The rules for practicing law in Florida have seen significant changes in the recent past, primarily driven by unilateral decisions of the Florida Supreme Court. As per the findings revealed by Bloomberg Law analysis, the justices in Florida have made rule changes independently, often sidelining input from the state’s legal experts until post-decision. The frequency of such independent rule changes has escalated since 2019, with at least 33 instances noted.
This approach surpasses the previous records, where 15 independent changes were ushered in during the four years prior to 2019, often without soliciting public feedback in advance. This pattern underscores a stark transformation in the traditional rulemaking processes, particularly emphasizing limited external involvement until rulings are finalized.
Over the last four years, the court has shown initiative in modifying rules on seemingly ordinary issues, contrary to widespread expectations. While this methodology expedites the process of change, it is unaccompanied by the significant advantage of expert insights, a concern raised by critics.
This fresh approach to rulemaking underscores an intriguing shift in the court’s manners, particularly with its increasingly independent operation. Further developments in this space continue to be monitored closely by legal practitioners and experts on the ground across Florida.