Substitute Counsel.
In October, the Rules of Judicial Administration Committee will submit revisions to Rule 2.505 that, if modified and adopted, could require a lawyer to file a notice of appearance when they are appearing on behalf of another lawyer for a hearing unless they are from the same firm, company, or agency.
As CEO of MyMotionCalendar, I have seen firsthand how important appearance attorneys are. Our attorneys have attended hundreds of thousands of hearings since we first started. As a result, law firms are more efficient, save on travel costs, and are able to service their clients statewide. Florida attorneys have also benefited; we have paid millions of dollars to attorneys throughout Florida for their services.
The gig economy, technology, and law are intertwined, but our rules and regulations are far behind. This is a commendable effort to update the rules to meet the changes and evolution in the practice, and business, of law. The revisions to the rule create a roadmap that permits appearance attorneys and safeguards the interests of the courts.
As the Florida Supreme Court reviews this issue, it should consider what the primary reason for the rule is. Is it so the judges can identify which attorneys appeared for which case and to remind them of their ethical obligations like any other attorney? If so, then there are much easier ways to accomplish this. Today, some judges require attorneys to sign in upon arrival and indicate which cases they are appearing for. Some judges also require the appearance attorney to sign and provide their Bar number on any orders.
This begs the question, do we really have an issue here? Is there really a problem?
Either way, I am in favor of the requirement to require notices of appearance for the simple reason that it authorizes the use of appearance attorneys. It would be easier if we...
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