Florida Bar Board of Governors scheduled to review proposed revisions to Bar Rules related to referral services and lawyer “expert” advertising

Hello everyone and welcome to this Ethics Alert which will discuss the scheduled review by the Florida Bar Board of Governors (BOG) of proposed amendments to the Florida Bar Rules related to private lawyer referral services/qualifying providers and lawyer advertising as expert/specialist when the lawyer is not certified at its July 27, 2018 meeting.  According to the Florida Bar:

“The Board Review Committee on Professional Ethics has on their agenda a question regarding how lawyers can be paid by lawyer referral services — or qualifying providers — including considering several arrangements that are currently banned by Bar rules. Here is an overview and a Q&A on the changes that went into effect on April 30. Overview and Q&A

“The committee may report on the requests of three lawyer referral companies on whether they are qualifying providers under revised Bar Rule 4-7.22. 411-Pain and 1-800-Ask-Gary said they primarily want to refer callers who need medical assistance to their affiliated clinics and will send those who request legal assistance to participating lawyers at no cost. LegalRFQ wants to create an online system where potential clients could post their legal problems online and participating lawyers could submit bids for handling those issues.”

“In addition, the agenda includes a discussion on an amendment to Bar Rule 4-7.14, which allows attorneys and law firms that are not certified to advertise they are experts or specialists. Experts and Specialists  This amendment is being presented to the board on first reading. Almost three years ago, a federal judge struck down the Bar’s rule prohibiting non-certified lawyers from saying they or their firms are experts or specialists. The Bar’s first attempt to redraft the rule — which said lawyers and law firms that substantially met certification standards could say they were experts or specialists — was rejected by the Florida Supreme Court. The court said the amendment ‘could lead to differing and inconsistent applications.’ The board has a December 17 deadline to refile the amendment with the court.”

Bottom line: The BOG will be considering proposed revisions to the lawyer referral/qualifying provider rules, including fee arrangements that are currently prohibited by the rules, and also an amendment to the certification rule which would address the federal court opinion which found that this rule was unconstitutional as applied and issued an injunction prohibiting its enforcement, which the Bar did not appeal.

Be careful out there.         

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
This entry was posted in 2018 Florida lawyer referral rule revisions matching services, 2018 Florida lawyer referral rules qualifying providers, Florida Bar ethics opinion qualifying provider - lawyer fees, Florida Lawyer Referral Services, joe corsmeier, joseph corsmeier, lawyer advertising expert and specialist, Lawyer advertising specialization and expertise, lawyer referral fees, Lawyer Referral Services, Lawyer use of expert and specialist, Legal malpractice expert witness, Uncategorized and tagged , , , , , , , , , , , , . Bookmark the permalink.

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