§ Rule 6-6.2 Definitions

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-6 Standards > Rule 6-6.2

Rule 6-6.2. Definitions

    (a) Marital and Family Law. “Marital and family law” is the practice of law dealing with legal problems arising from the family relationship of husband and wife and parent and child, including civil controversies arising from those relationships. In addition to actual pretrial and trial process, “marital and family law” includes evaluating, handling, and resolving such controversies prior to and during the institution of suit and postjudgment proceedings. The practice of marital and family law in the state of Florida is generally unique in that decisional, statutory, and procedural laws are specific to this state.

    (b) Practice of Law. The “practice of law” for this area is defined as set out in rule 6-3.5(c)(1).

    (c) Judicial Officers. “Judicial officers” shall include judges, general magistrates, special magistrates, child support hearing officers, and private triers of fact appointed by court order.

    (d) Trial. A “trial” is defined as a matter submitted to and decided by the trier of fact for ultimate resolution by the court's rendition of a judgment or order on at least 1 issue aside from the dissolution of the parties' marriage. Further, the applicant must have, incident thereto, presided over as a judicial officer, or conducted as an advocate, at least 1 direct and 1 cross examination of at least 2 different witnesses, with the introduction into evidence of at least 1 exhibit. The applicant must have been responsible for all, or a majority of, the presentation of evidence and/or representation of the client if the matter was handled as an advocate.

    (e) Substantial Involvement. “Substantial involvement” is defined as active participation in client interviewing, counseling, investigating, preparation of pleadings, participation in discovery beyond mandatory disclosure, taking of testimony, presentation of evidence, attendance at hearings, negotiations of settlement, attendance at mediation, drafting and preparation of marital settlement agreements, and argument and trial of marital and family law cases. Substantial involvement also includes active participation in the appeal of marital and family law cases.