Florida Bar re Amendments to Rules Regulating the Florida Bar

Citations: 641 So. 2d 1327; 19 Fla. L. Weekly Supp. 421; 1994 Fla. LEXIS 1334; 1994 WL 469179Docket: No. 83222

Court: Supreme Court of Florida; September 1, 1994; Florida; State Supreme Court

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The Florida Bar petitions the Court to amend or adopt new Rules Regulating The Florida Bar, specifically proposing certification standards for health law and immigration and nationality attorneys. These proposals, requested by the Bar and unopposed by other parties, have been separated from the broader petition for expedited review. The Court, exercising jurisdiction under the Florida Constitution, approves the proposed subchapters, which establish new certification areas for attorneys in health law (Subchapter 6-14) and immigration law (Subchapter 6-15). 

Subchapter 6-14 outlines standards for becoming a Board Certified Health Law Attorney, indicating that eligible lawyers must be in good standing and demonstrate special knowledge and proficiency in health law. Key definitions include "health law," which encompasses legal issues related to healthcare providers and regulations, and the specific parameters of the "practice of law." 

Minimum standards for certification require applicants to have five years of legal practice, either in the U.S. or concerning U.S. law abroad, with a stipulation that an LL.M. degree in health law can count for one year of practice but cannot exceed one year of credit within any 12-month period. The new rules are effective immediately upon the Court's opinion release, with all changes highlighted in the appendix. Justices concur with the decision.

Every applicant for health law certification must demonstrate substantial involvement in health law practice for at least three years preceding their application date, with a possible waiver for compelling reasons upon board recommendation. Substantial involvement requires dedicating 40% or more of the applicant's practice to health law matters, with direct participation. Applicants must provide detailed information about their work frequency and the health law issues they handled. The definition of "practice of law" includes time spent lecturing or writing on health law if the applicant was practicing law during that time. Compliance is initially shown through a questionnaire approved by the health law certification committee, with potential for further written or oral supplements.

Additionally, applicants must submit names and addresses of five attorneys or judges familiar with their health law practice, excluding current law firm colleagues, to attest to their reputation. The board and committee may permit references from non-attorneys and conduct further inquiries if necessary.

Moreover, applicants must fulfill continuing legal education requirements in health law during the three years prior to application, totaling no less than 60 hours. Acceptable education methods include attending or lecturing at approved seminars, authoring health law articles or books, teaching health law courses, completing approved home study programs (limited to 50% of the hours), or other methods sanctioned by the health law certification committee.

The board of legal specialization and education, along with the health law certification committee, is responsible for establishing rules and regulations regarding standards for health law certification. These standards include defining the number of hours allocated to various educational activities related to health law. Applicants for certification must pass a written examination that assesses their knowledge and skills in health law.

For recertification, applicants must demonstrate substantial involvement in health law since their last certification, which can include submitting an affidavit attesting to compliance. They are also required to complete at least 100 hours of continuing legal education, although those who have completed over 60 hours may satisfy this requirement by passing the written examination for new applicants. Additionally, peer review must adhere to established standards, and if concerns arise about an applicant’s compliance with health law standards, passing the written examination may be mandated for recertification.

Moreover, specific standards are set for lawyers seeking to be recognized as 'Board Certified Immigration and Nationality Lawyers.' These standards aim to identify practitioners with the requisite knowledge and skills in immigration and nationality law, defined as encompassing all aspects of the U.S. Immigration and Nationality Act. The practice of law in this context is defined according to relevant rules.

Minimum standards for applicants seeking certification in immigration and nationality law include:

1. **Practice Duration**: Applicants must have at least 5 years of full-time legal practice.
2. **Substantial Involvement**: Applicants must show substantial involvement in immigration and nationality law for the 3 years prior to application, defined as dedicating 40% or more of their practice to relevant issues. Relevant activities include:
   - Representation before the Immigration and Naturalization Service for petitions and applications.
   - Representation in exclusion, deportation, and bond proceedings before the Executive Office for Immigration Review.
   - Preparation of Labor Certification Applications and related documents for the Department of Labor.
   - Representation in consular processing of visa applications before the Department of State.
   - Representation in original and appellate jurisdiction matters before U.S. district courts and courts of appeals.
   The committee may waive the 3-year requirement for good cause.

3. **Peer Review**: Applicants must provide names and addresses of 5 attorneys familiar with their practice who can verify their reputation in immigration law. References from non-attorneys may be accepted upon showing good cause.

4. **Education Requirements**: Applicants must demonstrate compliance with continuing legal education (CLE) requirements, totaling 60 hours in immigration and nationality law within the 3 years before application. Acceptable educational activities include attending seminars, teaching, speaking engagements, writing, participating in professional committees, and completing home study programs (with a maximum of 50% of the requirement from home study). Additional methods may be approved by the committee and the board of legal specialization and education.

The immigration and nationality certification committee, in collaboration with the board of legal specialization and education, will set standards for the number of hours applicable to various subdivisions related to immigration and nationality law. Applicants seeking certification must pass a written examination that assesses their knowledge and skills in this field. For recertification, applicants must demonstrate substantial involvement in immigration and nationality law since their last certification, meeting standards outlined in rule 6-15.3(b). Furthermore, they must complete 100 hours of continuing legal education in immigration and nationality law, with at least 60 hours completed in the three years prior to application, adhering to standards in rule 6-15.3(d). Peer reviews will follow standards in rule 6-15.3(c). If an applicant fails to meet the continuing education requirement, the committee may require them to pass the examination instead.