Inventory Attorney Designation

Attorney Rolando J Santiago provides Florida Bar Inventory Attorney services for solo practitioners and attorneys whom otherwise do not have a partner, personal representative or other responsible party capable of conducting his/her affairs in the instance of a qualifying event such as the attorney disappears, is disbarred or suspended, becomes delinquent, or suffers involuntary leave of absence due to military service.  

Service Fees:

There is an initial one (1) time processing fee of $29.95 and thereafter an annual service fee of $14.95 for serving as the inventory attorney of record.   The initial processing fee includes the first year service fee.

Payment methods accepted:  VISA, Mastercard, check or cash.

To engage Inventory Attorney services:

Complete the attached document and mail to our office along with payment in the agreed form or contact our office at the number above if you have any questions.

Frequently Asked Questions

Source: www.flabar.org

 What is the history of this requirement?

The Supreme Court of Florida has agreed with a Florida Bar proposal to require certain members of the bar to designate another member to serve as an inventory attorney in the event there is a need. The rule amendment is effective January 1, 2006. The purpose of the amendment is to provide for a means to protect the interests of clients if their originally retained counsel cannot or will not do so.

Inventory attorneys take possession of the files of a member who dies, disappears, is disbarred or suspended, becomes delinquent, or suffers involuntary leave of absence due to military service and no other responsible party capable of conducting the member's affairs is known. The inventory attorney has the responsibility of identifying clients in need of services and getting notice to the clients of such needs. The inventory attorney may give the file to a client for finding substitute counsel; may make referrals to substitute counsel with the agreement of the client; or may accept representation of the client, but is not required to do so.

Designated inventory attorneys will be contacted when the need arises and will be asked to serve. Because circumstances change, the designated inventory attorney is not obligated to serve.

Who must designate an inventory attorney? 

Only those members who practice in Florida (regardless of where they live) must make a designation. Members who are eligible to practice in Florida, but who do not do so are not required to designate an inventory attorney.

Lawyers who practice in Florida (regardless of whether they reside in the state) even if they have only one client (such as in-house counsel or if they represent governmental entities) are required to designate an inventory attorney.

Who is not required to designate an inventory attorney?

A Florida Bar member who lives in another state and does not practice at all in Florida is not required to designate an inventory attorney, even if the non-resident member is eligible to practice law in Florida.

Florida judges and other members who are precluded from practicing law by statute or rule are not required to designate.

Florida resident members engaged in other occupations, even if eligible to practice law in Florida, are not required to designate.

While members of The Florida Bar who are working as in-house counsel must designate an inventory attorney, individuals certified as Authorized House Counsel do not have to designate an inventory attorney.

Members of The Florida Bar who have chosen inactive status do not have to designate an inventory attorney. 

Who may be designated as an inventory attorney?

Only other members of The Florida Bar may be designated as an inventory attorney.
Designated inventory attorneys must be eligible to practice law in Florida. They are not required to be practicing, only that they be eligible to do so.
Resident and non-resident members of the bar may be designated as inventory attorneys.

How are inventory attorneys appointed? 

When the need for an inventory attorney arises bar counsel will verify that the designated inventory attorney is eligible to practice law in Florida and shall contact the designated inventory attorney. If the designee agrees to serve bar counsel will file a petition with the local circuit court for appointment of the inventory attorney and secure an order of appointment.

How often must I make a designation? 

Once a designation is made another designation is not required unless the originally designated inventory attorney is no longer willing to serve. In such event designation of another inventory attorney may be made.

RULE 1-3.8 RIGHT TO INVENTORY

(e) Designation of Inventory Attorney. Each member of the bar who practices law in Florida shall designate another member of The Florida Bar who has agreed to serve as inventory attorney under this rule. When the services of an inventory attorney become necessary, an authorized representative of The Florida Bar shall contact the designated member and determine the member's current willingness to serve. The designated member shall not be under any obligation to serve as inventory attorney.

Is the requirement to designate an inventory attorney applicable to government lawyers?

Yes. The rule applies to all members of The Florida Bar who have clients. This rule is designed to try and help clients in times when their lawyer is unexpectedly unavailable.

I am a government lawyer. Who should I designate?

This rule also applies to the lawyer staff of the Bar’s Lawyer Regulation Department. The way in which those agency lawyers have complied with the rule is by designating their supervisors. Their supervisors have designated the next level supervisors, and so on. Other government/agency lawyers could do likewise.

I am a member of The Florida Bar practicing in Florida, but am employed by a federal agency and the only person authorized by federal rule or law to see my files is a lawyer who is not a member of The Florida Bar. What do I do?

Do not designate an inventory attorney. You should follow the applicable federal rule or law. However, you should contact the Bar and relay your circumstances so that we may acknowledge this advice.

I am a member of The Florida Bar practicing in Florida. I have tried to obtain someone willing to serve as my designated inventory attorney, but I am not able to do so. What do I do?

 You cannot compel someone to do something that they are not required to do. If, after reasonable efforts, you are unable to obtain a volunteer, contact the Bar and relate those facts. You will receive a response acknowledging your efforts, requesting you to make periodic new attempts to designate, and advising you that no enforcement action will be undertaken, based on your representations.

If I need to contact the Bar, how do I do that?

 You may contact the Bar by e-mail at invatty@flabar.org; by calling the Lawyer Regulation Dept. at 800-342-8060, ext. 5839; or by writing to Department of Lawyer Regulation, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300.

[As updated by the Florida Bar staff: 02-03-2006 ]