Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Bar Board of Governors (BOG) decision to recommend a voluntary registration program for online legal service providers.
The BOG voted unanimously at its meeting on September 20, 2019 to approve “Chapter 23, Registered Online Services”. The program was first considered by the BOG Committee on Technologies Affecting the Practice of Law and, if implemented, would allow online legal service providers to market themselves as “Registered with The Florida Bar” if they agree to follow certain requirements, including submitting to the jurisdiction of Florida for the resolution of consumer complaints.
According to Florida Bar President, John Stewart, the proposed program would apply to entities that are “already operating in a largely unregulated environment”. The program would also require online providers to provide The Florida Bar with copies of all consumer complaints, indicate how they were resolved, and provide a certification that the provider understands that the “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 have either been approved by the Florida Supreme Court or reviewed and approved by lawyer and a member of The Florida Bar. The registered online legal service providers would also be required to advise consumers of the type of form that they are providing.
The BOG was scheduled to take final action on the proposal at the July 2019 meeting in Key Largo; however, this was postponed due to a lack of time. The proposed program was also publicly noticed multiple times and received no comments. The proposed program will now be sent to the Supreme Court for consideration and potential implementation.
Bottom line: This proposed program to related “online legal service providers” is voluntary (and would presumably create a safe harbor if the requirements were followed); however, it may also be a step toward the actual regulation of such entities. In addition, if the program is approved by the Florida Supreme Court, the online entities could market themselves as “Registered with The Florida Bar” if they follow the program requirements, including submitting to the jurisdiction of Florida for the resolution of consumer complaints This may provide an incentive for such entities to participate in the program.
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
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.