Florida Judicial Administration Rule 2.505
RULE 2.505. ATTORNEYS
(a) Scope and Purpose. All members of The Florida Bar in
good standing are permitted to practice law in Florida. Attorneys of
other states who are not members of The Florida Bar in good
standing cannot engage in the practice of law in Florida except to
the extent permitted by rule 2.510.
(b) Persons Employed by the Court. Except as provided in
this subdivision, a full-time employee of the court must not 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 must 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.
(c) Attorney Must Not Be Surety. Attorneys or other
officers of court must not enter themselves or be taken as bail or
surety in any proceeding in court.
(d) Stipulations. A private agreement or consent between
parties or their attorneys concerning the practice or procedure in an
action is unenforceable unless it is in writing and signed by the
party or the party’s attorney against whom enforcement is sought.
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. Agreements made at depositions that are incorporated
in the transcript need not be signed when signing of the deposition
is waived. This rule does not apply to settlements or other
substantive agreements.
(e) Appearance of Attorney. An attorney may appear for a
party in an action or proceeding in any of the following ways.
(1) First Pleading or Document. Signing the first
pleading or other document filed on behalf of a party.
(2) Notice of Appearance. Filing a notice of appearance
on behalf of a party.
(3) Order on Substitution of Counsel. Filing of a written
order by the court, that reflects written consent of the client. The
court may condition substitution of counsel upon payment of or
grant of security for the substituted attorney’s fees and expenses or
upon such other terms as may be just.
(4) Notice of Substitution of Counsel. Filing a notice of
substitution of counsel when the substituting attorney is from the
same law firm, company, or governmental agency as the replaced
attorney.
(5) Notice of Limited Appearance. Filing a notice of
limited appearance as permitted by another rule of court.
(6) Appearance as Stand-In Counsel. Appearing as
stand-in counsel pursuant to subdivision (g).
(f) Termination of Appearance of Attorney. An
appearance of an attorney for a party in an action or proceeding
terminates only in the following ways.
(1) Withdrawal of Attorney. A written order of the court
after hearing on a motion setting forth reasons for withdrawal and
the client’s last known address, telephone number, and e-mail
address. The client’s e-mail address in the order is the client’s
designation of a primary e-mail address unless the client designates
a different primary e-mail address or is excused under rule
2.516(b)(1).
(2) Substitution of Attorney. Substitution of counsel
pursuant to subdivision (e)(3) or (e)(4).
(3) Termination of Proceeding. Termination of an action
or proceeding and expiration of any applicable time for appeal when
no appeal is taken, without any further action of the court unless
otherwise required by another rule of court.
(4) Termination of Post-Judgment Appearances.
(A) In non-criminal matters in which an attorney
has appeared after entry of judgment, filing of a notice of
termination of appearance.
(B) In matters governed by the rules of criminal or
juvenile procedure in which an attorney has appeared after entry of
a judgment, entry of a written order of the court after hearing upon
a motion setting forth the reasons for withdrawal.
(5) Termination of Limited Appearance. Filing a notice of
termination of limited appearance in an action or proceeding in
which an attorney has filed a notice of limited appearance pursuant
to subdivision (e)(5).
(6) Termination of Hearing. Conclusion of a hearing or
proceeding in which an attorney has appeared as stand-in counsel
pursuant to subdivision (g).
(g) Stand-In Counsel. An attorney may stand in for another
attorney to cover a proceeding or hearing only if a notice of stand-in
counsel is filed or the appearance of stand-in counsel is reflected on
a record maintained by the court or by the clerk of court. A stand-in
attorney from the same law firm, company, or governmental agency
as an attorney of record is not required to file a notice of stand-in
counsel.
(h) Attorney as Agent of Client. An attorney appearing in
an action or proceeding under subdivisions (e)(1)–(e)(6) is the agent
authorized to bind the client for purposes of the action, hearing, or
proceeding.
(i) Attorney of Record. An attorney appearing in an action
or proceeding under subdivisions (e)(1)–(e)(5) is an attorney of
record for the party for the matters specified.
(j) Law Student and Certified Legal Intern Participation.
Eligible law students are permitted to participate as provided under
the conditions of Chapter 11 of the Rules Regulating The Florida
Bar.
Court Commentary
1997 Amendment. Originally, the rule provided that the
follow-up filing had to occur within ten days. In the 1997
amendment to the rule, that requirement was modified to provide
that the follow-up filing must occur “immediately” after a document
is electronically filed. The “immediately thereafter” language is
consistent with language used in the rules of procedure where, in a
somewhat analogous situation, the filing of a document may occur
after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All
original papers shall be filed with the court either before service or
immediately thereafter.”) (emphasis added). “Immediately thereafter”
has been interpreted to mean “filed with reasonable promptness.”
Miami Transit Co. v. Ford, 155 So. 2d 360 (Fla. 1963).
The use of the words “other person” in this rule is not meant
to allow a nonlawyer to sign and file pleadings or other papers on
behalf of another. Such conduct would constitute the unauthorized
practice of law.
2003 Amendment. Rule Regulating the Florida Bar 4-1.12(c),
which addresses the imputed disqualification of a law firm, should
be looked to in conjunction with the rule 2.060(b) [renumbered as
2.505(b) in 2006] restriction on representation by a former judicial
staff attorney or law clerk.
(a) Scope and Purpose. All members of The Florida Bar in
good standing are permitted to practice law in Florida. Attorneys of
other states who are not members of The Florida Bar in good
standing cannot engage in the practice of law in Florida except to
the extent permitted by rule 2.510.
(b) Persons Employed by the Court. Except as provided in
this subdivision, a full-time employee of the court must not 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 must 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.
(c) Attorney Must Not Be Surety. Attorneys or other
officers of court must not enter themselves or be taken as bail or
surety in any proceeding in court.
(d) Stipulations. A private agreement or consent between
parties or their attorneys concerning the practice or procedure in an
action is unenforceable unless it is in writing and signed by the
party or the party’s attorney against whom enforcement is sought.
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. Agreements made at depositions that are incorporated
in the transcript need not be signed when signing of the deposition
is waived. This rule does not apply to settlements or other
substantive agreements.
(e) Appearance of Attorney. An attorney may appear for a
party in an action or proceeding in any of the following ways.
(1) First Pleading or Document. Signing the first
pleading or other document filed on behalf of a party.
(2) Notice of Appearance. Filing a notice of appearance
on behalf of a party.
(3) Order on Substitution of Counsel. Filing of a written
order by the court, that reflects written consent of the client. The
court may condition substitution of counsel upon payment of or
grant of security for the substituted attorney’s fees and expenses or
upon such other terms as may be just.
(4) Notice of Substitution of Counsel. Filing a notice of
substitution of counsel when the substituting attorney is from the
same law firm, company, or governmental agency as the replaced
attorney.
(5) Notice of Limited Appearance. Filing a notice of
limited appearance as permitted by another rule of court.
(6) Appearance as Stand-In Counsel. Appearing as
stand-in counsel pursuant to subdivision (g).
(f) Termination of Appearance of Attorney. An
appearance of an attorney for a party in an action or proceeding
terminates only in the following ways.
(1) Withdrawal of Attorney. A written order of the court
after hearing on a motion setting forth reasons for withdrawal and
the client’s last known address, telephone number, and e-mail
address. The client’s e-mail address in the order is the client’s
designation of a primary e-mail address unless the client designates
a different primary e-mail address or is excused under rule
2.516(b)(1).
(2) Substitution of Attorney. Substitution of counsel
pursuant to subdivision (e)(3) or (e)(4).
(3) Termination of Proceeding. Termination of an action
or proceeding and expiration of any applicable time for appeal when
no appeal is taken, without any further action of the court unless
otherwise required by another rule of court.
(4) Termination of Post-Judgment Appearances.
(A) In non-criminal matters in which an attorney
has appeared after entry of judgment, filing of a notice of
termination of appearance.
(B) In matters governed by the rules of criminal or
juvenile procedure in which an attorney has appeared after entry of
a judgment, entry of a written order of the court after hearing upon
a motion setting forth the reasons for withdrawal.
(5) Termination of Limited Appearance. Filing a notice of
termination of limited appearance in an action or proceeding in
which an attorney has filed a notice of limited appearance pursuant
to subdivision (e)(5).
(6) Termination of Hearing. Conclusion of a hearing or
proceeding in which an attorney has appeared as stand-in counsel
pursuant to subdivision (g).
(g) Stand-In Counsel. An attorney may stand in for another
attorney to cover a proceeding or hearing only if a notice of stand-in
counsel is filed or the appearance of stand-in counsel is reflected on
a record maintained by the court or by the clerk of court. A stand-in
attorney from the same law firm, company, or governmental agency
as an attorney of record is not required to file a notice of stand-in
counsel.
(h) Attorney as Agent of Client. An attorney appearing in
an action or proceeding under subdivisions (e)(1)–(e)(6) is the agent
authorized to bind the client for purposes of the action, hearing, or
proceeding.
(i) Attorney of Record. An attorney appearing in an action
or proceeding under subdivisions (e)(1)–(e)(5) is an attorney of
record for the party for the matters specified.
(j) Law Student and Certified Legal Intern Participation.
Eligible law students are permitted to participate as provided under
the conditions of Chapter 11 of the Rules Regulating The Florida
Bar.
Court Commentary
1997 Amendment. Originally, the rule provided that the
follow-up filing had to occur within ten days. In the 1997
amendment to the rule, that requirement was modified to provide
that the follow-up filing must occur “immediately” after a document
is electronically filed. The “immediately thereafter” language is
consistent with language used in the rules of procedure where, in a
somewhat analogous situation, the filing of a document may occur
after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All
original papers shall be filed with the court either before service or
immediately thereafter.”) (emphasis added). “Immediately thereafter”
has been interpreted to mean “filed with reasonable promptness.”
Miami Transit Co. v. Ford, 155 So. 2d 360 (Fla. 1963).
The use of the words “other person” in this rule is not meant
to allow a nonlawyer to sign and file pleadings or other papers on
behalf of another. Such conduct would constitute the unauthorized
practice of law.
2003 Amendment. Rule Regulating the Florida Bar 4-1.12(c),
which addresses the imputed disqualification of a law firm, should
be looked to in conjunction with the rule 2.060(b) [renumbered as
2.505(b) in 2006] restriction on representation by a former judicial
staff attorney or law clerk.