Florida Revises Interim Suspension Provisions

The Florida Supreme Court has adopted revised rules for interim suspension of an attorney charged with a felony

The Court adopts, on its own motion, new Rule Regulating The Florida Bar 3-5.3 (Interim Suspension), which addresses the grounds for suspension of a lawyer charged with a felony “that reflects adversely on the lawyer’s fitness to practice law.” The new rule provides a procedure for notice and an opportunity to respond before the imposition of an interim suspension based on felony charges and explains that the respondent may move to dissolve the interim suspension “on a change in the criminal charges or on a disposition of the felony criminal charges.” The new rule further explains that “[i]f the criminal charges result in a determination or judgment of guilt, rule 3-7.2 applies.” And, under new rule 3-5.3, the respondent may move to expunge an interim suspension in certain circumstances.

We also, on our own motion, amend rule 3-5.2 (Emergency Suspension and Interim Probation) to remove what is now addressed in new rule 3-5.3, and we renumber former rules 3-5.3 (Diversion of Disciplinary Cases to Practice and Professionalism Enhancement Programs) and 3-5.4 (Publication of Discipline)

(Mike Frisch)