As amended through November 4, 2024
Rule 17-1.4 - CERTIFICATION(a)Filing with The Florida Bar. The following must be filed with The Florida Bar by an individual seeking to be certified as authorized house counsel: (1) documentation or a certificate from all applicable United States and foreign jurisdictions proving that the registrant meets the requirements of rule 17-1.2(a)(1) and if the lawyer is in inactive status, the documentation or certification must certify that the lawyer is in voluntary inactive status and was not placed on inactive status involuntarily;(2) a sworn statement by the registrant that the registrant: (A) has read and is familiar with chapters 4 and 17 of the Rules Regulating The Florida Bar and will abide by its provisions;(B) submits to the jurisdiction of the Supreme Court of Florida for disciplinary purposes as defined in chapter 3 of the Rules Regulating The Florida Bar and this chapter;(C) is not subject to a disciplinary proceeding or outstanding order of reprimand, censure, or disbarment, permanent or temporary, for professional misconduct by the bar or courts or duly constituted organization overseeing the profession or granting authority to practice law of any jurisdiction and has not been permanently denied admission to practice before the bar or duly constituted organization overseeing the profession or granting authority to practice law of any jurisdiction based on the person's character or fitness; and(D) authorizes notification of any disciplinary or other action taken against the registrant to or from the disciplinary authority or duly constituted organization overseeing the profession or which granted authority to practice law in all United States and foreign jurisdictions where the applicant is licensed or otherwise authorized to practice law.(3) a certificate from a business organization certifying that it meets the definition of a business organization as defined elsewhere in this chapter, that it is aware that the registrant is not licensed to practice in Florida, and it is not relying on The Florida Bar in any manner in employing the authorized house counsel;(4) an application to The Florida Bar as promulgated by the executive director of The Florida Bar; and(5) a filing fee set by the executive director of The Florida Bar in an amount not to exceed the amount applicable for admission to the bar examination for a lawyer licensed in a state other than Florida.(b)Review by The Florida Bar. The Florida Bar will review applications for compliance with this chapter.(c)Certification by Court. The Florida Bar will submit the name and address of all registrants meeting the requirements of this rule to the clerk of the Supreme Court of Florida with a request that the registrant be certified as authorized house counsel. If the registrant is employed in Florida, authorization to perform services under this rule becomes effective on the date the clerk of the Supreme Court of Florida approves the request for certification. If the registrant is relocating to Florida, the authorization becomes effective on the date of employment in Florida, which must be within 6 months of the date of the application.(d)Annual Renewal. The certification under this chapter is annual. The authorized house counsel must pay an annual fee that is the same fee paid by active members of The Florida Bar and provide any information the bar requires during the time set by the bar.(e)Duty to Update. An authorized house counsel must report any change in their license status or authority to practice in another applicable United States or foreign jurisdiction within 30 days of the effective date of the change in status. If an individual certified as an authorized house counsel chooses inactive status in any jurisdiction after certification, the authorized house counsel must provide documentation as required by subdivision (a)(1) of this rule. Failure to provide notice or documentation by the authorized house counsel is a basis for discipline pursuant to the Rules Regulating The Florida Bar.Added April 21, 1994 (635 So.2d 968). Amended March 18, 1999 (746 So.2d 442); March 23, 2000 (763 So.2d 1002); Apr, 2002 (820 So.2d 210); May 20, 2004 (875 So.2d 448); December 20, 2007, effective 3/1/2008 (SC06-736) (978 So.2d 91); 11/19/2009, effective 2/1/2010 (SC08-1890) (34 Fla.L.Weekly S628a), amended November 9, 2017, effective 2/1/2018 (SC16-1961).