Supreme Court of Florida

FOR IMMEDIATE RELEASE 8/24/2020

Craig Waters
(850) 414-7641 or publicinformation@flcourts.org

Florida Supreme Court issues pandemic order

establishing supervised practice program for Bar applicants

TALLAHASSEE – The Florida Supreme Court has issued an order establishing a supervised
practice program that will let some applicants for the August 2020 Bar exam work in the law
during the pandemic under supervision of licensed attorneys.

The program will last until 30 days after the results of the February 2021 Bar exams are released.
It creates a way for applicants to work despite delays caused by pandemic conditions and online
testing failures.

Under the order, the Florida Board of Bar Examiners will establish the supervised practice
program by the end of August. The court order outlines the application procedure and provides
that each applicant’s supervising attorney assumes professional responsibility for all services
provided.

The Florida Supreme Court ordered the creation of this temporary program after an online testing
system developed due to COVID-19 pandemic conditions failed, causing the current delay. The
Florida Board of Bar Examiners currently is working on details of a rescheduled exam to be
administered in October.

The order establishing the supervised practice program is attached.

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 Supreme Court of Florida
No. AOSC20-80

IN RE: COVID-19 EMERGENCY MEASURES RELATING TO THE 2020

BAR APPLICANTS—CREATION OF THE TEMPORARY
SUPERVISED PRACTICE PROGRAM

ADMINISTRATIVE ORDER

WHEREAS because of the Coronavirus Disease 2019 (COVID-19)

pandemic, the Governor of Florida has declared a state of emergency for the entire

state, and the State Surgeon General and State Health Officer have declared a

public health emergency exists in Florida; and

WHEREAS COVID-19 is a severe acute respiratory illness that can spread

among people through respiratory transmission; and

WHEREAS the health, safety, and well-being of applicants to The Florida

Bar, members of the Florida Board of Bar Examiners (“board”), and the board’s

administrative staff are a high priority for this Court; and

WHEREAS Rules 4-11, 4-12, and 4-13 of the Rules Regulating Admissions

to the Bar require all applicants to pass the General Bar Examination before they

may obtain the privilege to practice law in Florida; and

WHEREAS Rule 4-14 of the Rules Regulating Admission to the Bar

requires the board to administer the General Bar Examination in February and July
every year; and

WHEREAS health and safety considerations, government restrictions on

large gatherings, travel limitations, and operational challenges in complying with

social distancing guidelines required the postponement of the July 2020 General

Bar Examination to a remote administration in August 2020, which was then

cancelled because of technical difficulties with the software platform chosen for

the remote administration of the examination; and

WHEREAS the Court recognizes the severe hardship these delays have

caused Bar applicants who have been preparing for the bar exam for months; and

WHEREAS the Court is committed to taking steps to mitigate the impact of

the delays through institution of a supervised practice program the Court has

approved.

NOW THEREFORE, pursuant to the authority conferred upon this Court by

article V, section 15 of the Florida Constitution, and the authority conferred upon

me by Rule Regulating the Florida Bar 1-12.1(j),

IT IS ORDERED that a Temporary Supervised Practice Program is

established, under which applicants to The Florida Bar who were registered to take

the July 2020 General Bar Examination may practice law under supervision on a

temporary basis under the following procedures:

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I. Definitions.

A. A “2020 Bar Applicant” is a person who has submitted an application

to become a member of The Florida Bar to the Florida Board of Bar Examiners and

was issued a ticket of admission to the July 2020 General Bar Examination.

B. A “Supervised Practice Participant” is a 2020 Bar Applicant who has

been certified by the board as meeting the requirements, as set forth in paragraph

III below, for being allowed to practice law under supervision as provided in this

Administrative Order.

C. A “Supervising Attorney” is a member of The Florida Bar in good

standing who is eligible to practice law in Florida, who has maintained that status

for at least 5 years, and who does not have any pending discipline posted in the

member’s profile on The Florida Bar’s website. A Supervising Attorney must

directly employ the Supervised Practice Participant or must be employed by the

same law firm, state attorney, public defender, legal aid organization, or state

officer or governmental entity in which the practice participant is engaged in the

temporary supervised practice.

II. Certification Requirements. In order to be qualified to participate in the

Temporary Supervised Practice Program, a 2020 Bar Applicant must meet the

following requirements:

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 A. Has graduated from an ABA-accredited law school.

B. Has not taken a bar examination in Florida or in another jurisdiction

before February 1, 2020, or is licensed to practice law and is in good standing in a

United States jurisdiction other than Florida.

C. Has received a letter of clearance as to character and fitness from the

Florida Board of Bar Examiners.

D. Has obtained a passing score on the Multistate Professional

Responsibility Examination at the time the person submits an Application for

Temporary Supervised Practice as described below in Section II, or is licensed to

practice law and in good standing in a United States jurisdiction other than Florida.

E. If licensed and in good standing in another United States jurisdiction,

not be the subject of disciplinary proceedings and agrees to submit to the

jurisdiction of the Supreme Court for disciplinary purposes.

F. If not licensed to practice law and in good standing in another United

States jurisdiction, has been certified by the dean of the applicant’s law school as

being of good character and competent legal ability and such certification has not

been withdrawn by the dean.

G. Has certified in writing that he or she has read and is familiar with the

Rules of Professional Conduct and will abide by the provisions thereof.

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III. Application for Temporary Supervised Practice and Certification.

A. A 2020 Bar Applicant seeking to participate in the Temporary

Supervised Practice Program shall submit to the Florida Board of Bar Examiners

an Application for Temporary Supervised Practice (“ATSP”). The board shall

prepare and make available an application form by August 31, 2020, to be used by

a 2020 Bar Applicant who wishes to participate in the program.

B. The board shall review the ATSP and if the applicant meets the

qualification requirements in paragraph II of this Administrative Order, approve

the ATSP, and file a certification stating such with the Clerk of the Supreme Court.

C. A 2020 Bar Applicant may engage in supervised practice under the

terms of this Administrative Order upon receiving notice that the board has

approved the ATSP and the required certification has been filed with the clerk of

the Court.

IV. Supervision.

A. A Supervised Practice Participant may perform services under the

supervision of a Supervising Attorney as set forth in paragraph V below.

B. The Supervising Attorney shall assume professional responsibility for

all services provided by the Supervised Practice Participant, and for the quality of

the practice participant’s work, and shall assist in the practice participant’s

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preparation to the extent the Supervising Attorney considers it necessary.

C. The Supervising Attorney shall enter an appearance in any matter in

which a Supervised Practice Participant enters an appearance.

D. The Supervising Attorney shall be present at all critical stages of the

proceeding in any case in which the Supervised Practice Participant represents a

person who has a right to appointed counsel.

E. A Supervising Attorney may utilize audio-video communication

technology to remotely supervise the Supervised Practice Participant in satisfaction

of any requirement that the supervising attorney be present. The supervising

attorney and the practice participant must maintain a separate, confidential

communication channel during the proceedings.

V. Services.

A. Appearances in Court, Administrative Proceedings, or any Form of

Alternative Dispute Resolution.

1. Appearance on Behalf of a Person other than a Government

Officer. A Supervised Practice Participant may appear in any court or before any

administrative tribunal or any alternative dispute resolution forum in this state on

behalf of a person if the person on whose behalf the practice participant is

appearing has indicated in writing consent to the appearance and the Supervising

Attorney also has indicated in writing approval of that appearance. In all cases, the
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Supervising Attorney shall be present when required by the court or administrative

tribunal. The court or administrative tribunal shall determine the extent of the

practice participant’s participation in the proceeding.

2. Appearance for the State in Criminal Proceedings. A

Supervised Practice Participant may appear in any criminal matter on behalf of the

state with the written approval of the state attorney or the attorney general and of

the Supervising Attorney. In such cases, the Supervising Attorney shall be present

when required by the court. The court or administrative tribunal shall determine

the extent of the practice participant’s participation in the proceeding.

3. Appearance on Behalf of Governmental Officers or Entities. A

Supervised Practice Participant may appear in court or before any administrative

tribunal in any civil matter on behalf of the state, state officers, or state agencies or

on behalf of a municipality or county, provided that the municipality or county has

a full-time legal staff, with the written approval of the attorney representing the

state, state officer, state agency, municipality, or county. The approving attorney

must supervise the practice participant and must be present when required by the

court or administrative tribunal. The court or administrative tribunal shall

determine the extent of the practice participant’s participation in the proceeding.

4. Filing of Consent and Approval. In each case or administrative

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proceeding in which the Supervised Practice Participant makes an appearance as

provided in subparagraphs 1 through 3 above, the relevant and required written

consent and approval shall be filed in the record of the case and shall be brought to

the attention of the judge of the court or the presiding officer of the administrative

tribunal.

B. Preparation of Documents. A Supervised Practice Participant may

engage in the following activities, under the general supervision of a Supervising

Attorney, but outside of the Supervising Attorney’s presence:

1. Preparation of pleadings and other documents to be filed in any

matter in which the Supervised Practice Participant is eligible to appear, but such

pleadings or documents must be signed by the Supervising Attorney.

2. Preparation of briefs, abstracts, and other documents to be filed

in appellate courts of this state, but such documents must be signed by the

Supervising Attorney.

3. Preparation of contracts, wills, and other transactional

documents.

4. Assistance to indigent inmates of correctional institutions or

other persons who request such assistance in preparing applications for and

supporting documents for postconviction relief, except when the assignment of

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counsel in the matter is required by any constitutional provision, statute, or rule of

this Court. If there is an attorney of record, all such assistance must be supervised

by the attorney of record, and all documents submitted to the court on behalf of

such a client must be signed by the attorney of record.

C. Oral Argument. A Supervised Practice Participant may participate in

oral argument in appellate courts, but only in the presence of the Supervising

Attorney. The appellate court shall determine the extent of the practice

participant’s participation in the proceeding.

D. A Supervised Practice Participant otherwise authorized to provide

services under this Administrative Order is not authorized to open her or his own

practice.

V. Compensation.

A Supervised Practice Participant may not ask for or receive any

compensation or remuneration of any kind directly from the client on whose behalf

the practice participant’s Supervising Attorney renders services. A practice

participant also may not negotiate a fee agreement or be a party to a fee agreement.

This paragraph shall not prevent a Supervising Attorney, law firm, state attorney,

public defender, legal aid organization, or state officer or governmental entity from

paying compensation to the practice participant (nor shall it prevent any of the

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foregoing from making such charge for services).

VI. Expiration and Termination of Supervised Practice.

A. A Supervised Practice Participant’s privilege to engage in supervised

practice under this with Administrative Order expires within 30 days after the

board releases results for the February 2021 General Bar Examination.

B. A Supervised Practice Participant’s privilege to engage in supervised

practice under this Administrative Order will remain in effect if the practice

participant opts not to take or is unsuccessful on the bar examination offered by the

board in October 2020.

C. A Supervised Practice Participant has a continuing obligation to keep

his or her responses to the Florida Bar Application current, complete, and correct

by filing timely amendments to the application. See Fla. Bar Admiss. R. 3-14.4. If

the board determines that a Supervised Practice Participant has engaged in conduct

that requires further investigation under Rule 3-11 of the Rules Regulating

Admissions to the Bar, the board may investigate the conduct and notify the clerk

of the Court that it is reconsidering its clearance as to character and fitness. If

based on that investigation or upon learning that the practice participant no longer

meets all of the qualification requirements, the board shall give the practice

participant and the clerk of the Court written notification of the withdrawal of the

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board’s certification.

D. A law school dean who has certified the good character and

competent legal ability of a Supervised Practice Participant may withdraw that

certification; and, if the dean does so, the dean must promptly notify the clerk of

the Court and the board in writing.

E. The Court may terminate a Supervised Practice Participant’s privilege

to practice under this Administrative Order at any time without notice or hearing

and without any showing of cause. Notice of the termination shall be filed with the

clerk of the Court and provided to the board and the practice participant.

DONE AND ORDERED at Tallahassee, Florida, on August 24, 2020.

AOSC20-80 8/24/2020
____________________________
Chief Justice Charles T. Canady
AOSC20-80 8/24/2020

ATTEST:

AOSC20-80 8/24/2020
______________________________
John A. Tomasino, Clerk of Court
AOSC20-80 8/24/2020

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