§ Rule 4 Procedure for Issuance of SCA Opinions
Rule 4. Procedure for Issuance of SCA Opinions
(a) Scheduling SCA Review. Timely appeals, requests of the board of governors, SCA review of staff opinions, and SCA review of existing advisory advertising opinions shall be scheduled for SCA consideration at the next available meeting of the SCA if any official notice requirements are met.
(b) Authority of SCA Chair. The chair of the SCA 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 SCA Review.
(1) Adoption and Modification of Opinions. In the event that the SCA decides to consider rendering a written opinion for publication at the request of the board of governors, upon SCA review of staff opinions, or upon SCA review of existing formal opinions, the SCA 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 SCA's deliberations will occur and shall invite written comments from interested bar members. Initial publication shall fully identify the subject matter of the issue and any proposed text, if then available, and invite written comment. If an opinion is issued, the SCA shall publish an official notice of the adoption of the advisory advertising 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 advertising opinion.
(2) Withdrawal of Opinions. In the event that the SCA decides to consider withdrawing an advisory advertising opinion, the SCA shall publish in The Florida Bar News an official notice of its intent to consider withdrawing the advisory advertising opinion. The notice shall state the time and place at which the SCA's deliberations will occur, shall summarize the advisory advertising 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 SCA's intent to consider rendering an advisory advertising opinions, official notice of the SCA's adoption of a proposed advisory advertising opinion, official notice that the SCA has revised a proposed advisory advertising opinion, or official notice that the SCA intends to withdraw an advisory advertising 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 SCA 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 SCA 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 equest for SCA review.
(4) Review of Existing Advisory Advertising Opinions. The file shall include the existing advisory advertising opinion, relevant material and authorities, and the written request for SCA review.
(f) SCA Action. By majority vote of those present, the SCA 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 advertising opinion.
(2) Requests of Board of Governors.
(A) decline to issue an advisory advertising opinion;
(B) agree to issue, amend, or withdraw an advisory advertising 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 advertising opinion.
(4) Review of Existing Advisory Advertising Opinions.
(A) affirm the advisory advertising opinion, in whole or in part;
(B) reverse the advisory advertising opinion, in whole or in part;
(C) determine to issue, amend, or withdraw an advisory advertising opinion.
(g) Notice of SCA Action. Notice of SCA action regarding formal opinions of the SCA shall be published in The Florida Bar News. Notice of the SCA's actions shall be provided by ethics counsel to:
(1) Appeals of Written Staff Opinions. The inquiring member who requested review of a written staff opinion or an advertisement filed in accordance with rule 4-7.7;
(2) Requests of Board of Governors. The inquirer, all members who timely commented on a referral from the board of governors, any member who requests review within 30 days of the publication of the notice of SCA action, and the bar's executive director; (3) Review of Staff Opinions. All members who timely commented on notice of the SCA's review of staff opinions;
(4) Review of Existing Advisory Advertising Opinions. All members who timely commented on notice of the SCA's review of existing advisory advertising opinions.
(h) Appeal of SCA Action. Any member who timely commented to the SCA and any member who timely appealed a written staff opinion may appeal action of the SCA to the board of governors as provided elsewhere in these procedures.