R. Regul. Fl. Bar 10-2.1

As amended through November 4, 2024
Rule 10-2.1 - GENERALLY

Whenever used in these rules the following words or terms have the following meaning unless the use of the word or term clearly indicates a different meaning:

(a) Bar Counsel. "Bar counsel" is a member of The Florida Bar representing The Florida Bar in any proceeding under these rules and includes UPL counsel and UPL staff counsel.
(b) The Board or Board of Governors. The "board" or "board of governors" is the Board of Governors of The Florida Bar.
(c) Circuit Committee. A "circuit committee" is a local unlicensed practice of law circuit committee.
(d) This Court or the Court. "This court" or "the court" means the Supreme Court of Florida.
(e) Designated Reviewer. The "designated reviewer" is a member of the board of governors responsible for review and other specific duties as assigned by the board of governors with respect to a particular circuit committee or matter. If a designated reviewer recuses or is unavailable, any other board member may serve as designated reviewer in that matter. The designated reviewer will be selected by the board members from the circuit of that circuit committee. If circuits have an unequal number of circuit committees and board members, review responsibility will be reassigned to equalize workloads. On reassignments, responsibility for all pending cases from a particular committee passes to the new designated reviewer. UPL counsel will be given written notice of changes in the designated reviewing members for a particular committee.
(f) Executive Committee. The "executive committee" is the executive committee of the board of governors. All acts and discretion required by the board under these rules may be exercised by its executive committee between meetings of the board as may be authorized by standing policies of the board of governors.
(g) Nonlawyer or Nonattorney. For purposes of this chapter, a "nonlawyer" or "nonattorney" is an individual who is not a member of The Florida Bar. This includes, but is not limited to, lawyers admitted in other jurisdictions, law students, law graduates, applicants to The Florida Bar, disbarred lawyers, and lawyers who have resigned or been revoked from The Florida Bar. A suspended lawyer, while a member of The Florida Bar during the period of suspension as provided elsewhere in these rules, does not have the privilege of practicing law in Florida during the period of suspension. For purposes of this chapter, it constitutes the unlicensed practice of law for a lawyer admitted in a jurisdiction other than Florida to advertise to provide legal services in Florida that the lawyer is not authorized to provide.
(h) Paralegal or Legal Assistant. A "paralegal" or "legal assistant" is a person qualified by education, training, or work experience, who works under the supervision of a member of The Florida Bar, an out-of-state lawyer engaged in the authorized practice of law in Florida or a foreign lawyer engaged in the authorized practice of law in Florida and who performs specifically delegated substantive legal work for which the supervising lawyer is responsible. A nonlawyer or a group of nonlawyers may not offer legal services directly to the public by employing a lawyer to provide the lawyer supervision required under this rule. It constitutes the unlicensed practice of law for a person who does not meet the definition of paralegal or legal assistant to use the title paralegal, legal assistant, or other similar term in offering to provide or in providing services directly to the public.
(i) Respondent. A "respondent" is a nonlawyer who is accused of engaging in the unlicensed practice of law or whose conduct is under investigation.
(j) Referee. A "referee" is the judge or retired judge appointed to conduct proceedings as provided under these rules.
(k) Standing Committee. The "standing committee" is the committee constituted according to the directives contained in these rules.
(l) Unlicensed Practice of Law. The "unlicensed practice of law" means the practice of law, as prohibited by statute, court rule, and case law of the state of Florida.
(m) UPL. "UPL" is the unlicensed practice of law.
(n) UPL Counsel. "UPL counsel" is the director of the unlicensed practice of law department and an employee of The Florida Bar employed to perform such duties, as may be assigned, under the direction of the executive director.

R. Regul. Fl. Bar 10-2.1

Amended July 23, 1992, effective 1/1/1993 (605 So.2d 252); 7/20/1995 (658 So.2d 930); 6/27/1996, effective 7/1/1996 (677 So.2d 272); 10/29/1998, effective 2/1/1999 (723 So.2d 208); 4/25/2002 (820 So.2d 210); 10/6/2005, effective 1/1/2006 (SC05-206), (916 So.2d 655); 12/20/2007, effective 3/1/2008 (SC06-736), (978 So.2d 91). Amended April 12, 2012, effective 7/1/2012 (SC10-1967). Amended May 21, 2015, corrected June 25, 2015, effective 10/1/2015 (SC14-2107), amended November 9, 2017, effective 2/1/2018 (SC16-1961); amended March 3, 2022, effective 5/2/2022 (SC20-1467).