Florida Bar rules proposals.

 
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The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about March 17, 2017, a petition to amend Rule Regulating The Florida Bar 4-1.2 and to adopt proposed Rule 4-6.6 regarding Pro Bono conflicts. The full text of the proposed amendments are printed below. A copy of this submission may be requested by contacting Kelly Berglund, Rules Administrative Coordinator, The Florida Bar, 651 East Jefferson St., Tallahassee 32399-2300 or calling (850) 561-5600, ext. 5751. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar's petition. Comments must be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs these proceedings.

RULES REGULATING THE FLORIDA BAR

CHAPTER 4 RULES OF PROFESIONAL CONDUCT SUBCHAPTER CHAPTER 4-1 CLIENT-LAWYER RELATIONSHIP RULE 4-1.2 OBJECTIVES AND SCOPE OF REPRESENTATION

(a) Lawyer to Abide by Client's Decisions. Subject to subdivisions (c) and (d), a lawyer shall must abide by a client's decisions concerning the objectives of representation, and, as required by rule 4-1.4, shall must reasonably consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall must abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall must abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify.

(b) No Endorsement of Client's Views or Activities. A lawyers representation of a client, including representation by appointment, does not constitute an endorsement of the clients political, economic, social, or moral views or activities.

(c) Limitation of Objectives and Scope of Representation. If not prohibited by law or rule, a lawyer and client may agree to limit the objectives or scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent in writing, except that a lawyer giving advice in a short-term limited legal services program under rule 4-6.6 is not required to obtain the consent in writing. If the attorney lawyer and client agree to limit the scope of the representation, the lawyer shall must advise the client regarding applicability of the rule prohibiting communication with a represented person.

(d) Criminal or Fraudulent Conduct. A lawyer shall must not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.

Comment

Allocation of authority between client and lawyer

Subdivision (a) confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer's professional obligations. Within those limits, a client also has a right to consult with the lawyer about the means to be used in pursuing those objectives. At the same time, a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so. A clear distinction between objectives and means sometimes...

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