§ Rule 6-12.4 Deferment and Exemption
Rule 6-12.4. Deferment and Exemption
(a) Deferment of Practicing with Professionalism Requirement.
(1) Deferment Eligibility. A member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(1), if:
(A) the member is on active military duty;
(B) compliance would create an undue hardship;
(C) the member is a nonresident member whose primary office is outside the state of Florida;
(D) the member elects inactive membership status in The Florida Bar; or
(E) the member is a full-time government employee who had benefitted from the deferment of the Practicing with Professionalism requirement as of its May 12, 2005, elimination, as long as the member continuously remains in government practice.
(2) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(1) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must:
(A) promptly notify The Florida Bar in writing of the date deferment expired; and
(B) attend the Practicing with Professionalism program within 12 months of deferment expiration.
(b) Deferment of Basic Level YLD Courses.
(1) Deferment Eligibility. A member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(2) if:
(A) the member is on active military duty;
(B) compliance would create an undue hardship;
(C) the member is a nonresident member whose primary office is outside the state of Florida;
(D) the member is a full-time governmental employee; or
(E) the member elects inactive membership status in The Florida Bar.
(2) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(2) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must:
(A) promptly notify The Florida Bar in writing of the date deferment expired; and
(B) complete 3 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration.
(c) Exemption.
(1) Governmental Practice. An exemption from rule 6-12.3(a)(1) shall be granted if a member who had benefitted from the deferment of the Practicing with Professionalism requirement as of its May 12, 2005, elimination has already or thereafter been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least 6 years. An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least 6 years.
(2) Foreign Practice. An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law (non-governmental) in a foreign jurisdiction for a period of 5 years, can demonstrate completion of 30 hours of approved continuing legal education within the immediate 3-year period, and can attest that the continuing legal education completed has reasonably prepared the member for the anticipated type of practice in Florida.