Rule 2.505 Flashcards
Scope and purpose
All persons in good standing as members of the Florida Bar shall be permitted to practice in Florida. Attorneys of other states who are not members of The Florida Bar in good standing shall NOT engage in the practice of law except to the extent permitted by rule 2.510
Persons Employed by the Court
No full-time employee of the court shall practice as an attorney in any court or before any agency of government while continuing in that position. Any
attorney designated by the chief justice or chief judge may represent the court, any
court employee in the employee’s official capacity, or any judge in the judge’s
official capacity, in any proceeding in which the court, employee, or judge is an
interested party. An attorney formerly employed by a court shall not represent
anyone in connection with a matter in which the attorney participated personally
and substantially while employed by the court, unless all parties to the proceeding
consent after disclosure
Attorney not to be surety
No attorneys or other officers of court shall enter themselves or be taken as bail or surety in any proceeding in court.
Stipulations
No private agreement or consent between parties or their attorneys concerning the practice or procedure in an action shall be of any force unless the evidence of it is in writing, subscribed by the party or the party’s attorney against whom it is alleged. Parol agreements may be made before the court if promptly made a part of the record or incorporated in the stenographic notes of the proceedings, and agreements made at depositions that are incorporated in the transcript need not be signed when signing of the deposition is waived. This rule shall not apply to settlements or other substantive agreements.
Appearance of Attorney
An attorney may appear in a proceeding in any of the following ways:
- by serving and filing, on behalf of a party, the party’s first pleading or paper in the proceeding;
- by substitution of counsel, but only by order of court and with written consent of the client, filed with the court. The court may condition substitution upon payment of, or security for, the substituted attorney’s fees and expenses, or upon such other terms as may be just;
- by filing with the court and serving upon all parties a notice of appearance as counsel for a party that has already appeared in a proceeding pro se or as co-counsel for a party that has already appeared in a proceeding by non-withdrawing counsel
Termination of appearance of attorney
Can only terminate in the following ways:
- withdrawal of attorney: by order of court, where the proceeding is continuing, upon motion and hearing, on notice to all parties and the client, such motion setting forth the reasons for withdrawal and the client’s last known address, telephone number, and email address;
- Substitution of attorney;
- Termination of proceeding: automatically, without order of court, upon the termination of a proceeding whether by final order of dismissal, by final adjudication, or otherwise and following the expiration of any applicable time for appeal where no appeal is taken;
- Filing of notice of completion: for or limited representation proceedings under Florida Family Law Rule of Procedure 12.040, automatically, by the filing of a notice of completion titled “Termination of Limited Appearance” pursuant to rule 12.040(c)
Law student participation
Eligible law students shall be permitted to participate as provided under the conditions of chapter 11 of the rules regulating the Florida Bar
Attorney as agent of client
In all matters concerning the prosecution or defense of any proceeding in court, the attorney of record shall be the agent of the client, and any notice by or to the attorney or act by the attorney in the proceeding shall be accepted as the act of or notice to the client
