

service of a copy on the bar's staff counsel and bar counsel and on 

all interested parties to the proceedings.

(C) Subpoenas for witness attendance and 

production of documentary evidence before a referee must be issued 

by the referee and must be served either in the manner provided by 

law for the service of process or by an investigator employed by The 

Florida Barthe bar.

(6)-(8) [No Change]

(i)-(j) [No Change]

(k) Complaining Witness. The complaining witness is not a 

party to the disciplinary proceeding and has no rights other than 

those of any other witness. The referee may grant the complaining 

witness the right to be present at any hearing when the respondent 

is also present after the complaining witness has testified during 

the case in chief, unless the complaining witness’ presence is found 

to be impractical due to unreasonable delay or other good cause. A 

complaining witness may be called on to testify and produce 

evidence as any other witness. The bar may proceed with trial 

regardless of a complainant’scomplaining witness’ lack of 

cooperation or any settlement, compromise, or restitution between

the respondent and complainantcomplaining witness. The 

complaining witness has no right to appeal.

(l) [No Change]

(m) Referee’s Report.
- 42 -

(1)-(2) [No Change]

(3) Filing of Report. The referee must file the report and 

record of proceedings with the Supreme Court of Florida in an 

electronic format approved by the supreme court. The referee must 

serve copies of the report on the parties including staff counsel. 

Bar counsel will make a copy of the record, as filed, available to 

other parties on request and payment of the actual costs of 

reproduction. The referee may not file the report of referee and 

record until the time for filing a motion to assess costs has expired 

and no motion has been filed or, if the motion was timely filed, until 

the motion has been considered and a ruling entered.

(n) The Record.

(1) Recording of Testimony. A court reporter must 

attend and record all testimony at all hearings at which testimony 

is presented. Transcripts of testimony are not required to be filed in 

the matter. Any party requesting transcripts be filed in the matter 

must pay the cost of transcription directly to the court reporter. 

Transcripts ordered filed by the refereeIf the referee orders that 

transcripts be filed, they are subject to assessment as costs as 

elsewhere provided in these rules.

(2) [No Change]

(3) Preparation and Filing. The referee, with the 

assistance of bar counsel, prepares the record, certifies that the 

record is complete, serves a copy of the index of the record on the 

respondent and The Florida Bar, and files the record with the office 

of the clerk of the Supreme Court of Florida in an electronic format 

approved by the supreme court.

(4) [No Change]

(o)-(q) [No Change]

Court Comment

[No Change]
- 43 -

Comment

[No Change]

RULE 3-7.7. PROCEDURES BEFORE SUPREME COURT OF 

FLORIDA

All reports of a referee reports and all judgments entered in 

proceedings under these rules are subject to review by the Supreme 

Court of Florida in the following manner:.

(a) Right of Review.

(1) Any party to a proceeding may request review of all 

or part of a referee’s report of a referee or judgment entered under 

these rules.

(2) The Supreme Court of Florida reviews all referee 

reports and judgments of referees recommending probation, public 

reprimand, suspension, disbarment, or revocation pending 

disciplinary proceedings.

(3) [No Change]

(b) [No Change]

(c) Procedure for Review. The Supreme Court of Florida 

will conduct its review using the following procedures:.

(1) Notice of Intent to Seek Review of Report of Referee. 

A party to a bar disciplinary proceeding seeking review of a report of 

referee must givefile notice of that intent to seek review of a referee’s 

report, specifying any portion of the referee’s report to be reviewed, 

within 60 days of the date on which the referee’s report is docketed 

by the Clerk of the Supreme Court of Florida in an electronic format 

approved by the Supreme Court of Florida. The Florida Bar will 

provide prompt written notice of the board’s action, if any, to the 

respondent. The proceeding begins by filing with the Supreme 
- 44 -

Court of Florida notice of intent to seek review of a report of referee, 

specifying those portions of the report of a referee sought to be 

reviewed. Within 20 days after service of the notice of intent to seek 

review, theThe opposing party may file a cross-notice for review 

specifying any additional portion of the referee’s report for which 

that party seeks review within 20 days after service of the notice. 

The filing of the notice or cross-notice to seek review is 

jurisdictional as to a review to be procured as a matter of, and the 

party who fails to timely file notice loses supreme court review as a

right., but the The court may, in its discretion, consider a late-filed 

notice or cross-notice on a showing of good cause.

(2) Record on Review. The report and record filed by 

the referee shall constitute the record on review. If hearings were 

held at which testimony was heard, but no transcripts were filed in 

the matter, the party seeking review must order preparation of all 

transcripts, file the transcripts with the court, and serve copies on 

the opposing party on or before the time of filing of the initial brief, 

as provided elsewhere in this rule. The party seeking review must 

pay the court reporter cost of transcript preparation. Failure to 

timely file and serve transcripts may be cause to dismiss the party’s 

petition for review.

(3) [No Change]

(4) Oral Argument. Request for oral argument may be 

filed in any case a party files a notice of intent to seek review at the 

time of filing the first brief. If no request is filed, the case will be 

disposed of without oral argument, unless the court orders 

otherwise.

(5) [No Change]

(6) Judgment of Supreme Court of Florida.

(A) Authority. After review, theThe Supreme Court 

of Florida will enter an appropriate order or judgment after review. 

If no review is sought of a referee’s report of a referee entered under 

the rules and filed in the court, the findings of fact are deemed 
- 45 -

conclusive, and the referee’s recommended disciplinary measure 

will be the disciplinary measure imposed by the court, unless the 

court directs the parties to submit briefs or conduct oral argument 

on the suitability of the referee’s recommended disciplinary 

measure. A referee’s report that becomes final when no review has 

been timely filed will be reported in an order of the Supreme Court 

of Florida.

(B) Form. The court’s judgment may include 

judgment in favor of any:

(i) the party to whom costs are awarded;

(ii) the person(s) to whom restitution is 

ordered; or 

(iii) the person(s) to whom a fee is ordered to 

be forfeited.

(7) Procedures on Motions to Tax Costs. The court may 

consider a motion to assess costs if the motion is filed within 10 

days of the entry of the court’s order or opinion where the referee 

finds the respondent not guilty at trial and the court, on review, 

finds the respondent guilty of at least 1 rule violation and does not 

remand the case to the referee for further proceedings or where the 

respondent was found guilty at trial and the court, on review, finds 

the respondent not guilty of any rule violation. The party from 

whom costs are sought has 10 days from the date the motion was 

filed in which to serve an objection. Failure to timely file a petition 

for costs or to timely serve an objection, without good cause, waives 

the request or objection to the costs, and the court may enter an 

order without further proceedings. If an objection is timely filed, or 

the court otherwise directs, the court will remand the motion will be 

remanded to the referee. On remand, the referee must file a 

supplemental report that includes a statement of costs incurred 

and the manner in which the costs should be assessed. Any party 

may seek review of the supplemental report of referee in the same 

manner as provided for in this rule for other reports of the referee.
- 46 -

(d)-(f) [No Change]

(g) Contempt by Respondent. Whenever it is alleged that a 

respondent is in contempt in a disciplinary proceeding, aA petition 

for an order to show cause why the respondent should not be held 

in contempt in a disciplinary proceeding and the proceedings on the 

petition may be filed in and determined by the court or as provided 

under rule 3-7.11(f).

(h) Pending Disciplinary Cases. If the court orders 

disbarment or disciplinary revocation, that order may include the 

dismissal without prejudice of other pending disciplinary cases 

against the respondent. If the revocation is granted by the court, 

the revocation dismisses all pending disciplinary cases against that 

respondent.

Comment

[No Change]

RULE 3-7.9. CONSENT JUDGMENT

(a) Before Formal Complaint is Filed. If before a formal 

complaint is filed a respondent states a desire to plead guilty before 

a formal complaint is filed, bar counsel shall consults established 

board guidelines for discipline and confers with the designated 

reviewer. If bar counsel or the designated reviewer rejects the 

proposed consent judgment, the matter shallis not be referred to 

the board of governors. If bar counsel and the designated reviewer 

approve the proposed consent judgment, bar counsel advises the 

respondent shall be advised that bar counsel and the designated 

reviewer will recommend approval of the respondent’s written plea, 

and the matter shall beis placed on the agenda of the board of 

governors for its review. If the board of governors concurs in the 

consent judgment, bar counsel shall notifynotifies the respondent 

and files all necessary pleadings to secure approval of the plea. If a 

proposed consent judgment is rejected, bar counsel shall prepares

and files a complaint as provided elsewhere in these rules.
- 47 -

(b) After Filing of Formal Complaint. If a respondent 

states a desire to plead guilty to a formal complaint that has been 

filed, staff counsel shall consults established board guidelines for 

discipline and confers with the designated reviewer. If staff counsel 

or the designated reviewer rejects the proposed consent judgment, 

the plea shallis not be filed with the referee. If staff counsel and the 

designated reviewer approve the proposed consent judgment, bar 

counsel advises the respondent shall be advised that staff counsel 

and the designated reviewer will recommend approval of the 

respondent’s written plea, and the consent judgment shall beis filed 

with the referee. If the referee accepts the consent judgment, the 

referee shall enters a report and files samethe report with the court 

as provided elsewhere in these rules. If the referee rejects the 

consent judgment, the matter shall proceeds as provided in this 

chapter.

(c) Approval of Consent Judgments. Acceptance of any 

proposed consent judgment shall beis conditioned on final approval 

by the Supreme Court of Florida, and the court’s order will recite 

the disciplinary charges against the respondent.

(d) Content of Conditional Pleas. All conditional pleas 

shallmust show clearly by reference or otherwise the disciplinary 

offenses to which the plea is made. All conditional pleas in which 

the respondent agrees to the imposition of a suspension or 

disbarment shallmust include an acknowledgment that, unless 

waived or modified by the court on motion of the respondent, the 

court order accepting the conditional plea will contain a provision 

that prohibits the respondent from accepting new business from the 

date of the order or opinion and shallmust provide that the 

suspension or disbarment is effective 30 days from the date of the 

order or opinion so that the respondent may close out the practice 

of law and protect the interests of existing clients. A conditional 

plea may not permit a respondent to begin serving a suspension or 

disbarment until the Supreme Court of Florida issues an order or 

opinion approving the recommended discipline.

(e) Disbarment on Consent. A respondent may surrender 

membership in The Florida Bar in lieu of defending against 
- 48 -

allegations of disciplinary violations by agreeing to disbarment on 

consent. Disbarment on consent shall havehas the same effect as, 

and shall beis governed by, the same rules provided for disbarment 

elsewhere in these Rules Regulating The Florida Barrules.

Matters involving disbarment on consent shall beare processed in 

the same manner as set forth in subdivisions (a) through (d) of this 

rule and elsewhere in these Rules Regulating The Florida Barrules, 

except that a respondent may enter into a disbarment on consent 

without admitting any of the facts or rule violations alleged by the 

bar. In suchthat event, the disbarment on consent shallmust set 

forth a brief recitation of the allegations underlying the disbarment 

on consent. This option shallis only be available for disbarments on 

consent and not for any other type of consent judgment.

(f) Effect of Pleas on Certification. In negotiating consent 

judgments with a respondent or in recommending acceptance, 

rejection, or offer of a tendered consent judgment, staff counsel and 

the designated reviewer shallmust consider and express a 

recommendation on whether the consent judgment shallwill include 

revocation of certification if held by the attorneylawyer and 

restrictions to be placed on recertification in such areas. When 

certification revocation is agreed to in a consent judgment, the 

revocation and any conditions on recertification will be reported to 

the legal specialization and education director for recording 

purposes.

RULE 3-7.10. REINSTATEMENT AND READMISSION 

PROCEDURES

(a) Reinstatement; Applicability. A lawyer who is 

ineligible to practice due to a court-ordered disciplinary suspension 

of 91 days or more or who has been placed on the inactive list for 

incapacity not related to misconduct may be reinstated to 

membership in good standing in The Florida Bar and be eligible to 

practice again pursuant tounder this rule. The proceedings under 

this rule are not applicabledo not apply to any lawyer who is not 

ineligible to practice law due to a delinquency as defined in rule 1-

3.6 of these rules.
- 49 -

(b) Petitions; Form and Contents.

(1) Filing. The original petition for reinstatement must 

be verified by the petitioner and filed with the Supreme Court of 

Florida in an electronic format approved by the supreme court and

in compliance with the Florida Rules of Civil Procedure and the 

Florida Rules of General Practice and Judicial Administration. A 

copy must be served on The Florida Bar’s staff counsel, The Florida 

Bar, in compliance with applicable court rules. The petition for 

reinstatement may not be filed until the petitioner has completed at 

least 80% of the term of that lawyer’s period of suspension.

(2) Form and Exhibits. The petition must be in the form 

and accompanied by the exhibits provided for elsewhere in this 

rule. The information required concerning the petitioner may 

include any or all of the following matters in addition to any other 

matters that may be reasonably required to determine the 

petitioner’s fitness of the petitioner to resume the practice of law

may include, but is not limited to: criminal and civil judgments; 

disciplinary judgments; copies of income tax returns together with 

consents to secure original returns; occupation during suspension 

and employment related information; financial statements; and 

statement of restitution of funds that were the subject matter of 

disciplinary proceedings. In cases seeking reinstatement from 

incapacity, the petition must also include copies of all pleadings in 

the matter leading to placement on the inactive list and all other 

matters reasonably required to demonstrate the petitioner’s

character and fitness of the petitioner to resume the practice of law.

(c)-(d) [No Change]

(e) Bar Counsel. When a petition for reinstatement is filed, 

the board of governors or staff counsel, if authorized by the board of 

governors, may appoint bar counsel to represent The Florida Bar in 

the proceeding. The lawyer’s duty is to appear at the hearings and 

to prepare and present evidence to the referee evidence that, in the 

opinion of the referee or lawyer, will be considered in passing on the 

petition.
- 50 -

(f) Determination of Fitness by Referee HearingReferee

Hearing Determining Fitness. The referee to whom the petition 

for reinstatement is referred must conduct the hearing as a trial, in 

the same manner, to the extent practical, as provided elsewhere in 

these rules. The referee may not refer the petition to civil or 

grievance mediation. The referee must decide the petitioner’s 

fitness of the petitioner to resume the practice of law. In making 

this determination, the referee will consider whether the petitioner 

has engaged in any disqualifying conduct, the character and fitness 

of the petitioner, and whether the petitioner has been rehabilitated, 

as further described in this subdivision. All conduct engaged in 

after the date of admission to The Florida Bar is relevant in 

proceedings under this rule.

(1) Disqualifying Conduct. A record manifesting a 

deficiency in the honesty, trustworthiness, diligence, or reliability of 

a petitioner may constitute a basis for denial of reinstatement. The 

following are considered disqualifying conduct:

(A)-(M) [No Change]

(N) failure of a felony-suspended lawyer to submit 

proof that the affected lawyer’s civil rights have been restored; and

(O) holding out as if eligible to practice in any 

manner including, but not limited to, use of terms such as lawyer, 

attorney, esquire, or counselor at law in any communication 

including, but not limited to, letterhead, business cards, websites, 

and social media; and

(P) any other conduct that adversely reflects on 

the character or fitness of the applicant.

(2) [No Change]

(3) Elements of Rehabilitation. Merely showing that an 

individual is now living as and doing those things that should be 

done throughout life, although necessary to prove rehabilitation, 
- 51 -

does not prove that the individual has undertaken a useful and 

constructive place in society. Any petitioner for reinstatement from 

discipline for prior misconduct is required to produce clear and 

convincing evidence of rehabilitation including, but not limited to, 

the following elements:

(A)-(G) [No Change]

The requirement of positive action is appropriate for persons 

seeking reinstatement to the bar as well as for applicants for 

admission to the bar because service to one’s community is an 

essential obligation of members of the bar.

(4) Educational Requirements.

(A) [No Change]

(B) A petitioner who has been ineligible to practice 

for 5 years or more will not be reinstated under this rule until the 

petitioner has re-taken and provided proof in the lawyer’s petition 

for reinstatement that the lawyer has passed both the Florida 

portions of the Florida Bar Examination and the Multistate 

Professional Responsibility Examination (MPRE). The results for 

both exams must be valid under the Rules of the Supreme Court 

Relating to Admission to the Bar when the petition is filed and will 

remain valid for at least 3 years after the filing of the petition. A 

petitioner must have proof of passing all these required portions of 

the bar examination before that petitioner may file a petition for 

reinstatement under this subdivision.

(g) Hearing; Notice; Evidence.

(1) Notice. The referee to whom the petition for 

reinstatement is referred will fix a time and place for hearing, and 

notice of the hearing will be provided at least 10 days prior tobefore

the hearing to the petitioner, to lawyers representing The Florida 

Bar, and to other persons who may be designated by the appointed 

referee.
- 52 -

(2) Appearance. Any persons to whom notice is given, 

any other interested persons, or any local bar association may 

appear before the referee in support of or in opposition to the 

petition at any time or times fixed for the hearings.

(3) Failure of Petitioner to be ExaminedPetitioner’s 

Failure to Submit to Examination. For the failure of the petitioner to 

submit to examination as a witness pursuant to notice given, 

theThe referee will dismiss the petition for reinstatement if the 

petitioner fails to submit to examination as a witness after notice, 

unless good cause is shown for the failure.

(4) Summary Procedure. If after the completion of 

discovery bar counsel is unable to discover any evidence on which 

denial of reinstatement may be based and if no other person 

provides any relevant evidence, barBar counsel may, with the 

approval of the designated reviewer and staff counsel, stipulate to 

the issue of reinstatement, including conditions for reinstatement if 

bar counsel is unable to discover, and no other person provides, 

any relevant evidence to deny reinstatement after discovery is 

completed. The stipulation must include a statement of costs as 

provided elsewhere in these Rules Regulating The Florida Barrules.

(5) Evidence of Treatment or Counseling for Dependency 

or Other Medical Reasons. If the petitioner has sought or received 

treatment or counseling for chemical or alcohol dependency or for 

other medical reasons that relate to the petitioner’s fitness to 

practice law, the petitioner must waive confidentiality of suchthat

treatment or counseling for purposes of evaluation ofto evaluate the 

petitioner’s fitness. The provisions of rule 3-7.1(d) are 

applicableapply to information or records disclosed under this 

subdivision.

(h)-(i) [No Change]

(j) Recommendation of Referee and Judgment of the 

Court. If the petitioner is found unfit to resume the practice of law, 

the petition will be dismissed. If the petitioner is found fit to 

resume the practice of law, the referee will enter a report 
- 53 -

recommending, and the court may enter an order of, reinstatement 

of the petitioner in The Florida Bar; provided, however, that the 

reinstatement may be conditioned on the payment of all or part of 

the costs of the proceeding and on the making of partial or complete 

restitution to parties harmed by the petitioner’s misconduct that led 

to the petitioner’s suspension of membership in The Florida Bar or 

conduct that led to the petitioner’s incapacity; and, if. If petitioner’s

suspension or incapacity of the petitioner has continued for more 

than 3 years, the reinstatement may be conditioned on proof of 

competency as may be required by the judgment in the discretion of 

the Supreme Court of Florida. Proof may include certification by 

the Florida Board of Bar Examiners of the successful completion of 

an examination for admission to The Florida Bar subsequent toafter

the date of the suspension or incapacity.

(k) Successive Petitions. No person may file a petition for 

reinstatement may be filed within 1 year following an adverse 

judgment on a petition for reinstatement filed by or on behalf of the 

same person. In cases of incapacity, no petition for reinstatement 

may be filed within 6 months followingafter an adverse judgment 

under this rule.

(l) Petitions for Reinstatement to Membership in Good 

Standing.

(1) [No Change]

(2) Style of Petition. Petitions must be styled in the 

Supreme Court of Florida and filed with the Supreme Court of 

Florida in accordance with the court’s filing requirements, including 

e-filing requirements where applicable. A copy must be served on 

staff counsel, The Florida Bar, 651 East Jefferson Street, 

Tallahassee, Florida 32399-2300 at the bar’s headquarters address 

in Tallahassee.

(3) Contents of Petition. The petition must be verified by 

the petitioner and accompanied by a written authorization to the 

District Director of the Internal Revenue Service, authorizing the 

furnishing of certified copies of the petitioner’s tax returns for the 
- 54 -

past 5 years or since admission to the bar, whichever is greater. 

The authorization must be furnished on a separate sheet. The 

petition must have attached as an exhibit a true copy of all 

disciplinary judgments previously entered against the petitioner. It 

must also include the petitioner’s statement concerning the 

following:

(A) [No Change]

(B) the conduct, offense, or misconduct on which 

the suspension or incapacity was based, together with the date of 

suchthe suspension or incapacity;

(C)-(F) [No Change]

(G) a statement showing all the petitioner’s 

financial obligations of the petitioner, including, but not limited to, 

amounts claimed, unpaid, or owing to The Florida Bar Clients’ 

Security Fund or former clients at the date of filing of the petition, 

together with the names and addresses of all creditors;

(H) [No Change]

(I) a statement showing dates, general nature, 

and ultimate disposition of every matter involving the petitioner’s 

arrest or prosecution of the petitioner during the period of 

suspension for any crime, whether felony or misdemeanor, together 

with the names and addresses of complaining witnesses, 

prosecuting lawyers, and trial judges;

(J) a statement as to whether any applications 

were made during the period of suspension for a license requiring 

proof of good character for its procurement; and, for each 

application, the date and the name and address of the authority to 

whom it was addressed, and its disposition;

(K) a statement of any procedure or inquiry, 

during the period of suspension, covering the petitioner’s standing 

as a member of any profession or organization, or holder of any 
- 55 -

license or office, that involved the censure, removal, suspension, 

revocation of license, or discipline of the petitioner; and, as to each, 

the dates, facts, and the disposition, and the name and address of 

the authority in possession of these records;

(L) a statement as to whether any fraud charges

were made or claimed against the petitioner during the period of 

suspension, whether formal or informal, together with the dates 

and names and addresses of persons making these charges;

(M)-(O) [No Change]

(4) Comments on Petition. On the appointment of a 

referee and bar counsel, copies of the petition will be furnished by 

the bar counsel to local board members, local grievance 

committees, and to other persons mentioned in this rule. Persons 

or groups that wish to respond must direct their comments to bar 

counsel. The proceedings and finding of the referee will relate to 

those matters described in this rule and also to those matters 

tending to show the petitioner’s rehabilitation, present fitness to 

resume the practice of law, and the effect of the proposed 

reinstatement on the administration of justice, and purity of the 

courts, and confidence of the public in the profession.

(5) [No Change]

(m) [No Change]

(n) Readmission; Applicability. A former member who has 

been disbarred, disbarred on consent, or whose petition for 

disciplinary resignation or revocation has been accepted may be 

admitted again only upon full compliance with the rules and 

regulations governing admission to the bar. No application for 

readmission following disbarment, disbarment on consent, or 

disciplinary resignation or revocation may be tendered until such 

time as all restitution and disciplinary costs as may have been 

ordered or assessed have been paid, together with any interest 

accrued.
- 56 -

(1) Readmission After Disbarment. Except as might be 

otherwise provided in these rules, no application for admission may 

be tendered within 5 years after the date of disbarment or suchany

longer period of time as the court might determine in the 

disbarment order. An order of disbarment that states the 

disbarment is permanent precludes readmission to The Florida Bar.

(2) Readmission After Disciplinary Resignation or 

Revocation. A lawyer’s petition for disciplinary resignation or 

revocation that states that it is without leave to apply for 

readmission will preclude any readmission. A lawyer who was 

granted a disciplinary resignation or revocation may not apply for 

readmission until all conditions of the Supreme Court of Florida’s 

order granting the disciplinary resignation or revocation have been 

complied with.

Comment

[No Change]

RULE 3-7.12. DISCIPLINARY REVOCATION OF ADMISSION TO 

THE FLORIDA BAR

If a disciplinary agency is investigating the conduct of a 

lawyer, or if such an agency has recommended probable cause, 

then disciplinary proceedings shall be deemed to be pending and a 

petition for disciplinary revocation may be filed pursuant to this 

rule. Disciplinary revocation is tantamount to disbarment in that 

both sanctions terminate the license and privilege to practice law 

and both require readmission to practice under the Rules of the 

Supreme Court Relating to Admissions to the Bar. A lawyer may 

seek disciplinary revocation of admission to The Florida Bar during 

the progress of disciplinary proceedings in the following manner:

(a) Applicability. A lawyer may seek disciplinary revocation 

of admission to The Florida Bar if a disciplinary agency is 

investigating that lawyer’s conduct before or after a 

recommendation of probable cause.
- 57 -

(ab) Petition for Disciplinary Revocation. TheA petition for 

disciplinary revocation shallmust be styled “In re .....(respondent’s 

name).....,” titled “Petition for Disciplinary Revocation,” filed with 

the Supreme Court of Florida in an electronic format approved by 

the supreme court, and shall contain a statement of all past and 

pending disciplinary actions and criminal proceedings against the 

petitioner. The statement shallmust describe the charges made or 

those under investigation for professional misconduct, results of 

past proceedings, and the status of pending investigations and 

proceedings. The petition shallmust state whether it is with or 

without leave to apply for readmission to the bar. A copy of the 

petition shallmust be served upon the executive director of The 

Florida Bar.

(bc) Judgment. Within 60 days after filing and service of the 

petition, The Florida Bar shallmust file with the Supreme Court of 

Florida its response to the petition either supporting or opposing 

the petition for disciplinary revocation within 60 days after service 

of the petition on the bar. The bar’s response shallmust be 

determined by the bar’s board of governors. AThe bar must serve a

copy of the response shall be served upon the petitioner. The 

Supreme Court of Florida shallwill consider the petition, any 

response, and the charges against the petitioner. The Supreme 

Court of Florida may enter judgment granting disciplinary 

revocation if it has been shown by the petitioner in a proper and 

competent manner that the public interest will not be adversely 

affected by the granting of the petition and that such will neitherwill

not adversely affect the public interest, the integrity of the courts,

nor hinder the administration of justice, or nor the confidence of 

the public in the legal profession. If otherwise,The Supreme Court 

of Florida otherwise will deny the petition shall be denied. If the 

judgment grants the disciplinary revocation, theA judgment 

granting disciplinary revocation may require that the disciplinary 

revocation be subject to appropriate conditions. Such conditions 

may include including, but shall not be limited to, requiring the 

petitioner to submit to a full audit of all client trust accounts, to 

execute a financial affidavit attesting to current personal and 

professional financial circumstances, and to maintain a current 

mailing address with the bar for a period of 5 years after the 
- 58 -

disciplinary revocation becomes final or such another time periodas 

the court may order.

(d) Effect of Disciplinary Revocation. Disciplinary 

revocation is tantamount to disbarment and terminates the lawyer’s 

license and privilege to practice law and requires readmission to 

practice under the Rules of the Supreme Court Relating to 

Admissions to the Bar.

(ce) Delay of Disciplinary Proceedings. The filing of a 

petition for disciplinary revocation shalldoes not stay the progress 

of the disciplinary proceedings without the approval of the bar’s 

board of governors.

(df) Dismissal of Pending Disciplinary Cases. If 

disciplinary revocation is granted by the Supreme Court of Florida 

under this rule, suchthe disciplinary revocation shall serves to 

dismiss all pending disciplinary cases.

(eg) Costs of Pending Disciplinary Cases. The judgment of 

the court granting disciplinary revocation may impose a judgment 

for the costs expended by The Florida Bar in all pending 

disciplinary cases against the respondent. Such costs shall be of 

the types and amountsThese costs are as authorized elsewhere in 

these Rules Regulating The Florida Bar.

Comment

The disciplinary revocation rule replaces the former 

disciplinary resignation rule, but with added safeguards. 

Disciplinary revocation is allowed for a minimum of 5 years up to 

permanent disciplinary revocation. The bar’s response to all such 

petitions for disciplinary revocation must be determined by the 

bar’s board of governors. Disciplinary revocation, like the formerly 

allowed disciplinary resignation, is “tantamount to disbarment.” 

The Florida Bar v. Hale, 762 So.2d 515, 517 (Fla. 2000). Like 

disbarred lawyers, lawyers whose licenses have been disciplinarily 

revoked pursuant to disciplinary revocation still remain subject to 

the continuing jurisdiction of the Supreme Court of Florida and 
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must meet all requirements for readmission to bar membership. 

The Florida Bar v. Ross, 732 So.2d 1037, 1041 (Fla. 1998); The 

Florida Bar v. Hale, 762 So.2d 515, 517 (Fla. 2000).

RULE 3-7.16. LIMITATION ON TIME TO OPEN INVESTIGATION

(a) Time for Initiating Investigation of Complaints and 

Re-opened Cases. 

(1)-(2) [No Change]

(3) Deferred Investigations. A disciplinary investigation 

whichthat began with the opening of a discipline file and bar 

inquiries to a respondent within the 6-year time period as described 

in this rule and was then deferred in accordance withunder bar 

policy and the Rules Regulating The Florida Bar, is not time barred 

under this rule if a grievance committee finds probable cause and 

the bar files its formal complaint within 1 year after actual notice of 

the conclusion of the civil, criminal, or other proceedings on which 

deferral was based.

(b)-(d) [No Change]

RULE 14-1.2. JURISDICTION

(a) Fee Arbitration. The program has jurisdiction to resolve 

disputes between members of The Florida Bar or between a member 

of The Florida Bar and a client or clients over a fees or costs paid, 

charged, or claimed for legal services rendered by a member of The 

Florida Bar when the parties to the dispute agree to arbitrate under 

the program either by written contract that complies with the 

requirements of subdivision (i) of rule 4-1.5, or by a request for 

arbitration signed by all parties, or as a condition of probation, or 

as a part of a discipline sanction as authorized elsewhere in these 

Rules Regulating The Florida Bar. Jurisdiction is limited to matters 

in which: 
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(1) there is no bona fide disputed issue of fact other 

than the amount of or entitlement to legal fees or costs; and

(2) [No Change]

The program does not have jurisdiction to resolve disputes 

involving matters in which a court has taken jurisdiction to 

determine and award a reasonable fees or costs to a party or that 

involve fees or costs charged that constitute a violation of the Rules 

Regulating The Florida Bar, unless specifically referred to the 

program by the court or by bar counsel. 

The program has authority to decline jurisdiction to resolve 

any particular dispute by reason of its complexity and protracted 

hearing characteristics. 

(b) [No Change]

RULE 14-4.1. ARBITRATION PROCEEDINGS

(a) Institution of Proceedings. All arbitration proceedings 

shall beare instituted by the filing of a written consent to arbitration 

by written contract between the parties to the arbitration, or orders 

of this court in proceedings under these Rules Regulating The 

Florida Bar imposing a sanction or condition orof probation, or by 

the consent form prescribed in the policies adopted under the 

authority of this chapter and signed by each party to the 

controversy.

(b) Position Statement and Relevant Documents. Each of 

the partiesparty shallmust provide the arbitrator(s) with a concise 

statement of that party’s position, including the amount claimed or 

in controversy, on the form prescribed and authorized by the 

standing committee. If there is a written contract regarding fees or 

costs between the parties, a copy of that written contract shallmust

accompany the request or submission.
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(c) Referral by Intake Counsel or Bar Counsel. Intake 

counsel, with the consent of the parties and concurrence of staff 

counsel, or bar counsel, with the consent of the parties, and the 

concurrence of the chief branch staff counsel, may refer appropriate 

cases to the fee arbitration program.

(d) [No Change]

(e) Referral by Board of Governors. The board of 

governors, with the agreement of the parties and upon review of a 

file referred to it as authorized elsewhere under these Rules 

Regulating The Florida Barrules, may refer appropriate cases to the 

fee arbitration program if they meet the criteria established by the 

policies adopted under the authority of this chapter.

RULE 14-5.2. EFFECT OF AGREEMENT TO ARBITRATE AND 

FAILURE TO COMPLY

(a) Closure of Disciplinary File. A disciplinary file that 

involves only fees or costs issues shallwill be closed without the 

entry of a sanction upon the entry of an agreement to arbitrate.

(b) Effect of Respondent’s Failure to Attend or Comply. 

It shall be a violation of the Rules Regulating The Florida Bar for aA

respondent who to fails to attend an agreed-upon arbitration 

conference without good cause violates the Rules Regulating The 

Florida Bar. Likewise, it shall be a violation of the Rules Regulating 

The Florida Bar for a respondent towho fails to fully comply with 

the terms of an arbitration award without good cause violates the 

Rules Regulating The Florida Bar.

(c) Effect of Complainant’s or Other Opposing Party’s 

Failure to Attend. IfThe disciplinary file may remain closed if a file 

referred for arbitration is not fully resolved by reason of a 

complainant’s or other opposing party’s failure to attend without 

good cause, the disciplinary file based thereon may remain closed.