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FAQs For Attorney
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Attorney discipline - are there rules addressing attorney discipline?
Local Rule 2090-2 addresses attorney discipline in general. In addition, the conduct of all attorneys shall be governed by the court’s Guidelines for Court Decorum.
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Attorney electronic filing - are attorneys required to become registered users of CM/ECF and electronically file all documents?
See Local Rule 5005-4 - Electronic Filing, which sets forth the requirements for efiling in this court.
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Attorney qualifications - what are the requirements for an attorney to be able to appear before this court?
There is no “Bankruptcy Bar” to which attorneys must be admitted, however, as required under Local Rule 2090-1(A), certain attorneys must be a member of the Bar of the U.S. District Court for the Southern District of Florida and must earn at least 12 credit hours of Bankruptcy Law during each attorney's Florida Bar three-year CLE reporting period. For information about becoming a member of this Bar, visit the U.S. District Court Attorney Resources – Admission to Practice page. Additionally, Local Rule 2090-1(C) lists Appearances Permitted as Exceptions to Qualification Requirements. Refer to Attorney Admissions for more information.
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Attorney withdrawals & substitutions - what are the requirements?
See Local Rule 2091-1, Changes in Attorney of Record for Parties in Cases or Proceedings, for guidance concerning withdraw or substitutions from representation of a client.
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Changing law firms - do I need to change my user name and password?
No. Since CM/ECF efiling accounts are issued to individuals (not firms), registered users seeking to change a U.S. Mail address must file a notice of change of address in each case or proceeding in which the change is to be effected. In addition, an email notifying the clerk of U.S. Mail and/or email address changes must be sent to CMECF_Support@flsb.uscourts.gov. See Local Rule 2002-1(G).
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Copies - how do I submit copies of items designated for a record on appeal?
Unless ordered otherwise, the clerk’s office will electronically collate the appeal record from the documents identified in the appeal designation. Upon the expiration of applicable deadlines, the appeal record will be electronically transmitted to the clerk of the district court.
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File Document - how do I file a document not created on a computer within my office?
The court seeks to have as many documents as possible filed electronically, but recognizes that some documents may not be available in electronic format. Nevertheless, many of these documents can be easily scanned for electronic filing. Documents that cannot reasonably be scanned, such as certain exhibits, will be filed and served in the traditional manner.
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Pro Bono attorney representation - what local rules address this type of representation?
There are various rules as follows that provide guidance on pro bono representation:
- Local Rule 2090-1(B), CLE Credit for Pro Bono Legal Services, provides that certain pro bono service in this court may earn up to three CLE credit hours during any one three-year cycle toward this court’s legal education credit-hour requirement specified in Local Rule 2090-1(A)(3).
- Local Rule 5005-4(B)(6), Access to Electronic Filing, permits attorneys appearing pro bono on behalf of debtors to seek waiver of the requirement to become a registered CM/ECF efiler if the attorney does not intend to file non-pro bono bankruptcy petitions or other documents that might otherwise require the attorney to become a registered user.
- Local Rule 9071-2, Referral of Pro Se Parties to Pro Bono Representation, provides for representation if certain circumstances exist in an adversary proceeding.
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Pro hac vice - may an attorney make a pro hac vice appearance in this court? Do any fees apply?
Refer to Local Rule 2090-1(C)(2) and the Appear Pro Hac Vice page, for court requirements and U.S. District Court Administrative Order 2020-09 for fee authority.
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Registered user in another bankruptcy court - do I still need to complete the training requirement for Southern District of Florida Bankruptcy Court?
Yes. An Attorney who has been certified as registered user of CM/ECF with full filing privileges in another federal bankruptcy court may become an efiler in this district. See also Local Rule 2090-1(B). Please review the Local Form "Acknowledgment of Responsibility and Registration Form Full Attorney Privileges" [PDF] [Word]. Questions may be submitted via e-mail to: CMECF_Support@flsb.uscourts.gov.