Who can practice law in Florida?

Generally speaking, you must be a member of The Florida Bar in order to practice law in Florida. There are some limited exceptions established by rule or law. For example, the following chapters of the Rules Regulating The Florida Bar allow limited practice in Florida without being admitted:

Chapter 12, Emeritus Attorney Pro Bono Participation ProgramChapter 13, Authorized Legal Aid Practitioner RuleChapter 16, Foreign Legal Consultancy RuleChapter 17, Authorized House Counsel RuleChapter 18, Military Legal Assistance Counsel Rule

There may be other exceptions allowed by law. You may contact the Bars Unlicensed Practice of Law Department, 850-561-5840, for additional information.

The Florida Bar as an organization has no direct control over attorney admissions. The Florida Board of Bar Examiners is the entity charged by the Florida Supreme Court with assuring that only qualified persons will be admitted to the practice of law in this state. The Board of Bar Examiners investigates the character and fitness of applicants, develops and administers the bar examination for attorney candidates, and submits for Supreme Court approval the names of those qualified for admission to practice.

The Florida Bar offers several services in addition to theFind a Lawyer searchon the homepage to help people find an attorney for access to the justice system. The pamphletHow to find a lawyer in Floridaprovides an overview of what to consider when selecting an attorney. Please see theLawyer Referral Servicepage, and the consumer pamphlet titledLegal Aid in Floridafor details about these options for finding an attorney. Lawyers may also be selected from a list ofboard certified attorneys. Board certification is a voluntary program with standards established by the Supreme Court of Florida to identify attorneys who have special knowledge, skills, and proficiency, as well as good character, ethics and a reputation for professionalism in the practice of law. Experience, testing and peer review are key components of certification. Please see theCertificationportion of our site to obtain a description of the 24 areas in which attorneys may be certified.

The unlicensed practice of law, in its simplest terms, is when someone who is not licensed or otherwise authorized to practice law in Florida practices law. In determining whether the giving advice and counsel and the performance of services in legal matters constitute the practice of law, it is safe to follow the rule that if giving such advice and performance of services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the persons giving such advice possess legal skill and knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and performance of services by one for another constitutes the practice of law.

No. The Florida Bar does not license paralegals. But on March 1, 2008, the voluntaryFlorida Registered Paralegal Programwent into effect. The program provides for voluntary registration of paralegals who meet minimum educational, certification or work experience and who agree to abide by an established code of ethics. For the first three years of the program, paralegals who are able to show substantial experience, but who dont meet the education or certification requirements, will be able to become Florida Registered Paralegals under a grandfathering provision. The newChapter 20of the Rules Regulating The Florida Bar establishing the program does not set forth the duties paralegals may perform or deal with the fees that can be charged or awarded for the work they do. The primary responsibility for monitoring the work of paralegals whether Florida Registered Paralegals or not rests with the attorneys who employ or supervise them. Additionally, The Florida Bar has been given the authority to investigate and prosecute the unlicensed practice of law. This may include activities performed by nonlawyers who call themselves paralegals. Under Florida Bar rules approved by the Supreme Court of Florida, only a nonlawyer who is working under the direction and supervision of a member of The Florida Bar may use the title paralegal. A nonlawyer who is not working for a lawyer and uses this title is engaging in the unlicensed practice of law. If you have questions regarding the unlicensed practice of law or if you wish to file a complaint against someone practicing law without a license, you may contact the Bars UPL Department at 850-561-5840.

Originally posted here:
Frequently Asked Questions The Florida Bar