Rule 10-2.1 — Generally

Whenever used in these rules the following words or terms have the following meaning unless the use of the word or term clearly indicates a different meaning: (a) Bar Counsel. “Bar counsel” is a member of The Florida Bar representing The Florida Bar in any proceeding under these rules and includes UPL counsel and UPL staff counsel. (b) The Board or Board of Governors. The “board” or “board of governors” is the Board of Governors of The Florida Bar. (c) Circuit Committee. A “circuit committee” is a local unlicensed practice of law circuit committee. (d) This Court or the Court. “This court” or “the court” means the Supreme Court of Florida. (e) Designated Reviewer. The “designated reviewer” is a member of the board of governors responsible for review and other specific duties as assigned by the board of governors with respect to a particular circuit committee or matter. If a designated reviewer recuses or is unavailable, any other board member may serve as designated reviewer in that matter. The designated reviewer will be selected by the board members from the circuit of that circuit committee. If circuits have an unequal number of circuit committees and board members, review responsibility will be reassigned to equalize workloads. On reassignments, responsibility for all pending cases from a particular committee passes to the new designated reviewer. UPL counsel will be given written notice of changes in the designated reviewing members for a particular committee. (f) Executive Committee. The “executive committee” is the executive committee of the board of governors. All acts and discretion required by the board under these rules may be exercised by its executive committee between meetings of the board as may be authorized by standing policies of the board of governors. (g) Nonlawyer or Nonattorney. For purposes of this chapter, a “nonlawyer” or “nonattorney” is an individual who is not a member of The Florida Bar. This includes, but is not limited to, lawyers admitted in other jurisdictions, law students, law graduates, applicants to The Florida Bar, disbarred lawyers, and lawyers who have resigned or been revoked from The Florida Bar. A suspended lawyer, while a member of The Florida Bar during the period of suspension as provided elsewhere in these rules, does not have the privilege of practicing law in Florida during the period of suspension. For purposes of this chapter, it constitutes the unlicensed practice of law for a lawyer admitted in a jurisdiction other than Florida to advertise to provide legal services in Florida that the lawyer is not authorized to provide. (h) Paralegal or Legal Assistant. A “paralegal” or “legal assistant” is a person qualified by education, training, or work experience, who works under the supervision of a member of The Florida Bar, an out-of-state lawyer engaged in the authorized practice of law in Florida or a foreign lawyer engaged in the authorized practice of law in Florida and who performs specifically delegated substantive legal work for which the supervising lawyer is responsible. A nonlawyer or a group of nonlawyers may not offer legal services directly to the public by employing a lawyer to provide the lawyer supervision required under this rule. It constitutes the unlicensed practice of law for a person who does not meet the definition of paralegal or legal assistant to use the title paralegal, legal assistant, or other similar term in offering to provide or in providing services directly to the public. (i) Respondent. A “respondent” is a nonlawyer who is accused of engaging in the unlicensed practice of law or whose conduct is under investigation. (j) Referee. A “referee” is the judge or retired judge appointed to conduct proceedings as provided under these rules. (k) Standing Committee. The “standing committee” is the committee constituted according to the directives contained in these rules. (l) Unlicensed Practice of Law. The “unlicensed practice of law” means the practice of law, as prohibited by statute, court rule, and case law of the state of Florida. (m) UPL. “UPL” is the unlicensed practice of law. (n) UPL Counsel. “UPL counsel” is the director of the unlicensed practice of law department and an employee of The Florida Bar employed to perform such duties, as may be assigned, under the direction of the executive director. RULE 10-2.2. FORM COMPLETION BY A NONLAWYER (a) Supreme Court Approved Forms. It is not the unlicensed practice of law for a nonlawyer to engage in limited oral communication to assist a self-represented person in the completion of blanks on a Supreme Court Approved Form. In assisting in the completion of the form, oral communication by nonlawyers is restricted to those communications reasonably necessary to elicit factual information to complete the blanks on the form and inform the self-represented person how to file the form. The nonlawyer may not give legal advice or give advice on remedies or courses of action. Legal forms approved by the Supreme Court of Florida which may be completed as set forth in this rule are limited to the following forms, and any other legal form whether promulgated or approved by the Supreme Court of Florida, is not a Supreme Court Approved Form for the purposes of this rule: (1) forms that have been approved by the Supreme Court of Florida specifically under the authority of rule 10-2.1(a) (formerly rule 10-1.1(b)) of the Rules Regulating The Florida Bar; (2) the Family Law Forms contained in the Florida Family Law Rules of Procedure; and (3) the Florida Supreme Court Approved Family Law Forms contained in the Florida Family Law Rules of Procedure. (b) Forms That Have Not Been Approved by the Supreme Court of Florida. (1) It is not the unlicensed practice of law for a nonlawyer to engage in a secretarial service, typing forms for self- represented persons by copying information given in writing by the self-represented person into the blanks on the form. The nonlawyer must transcribe the information exactly as provided in writing by the self-represented person without addition, deletion, correction, or editorial comment. The nonlawyer may not engage in oral communication with the self-represented person to discuss the form or assist the self-represented person in completing the form. (2) It is the unlicensed practice of law for a nonlawyer to give legal advice, give advice on remedies or courses of action, or draft a legal document for a particular self-represented person. It is also the unlicensed practice of law for a nonlawyer to offer to provide legal services directly to the public. (c) As to All Legal Forms. (1) Except for forms filed by the petitioner in an action for an injunction for protection against domestic or repeat violence, the following language must appear on any form completed by a nonlawyer and any individuals assisting in the completion of the form must provide their names, business names, addresses, and telephone numbers on the form: This form was completed with the assistance of: …..(Name of Individual)….. …..(Name of Business)….. …..(Address)….. …..(Telephone Number)….. (2) Before a nonlawyer assists a person in the completion of a form, the nonlawyer must provide the person with a copy of a disclosure which contains the following provisions: …..(Name)….. told me that he/she is a nonlawyer and may not give legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court. Rule 10-2.1(h) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar, an out-of-state lawyer engaged in the authorized practice of law in Florida, or a foreign lawyer engaged in the authorized practice of law in Florida and who performs specifically delegated substantive legal work for which the supervising lawyer is responsible. Only persons who meet the definition may call themselves paralegals. …..(Name)….. informed me that he/she is not a paralegal as defined by the rule and cannot call himself/herself a paralegal. …..(Name)….. told me that he/she may only type the factual information provided by me in writing into the blanks on the form. Except for typing, …..(Name)….. may not tell me what to put in the form and may not complete the form for me. However, if using a form approved by the Supreme Court of Florida, …..(Name)….. may ask me factual questions to fill in the blanks on the form and may also tell me how to file the form. ………. I can read English ………. I cannot read English but this notice was read to me by …..(Name)….. in …..(Language)….. which I understand. (3) A copy of the disclosure, signed by both the nonlawyer and the assisted person, must be given to the assisted person to retain and the nonlawyer must keep a copy in the assisted person’s file. The nonlawyer must also retain copies for at least 6 years of all forms given to the assisted person. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability.