Florida Bar files Petition with Florida Supreme Court for approval of “Registered Online Service Provider Program”

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Petition filed by The Florida Bar with the Supreme Court of Florida for approval of an “Registered Online Service Provider Program”.  The case is In Re: Amendments to Rules Regulating The Florida Bar-Chapter 23 Online Service Provider Program and the Supreme Court case docket is here:  http://onlinedocketssc.flcourts.org/DocketResults/CaseByYear?CaseNumber=2077&CaseYear=2019

On December 12, 2019, The Florida Bar filed a petition with the Florida Supreme Court requesting the court to approve the creation a voluntary registration program designed to address individuals are increasingly using the internet for their legal needs.  The petition proposes the creation of new Chapter 23 of the Rules Regulating The Florida Bar, which would be called the “Registered Online Service Provider Program”.  The program permits the voluntary registration of qualified online legal service providers and, according to the Bar, it ii an effort to assure greater access to legal services to better protect the public.

The proposed program was approved by the Florida Bar’s Board of Governors in September 2019 and would permit online legal service providers to market themselves as “Registered with The Florida Bar” if they agree to comply with various regulations, including submitting to the jurisdiction of Florida for the resolution of consumer complaints.

The proposed program would apply to entities which are already operating in a largely unregulated area and would specifically require the registered online providers to provide the Bar with copies of all consumer complaints and state how they were resolved, and agree that “registration and revocation of the registration. . . is solely at the discretion of The Florida Bar.”

The proposed program would also require that registered online providers use only forms that are approved by the Florida Supreme Court, or have been reviewed and approved by Florida Bar attorney. The providers would also be required to notify consumers which form they are providing.  The deadline for comments is January 13, 2020 and any comments must be filed directly with the clerk of the Florida Supreme Court, and a copy served on the executive director of The Florida Bar.

Bottom line:  This is an early attempt by The Florida Bar to regulate “online service providers” and with the incentive that those which voluntarily comply can state that they are “Registered with The Florida Bar”.  We will see if the Supreme Court approves the program and, if so, whether the service providers choose to voluntarily register and comply.

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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

Please note:  My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683.  All other contact information remains the same.

Joseph Corsmeier

about.me/corsmeierethicsblogs

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.
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Florida Bar files Petition with Florida Supreme Court for approval of “Registered Online Service Provider Program”

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Petition filed by The Florida Bar with the Supreme Court of Florida for approval of an “Registered Online Service Provider Program”.  The case is In Re: Amendments to Rules Regulating The Florida Bar-Chapter 23 Online Service Provider Program and the Supreme Court case docket is here:  http://onlinedocketssc.flcourts.org/DocketResults/CaseByYear?CaseNumber=2077&CaseYear=2019

On December 12, 2019, The Florida Bar filed a petition with the Florida Supreme Court requesting the court to approve the creation a voluntary registration program designed to address individuals are increasingly using the internet for their legal needs.  The petition proposes the creation of new Chapter 23 of the Rules Regulating The Florida Bar, which would be called the “Registered Online Service Provider Program”.  The program permits the voluntary registration of qualified online legal service providers and, according to the Bar, it ii an effort to assure greater access to legal services to better protect the public.

The proposed program was approved by the Florida Bar’s Board of Governors in September 2019 and would permit online legal service providers to market themselves as “Registered with The Florida Bar” if they agree to comply with various regulations, including submitting to the jurisdiction of Florida for the resolution of consumer complaints.

The proposed program would apply to entities which are already operating in a largely unregulated area and would specifically require the registered online providers to provide the Bar with copies of all consumer complaints and state how they were resolved, and agree that “registration and revocation of the registration. . . is solely at the discretion of The Florida Bar.”

The proposed program would also require that registered online providers use only forms that are approved by the Florida Supreme Court, or have been reviewed and approved by Florida Bar attorney. The providers would also be required to notify consumers which form they are providing.  The deadline for comments is January 13, 2020 and any comments must be filed directly with the clerk of the Florida Supreme Court, and a copy served on the executive director of The Florida Bar.

Bottom line:  This is an early attempt by The Florida Bar to regulate “online service providers” and with the incentive that those which voluntarily comply can state that they are “Registered with The Florida Bar”.  We will see if the Supreme Court approves the program and, if so, whether the service providers choose to voluntarily register and comply.

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.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Please note:  My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683.  All other contact information remains the same.

Joseph Corsmeierabout.me/corsmeierethicsblogs

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 Chapter 23, Registered Online Services, Florida Bar, Florida Bar non-lawyer Registered Online Service Provider Program, Florida Bar Rules, Florida Supreme Court, Florida voluntary online legal provider program, joe corsmeier, Uncategorized and tagged , , , , . Bookmark the permalink.

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