Mandatory e-filing should be in place before the end of 2013.

Lawyers should be prepared to electronically file all their court documents well before the end of 2013, according to a preliminary recommendation from the Florida Courts Technology Committee. Many lawyers could have an earlier deadline for the electronic conversion.

The FCTC met September 26 and 27 in response to an order from the Supreme Court to develop a schedule for clerks to be ready to receive electronic filings and to suggest a date where electronic filing would be required for lawyers.

The Florida Courts E-Filing Authority Board, which oversees the Internet portal, the access to the e-filing system, endorsed the FCTC's proposed schedule on September 28. The portal board also heard from representatives of the state attorneys and public defenders on special problems they will have adapting to e-filing because of their large caseloads.

The FCTC's schedule was being circulated to interested parties and a workgroup on the procedural rules necessary for e-filing. It will then be submitted to the Supreme Court as part of Case No. SC11-399, which addresses various procedural rule amendments necessary to implement e-filing.

An oral argument on that case, including the proposed schedule, is scheduled for November 3.

"If the court goes ahead and does [accept the schedule], it's the next big step toward Florida courts receiving filings electronically and maintaining records electronically and being in a position to distribute them electronically," said Judge Judith Kreeger, chair of the FCTC. "Obviously the plan was based on the assurances from the clerks, the FACC [Florida Association of Court Clerks], and the portal authority that the clerks would be ready and so would the portal to receive this influx of electronic information."

"I think it's clearly the most important decision the Florida Court Technology Commission has ever made," said Paul Regensdorf, a member of the FCTC, and the Rules of Judicial Administration Committee, who has been active on e-filing and related issues.

"If the Supreme Court picks it up, and I have every reason to think it will, that decision will change the way every lawyer practices law in the state of Florida in the next 20 months."

He added: "The word needs to get to lawyers that they need to think about how they are changing how they practice law. There's no lawyer who can't get ready if they start now."

Regensdorf said it's important for lawyers to realize the change means more than mere e-filing. It also...