the florida bar brochure

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THE FLORIDA BAR

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This brochure provides valuable information about the mission and history of The Florida Bar.

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Page 1: The Florida Bar Brochure

THE FLORIDA BAR

Page 2: The Florida Bar Brochure

The general principles which should ever control the lawyer in the

practice of the legal profession are clearly set forth in the

following oath of admission to the Bar, which the lawyer is sworn

on admission to obey and for the willful violation to which

disbarment may be had.

“I do solemnly swear:

“I will support the Constitution of the United States and

the Constitution of the State of Florida;

“I will maintain the respect due courts of justice

and judicial officers;

“I will not counsel or maintain any suit or proceedings which shall

appear to me to be unjust, nor any defense except such as I believe

to be honestly debatable under the law of the land;

“I will employ for the purpose of maintaining the causes

confided to me such means only as are consistent with truth

and honor, and will never seek to mislead the judge or jury by

any artifice or false statement of fact or law;

“I will maintain the confidence and preserve inviolate the

secrets of my clients, and will accept no compensation in

connection with their business except for them or with

their knowledge and approval;

“ I will abstain from all offensive personality and advance no fact

prejudicial to the honor or reputation of a party or witness, unless

required by the justice of the cause with which I am charged;

“I will never reject, from any consideration personal to myself, the

cause of the defenseless or oppressed, or delay

anyone’s cause for lucre or malice. So help me God.”

AdmissionOath of

Page 3: The Florida Bar Brochure

The

A guardian for the integrity of the legal profession,

The Florida Bar is the statewide professional

organization of lawyers. It serves as an advocate

and intermediary for attorneys, the court and

the public. Headquartered in Tallahassee, the Bar

was established as a unified state bar by rule of

the Supreme Court of Florida. Membership in The

Florida Bar is a necessary component of Supreme

Court regulation for all lawyers licensed to practice

law in Florida. The foundation for the organization is

built on a philosophy of equity and ethics. Through

its programs and services, the Bar supports this

philosophy with four pillars that function as the

mission of The Florida Bar: providing public service,

protecting rights, promoting professionalism and

pursuing justice.

The Florida Bar’s Classic Style

Located in the heart of historic Tallahassee,

just minutes from the Florida Capitol, The

Florida Bar headquarters sits upon five acres

of picturesque land adorned with

moss-draped oaks and majestic chestnut

trees. Featuring red brickwork, arched

windows and six colossal pillars at the

front, the three-story, 47,000 square-foot

building captures the essence of Colonial

Williamsburg architecture. A distinctive

Flemish Bond pattern, laid with individually

boxed and pre-numbered bricks, frames

the entrance where a nearby Crepe Myrtle

stretches its flowering boughs to the

building’s second story. This classic design

was the vision of Tallahassee architect Joe

Clemons, and was completed in 1966. The

building was fully constructed with voluntary

contributions from lawyers. Over the years,

The Florida Bar headquarters has undergone

several transformations in order to

accommodate its continued growth. Today,

the Bar headquarters is home to offices,

meeting rooms, a mailroom, print shop and

audio/video dubbing facilities.

Florida Bar

Judge Robert Lochridge Anderson,First President of the Florida State Bar Association

Page 4: The Florida Bar Brochure

Historyof the Bar

Like many organizations, The Florida Bar had a very modest beginning. Over the years and through the efforts of many dedicated and hardworking individuals, the Bar has grown into the prestigious and thriving organization that it is today.

The first recorded history of the Bar in Florida dates back to 1889 when a small, voluntary group of Florida lawyers united for the common interest of their profession. This group formed the foundation for what would become the Florida State Bar Association in 1907. The Florida State Bar Association, a voluntary organization, concentrated its attention on publishing a legal journal, drafting court procedures and presenting occasional educational courses for lawyers. Membership in the voluntary association never exceeded 2,500 lawyers.

Shortly after the end of World War I, beginning around 1920, there was a sharp growth in the number of lawyers in Florida. However, no cohesive organization for Florida lawyers existed and less than two-thirds of practicing lawyers belonged to the voluntary bar association. In the 1930s, it was proposed for the first time that all lawyers, upon admission to practice, be required to join the Florida State Bar Association. Many felt that if all lawyers were members of the Bar, communication would improve and the disciplining of unethical lawyers would be simplified. Such bars with mandatory membership for regulatory purposes are called “unified.” The Florida Bar is one of 33 unified bars in the United States, not including bars located in United States territories or possessions.

The Supreme Court of Florida, which has jurisdiction over lawyers, rejected this initial proposal. Then, in 1947, Bar leaders again approached the court to ask for compulsory membership of all Florida lawyers in the Bar. They showed the court results of a poll indicating a majority of Florida lawyers agreed that a change in the Bar structure was needed. These Bar leaders argued that only through a unified organization could all Florida lawyers receive uniform education on changes in the law and legal procedures. A unified bar organization would also pave the way for a uniform discipline system, capable of disciplining unethical lawyers and assuring the public that only those with high standards would be allowed to practice.

In the summer of 1949, the Supreme Court of Florida agreed to form a unified bar. As a result, the Florida State Bar Association met for the last time in April 1950. Its members shortened the name to “The Florida Bar.” The 3,758 lawyers in Florida automatically became members of The Florida Bar that same year.

Today, The Florida Bar is the third largest unified state bar in the United States and continues to serve its members, as well as the public.

Page 5: The Florida Bar Brochure

For the Good of the PublicWhile the origin of pro bono work is unclear and little is known of its history, the notion of helping those in need has always resided in the human heart and is an inherent part of the distinguished tradition of The Florida Bar. As it pertains to the legal profession, the concept of pro bono publico, or “for the good of the public,” is built on one simple premise: equal access to justice for all.

Pro bono service makes legal representation and recourse available to citizens who cannot normally afford to pay a lawyer. With an emphasis on public service as a core value, The Florida Bar takes an active role in creating opportunities for Florida attorneys to get involved in pro bono work and instilling in its members a noble sense of responsibility to the profession and our communities.

Through the financial assistance of members of The Florida Bar and of The Florida Bar Foundation, legal aid societies and legal services organizations exist in communities across the state to provide free legal service to low-income Floridians. In recent years, legal service and legal aid offices have expanded in number, in the size of paid staff lawyers and paraprofessionals, and in the number of volunteer lawyers who donate their time. They handle a variety

"I am only one; but still I am one. I cannot do everything, but still I can

do something; I will not refuse to do something I can do."

– Helen Keller

Public ServiceProviding

Page 6: The Florida Bar Brochure

of cases and are working toward the common goal of equal justice and legal representation for all under the legal system.

The Florida Bar has also concentrated its efforts to seek out methods for reducing the costs of legal services for the average person. Legal service plans, including group legal services, prepaid legal plans and legal expense insurance, are similar to health insurance plans and offer legal services at a reduced rate. The Florida Department of Insurance regulates such plans and some are also approved by The Florida Bar. Aside from lowering the costs of legal services through the benefit of group membership, or the prepayment of fees, legal services plans offer other advantages. They provide participants with easy access to a lawyer, especially for preventative services, and enhance service and quality for the member by bringing the economic power of the plan to bear on the lawyer when a dispute arises. The Florida Bar actively supports the growth and development of legal services plans as a means of increasing public access to legal services at an affordable cost.

Raising the BarIn 1993, the Florida Supreme Court adopted the Voluntary Pro Bono Plan (manifested in rule 4-6.1, Rules Regulating The Florida Bar), which established an aspirational goal for every attorney to personally provide at least 20 pro bono hours or contribute at least $350 to a legal aid organization each year. The Florida Bar and its members accepted the challenge. After 10 years, Bar members far exceeded the Florida Supreme Court’s goal by providing a total of 6.4 million pro bono hours and donating more than $10 million in direct legal aid funding. In 2003-4, Florida lawyers gave $3.7 million dollars to legal aid and more than 1.45 million hours of pro bono service.

Bar members have selflessly given of themselves to correct inequities that threaten the balance of democracy. Through their dedicated efforts, victories have been won for Floridians in cases concerning family law, civil rights and liberties, children’s issues, the rights of senior citizens, discrimination, women’s issues, financial matters, dispute resolution, housing and labor relations.

The Florida Bar Foundation Established by The Florida Bar Board of Governors in 1956, the mission of The Florida Bar Foundation is to provide greater access to justice in the name of Florida’s legal profession. Today, the Foundation is one of the nation’s leading bar foundations. Although a separate organization, The Florida Bar is proud of the significant contributions it has made – and continues to make – to the Foundation’s development and leadership.

The Foundation’s primary duty is the administration of Florida’s nationally acclaimed Interest on Trust Accounts (IOTA) program, which has generated millions of dollars in public

The Old WingThe building’s original 24,000

square feet was built from April

1965 to June 1966 and formally

dedicated by The Florida Bar

on October 8, 1966. Now known

as the “old wing,” it houses

the Bar president’s office,

executive director’s office,

governmental affairs office,

finance and accounting office

and a fully networked computer

training room. The second story

supports a multitude of

Bar functions, including

personnel, director of

administration’s office, public

service programs and member

services offices.

Page 7: The Florida Bar Brochure

The Back WingIn the early 1970s, the increasing number of Bar members

and programs necessitated an expansion of the building.

Construction of a 23,000 square-foot addition, built onto

the back of the existing structure, began in September 1975

and was completed by October 1976. Effectively doubling

the size of The Florida Bar headquarters, the “back wing” was

dedicated on October 26, 1976. Currently, office systems,

staff of The Florida Bar Journal and The Florida Bar News, as

well as the public information and bar services department

share the first floor. The offices of Professional Development,

CLE, Administration and LOMAS are all located on the second

floor. Both the original building and the addition were paid

for by voluntary contributions of attorneys.

interest grants for legal aid to the poor, law student loans and scholarships, and improvements in the administration of justice. The IOTA program – the first of its kind in the United States – has been a model for similar programs across the country.

In addition to its educational and charitable activities, The Florida Bar Foundation periodically awards its medal of honor to an attorney and a nonlawyer citizen in recognition of outstanding contributions toward improving the administration of justice in Florida. The medal of honor is the highest award that can be bestowed upon a lawyer or layperson by the legal profession in Florida.

The Foundation presents a unique opportunity for Bar members to broaden their involvement in law-related public service. Membership in the Foundation is available via any attorney’s involvement in the IOTA program, or by becoming a contributing member or fellow of The Florida Bar Foundation.

Florida Law Related Education AssociationThe Florida Law Related Education Association is a private, nonprofit organization created in 1984 to promote "legal literacy" among Florida's young people, to encourage teaching of our laws and the legal system, and to produce an awareness of our rights and responsibilities as citizens. National studies have confirmed that law education can have a positive effect on reducing juvenile delinquency. As a principal grantee under The Florida Bar Foundation's Interest on Trust Accounts Administration of Justice (AOJ) grants category, the Association has evolved into one of the most effective and respected law-related education programs in the country.

Currently, each of Florida’s 67 school districts reports having some form of law education in their schools. At least 50 of these districts report attorney involvement. The Florida Bar

Page 8: The Florida Bar Brochure

advocates for the inclusion of quality law-related education programs in grades K – 12, and provides technical assistance to local bar associations and attorneys in implementing or expanding involvement in law education statewide. Members are encouraged to become involved in law education in order to stimulate students to take part in, support and improve our justice system.

Florida Attorneys Charitable Trust (ACT)Established by The Florida Bar, Florida Attorneys Charitable Trust (ACT) is a disaster relief fund that offers Florida’s attorneys an avenue for making donations to victims of disasters and their families. Inspired by the tragic events of September 11, 2001, and the memory of Florida hurricanes, ACT reaffirms the commitment of The Florida Bar and its members to public service. Donations to The Florida Bar Foundation are specifically designated to help provide legal services to low-income people, whereas ACT funds can be used for other relief efforts.

In addition, The Florida Bar has designed a plan outlining an effective mechanism of response to the public, the media and its members in the event of a legal crisis or mass disaster. Further demonstrating the Bar’s commitment to service, the plan is ready to be enacted to protect the public from being taken advantage of during a crisis or disaster situation.

Legislative AdvocacyLegislation significant to the administration of justice or the fundamental rights of the public is of interest to all lawyers. As a champion for the honor of the Florida legal system, The Florida Bar advocates on behalf on its members and the public for laws that are fair and sound. Members of the Bar are encouraged to take a personal interest in legislative matters. Any member of the Bar may seek to have legislation introduced through a senator or representative from his or her own legislative delegation. Lawyers may also seek to have legislation sponsored through The Florida Bar’s legislative program, coordinated by the Bar’s Legislative Committee and the Governmental Affairs staff.

During Florida legislative sessions, the Bar provides its members with periodic updates on pending bills affecting the legal profession. Each year, at the close of session, the Bar produces a report that summarizes selected bills passed by the House and Senate that may be of interest to Florida Bar members.

Page 9: The Florida Bar Brochure

Lawyer RegulationIdeally, attorneys should always conduct their practices in such a way that no complaints are ever filed against them. The Florida Bar receives inquiries and complaints about attorneys, and the Florida Supreme Court administers approximately 400 sanctions against Bar members annually. The processing and investigation of inquiries and complaints is a basic responsibility of the Bar as mandated by the Florida Supreme Court, and is designed to protect the public. A formal complaint against a Florida Bar member is a serious matter. It immediately puts into action the investigative and judicial processes of The Florida Bar. Membership fees, not tax dollars, fund the lawyer discipline program.

Attorney Consumer Assistance ProgramAs a method for resolving disputes between clients, attorneys and others prior to filing a complaint, The Florida Bar created the Attorney Consumer Assistance Program (ACAP) in 2001. Personnel answering a toll-free telephone number will discuss the caller’s case, explore the nature of the dispute and discuss the details of the lawyer’s actions.

The information is then forwarded to ACAP attorneys who review the case in greater detail with the caller. If appropriate, the ACAP attorney will assist in trying to resolve the dispute. However, if it is determined that a complaint should be filed, the necessary paperwork and information is passed on to the caller.

RightsProtecting

“Safeguarding the rights of others is the most noble and

beautiful end of a human being.”

– Kahlil Gibran

Page 10: The Florida Bar Brochure

Grievance ProceduresThe Lawyer Regulation Department of The Florida Bar is responsible for monitoring the conduct and integrity of all members of the Bar and lawyers from other jurisdictions practicing in Florida courts. The grievance procedure is an intensive process constructed to protect the rights of both the public and attorneys.

Historically, The Florida Bar prosecutes a higher percentage of lawyers for discipline than the regulatory bodies of other professionals. The Bar tends to seek – and the Florida Supreme Court to impose – more serious disciplinary sanctions, including more license revocations and suspensions.

Just as complaints against members are taken very seriously and examined closely, the role of the public in grievance proceedings is considered equally important. The disciplinary function of The Florida Bar is an open process, which welcomes the active participation of the public in order to create an understanding of, and to foster confidence in, the process. Public involvement in the oversight of lawyer conduct is very high, with public members composing at least one-third of local grievance committees. A statewide advertising and solicitation grievance committee handles all complaints about lawyer ads.

Attorney DisciplineAll Florida lawyers must meet the minimum standards of conduct set forth in the Rules of Professional Conduct and the other provisions of The Rules Regulating The Florida Bar, as adopted by the Florida Supreme Court. Failure to meet these minimum standards subjects a lawyer to disciplinary action.

Initial investigation into inquiries of members is conducted through branch disciplinary offices located in Tallahassee, Tampa, Orlando, Fort Lauderdale and Miami.

Dispute Resolution ProgramsThe Florida Bar provides several dispute resolution programs, which work toward settling grievances and fee disagreements between attorneys and the public in an environment outside of the courtroom, or discipline system.

Grievances may be resolved by using the mediation services of The Florida Bar. Select types of cases are considered for mediation. The Bar employs the volunteer assistance of mediators who are lawyers and nonlawyers. All have been certified by the Florida Supreme Court and have received special training in Bar grievance matters. Mediators will gather the involved parties together to discuss the situation and attempt to reach a written agreement. In matters wherein the public interest is satisfied by a total settlement between parties, the disciplinary matter may be dismissed. No costs are charged to any party in the grievance mediation program.

Branch Locations

The Florida Bar also maintains five

branch locations in Tallahassee,

Tampa, Orlando, Fort Lauderdale and

Miami. These employees, lawyers and

support staff work primarily on lawyer

regulation and discipline, including

investigating and prosecuting the

unlicensed practice of law from these

branch locations.

Page 11: The Florida Bar Brochure

The Bar also operates a statewide Fee Arbitration Program, a service designed to resolve legal fee disputes between attorneys and clients and between attorneys. The process may be initiated by either the client or the attorney, and may be used instead of a lawsuit. The sole purpose of the arbitration is to decide fair and reasonable value of the legal service performed by the attorney for the client. The program is not mandatory and all parties must agree to arbitrate before the program can be put into effect.

The Florida Bar encourages the friendly resolution of all fee disputes whenever possible.

Unlicensed Practice of LawThe Florida Bar engages in the investigation and prosecution of the unlicensed practice of law (UPL) in order to protect the public. Complaints alleging that an individual is practicing law without a license may be initiated by anyone with information in this regard. Complaints are investigated by one of the 32 local circuit committees. A statewide Standing Committee on UPL oversees the activities of the local circuit committees and sets policy.

In addition to investigating and prosecuting the unlicensed practice of law, the Bar’s UPL department gives guidance to the public and members of the Bar regarding questions about UPL and issues proposed formal advisory opinions, which ultimately must be approved by the Florida Supreme Court.

Advertising Review & RegulationThe Florida Bar’s Lawyer Advertising Department, under the direction of the Standing Committee on Advertising, evaluates and provides advisory opinions on attorney advertisements and direct communications to prospective clients. The department responds to inquiries and general questions from the membership and the public concerning the rules governing attorney advertising and solicitation. The department also provides educational programs about attorney advertising. A Handbook on Lawyer Advertising and Solicitation is available to members free of charge.

Clients’ Security FundIn 1967, Florida Bar members created a Clients’ Security Fund as a public interest measure to compensate people suffering financial losses due to the misappropriation of funds by Bar members after they have been disciplined by the Florida Supreme Court. A victimized client may receive up to $50,000 from the Fund for actual losses and up to $2,500 for fees when no useful services were rendered. Requests for funds are thoroughly reviewed and investigated under established procedures. Payments from the Fund are at the Bar’s discretion and no claims are paid without the final approval of The Florida Bar’s Board of Governors. Since its inception, the Fund has distributed more than $14 million in client reparations.

The Fund is financed solely through a portion of each Bar member’s annual fees.

Page 12: The Florida Bar Brochure

Lawyer Referral ServiceIn an effort to make legal services readily available to individuals and families, The Florida Bar established its Lawyer Referral Service (LRS). Through a toll-free phone number and on the Bar’s Web site, the public can be placed in contact with a lawyer in their area who can handle the type of case they describe. Currently, some local bar associations administer referral services in Florida’s major cities. The Florida Bar handles all other referrals from areas without local services.

Under The Florida Bar LRS, lawyers charge clients $25 (local programs may vary) for the initial half-hour office consultation. The fees for any additional services are negotiated between the attorney and client.

Bar members may join The Florida Bar LRS for a fee and after the approval of the appropriate application. Interested members and prospective clients may call the same toll-free number for information or a referral, (800) 342-8011, or visit www.FloridaBar.org.

Specialty PanelsThe Florida Bar Lawyer Referral Service also offers referrals to specialty panels designed to assist the poor, elderly and disabled. The Elderly Referral Panel, Low Fee Panel, AIDS Law Panel and Disability Law Panel provide a free initial half-hour office consultation to those who qualify. If the legal problem is one that can be handled easily, fees for additional legal work are lower than the lawyer’s regular rate. Participating attorneys are encouraged to make a payment plan or other method of payment assistance available to clients. Several local bar associations offer similar programs.

Public Information The Public Information and Bar Services Department works with virtually all elements of The Florida Bar, as well as groups served by the Bar and legal profession. The department is primarily responsible for working with the public, local and specialized bar associations, Bar members, the courts, the news media and related committees and groups. It develops and distributes public education/information brochures, news releases and other promotional materials; produces public service announcements for radio and television; oversees The Florida Bar Speakers Bureau and www.FloridaBar.org; and seeks to evaluate and affect public perception of the Bar’soperations and policies.

Published by The Florida Bar,

the Florida Bar News and Florida

Bar Journal offer valuable legal

information to lawyers, as well as

the public. Past and present issues

of both the News and the Journal

can be viewed on the Bar's Web site

at www.FloridaBar.org.

Page 13: The Florida Bar Brochure

Web SiteThe Florida Bar’s Web site, www.FloridaBar.org, is an excellent resource for the public to learn more about the functions of the Bar and its programs. It is also a useful tool for attorneys interested in timely member information or legal research. The Bar Web site is not only extremely comprehensive in its own right, but also incorporates a number of carefully selected links to sites offering valuable information.

Consumer Pamphlets

As a service to the public, The Florida Bar provides general legal information on a variety of topics through a series of consumer pamphlets. Nearly 50 pamphlets answer frequently-asked questions about attorney-client issues, family law, The Florida Bar, the legal system in general and personal/financial matters. Several of the pamphlets are also available in Spanish. The text of all of these pamphlets, as well as print-ready pages, can also be found on the Bar's Web site at www.FloridaBar.org.

Call-A-Law ProgramSponsored by The Florida Bar, Florida Call-A-Law is a collection of recorded messages on a variety of basic legal topics written by Florida attorneys. Topics include divorce, wills, rights and duties of landlords and tenants, and consumer protection. The taped messages, lasting approximately two-to-three minutes, are easy to understand and help listeners identify a legal problem before seeking professional counsel. While Call-A-Law can provide general legal information, the content does not apply to all legal problems and cannot replace the legal advice of an attorney. This service is available 24-hours-a-day, 7-days-a-week, and can be accessed by calling (850) 561-1200. A directory of Call-A-Law categories is available on the Bar’s Web site or by listening to the recorded options on the telephone.

Speakers BureauThe perceived complexity of the judicial system often causes confusion and misinterpretation of the role a lawyer plays as an “officer of the court.” Many members of The Florida Bar volunteer to share their education and experience with citizens and students to help them better understand topics ranging from personal rights to the separation of powers to the role lawyers play in our society. Since the Bar instituted the Speakers Bureau, hundreds of lawyers throughout the state have spoken to businesses, civic groups, community groups and students.

Page 14: The Florida Bar Brochure

ProfessionalismPromoting

Continuing Legal Education (CLE)Beginning in the late 1980s, it became mandatory for all Bar members to complete a continuing legal education requirement, commonly referred to as CLE. Each member is assigned a reporting date and required to attend 30 hours of approved continuing legal education every three years. At least five of the 30 hours must be in the areas of legal ethics, professionalism, mental illness awareness or substance abuse. In addition to attending live seminars, members may receive credit for audio and videotape programs. To view a complete listing of CLE courses that are approved for credit, visit The Florida Bar’s Web site at www.FloridaBar.org, where Bar members can now register for CLE as well as maintain a record of their credits.

The Florida Bar offers a broad range of continuing legal education opportunities to its members:

Live Seminars and Programs. The Bar offers its members some 85 different CLE programs, presented more than 400 times, and comprising more than 600 approved credit hours of continuing legal education. Held throughout the state, basic, intermediate and advanced level courses keep members up to date with current legal practice.

Video and Audio Programs. Nearly 80 percent of The Florida Bar’s live seminars and programs conducted throughout the state are videotaped or recorded for later use by in-state and out-of-state members.

Course Materials Sales. The Bar offers printed course materials produced from live and videotaped presentations, which are available for post-program purchase.

“I hold every man a debtor to his profession.”

– Francis Bacon

Page 15: The Florida Bar Brochure

CLE Practice Manuals. The Florida Bar publishes a series of practice manuals covering various areas of the law. Manuals are written by experienced practitioners, and are produced as required by significant changes to the law. Currently, about 70 of these “how-to” manuals, handbooks and practice systems are available for sale.

Court Rules Pamphlets. The Bar produces pamphlet editions of the official court rules and procedures governing various areas of practice.

With the exception of live seminars and programs, all continuing legal education materials offered by the Bar can be obtained either through the CLE Registrations office or the Bar Web site, www.FloridaBar.org.

The Henry Latimer Center for ProfessionalismThe Center was named in 2005 in honor of Henry Latimer, an accomplished Broward attorney and Florida Bar Board of Governors member who demonstrated unfailing professionalism during the course of his exemplary career. The mission of the Center is to promote the fundamental ideals and values of professionalism within the legal system, and to instill those ideals of character, competence and commitment in all persons serving the legal system. The core purpose of the Center’s activities is to support and encourage law students, lawyers and judges to exercise the highest levels of professional integrity in their relationships with clients, other lawyers, the court and the public. The Center conducts seminars throughout the state, conducts diversity training, conducts faculty training, provides support for the Standing Committee’s mentor program, and serves as a research clearinghouse for those developing presentations and publications on professionalism.

Board CertificationAdministered by the Bar’s Board of Legal Specialization and Education and approved by the Florida Supreme Court, the Florida Certification Plan offers the public a means by which to identify and select attorneys who have special expertise in particular practice areas, as well as character, ethics and a reputation for professionalism in the practice of law. As a voluntary program, attorneys have the opportunity to become board certified in select fields of practice, including:

In order to be certified, a lawyer must have practiced law for at least five years, show substantial involvement in the specific area of law during three of the last five years, show satisfactory continuing legal education, submit to peer evaluation by other lawyers and judges, and pass the appropriate certification examination. Only certified attorneys may identify themselves as “Florida Bar Board Certified” or as a “Specialist.”

More than 3,800 attorneys have achieved board certification under the Florida Certification Plan.

• Admiralty and Maritime Law

• Antitrust and Trade Regulation

• Appellate Practice

• Aviation Law

• Business Litigation

• City, County and Local Government Law

• Civil Trial

•Construction Law

• Criminal Appellate

• Criminal Trial

• Elder Law

• Health Law

• Immigration and Nationality Law

• International Law

• Labor and Employment Law

• Marital and Family Law

• Real Estate Law

• Tax Law

• Wills, Trusts and Estates

• Workers’ Compensation

Page 16: The Florida Bar Brochure

PublicationsWith a staff of professional writers and an in-house print shop, The Florida Bar produces an array of communication channels that are used to convey issues of importance to Bar members and the public.

Florida Bar Journal

Since 1927, The Florida Bar Journal has chronicled the evolution of law in this state and served as the Bar’s official record. The Journal remains the premier source of practical articles on substantive law and ethical practice. The magazine, which is posted on the Web site, also profiles each new Bar president and the Chief Justice of the Florida Supreme Court at the beginning of the two-year term.

Active members receive 10 Journal magazines and a directory edition each year. The entire content of the Journal is available on the Bar’s Web site, as well as a searchable index. In May, the Journal publishes the information brochure and registration form for the annual meeting.

Florida Bar NewsThe Florida Bar News is the primary means by which The Florida Bar communicates topical information to its members. The paper has been lauded by Bar members for its editorial independence and has been acknowledged nationally as a model vehicle for information about Bar activities.

This twice-monthly tabloid publishes news about all levels of the Bar, other law-related organizations and current legal issues. In addition, the Bar News publishes regular notices of CLE offerings, legislative information of interest to the legal profession, reports of upcoming agendas and summaries of Board of Governors’ actions, Supreme Court official notices regarding proposed rule changes, committee preference forms, registration forms for general and midyear meetings, and a variety of member-related items. News issues are sent to all members and many lawyers make use of its pages for free law office notices and other announcements. The publication’s classified ad pages also serve as a helpful placement service for the Florida legal market. The Bar’s Web site provides access to current and past News articles, and allows the most current edition to be viewed in its entirety.

Electronic Communications More than just a resource for valuable information, The Florida Bar’s Web site, www.FloridaBar.org, is a major conduit for communication with members and the public.

Using the latest technology, The Florida Bar can provide its members with necessary and useful information and services quickly and easily. Using the Bar’s Web site, members can pay annual fees online, register for CLE courses, order CLE tapes and maintain a record of credits, update address information and vote in Board of Governors races. The “Find a Lawyer” feature is frequently used to access the most current information available on Florida Bar members. Behind “Links,” all of Florida’s courts are listed, profiled and linked to individual sites. Another popular area of the site is the Rule Updates section as well as the full text of The Rules Regulating The Florida Bar.

Inside the Florida Bar

Carrying the exterior design

through to the interior, the lobby

and reception area reflect classic

Williamsburg characteristics.

A striking 18-light chandelier

spanning six feet in diameter

complemented by a brass-railed

staircase reminds one of a time long

past. The bronze plaques on the

walls recognize contributions made

to build The Florida Bar Center.

Page 17: The Florida Bar Brochure

LOMASThe general management of any office can often be a time consuming and difficult task. Law schools generally do not teach basic practice management skills, leaving many attorneys without a solid business foundation. To assist its members in this area, The Florida Bar offers extensive practice management information and services through the Bar’s Law Office Management Assistance Service, or LOMAS. LOMAS promotes effective management techniques for both lawyers and support staff in a manner flexible enough to respond to the immediate demands of today's ever-changing law office environment.

Since the initiation of the service in 1979, LOMAS has grown to assist thousands of attorneys and legal staff members each year and has branched out into software review, marketing advice, videotape production, and a variety of other projects in its goal of serving Bar members and support staff more effectively.

Ethics Counsel/HotlineOne of the first of its kind in the nation, and still one of only a handful in operation, The Florida Bar’s toll-free Ethics Hotlineis an exclusive member service, which helps guide lawyers through the maze of conflict dilemmas, confidentiality questions, communications concerns, trust accounting problems, and other ethics difficulties unique to the profession. Hotline attorneys are authorized to respond to inquiries from Bar members in good standing who are asking about their own contemplated conduct. In certain circumstances, ethics counsel may decline to render an opinion, either by choice or in adherence to regulations guiding the hotline.

Lawyers may also obtain a written opinion or e-mail, [email protected], regarding their proposed conduct from The Florida Bar’s Ethics Department.

Meetings and Conferences There are three major meetings of The Florida Bar that occur between July 1 and June 30 of the Bar’s fiscal year. The General Meeting of Committees and Sections in September allows the new committees and section executive councils to meet, organize and set goals for the year. The Midyear Meeting in January provides sections and committees the opportunity to meet in one location, evaluate and assess progress on goals and participate in numerous educational opportunities for Bar members.

Florida attorneys can take part in networking, education programs and professional development at The Florida Bar’s Annual Meeting, which is traditionally held in June. Sessions feature CLE presentations, panelists, guest speakers, open forums, hearings and workshops on vital issues affecting the legal profession. The installation of incoming Bar officers takes place at the General Assembly during the Annual Meeting.

Member Discounts/BenefitsSpecialized group plans, arranged by The Florida Bar’s Member Benefits program, provide assistance to members in both their professional and personal lives. The Member Benefits Committee searches for programs designed to offer products and services of significant or unique benefit to lawyers, as well as programs that are only offered to members of recognized groups. Currently, Bar members may participate in group insurance plans and utilize discounts with commercial vendors for services and products such as vehicle rentals, legal research, shipping, telecommunications and office supplies.

FastcaseFastcase is an online legal research tool recently added as a new member benefit to The Florida Bar Web site. Fastcase includes Florida Supreme Court decisions since 1950, all Florida district court of appeal opinions since the inception of the DCAs, U.S. Supreme Court decisions, opinions from the Fifth and Eleventh U.S. circuit courts of appeal, the Florida Administrative Code, Florida Statutes, and the Florida Constitution for free, and additional resources at a discounted rate.

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JusticePursuing

The Florida Bar and Florida Supreme CourtThe Florida Bar and Florida Supreme Court share a unique relationship. As an auxiliary agency of the Florida Supreme Court, the Bar assists the Court by recommending disciplinary action in grievance proceedings against lawyers and in cases of unlicensed practice of law. Committees of the Bar frequently draft and propose to the Court amendments to court rules of procedure. The authority for the establishment and maintenance of The Florida Bar as a unified bar is a 1949 ruling of the Florida Supreme Court based on the Court’s constitutional authority to regulate the practice of law in Florida.

Admission to the Practice of Law in FloridaAlthough often misunderstood, The Florida Bar has no direct control over attorney admissions and does not administer bar examinations to attorney candidates. The Florida Board of Bar Examiners is the Florida Supreme Court agency responsible for assuring that only qualified persons will be admitted to the practice of law in this state. The 15-member board of lawyers and public members – together with its executive director and staff – investigates the character and fitness of applicants, develops and administers the bar examination for attorney candidates, and submits for Florida Supreme Court approval the names of those qualified for admission to practice. Admission to The Florida Bar is only finally accomplished by action of the Florida Supreme Court.

"Justice is truth in action." – Benjamin Disraeli

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The Bar’s Officers and Governing BodyThe governing body of The Florida Bar is its Board of Governors. The 52-member Board has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar. Its membership includes the president and president-elect, the president and president-elect of the Young Lawyers Division, representatives elected by members of the Bar from each of the state's 20 judicial circuits, out-of-state representatives elected by Florida Bar members who reside outside the State of Florida, and two public members appointed by the Florida Supreme Court.

The president conducts meetings and serves as official spokesperson for The Florida Bar and the Board of Governors. All committees are appointed by the president and approved by the Board of Governors. The full Board of Governors meets bimonthly and serves without any compensation or expense reimbursement.

In addition to the Board of Governors, a full-time executive director manages the overall administration of The Florida Bar. The executive director also performs the task of treasurer of the Bar and publisher of The Florida Bar Journal and News. The executive director is selected by the Board.

Divisions, Sections and CommitteesAll Bar members are invited to become involved in activities of one or more of The Florida Bar's sections, divisions, or committees. Membership and participation in any Florida Bar division, section, or committee can be a stimulating and rewarding experience. These various volunteer groups, along with the governing Board, do much of the work of The Florida Bar.

Through section and committee membership, lawyers can focus their involvement in areas of the law that interest them the most. Membership provides access to concentrated information and education among a group of lawyers who share similar interests in a specific legal field. Almost half of the Bar’s membership belongs to one or more of the Bar's substantive law sections, while nearly 20,000 belong to the Young Lawyers Division. In addition to more than a dozen Board of Governors committees, there are approximately 60 standing committees of the Bar on which more than 2,000 members serve.

As a service to the membership and the public, special committees, commissions or task forces are appointed as necessary to study and make recommendations in response to issues of significance to the legal profession or system of laws in Florida.

Training Room

Situated on the west end, the

Training Room was once known as

the Board of Governors room. It

served as the meeting location for

The Florida Bar’s 39 board members

until the board enlarged to 52

members, outgrowing the limited

space. Fashioned after the House of

Burgesses in Williamsburg,

complete with a 24-light chandelier

that matches the one in the lobby,

the room’s octagonal shape lends

itself to better acoustics and mobil-

ity. Today, the room is outfitted with

audio/visual equipment and

networked computer stations used

for training and education.

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Young Lawyers DivisionThe Florida Bar’s Young Lawyers Division (YLD) is comprised of Florida lawyers under the age of 36 and new Bar members in their first five years of practice. The YLD exists to support the goals and mission of The Florida Bar. A special emphasis is placed on serving the public through a myriad of statewide and local community projects and activities.

With an eye toward furthering the best interests of the legal profession, the YLD serves as a medium for fostering discussion and free interchange of ideas relative to the duties, responsibilities and challenges of division members. Special programs geared toward young and new lawyers, as well as opportunities for leadership, make participation in the YLD an attractive investment of time. Approximately 20,000 Florida Bar members are represented by the YLD.

Out-of-State DivisionThe Out-of-State Division (OOSD) provides an organization for all Florida Bar members who reside outside of the state of Florida. The OOSD focuses not on any specific practice area, but rather on the common interests and needs of out-of-state Florida Bar members as a whole. Approximately 17,000 Florida Bar members live outside of Florida’s borders.

The OOSD works toward the goal of ensuring equitable treatment for in-state and out-of-state Florida Bar members. To this end, the OOSD constantly reviews and monitors legislative and Bar proposals to try to ensure that out-of-state practitioners are placed on equal footing with their in-state counterparts. The OOSD also promotes professionalism and competence of its members, as well as networking and resource opportunities for out-of-state Florida Bar members. This is done through a series of continuing legal education (CLE) seminars, social events, a quarterly newsletter, and a dedicated Web site which serves as a useful tool for OOSD members and visitors alike. Among other things, you can find out information about the OOSD and its officers, locate an out-of-state Florida Bar member, find out about CLE requirements and opportunities, and get a listing of upcoming events.

Citizens Forum A forum in the true sense of the word, The Florida Bar Citizens Forum creates a line of communication and discussion between Florida’s citizens and the Bar. Representatives from citizen groups are invited to join the Bar in its mission to inform and educate the public about significant legal-justice issues and to gain public understanding and support. Acting in an advisory capacity to The Florida Bar – its Board of Governors, divisions, sections, committees and staff – the Forum offers recommendations, suggestions and opinions relating to existing or prospective Bar

Page 21: The Florida Bar Brochure

programs and activities. It provides significant benefits to the Bar by establishing direct contact with a number of major constituency groups in Florida. Intended to reflect the diversity of Florida’s population and the geographic regions of the state, Forum members are selected to represent a broad range of constituencies such as senior citizens, minority groups, the disabled, children’s organizations and industries serving the public good.

General Financial InformationThe Florida Bar receives no state or federal funding, and supports itself primarily through membership fees, supplemented by voluntary program fees. Although membership in the Bar is mandatory and the majority of the organization’s revenue is derived from membership fees, The Florida Bar continually seeks opportunities to gain revenue from non-fee sources. Generated by various Bar programs and member services, additional revenues are collected through continuing education fees, sale of ad space in The Florida Bar Journal and News, rental of exhibit space at Bar meetings and through Florida Supreme Court orders directing disciplined attorneys to pay prosecution costs.

The Blue Room and President’s Office

Located on the first floor of the “old wing,” the President’s

Office is a two-room area featuring an office and

adjacent conference room, known as the Blue Room. The

portrait of Judge Robert Lochridge Anderson, the first

president of the Florida State Bar Association, hangs in

the Blue Room. The Florida State Bar Association was the

predecessor to the modern Bar, and was founded in 1907.

Painted by New York artist Slayton Underhill, the portrait

of Judge Anderson symbolizes the Bar’s extensive history,

and in addition to the original furnishings, was a gift of

the Anderson family. The President’s Office was renovated

in 1989 as a gift from the Bar’s Young Lawyers Division.

Serving as the president of The Florida Bar is a profound

commitment that requires significant time away from

work and family. During the president’s term of office,

he or she will dedicate at least two-thirds of his or her

time to the Bar.

Page 22: The Florida Bar Brochure

Creed of Professionalism

I re ve re t h e l a w, t h e j u d i c i a l s y s t e m , a n d t h e l e g a l p ro -f e s s i o n a n d wi l l a t a l l t i m e s i n my p ro f e s s i o n a l a n d p r i -va t e l i ve s u p h o l d t h e d i g n i t y a n d e s t e e m o f e a c h .

I wi l l f u r t h e r my p ro f e s s i o n ’ s d e vo t i o n t o p u b l i c s e r vi c e a n d t o t h e p u b l i c g oo d .

I wi l l s t r i c t ly a d h e re t o t h e s p i r i t a s we l l a s t h e l e t t e r o f my p ro f e s s i o n ’ s c o d e o f e t h i c s , t o t h e e x t e n t t h a t t h e l a w p e r m i t s a n d wi l l a t a l l t i m e s b e g u i d e d by a f u n d a m e n t a l s e n s e o f h o n o r, i n t e g r i t y, a n d f a i r p l ay.

I wi l l n o t k n owi n g ly m i s s t a t e , d i s t o r t , o r i m p ro p e r ly e x a g g e ra t e a ny f a c t o r o p i n i o n a n d wi l l n o t i m p ro p e r ly p e r m i t my s i l e n c e o r i n a c t i o n t o m i s l e a d a nyo n e .

I wi l l c o n d u c t my s e l f t o a s s u re t h e j u s t , s p e e d y a n d i n e x p e n s i ve d e t e r m i n a t i o n o f e ve r y a c t i o n a n d re s o l u t i o n o f e ve r y c o n t rove r s y.

I wi l l a b s t a i n f ro m a l l ru d e , d i s ru p t i ve , a n d a b u s i ve b e h a vi o r a n d wi l l a t a l l t i m e s a c t wi t h d i g n i t y, d e c e n c y, a n d c o u r t e s y.

I wi l l re s p e c t t h e t i m e a n d c o m m i t m e n t s o f o t h e r s .

I wi l l b e d i l i g e n t a n d p u n c t u a l i n c o m mu n i c a t i n g wi t h o t h e r s a n d i n f u l f i l l i n g c o m m i t m e n t s .

I wi l l e xe rc i s e i n d e p e n d e n t j u d g m e n t a n d wi l l n o t b e g ove r n e d by a c l i e n t ’ s i l l wi l l o r d e c e i t .

M y w o r d i s m y b o n d .

Page 23: The Florida Bar Brochure

The Florida Bar651 East Jefferson StreetTallahassee, Florida 32399

850.561.5600

www.FloridaBar.org