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§ Rule 6 Procedure for Issuance of Board of Governors Opinions

Codes > Florida Statutes > Rules Regulating > Florida Bar > Rule 6

Rule 6. Procedure for Issuance of Board of Governors Opinions

    (a) Referral to BRC. Board of governors decisions to render an advisory ethics opinion shall be referred to the BRC to develop a specific set of facts upon which the opinion will be based, comply with notice provisions in this procedure, and adopt a written advisory opinion applying the Rules of Professional Conduct to the set of facts.

    (b) Scheduling BRC Review. Advisory ethics opinions shall be scheduled for BRC consideration if the decision to consider rendering an opinion is made more than 30 days in advance of such meeting and any official notice requirements are met.

    (c) Authority of BRC Chair. The chair of the BRC 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.

    (d) Notice of BRC Opinion. In the event that the board of governors refers an issue to the BRC to render a written opinion for publication, the BRC 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 BRC'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 BRC 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.

    (e) 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 BRC's intent to consider rendering a proposed advisory opinion, official notice of the BRC's adoption of an advisory ethics opinion, or official notice that the BRC has revised a proposed 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.

    (f) Record on Review. Ethics counsel shall prepare and distribute to the BRC 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. The file shall contain the statement of facts upon which the proposed advisory opinion will be made, relevant material and authorities, and the text of the proposed advisory opinion, if then available.

    (g) BRC Action. By majority vote of those present, the BRC may:

        (1) determine to issue an opinion; or

        (2) determine not to issue an opinion.

    (h) Review of BRC Action. The BRC shall report its actions to the board. By majority vote of those present, the board may:

        (1) affirm the BRC action, in whole or in part;

        (2) reverse the BRC action, in whole or in part; or

        (3) return the matter to the BRC with instructions as to redrafting.

    (i) Notice of Board of Governors Action. Notice of board of governors action regarding formal advisory opinions shall be published in The Florida Bar News. Notice of the board's actions shall be provided by ethics counsel to the members who timely filed comments.