Letter to the Editor: Florida Bar Rule Change Encourages More Pro Bono Service
Florida Bar President Michael Higer announces a rule change that expands options for pro bono service by older lawyers.
January 31, 2018 at 12:15 PM
3 minute read
A new Florida Bar rule change designed to encourage more pro bono service by retired lawyers has been approved by the Florida Supreme Court and will be implemented Feb. 1.
Already, members of the Florida Bar donate more than 1.6 million hours of free legal assistance every year. Still, that is not nearly enough to provide the help that countless Floridians so desperately need.
The Florida Bar, the Florida Supreme Court, the Florida Commission on Access to Civil Justice and the Florida Bar Foundation have worked tirelessly to address this issue, and together, our hope is to make the delivery of pro bono service easier to access and to deliver.
It is important to note that the amended rule's use of the word “lawyer” rather than “attorney” is not a substantive change that will affect any lawyer or attorney currently certified to serve in an emeritus status. This is simply one of many similar and routine changes made when any rule is modified for consistency and to conform to Florida Supreme Court style.
Those now certified as an emeritus attorney can continue to provide their valuable service — as I pray they will — without having to be recertified as an emeritus lawyer.
The requirement that a lawyer seeking emeritus status must have engaged in the active practice of law for at least 10 out of the 15 years immediately preceding an application is unchanged from the previous rule and will not disqualify anyone who qualified under the current rule.
Here is what the rule change will do.
It will greatly expand the pool of those eligible to serve as emeritus lawyers providing pro bono legal services to the community including participating in legal clinics sponsored or provided by the lawyers' legal aid organization and providing advice and assistance with legal problems or issues not in litigation including drafting legal documents.
The amended rule will also permit inactive or retired bar members, inactive or retired lawyers who practiced in any other state or territory of the United States or the District of Columbia, former judges, current or former law professors, and authorized house counsel to serve as emeritus lawyers and perform this important service.
Currently, there are fewer than two dozen emeritus lawyers in Florida; this amendment could add more than 6,000 to that number. This is great news.
This amendment has been praised by Florida Bar Foundation President Jewel White. It was recommended by the Florida Commission on Access to Civil Justice. It was examined and approved by the Florida Bar's board of governors and the state Supreme Court, with many opportunities for public comment along the way.
This change, which has been in the works for several years, will welcome many more lawyers to do what so many members of The Florida Bar have done so well for so long — provide pro bono legal services to our neighbors in need.
Michael J. Higer
President
The Florida Bar
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