§ Rule 5 Procedure for Review of SCA Action

Codes > Florida Statutes > Rules Regulating > Florida Bar > Rule 5

Rule 5. Procedure for Review of SCA Action

    (a) Referral to Board Review Committee on Professional Ethics. Timely appeals from SCA action shall be referred to the Board Review Committee on Professional Ethics (hereinafter BRC).

    (b) Scheduling BRC Review. Timely appeals shall be scheduled for BRC consideration at the next meeting of the BRC if the appeal or request is made more than 30 days in advance of such meeting.

    (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) 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 same. Ethics counsel may charge a reasonable fee for providing copies in accord with established, general bar policies. The file shall include the record before the SCA and the request for BRC review.

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

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

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

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

    (f) Review of BRC Action. The BRC shall report its actions to the board and the action will be placed on the agenda of the board for review and approval as a consent item if affirming SCA action. Any member of the board may request that any BRC action be taken up for discussion by the full board. By majority vote of those present, the board may:

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

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

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

    (g) Notice of Board of Governors Action. Notice of board of governors action regarding formal advisory advertising 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 requested board of governors review.