Florida Regulations 28-106.107: Standards of Conduct for Qualified Representatives
Current as of: 2024 | Check for updates
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The following standards of conduct are mandatory for all qualified representatives.
(1) A representative shall exercise due diligence to insure that any motion or pleading is filed and argued in good faith.
(2) A representative shall advise the client to obey the law.
(3) A representative shall not:
(a) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(b) Engage in conduct that is prejudicial to the administration of justice;
(c) Handle a matter which the representative knows or should know that he or she is not competent to handle;
(d) Handle a legal or factual matter without adequate preparation;
(e) Communicate, or cause another to communicate, as to the merits of the proceeding with the presiding officer except on the record or in writing with a copy promptly delivered to the opposing party; or
(f) Communicate with an adverse party regarding matters at issue in the administrative proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative.
(4) Failure to comply with these provisions shall authorize the presiding officer to disqualify the representative appearing in the administrative proceeding.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97.
Terms Used In Florida Regulations 28-106.107
- Fraud: Intentional deception resulting in injury to another.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(2) A representative shall advise the client to obey the law.
(3) A representative shall not:
(a) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(b) Engage in conduct that is prejudicial to the administration of justice;
(c) Handle a matter which the representative knows or should know that he or she is not competent to handle;
(d) Handle a legal or factual matter without adequate preparation;
(e) Communicate, or cause another to communicate, as to the merits of the proceeding with the presiding officer except on the record or in writing with a copy promptly delivered to the opposing party; or
(f) Communicate with an adverse party regarding matters at issue in the administrative proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative.
(4) Failure to comply with these provisions shall authorize the presiding officer to disqualify the representative appearing in the administrative proceeding.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97.