(A) Qualification for Admission to the District’s Bar. An attorney is qualified for
admission to the District’s bar only if the attorney is a member in good standing of
The Florida Bar. But an attorney who was previously admitted to the District’s bar
may remain a member so long as (1) the attorney does not violate Florida law on the
unauthorized practice of law and (2) there are no other grounds for the attorney’s
removal from the District’s bar.
(B) Applying for Admission. An application for admission to the District’s bar must be
under oath and must be submitted to the Clerk in the form the Clerk directs. The
applicant must submit proof of membership in The Florida Bar in the form the Clerk
directs. The applicant must pay the fee set by administrative order, except that an
applicant who is an employee of the United States or a state or local government
need not pay the fee.
(C) Appearing Pro Hac Vice. An attorney who is a member in good standing of the bar
of a jurisdiction where the attorney resides or regularly practices law may file a
motion in a case for leave to appear pro hac vice. The attorney must pay the fee set
by administrative order and must file proof of bar membership in the form the Clerk
directs. Admission pro hac vice does not change the attorney’s obligation to comply
with Florida law on the unauthorized practice of law.
(D) Other Appearances Prohibited; Exceptions for Emergencies and for Attorneys
Representing the United States. An attorney must not file a document or appear at
a trial or hearing unless the attorney is a member of the District’s bar or has been
granted leave to appear in the case pro hac vice. But in an emergency, an attorney
may file a document or appear while seeking admission to the District’s bar or leave
to appear pro hac vice. And an attorney may appear for the United States—or for a
federal agency or federal employee on matters within the scope of employment—
without being a member of the District’s bar or being admitted pro hac vice.
(E) Education. By administrative order, the District may require an attorney to
successfully complete a tutorial on the local rules—or to meet a similar
requirement—before being admitted to the District’s bar, appearing pro hac vice, or
appearing for the United States. By administrative order, the District may require an
attorney to successfully complete a tutorial on the electronic filing system—or to
meet a similar requirement—before filing materials electronically.
(F) Participation by a Represented Party Prohibited. A party who is represented by
an attorney must appear only through the attorney; the party may not file documents
or participate in a trial or hearing on the party’s own behalf. A party who appears pro
se may not be represented jointly or intermittently by an attorney. But an attorney
may enter an appearance and thus end a party’s pro se status, so long as the
appearance will not delay a trial or other proceeding, and the Court may allow an
attorney to withdraw even if doing so will leave the party without an attorney.
(G) Professional Conduct, Disbarment, and Other Discipline.
(1) Professional Conduct. An attorney must comply with the Rules of
Professional Conduct that are part of the Rules Regulating The Florida Bar, as
amended from time to time, or with any set of rules adopted by The Florida
Bar in their place, unless federal law provides otherwise.
(2) Notifying the District of Any Disbarment or Suspension. An attorney who is
disbarred or suspended from any jurisdiction’s bar must immediately notify the
district by letter to the Clerk or Chief Judge, enclosing a copy of the
disbarment or suspension.
(3) Effect of Disbarment or Suspension by The Florida Bar. An attorney who is
disbarred or suspended by The Florida Bar stands automatically disbarred or
suspended from the district’s bar, without further action, effective at the same
time as disbarment or suspension from The Florida Bar. Reinstatement to The
Florida Bar after a suspension automatically reinstates the attorney to the
district’s bar. An attorney who is readmitted to The Florida Bar after
disbarment may become a member of the district’s bar only by reapplying.
(4) Disbarment or Suspension on Other Grounds. An attorney will be removed
or suspended from the District’s bar on any other ground only after notice and
an opportunity to be heard. At the District’s option, the opportunity to be heard
may be limited to submitting argument or evidence in writing. The attorney
may be prohibited from acting on a case in this District after notice is given
and while the attorney’s removal or suspension is under consideration.
Grounds for disbarment or suspension include:
(a) disbarment or suspension from any jurisdiction’s bar;
(b) conviction of, entry of a plea of guilty or nolo contendere to, or
commission of a felony or misdemeanor;
(c) a finding of, or conduct constituting, contempt of this or any other court;
(d) a violation of the professional-conduct standards that apply under this
rule’s paragraph (G)(1); or
(e) other conduct inconsistent with the high level of professionalism
expected in this District.
(5) Withdrawing from the District’s Bar. An attorney may withdraw from the
District’s bar by giving notice to the Clerk.
(6) Reinstatement. The District may reinstate a removed or suspended attorney,
or an attorney who has withdrawn, with or without conditions. A reinstated
attorney must pay the admission fee unless the attorney is automatically
reinstated under Local Rule 11.1(G)(3).
(7) Contempt. A person may be held in contempt of court if the person (a) acts as
an attorney in this District in violation of this rule or (b) pretends to be entitled
to act as an attorney in this District but is not.
(8) Other Restrictions or Discipline. For good cause, the District may limit an
attorney’s activities in the District or impose other discipline, and the Court
may limit an attorney’s activities or impose discipline in a case, after giving
any appropriate notice and opportunity to be heard.
(H) Withdrawing in a Case.
(1) When Court Approval Required. An attorney who has appeared in a case
may not withdraw unless:
(a) the Court grants leave to withdraw; or
(b) the client consents and the withdrawal will leave the client with another
attorney of record who intends to continue in the case.
(2) Prior Notice. An attorney must not move for leave to withdraw without first
giving 14 days’ notice to the client, unless giving notice is impossible. The
motion must set out the client’s position on the motion.
(3) Nonpayment of Fees. An attorney ordinarily will not be allowed to withdraw
based on a client’s failure to pay attorney’s fees or expenses if the withdrawal
will delay a trial or hearing. And in a criminal case, a motion to withdraw
based on a defendant’s failure to pay attorney’s fees or expenses ordinarily will
be denied if made more than 7 days after the defendant’s first arraignment.
(I) Responsibility of Retained Counsel in Criminal Cases.
(1) Unless the Court, within 7 days after arraignment, is notified in writing of
counsel’s withdrawal because of the defendant's failure to make satisfactory
financial arrangements, the Court will expect retained criminal defense counsel
to represent the defendant until the conclusion of the case. Failure of a
defendant to pay sums owed for attorney’s fees or failure of counsel to collect
a sum sufficient to compensate for all the services usually required of defense
counsel will not constitute good cause for withdrawal after the 7-day period
has expired.
(2) If a defendant moves the Court to proceed on appeal in forma pauperis and/or
for appointment of Criminal Justice Act appellate counsel, counsel retained for
trial will, in addition to the information required under Form 4 of the Rules of
Appellate Procedure, be required to fully disclose in camera (a) the attorney’s
fee agreement and the total amount of such fees and costs paid to date, in cash
or otherwise; (b) by whom fees and costs were paid; (c) any fees and costs
remaining unpaid and the complete terms of agreements concerning payment
thereof; (d) the costs actually incurred to date; and (e) a detailed description of
services actually rendered to date, including a record of the itemized time (to
the nearest 1/10 of an hour) for each service, both in-court and out-of-court,
and the total time. All such information submitted will be viewed in camera by
the Court for the purpose of deciding the defendant's motion and will be a part
of the record (sealed if requested) in the case.
