Florida Adapts Referral Rules to Include For-Profit Online Sources In the realm of Florida lawyers, where a somewhat lax approach to rules...

 

Florida Adapts Referral Rules to Include For-Profit Online Sources

In the realm of Florida lawyers, where a somewhat lax approach to rules aligns with the state's internet reputation, a surprising deviation occurred, reflecting the ingenuity of the Florida Bar. The state's supreme court took an uncharacteristic step by amending the regulations governing qualified lawyer referral services. The notable change involves the inclusion of for-profit, online services, and directories, even if not owned by lawyers. Before this amendment, there was a proposal to entirely prohibit attorneys in the state from accepting referrals originating from non-qualified sources and individuals not affiliated with the state bar. However, the Florida Bar introduced a more nuanced solution.

What's Going On Exactly?

Following a 2012 investigation, the state supreme court in Florida aimed to curb for-profit online legal referral and directory services by prohibiting lawyers from accepting cases through these platforms. A significant concern was that these services were typically operated by individuals not affiliated with Florida attorneys, falling outside the regulation of the state bar. This raised ethical concerns regarding the protection of the legal profession and the public, including issues like improper solicitation, undisclosed conflicts of interest, and the potential for unlicensed practice of law.

In response to the continued proliferation of such services, facilitated by rapid technological advancements, the new rules have been enacted. These regulations now permit these services to fall under the jurisdiction of the state bar by requiring each type of service to qualify as a provider. This qualification mandates the disclosure of information similar to what traditional qualified providers, such as non-profit groups and associations, have been required to submit. Additionally, the new rule stipulates that qualified providers must maintain malpractice coverage.