BOARD EXPANDS FREE TRUST ACCOUNTING OPTIONS, ADVANCES BUDGET AND RULE CHANGES

The Florida Bar Board of Governors is expanding free trust accounting software options for members and approved a proposed budget for the next fiscal year while also easing restrictions on active military lawyers and their spouses and clarifying disciplinary procedures when it met May 15 in Miami.

“This has been an incredible year,” President Rosalyn Sia Baker-Brown said in welcoming the Board of Governors to their last meeting of her administration.

Following the approval of the Bar’s Fiscal Year 2026-27 budget, it is now headed to the Florida Supreme Court for consideration. The budget, which received no member comments during the public posting period, made no changes to the Bar’s membership fees, which remain at $265 for active members and $175 for inactive members. Fees have not increased since 2001.

Trust Accounting

Members are expected to have another free trust accounting software option available in the coming weeks — possibly by the end of June — according to Bar Programs Director Terry Hill. The board approved adding Smokeball Bill trust accounting software as a free benefit for all Florida Bar members. Smokeball Bill, a standalone version of Smokeball’s broader practice management platform, is already used by 26 other state bars, including those in Texas, New York, Virginia, and Washington, D.C. Hill said members who upgrade to Smokeball’s full practice management suite generate a 5% royalty for the Bar, producing approximately $15,000 in non-fee revenue during the last quarter.

Nota trust accounting software is already offered free to Bar members. The distinction between the two tools is that Smokeball Bill integrates with Quickbooks, whereas Nota integrates directly with financial institutions, Hill said.

Military Lawyers

Attorneys active in the military and military spouse lawyers will now submit their applications to practice in the state to the Bar instead of the Florida Board of Bar Examiners.

The board voted unanimously to rewrite Ch. 18 (Military Legal Assistance) of The Rules Regulating the Florida Bar to eliminate many existing Bar restrictions on active-duty members of the armed forces and military spouses who are bar members in good standing in another U.S. jurisdiction. The changes allow members of the military to perform legal services beyond the requirements of their active military service, eliminates requirements for a degree from an ABA-accredited law school, passage of a written bar exam, and a stipulation prohibiting Florida bar exam failure within five years.

The changes also remove the Florida mentor/employment requirement, modify CLE requirements to be consistent with those of Florida Bar members, and add temporary certification pending full certification.

The changes align with federal statute 50 U.S. 4025a and are retroactively effective as of July 2025. Military spouses who are currently eligible to practice in Florida are grandfathered into eligibility, unless or until terminated under other provisions of the rule and must pay a $1,000 fee to practice in Florida while their spouse is stationed here.

Discipline

Complainants in closed inquiries and disciplinary cases now have a defined time limit to request a review. Policy 15.75 states, “Review of closed inquiries or disciplinary cases is not a formal, appellate process.” The board voted unanimously in favor of changes to clarify that a complainant must make a written request to review the closure of a matter within 30 days of the date of the notice of Bar counsel’s closure. The changes were necessary, sponsors say, due to numerous instances of complainants requesting review just before or after their file’s one-year disposition schedule. The changes also lay out clearly that the grievance committee chair directs grievance committee review; the chair’s agreement with closure precludes further action; the chair may reopen a matter for further investigation; and the grievance committee may take any action allowed under subchapter 3-7 of Bar rules.

Lawyer Ads

The advertisement review fee, limited by Rule 4-7.19 (Evaluation of Lawyer Advertisements) to $100 or less since 2006, is expected to increase in FY 2026-27, following the rollout of a new online advertising review filing system that will make the approval process faster and easier. A rule change to eliminate the $100 limit was passed unanimously by the board as part of bundle of measures taken together.

Rather than mailing their advertisements and filing fees, members will soon be able to access an online transaction system that will automatically enter the files into The Florida Bar’s tracking and review system. This update will eliminate mailing delays, further shortening the wait for Bar staff’s opinions.

Proposals

The following actions were offered for Board consideration on first reading:

• Proposed amendment to Rule 1-7.3(C) and (E): to specify an item must be received, not merely postmarked, by the deadline due to a USPS announcement that postmarks may not reflect sent/received date.

• Proposed amendment to Rule 3-7.7 to make disciplinary appeals consistent with the Florida Rules of Appellate Procedure.

• Proposed amendment to Rule 3-7.12: to provide continuing jurisdiction of an existing referee in pending disciplinary cases, including matters addressing frozen trust funds.

• Proposed amendment to Rule 3-3.4: to clarify requirements for membership and good standing throughout committee members’ tenure.

• Proposed amendment to Rule 6-3.6 to clarify that staff attorneys, general counsel, and law clerks do not qualify as judiciary when applying for recertification for board certification.

• Proposed revision to Standing Board Policy 8.10 and 8.20 (800 series) to align with 900 series changes: 8.10 – updates title and requirements for amicus filings by mandatory Florida Bar groups; adds clarity that briefs must state they are filed solely by the group unless directed otherwise; and adds board review/action language. 8.20 – similar updates for filings, including “Board Determination,” required statements about sole authorship, and a resubmission requirement for material changes.

These actions will be considered in July.

Upcoming

• Program Evaluation Committee Co-chair Braxton Gillam shared plans to submit a proposal in July to change the Bar’s annual election dates from March 1-15 to the first Tuesday in March through the third Tuesday in March, better aligning with Tuesday-election norms and avoiding Saturday-Sunday voting start days for future Bar elections.

• Corporate Counsel Committee Chair Michel Morgan announced two upcoming CLE events: on June 3, a free, virtual event titled “From Legal Advisor to Enterprise Leader,” and on June 17, during The Florida Bar Convention, an in-person CLE event covering in-house resource management, which will be followed by a networking reception, as well as a member survey planned for 2026-27.

Appointments

President-elect Michael Fox Orr said he has made significant progress in selecting committee member and chair assignments for 2026-27.

After taking floor nominations, John Agnew, David Grimes, and Victor Smith joined Orr appointees Stephanie Marchman and Alice Sum on the 2026-27 Board of Governors Executive Committee. Rounding out the committee are the president, president-elect, chair of the Budget Committee, chair of the Legislation Committee, chair of the Communications Committee, chair of the Disciplinary Review Committee, chair of the Program Evaluation Committee, and Young Lawyers Division president.

The Board of Governors also approved five nominees to be submitted to the Supreme Court for appointment to the Florida Board of Bar Examiners Joint Screening Committee, including:

• Ellen L. Cohen, West Palm Beach

• Robert M. Eschenfelder, Clearwater

• Stephanie E. Novenario, Tallahassee

A sixth nominee will be submitted after the Joint Screening Committee reconvenes. Alicia D. Carothers of Panama City, who was originally included on the list, is now ineligible for nomination, as she was appointed as a judge on May 13.

The nominees are for two vacancies; those selected will serve a 5-year term commencing November 1.

Incumbent Shayla Walden-Davis of Delray Beach was reappointed to the Florida Legal Services Board of Directors for a three-year term.

Incumbent Raphael Martinez of Orlando was reappointed to the Florida Medical Malpractice Joint Underwriting Association Board of Directors for a two-year term.

The Board elected the following individuals to serve on the Unlicensed Practice of Law Circuit committees: Committee 3: Marina Mansour Basile, Kendra A. Hollern, Mara Driggers, and Tami Saperstein; Committee 20: Margaret E. Polsinelli.

UPL Standing Committee members were also appointed/reappointed:

• Donna A. Haynes (public member)

• Alexandria V. Hill (attorney)

• John B. Montague (attorney)

• Virginia M. Buchanan (attorney)

• Vincent Cuomo (public member)

• Kristin L. Kadaj (public member)

• Rian Meadows (public member)

• Rebecca S. Wilt (public member)

The Board also approved a slate of candidates to be sent to the governor for appointments to the state’s Judicial Nominating Commission.

Many reports included a roundup of committee accomplishments for year, and board members extended thanks to specific individuals and staff members for their service and contributions.

Outgoing board members Jeremy Branning, Melissa VanSickle, Jeffrey Rynor, and Young Lawyers Division President Arti Hirani offered parting comments.

Branning, who joined the Board in 2018, identified himself as the “hatchet-man,” to the YLD’s budget and praised the YLD leadership for handling it “responsibly and professionally.”

“I have had a first-hand opportunity to witness brilliant attorneys on a day in, day out basis,” said Hirani.

President Baker-Barnes ended by thanking the board and encouraging them to “speak up, and speak out, and stand up for what you believe in – even when it’s not popular – because it’s the perspective that’s important.”