Thursday, February 09, 2006

Florida Family Law Rules of Procedure Amended

The Florida Supreme Court, in In Re Amendments To Florida Family Law Rules Of Procedure Form 12.900(a), SC05-2154 [Fla. 2006], adopted Florida Family Law Rules of Procedure Form 12.900(a) effective immediately.

This form must be used when anyone who is not a lawyer in good standing with The Florida Bar helps a party complete any Florida Family Law Form. The nonlawyer must complete this form and both the party and the nonlawyer are required to sign it before the nonlawyer assists the party in completing any Family Law Form.

This is important information for Family Law Mediators who are not lawyers. It would be helpful to read the opinion and the form itself in conjunction with MEAC Opinions 2000-009 and 2001-003. In summary, these opinions advise that “assisting pro se litigants with filling out forms approved by the Supreme Court of Florida after a mediated settlement agreement is not a per se violation of the mediation rules; however, caution should be exercised to ensure compliance with mediation rules and other professions’ standards of conduct.”

To email me, click Perry S. Itkin.