Bi - Laws and Policys
Article I
NAME AND PURPOSE
Section 1. Name.
The name shall be "General Practice, Solo and Small Firm Section, The Florida Bar."(Section)
Section 2. Purposes. The purposes of this section are:
(a) To assist the board of governors when called upon, in the implementation and promotion of the policies and objectives of The Florida Bar.
(b) To enhance the skill of the general practice, solo and small firm as well as the lawyer who has interests beyond the boundaries of a single professional specialty, by providing a forum for the exchange of ideas and information essential to improvement of the lawyer's quality of legal service.
Article II
MEMBERSHIP
Section 1. Eligibility.
(a) Members of The
(b) Students of accredited Florida Law Schools - Affiliate Membership. Any full-time student in good standing of a fully accredited
(c)
A. a person who is qualified through education, training, or work experience and who assists an attorney in the delivery of legal services, in a capacity or function which involves the performance of specifically delegated work under the supervision and direction of an attorney who is a member in good standing of The Florida Bar, which work, for the most part, requires a sufficient knowledge of legal concepts that, absent such legal assistant, the attorney would perform the task, and
B. who has satisfied the following minimum requirements:
1. Successful completion of the certified legal assistant (CLA) examination of the National Association of Legal Assistants, Inc.; or
2. Graduation from an ABA-approved program of study for legal assistants; or
3. Graduation from a course of study for legal assistants which is institutionally accredited and which requires not less than the equivalent of 60 semester hours of classroom study; or
4. Graduation from a course of study for legal assistants, other than those set forth in subdivision (2) and (3) above, plus not less than 2 years of in-house training as a legal assistant, and whose attorney/employer attests that such person is so qualified; or
5. A bachelor's degree in any field, plus not less than 3 years of in-house training as a legal assistant, and whose attorney/employer attests that such person is so qualified; or
6. Seven years' continuous employment as a legal assistant, and whose attorney/employer attests that such person is so qualified.
(d) Renewal of Affiliate Membership by
(e) Restrictions on Affiliate Membership. Affiliate members may not vote or hold any section office, except that an affiliate member may serve in a special, advisory, nonvoting capacity which the executive council (council) may from time to time establish in its discretion. Otherwise, affiliate members shall enjoy all the benefits and privileges accorded full members of the section. The number of affiliates shall not exceed one-third of the section membership.
(f) Subject to the restrictions applicable to affiliate members, the word "member" wherever used in these bylaws shall include both full members and affiliate members.
Section 2. Administrative Year.
The administrative year of the section shall run concurrently with the administrative year of The Florida Bar.
Section 3. Annual Dues.
The annual dues shall be in an amount fixed by the council and approved by the Board of Governors of The Florida Bar. There shall be no proration of annual dues. Upon becoming a member, dues shall be payable in advance of each membership year. Any member whose dues are in arrears for a period of 3 months shall cease to be a member of the section.
Article III
OFFICERS
Section 1. Chair-elect and Council Members.
On or before May 1 of each year the chair shall appoint a nominating committee of not less than 3 members and not more than 5 who shall nominate 1 active member of the section for the office of chair-elect and 8 active members for 8 positions on the council. Any active member wishing to be considered by the nominating committee for the position of chair-elect or for a position on the council may (although that person need not do so) notify the secretary of the section by a letter endorsed by 10 other active members of the section no later than 10 days prior to the commencement of the annual meeting of The Florida Bar. The nominating committee shall present its report at the annual meeting of the section for the vote of the membership assembled. The candidates receiving a majority vote of those present shall be declared elected. In the event more than 1 person is nominated for the position of chair-elect or more than 8 persons are nominated for the council, voting shall be by written ballot (unless waived by a majority of members present). Nominations from the floor are to be allowed. Any person nominated for the position of chair-elect must have served on the council for a minimum of 12 months prior to the election.
Section 2.
The secretary and the treasurer of the section shall be elected by the council from the active membership of the section at the annual meeting of the section. The term of these offices shall be for 1 year unless sooner terminated pursuant to Article IV, Section 4. Any person nominated for the position of secretary or the position of Treasurer must have served on the council for a minimum of 12 months prior to the election.
Section 3. Duties of Officers.
(a) Chair. The chair shall preside at all meetings of the section and at all meetings of the council. The chair shall appoint the membership of all divisions and committees and division and committee chairs, prepare all reports to be submitted to The Florida Bar or to the Board of Governors of The Florida Bar, and perform such other duties as customarily pertain to the office of the chair. The chair shall be an ex-officio member of each division and committee of the section.
(b) Chair-elect. The chair-elect shall become the chair in the event of the death, resignation or failure of the chair to serve for whatever reason; provided, however, that in case of temporary disability or absence of the chair, the chair-elect shall serve as acting chair only for the duration of the chair's disability or absence. The chair-elect shall be responsible for such duties as the chair may designate. The chair-elect shall be an ex-officio member of each division and committee of the section and shall be in charge of the membership program of the section and chair of the committee on membership.
(c) Secretary. The secretary shall keep the permanent files and records of the section, including minutes of meetings of the section and of the council, and shall keep various committee reports, except such services as are performed by The Florida Bar.
(d) Treasurer. The treasurer shall have the responsibility of accounting for all funds of this section, shall approve all disbursements and shall prepare financial statements.
Section 4. Term of Office.
(a) Chair. The term of office of the chair shall begin at the conclusion of each annual meeting of The Florida Bar and shall end at the conclusion of the next annual meeting of The Florida Bar, at which time that individual shall be automatically succeeded by the chair-elect.
(b) Chair-elect. The term of office of the chair-elect shall run concurrently with that of the chair, beginning at the conclusion of the annual meeting of The Florida Bar during which that person was elected chair-elect and ending at the conclusion of the next annual meeting when that individual becomes chair.
(c) Secretary and Treasurer. The term of office of the secretary and the term of office of the treasurer shall begin at the conclusion of each annual meeting of The Florida Bar and shall end at the conclusion of the next annual meeting of The Florida Bar.
(d) Chair Emeritus. Any past chair who remains a member in good standing of the General Practice, Solo and Small Firm Section of The Florida Bar may apply and, upon approval of the executive council, shall become a chair emeritus member of the council. A chair emeritus member shall be a member of the long range planning committee and shall be eligible for such expenses and other reimbursements as the executive council shall from time to time designate. An emeritus member will not have voting privileges, but may attend the executive council meetings and is encouraged to participate in meeting discussions. An emeritus member's presence shall not be counted for establishing any quorum.
Section 5. Vacancies.
The chair shall fill all vacancies except vacancies in the offices of chair and chair-elect, which latter vacancies shall be filled in the manner provided by these bylaws. In the event that the offices of both chair and chair-elect become vacant, then the council shall fill the vacancy of chair from among its members for the unexpired term, and at the next annual meeting of the section a chair and a chair-elect shall be elected and they shall take office in the manner provided for in these bylaws.
Article IV
EXECUTIVE COUNCIL
Section 1. Governing Body.
The council shall be the governing body of the section between the annual meetings of the section. The chair of the section shall be the chair of the council, the secretary of the section shall be the secretary of the council and the treasurer of the section shall be the treasurer of the council. The council shall conduct its business at regular and special meetings as provided for in these bylaws; provided, however, the business of the council between regular meetings may be conducted by correspondence, telephone, facsimile or other electronic means to the extent authorized by the chair.
Section 2. Membership.
The membership of the council shall consist of the chair, chair-elect, immediate past chair, secretary, treasurer, and 16 members elected in the manner provided. Beginning with the annual meeting in 1987 there shall be elected 8 members for a term of 2 years, and likewise 8 members at each annual meeting thereafter. Beginning in 1993 there shall also be elected 1 nonvoting member who shall be a law student of an accredited
Section 3. Term of Office.
All members of the council shall serve a term of 2 years, the terms of the members of the council being staggered so that 8 members shall take office at each annual meeting, the term commencing with the conclusion of the annual meeting of the council following their election and ending at the conclusion of the annual meeting of the council 2 years later. Beginning in 1993 the nonvoting law student shall serve a 1-year term commencing with the conclusion of the annual meeting of the council following elections and ending at the conclusion of the next annual meeting of the council. Beginning in 1995 the nonvoting legal assistant shall serve a 1 year term commencing with the conclusion of the annual meeting of the council following elections and ending at the conclusion of the next annual meeting of the council.
Section 4. Vacancies.
If at any time during a term of office of a member of the council such office shall become permanently vacant by reason of death, resignation, ineligibility or other reason, or if a member of the council shall miss any 3 meetings in 1 year (irrespective of any excused absences), or if a member of the council shall miss 2 meetings during that member's term of office and the written excuse shall not have been approved by the chair, that office shall automatically become vacant and such office shall be filled for the balance of such term by appointment by the chair. The chair shall determine if a person's absence from a council meeting is excused. If the chair determines that a person's absence is unexcused, that decision may be appealed to the council and may be overruled by majority vote of the council.
Section 5. Executive Committee.
The members of the executive committee shall consist of the chair, chair-elect, secretary and treasurer. The council may elect 3 of its membership to also serve on the executive committee. The provisions of Section 4 of this article shall apply to its membership. The executive committee shall have the powers delegated to it by the council including managing the affairs of the section during the interim between meetings of the council. In so doing, the executive committee shall have the same powers as the council provided any action that it may take shall not conflict with the policies and expressed wishes of the council. A majority of the executive committee shall be sufficient to exercise its powers and it shall not be necessary that a formal meeting be held for action, action by correspondence, telephone, facsimile or other electronic means being permitted.
Article V
COMMITTEES The chair shall appoint such committees as are necessary in order to fulfill the goals and needs of the section. Any member of the section may be appointed to serve on a committee or as chair of a committee.
Article VI
MEETINGS Section 1. The Section.
The annual meeting of this section shall be held at each annual meeting of The Florida Bar. The members of the section present in person at any annual meeting of the section shall constitute a quorum and a majority vote of those present shall be binding.
Section 2. Council.
Each new council shall hold its organizational meeting during the annual meeting of The Florida Bar. The council shall hold 1 other regular meeting between each annual meeting; provided, however, the business of the council may be conducted between its meetings by correspondence, telephone, facsimile or other electronic means to the extent authorized by the chair. The date and location of such regular meeting shall be fixed by the chair of the section and written notice of such date and location shall be given by the chair to each member of the council at least 14 days prior to the meeting. Special meetings of the council shall be held at such times and such places as the chair may designate by written notice to each member of the council at least 14 days prior. At any meetings the written proxy of any member shall be recognized and may be voted by the holder designated. The majority of the council, whether in person or by written proxy, shall constitute a quorum. In determining the quorum of the council, the past chair, by virtue of such office, will not be counted.
Section 3. Committees.
The chair of each committee may call a meeting of the committee at such times and at such places and upon such notice as is deemed desirable.
Section 4. Annual Meeting Program.
The council shall be responsible for the section program for the annual meeting of The Florida Bar. Any such program shall provide adequate time for the annual meeting of the section and the chair and chair-elect shall prepare the agenda for such business meeting.
Article VII
AMENDMENTS
These bylaws may be amended at any annual meeting of the section by a majority vote of the members of the section present and voting, provided such proposed amendment shall first have been approved by a majority of the council and provided, further, that no amendment so adopted shall become effective until approved by the Board of Governors of The Florida Bar.
Article VIII
MISCELLANEOUS
Section 1. Action of The Florida Bar.
No action of this section shall be represented or construed as the action of The Florida Bar until the same has been approved by the Board of Governors of The Florida Bar. All recommendations of the section to The Florida Bar, Board of Governors of The Florida Bar, any branch of the judiciary or to any other group or body to which the recommendations may be directed must first be approved by the council and if made to other than the Board of Governors of The Florida Bar, it shall have the prior approval of the Board of Governors of The Florida Bar.
Section 2. Financial Obligations.
Before payment, all financial obligations must first be approved in the manner specified by the council.
Section 3. Compensation and Expenses.
No salary or other compensation shall be paid to any member of this section for performance of services to this section but the chair may authorize the payment of reasonable out-of-pocket expenses resulting from performances of such services.
Section 4.
No action of this section shall be contrary to the policies of The Florida Bar as established by its Board of Governors.