Fla. Fam. L. R. P. 12.040

RULE 12.040

ATTORNEYS

(a) Limited Appearance. An attorney of record for a party,

in a family law matter governed by these rules, shall be the attorney

of record throughout the same family law matter, unless at the time

of appearance the attorney files a notice, signed by the party,

specifically limiting the attorney’s appearance only to the particular

proceeding or matter in which the attorney appears.

(b) Withdrawal or Limiting Appearance.

(1) Prior to the completion of a family law matter or

prior to the completion of a limited appearance, an attorney of

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record, with approval of the court, may withdraw or partially

withdraw, thereby limiting the scope of the attorney’s original

appearance to a particular proceeding or matter. A motion setting

forth the reasons must be filed with the court and served upon the

client and interested persons.

(2) The attorney shall remain attorney of record until

such time as the court enters an order, except as set forth in

subdivision (c) below.

(c) Scope of Representation.

(1) If an attorney appears of record for a particular

limited proceeding or matter, as provided by this rule, that attorney

shall be deemed “of record” for only that particular proceeding or

matter. Any notice of limited appearance filed shall include the

name, address, e-mail address(es), and telephone number of the

attorney and the name, address, and telephone number of the

party. If the party designates e-mail address(es) for service on and

by that party, the party’s e-mail address(es) shall also be included.

At the conclusion of such proceeding or matter, the attorney’s role

terminates without the necessity of leave of court, upon the

attorney filing a notice of completion of limited appearance. The

notice, which shall be titled “Termination of Limited Appearance,”

shall include the names and last known addresses of the person(s)

represented by the withdrawing attorney.

(2) An attorney for the State’s Title IV-D child support

enforcement agency who appears in a family law matter governed

by these rules shall file a notice informing the recipient of Title IV-D

services and other parties to the case that the IV-D attorney

represents only the Title IV-D agency and not the recipient of IV-D

services. The notice must state that the IV-D attorney may only

address issues concerning determination of paternity, and

establishment, modification, and enforcement of support

obligations. The notice may be incorporated into a pleading, motion,

or other document filed with the court when the attorney first

appears.

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(d) Preparation of Pleadings or Other Documents. A party

who files a pleading or other document of record pro se with the

assistance of an attorney shall certify that the party has received

assistance from an attorney in the preparation of the pleading or

other document. The name, address, and telephone number of the

party shall appear on all pleadings or other documents filed with

the court. If the party designates e-mail address(es) for service on

and by that party, the party’s e-mail address(es) shall also be

included.

(e) Notice of Limited Appearance. Any pleading or other

document filed by a limited appearance attorney shall state in bold

type on the signature page of that pleading or other document:

“Attorney for [Petitioner] [Respondent] [attorney’s address, e-mail

address(es), and telephone number] for the limited purpose of

[matter or proceeding]” to be followed by the name of the petitioner

or respondent represented and the current address and telephone

number of that party. If the party designates e-mail address(es) for

service on and by that party, the party’s e-mail address(es) shall

also be included.

(f) Service. During the attorney’s limited appearance, all

pleadings or other documents and all notices of hearing shall be

served upon both the attorney and the party. If the attorney

receives notice of a hearing that is not within the scope of the

limited representation, the attorney shall notify the court and the

opposing party that the attorney will not attend the court

proceeding or hearing because it is outside the scope of the

representation.

2012 Amendment. Subdivisions (c), (d), and (e) are amended

to provide e-mail addresses in accordance with Florida Rule of

Judicial Administration 2.516.