RULE 2.505.   ATTORNEYS

(a)    Scope and Purpose. All persons in good standing as members of The Florida Bar shall be permitted to practice in Florida. Attorneys of other states who are not members of The Florida Bar in good standing shall not engage in the practice of law in Florida except to the extent permitted by rule 2.510.

(b)    Persons Employed by the Court. Except as provided in this subdivision, no full-time employee of the court shall practice as an attorney in any court or before any agency of government while continuing in that position. Any attorney designated by the chief justice or chief judge may represent the court, any court employee in the employee’s official capacity, or any judge in the judge’s official capacity, in any proceeding in which the court, employee, or judge is an interested party. An attorney formerly employed by a court shall not represent anyone in connection with a matter in which the attorney participated personally and substantially while employed by the court, unless all parties to the proceeding consent after disclosure.

(c)    Attorney Not to Be Surety. No attorneys or other officers of court shall enter themselves or be taken as bail or surety in any proceeding in court.

(d)    Stipulations. No private agreement or consent between parties or their attorneys concerning the practice or procedure in an action shall be of any force unless the evidence of it is in writing, subscribed by the party or the party’s attorney against whom it is alleged. Parol agreements may be made before the court if promptly made a part of the record or incorporated in the stenographic notes of the proceedings, and agreements made at depositions that are incorporated in the transcript need not be signed when signing of the deposition is waived. This rule shall not apply to settlements or other substantive agreements.

(e)    Appearance of Attorney. An attorney may appear for a party in an action or proceeding in any of the following ways:

(1)    First Pleading or Document. Signing the first pleading or other document filed on behalf of a party.

(2)    Notice of Appearance. Filing a notice of appearance on behalf of a party.

(3)    Order on Substitution of Counsel. Filing of a written order by the court, that reflects written consent of the client. The court may condition substitution of counsel upon payment of or grant of security for the substituted attorney’s fees and expenses or upon such other terms as may be just.

(4)    Notice of Substitution of Counsel. Filing a notice of substitution of counsel when the substituting attorney is from the same law firm, company, or governmental agency as the replaced attorney.

(5)    Notice of Limited Appearance. Filing a notice of limited appearance as permitted by another rule of court.

(6)    Appearance as Stand-In Counsel. Appearing as stand-in counsel pursuant to subdivision (g).

(f)     Termination of Appearance of Attorney. An appearance of an attorney for a party in an action or proceeding shall terminate only upon:

(1)    Withdrawal of Attorney. A written order of the court after hearing upon a motion setting forth reasons for withdrawal and the client’s last known address, telephone number, and e-mail address.

(2)    Substitution of Attorney. Substitution of counsel pursuant to subdivision (e)(3) or (e)(4).

(3)    Termination of Proceeding. Termination of an action or  proceeding and expiration of any applicable time for appeal when no appeal is taken, without any further action of the court unless otherwise required by another rule of court.

(4)    Termination of Post-Judgment Appearances.

(A)    In non-criminal matters in which an attorney has appeared after entry of judgment, filing of a notice of termination of appearance.

(B)    In matters governed by the rules of criminal or juvenile procedure in which an attorney has appeared after entry of a judgment, entry of a written order of the court after hearing upon a motion setting forth the reasons for withdrawal.

(5)    Termination of Limited Appearance. Filing a notice of termination of limited appearance in an action or proceeding in which an attorney has filed a notice of limited appearance pursuant to subdivision (e)(5).

(6)    Termination of Hearing. Conclusion of a hearing or proceeding in which an attorney has appeared as stand-in counsel pursuant to subdivision (g).

(g)    Stand-In Counsel. An attorney may stand in for another attorney to cover a proceeding or hearing only if a notice of stand-in counsel is filed or the appearance of stand-in counsel is reflected on a record maintained by the court or by the clerk of court. A stand-in attorney from the same law firm, company, or governmental agency as an attorney of record is not required to file a notice of stand-in counsel.

(h)    Attorney as Agent of Client. An attorney appearing in an action or proceeding pursuant to subdivisions (e)(1)–(e)(6) is the agent authorized to bind the client for purposes of the action, hearing, or proceeding.

(i)     Attorney of Record. An attorney appearing in an action or proceeding pursuant to subdivisions (e)(1)–(e)(5) is an attorney of record for the party for the matters specified.

(j)     Law Student and Certified Legal Intern Participation. Eligible law students shall be permitted to participate as provided under the conditions of chapter 11 of the Rules Regulating The Florida Bar as amended from time to time.


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