Zeal Remains OK, Celebrity Endorsements Allowed In Florida

The Florida Supreme Court has adopted some amendments to its Rules regulating the Bar and declined to adopt other proposed changes

Notably not changed

As to the amendments proposed to the Preamble and rule 4-1.3, the Bar proposes deleting the terms because “the contemporary, plain language use of and reference to zeal are often associated with negative extremist behavior and character,” and because the terms have been used by lawyers to justify unprofessional conduct. But the public meaning of the terms has changed little since we first adopted the Preamble and rule 4-1.3, and we have made it abundantly clear that zealous advocacy on behalf of a client is not an excuse for any type of misconduct under the rules. See, e.g., Fla. Bar v. Schwartz, 382 So. 3d 600, 611 (Fla. 2024) (stating that “the requirement of providing zealous representation is not a sword to wield as an excuse to otherwise engage in misconduct”); Fla. Bar v. Norkin, 132 So. 3d 77, 90 (Fla. 2013) (“Effective and zealous representation does not require antagonistic or acrimonious behavior.” (quoting the Guidelines for Professional Conduct))

As to the amendments proposed to rule 4-8.6(e), the Bar proposes requiring an individual subject to an emergency or other indefinite suspension lasting 91 days or longer to sever employment with and financial interests in an authorized business entity. The rule currently applies to individuals with suspensions lasting 91 days or longer who have been found guilty of committing misconduct and are suspended as part of the discipline for those findings. With emergency or indefinite suspensions, there is no such finding of guilt and the suspension is not related to a finding of guilt. Individuals suspended under these provisions may not yet have had the opportunity to defend themselves against pending discipline allegations. Because of this distinction, we decline to adopt the Bar’s proposed amendments to rule 4-8.6(e).

Adopted

In addition to various grammatical changes, we amend the Comments to rules 4-1.1, 4-1.6, 4-5.1, and 4-5.3, adding a warning about the necessity to take care in using generative artificial intelligence. We also amend rules 4-7.13 and 4-7.15 to allow for testimonials of a celebrity who is a current or former client, so long as the testimonial otherwise complies with the rules.

The celebrity endorsements should be interesting, to say the least. (Mike Frisch)