§ Rule 4 Procedure for Issuance of PEC Opinions
Rule 4. Procedure for Issuance of PEC Opinions
(a) Scheduling PEC Review. Timely appeals, requests of the board of governors, PEC review of staff opinions, and PEC review of existing advisory ethics opinions shall be scheduled for PEC consideration at the next meeting of the PEC if the appeal, request, or review is made more than 30 days in advance of such meeting and any official notice requirements are met.
(b) Authority of PEC Chair. The chair of the PEC shall have the discretion to determine the order of the agenda, time allocated to each matter, and whether personal appearances may be allowed. In addition, the chair may appoint a subcommittee to conduct the review.
(c) Notice of PEC Review.
(1) Adoption and Modification of Opinions. In the event that the PEC decides to consider rendering a written opinion for publication at the request of the board of governors, upon PEC review of staff opinions, or upon PEC review of existing formal opinions, the PEC shall publish in The Florida Bar News an official notice of its intent to consider rendering a written opinion. The notice shall state the time and place at which the PEC's deliberations will occur and shall invite written comments from interested bar members. Initial publication shall identify the subject matter of the issue and any proposed text, if then available, and invite written comment. If an opinion is issued, the PEC shall publish an official notice of the adoption of the advisory ethics opinion in The Florida Bar News, including the full text of the opinion. Any subsequent notice shall contain the full text of any revised advisory ethics opinion.
(2) Withdrawal of Opinions. In the event that the PEC decides to consider withdrawing an advisory ethics opinion, the PEC shall publish in The Florida Bar News an official notice of its intent to consider withdrawing the advisory ethics opinion. The notice shall state the time and place at which the PEC's deliberations will occur, shall summarize the advisory ethics opinion, and shall invite written comments from interested bar members.
(d) Comments. Any member in good standing may file written comment with ethics counsel within 30 days of the date of publication of official notice of the PEC's intent to consider rendering a proposed advisory opinion, official notice of the PEC's adoption of an advisory ethics opinion, official notice that the PEC has revised a proposed advisory ethics opinion, or official notice that the PEC intends to withdraw an advisory ethics opinion. All comments filed under this subdivision shall be in the form of written statements with relevant facts, arguments in support, and citations to relevant authority, if any.
(e) Record on Review. Ethics counsel shall prepare and distribute to the PEC a file on each matter for review. Any person may request and receive a copy of the file. Ethics counsel may charge a reasonable fee for providing copies in accord with established, general bar policies.
(1) Appeals of Written Staff Opinions. The file shall include the original request for the opinion, the written staff opinion, and the written request for PEC review.
(2) Requests of Board of Governors. The file shall include the request, relevant material and authorities, any proposed text for consideration, and any timely comments.
(3) Review of Staff Opinions. The file shall include the original request for the opinion, the written staff opinion, and the written request for PEC review.
(4) Review of Existing Advisory Ethics Opinions. The file shall include the existing advisory ethics opinion, relevant material and authorities, and the written request for PEC review.
(f) PEC Action. By majority vote of those present, the PEC may:
(1) Appeals of Written Staff Opinions.
(A) affirm the opinion, in whole or in part;
(B) reverse the opinion, in whole or in part;
(C) return the opinion to ethics counsel with instructions as to redrafting; or
(D) determine to issue, amend, or withdraw an advisory ethics opinion.
(2) Requests of Board of Governors.
(A) decline to issue an advisory ethics opinion;
(B) agree to issue, amend, or withdraw an advisory ethics opinion; or
(C) provide informal information or comments to the inquirer.
(3) Review of Staff Opinions.
(A) affirm the opinion, in whole or in part;
(B) reverse the opinion, in whole or in part;
(C) return the opinion to ethics counsel with instructions as to redrafting; or
(D) determine to issue, amend, or withdraw an advisory ethics opinion.
(4) Review of Existing Advisory Ethics Opinions.
(A) affirm the advisory ethics opinion, in whole or in part;
(B) reverse the advisory opinion, in whole or in part; or
(C) determine to issue, amend, or withdraw an advisory ethics opinion.
(g) Notice of PEC Action. Notice of PEC action shall advise about the procedures for requesting review by the Board Review Committee on Professional Ethics. Notice of PEC action regarding formal opinions of the PEC shall be published in The Florida Bar News. Notice of the PEC's actions shall be provided by ethics counsel to:
(1) Appeals of Written Staff Opinions. The inquiring member who appealed a written staff opinion;
(2) Requests of Board of Governors. The inquirer, all members who timely commented on a referral from the board of governors and the bar's executive director;
(3) Review of Staff Opinions. All members who timely commented on notice of the PEC's review of staff opinions.
(4) Review of Existing Advisory Ethics Opinions. All members who timely commented on notice of the PEC's review of existing advisory ethics opinions.
(h) Appeal of PEC Action. Any member who timely commented to the PEC and any member who timely appealed a written staff opinion may appeal action of the PEC to the board of governors as provided elsewhere in these procedures.