No. SC04-2246.

933 So.2d 417 (2006)


Supreme Court of Florida.

As Revised on Denial of Rehearing June 29, 2006.

Attorney(s) appearing for the Case

John F. Harkness, Jr., Executive Director, Tallahassee, FL, Alan B. Bookman, President, Pensacola, FL, Adele I. Stone, Chair, Special Committee to Review the ABA Model Rules 2002, Fort Lauderdale, FL, John A. Boggs, Director, Legal Division, Mary Ellen Bateman, Director, Legal Division DEUP, Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, Tallahassee, FL, for Petitioner.

Marion J. Radson, City Attorney, Ex Officio Member of the Executive Council and Past Chair, City, County and Local Government Law Section, Gainesville, FL, Craig J. Coller, Chair, City, County and Local Government Law Section, Miami, FL, Anne Bast Brown, County Attorney, Levy County, Bronson, FL, Kraig A. Conn, Deputy General Counsel, Florida League of Cities, Inc., Tallahassee, FL, John Joseph Fredyma, Fort Myers, FL, Gerald T. Buhr, P.A., Lutz, FL, John C. Wolfe, City Attorney, City of St. Petersburg, St. Petersburg, FL, Alan Hardy Prather and Michele S. Hall of Dye, Deitrich, Prather, Petruff and St. Paul, P.L., Bradenton, FL, Frank S. Bartolone, Esquire, Boynton Beach, FL, Michael S. Mullin, County Attorney, Nassau County, Fernandina Beach, FL, Elizabeth M. Hernandez, City Attorney, City of Coral Gables, Coral Gables, FL, for Proponents.

Bob Dillinger, Public Defender, Sixth Judicial Circuit, Clearwater, Arthur I. Jacobs, General Counsel, Florida Prosecuting Attorneys Association, Fernandina Beach, FL, Katherine E. Giddings of Akerman Senterfitt, American Insurance Association ("AIA"), Peter J. Winders, General Counsel and Joseph H. Lang, Jr., Carlton Fields, P.A., Tampa, FL, for Opponents.

Carolyn S. Salisbury, Esquire, The Florida Bar Public Interest Law Section and the University of Miami School of Law, Coral Gables, FL, Caroline Heck Miller and Marcos Daniel Jimenez, U.S. Attorney's office, Southern District of Florida, Miami, FL, Gregory R. Miller, U.S. Attorney's office, Northern District of Florida, Tallahassee, FL, Paul I. Perez, U.S. Attorney's office, Middle District of Florida, Tampa, FL, Maxine M. Long of Shutts and Bowen, LLP, Miami, FL, and James B. Murphy, Jr. of Shook, Hardy and Bacon, LLP, Business Law Section of the Florida Bar, Tampa, FL, for Opponents in Part.


The Florida Bar petitions this Court to consider proposed amendments to Chapters 4 and 5 of the Rules Regulating the Florida Bar. We have jurisdiction. See Art. V, § 15, Fla. Const.

The Florida Bar's Special Committee to Review the American Bar Association Model Rules 2002 (Committee) studied changes in the American Bar Association Model Rules of Professional Conduct and compared them with the existing Rules Regulating the Florida Bar...

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