§ Rule 12-1.2 Definitions

Rule 12-1.2. Definitions

    (a) Emeritus Attorney. An “emeritus attorney” is any person, retired from the active practice of law, who is or was admitted to practice law before the highest court of Florida or any other state or territory of the United States or the District of Columbia;

        (1) has been engaged in the active practice of law for a minimum of 10 out of the 15 years immediately preceding the application to participate in the emeritus program;

        (2) has been a member in good standing of The Florida Bar or the entity governing the practice of law of any other state, territory, or the District of Columbia and has not been disciplined for professional misconduct by the bar or courts of any jurisdiction within the past 15 years;

        (3) if not a retired member of The Florida Bar, has not failed the Florida bar examination 3 or more times;

        (4) agrees to abide by the Rules of Professional Conduct and submit to the jurisdiction of the Supreme Court of Florida for disciplinary purposes;

        (5) neither asks for nor receives compensation of any kind for the legal services to be rendered hereunder; and

        (6) is certified under rule 12-1.5.

    (b) Approved Legal Aid Organization. An “approved legal aid organization” for the purposes of this chapter is a not-for-profit legal aid organization that is approved by the Supreme Court of Florida as set forth herein. A legal aid organization seeking approval from the Supreme Court of Florida for the purposes of this chapter shall file a petition with the clerk of the Supreme Court of Florida certifying that it is a not-for-profit organization and reciting with specificity:

        (1) the structure of the organization and whether it accepts funds from its clients;

        (2) the major sources of funds used by the organization;

        (3) the criteria used to determine potential clients' eligibility for legal services performed by the organization;

        (4) the types of legal and nonlegal services performed by the organization;

        (5) the names of all members of The Florida Bar who are employed by the organization or who regularly perform legal work for the organization; and

        (6) the existence and extent of malpractice insurance that will cover the emeritus attorney.

    (c) Supervising Attorney. A “supervising attorney” as used herein is a member in good standing of The Florida Bar who directs and supervises an emeritus attorney engaged in activities permitted by this chapter. The supervising attorney must:

        (1) be employed by or be a participating volunteer for an approved legal aid organization; and

        (2) assume personal professional responsibility for supervising the conduct of the matter, litigation, or administrative proceeding in which the emeritus attorney participates.