Category Archives: TIKD v. Florida Bar motion to disqualify ex-president

Ticket Clinic law firm and individual defendants file Motion for Sanctions for frivolous lawsuit against TIKD in federal lawsuit

Hello everyone and welcome to this Ethics Alert Update which will discuss the recent Rule 11 Motion For Sanctions for Filing Frivolous Lawsuit filed by the Ticket Clinic Law Firm (Gold and Associates) and the individual defendants.  The case is TIKD Services LLC, v. The Florida Bar, et al., Case No. 1:17-cv-24103-MGC (U.S. District Court, Southern District of Florida-Miami Division).  The Motion for Sanctions is available on the PACER federal document system here:  https://www.pacer.gov/login.html (subscription required).

As I previously blogged, TIKD Services, LLC filed the federal lawsuit against The Florida Bar, the Ticket Clinic law firm, and other individuals in the U.S. District Court, Southern District of Florida on November 8, 2017.  The TIKD app is set up to allow an individual who has received a traffic citation to upload a photo of the citation and pay a fixed fee.  TIKD then retains an attorney to represent that individual and, if that individual receives points against his or her license, TIKD refunds the payment and also pays the cost of the ticket.  The TIKD business model is apparently based on the fact that contested traffic tickets are often dismissed or a lower fine is assessed and, since TIKD deals in volume, it can charge a lower price than a lawyer who is separately retained by the individual.

The Florida Bar issued a staff opinion finding that lawyers who work with TIKD and similar programs could be in violation of various Florida Bar ethics rules, including fee splitting and interference with the lawyer’s independent professional judgment; however, TIKD states that its services fully comply with Florida Bar ethics rules and that lawyers who represent the individuals receive a flat fee and are independent practitioners “over whom TIKD does not exercise any direction or control.”  A complaint was filed by members of the law firm with The Florida Bar alleging that TIKD was engaging in the unauthorized practice of law (UPL).  That complaint is currently pending and the Bar has recommended further proceedings.

TIKD then filed a lawsuit in federal court alleging conspiracy, restraint of trade, tortious interference with business relationships, and antitrust violations.  The defendants include The Florida Bar, attorney Mark S. Good, who founded The Ticket Clinic law firm, and other individuals.  According to the Complaint, The Florida Bar advised TIKD that it was opening an unlicensed practice of law investigation into the company’s activities after the company was featured in a Miami Herald story.  A few months later, attorneys with The Ticket Clinic, a Miami law firm that handles traffic tickets, threatened to report two of TIKD’s lawyers to The Florida Bar if they continued to work with TIKD.

A state lawsuit was later filed and the parties reached a settlement in that matter; however, TIKD alleges in the Complaint that The Florida Bar and the Ticket Clinic law firm continued to make a “concerted effort” to put it out of business, and that the firm’s lawyers continued filing “baseless ethics complaints” against attorneys who represent TIKD customers.

The recent Motion for Sanctions alleges that the claims against the law firm and the individual defendants are baseless and fail to state a cause of action, that there is no subject matter jurisdiction, that The Florida Bar has immunity, which immunizes the individual defendants, that the individuals have immunity on other grounds, that the lawsuit is frivolous on other grounds, and that the lawsuit should be dismissed and the Plaintiffs should be sanctioned.

Bottom line:  As I have previously stated, this is one of the first cases filed in Florida (and possible in any jurisdiction) which directly alleges that a State Bar’s procedures violate the Sherman Antitrust Act in reliance upon the U.S. Supreme Court opinion in North Carolina State Board of Dental Examiners v. Federal Trade Commission.  A Motion for Sanctions under Federal Rules of Procedure 11 has now been filed seeking sanctions against TIKD and the dismissal of the Complaint against the law firm and individual defendants.

Stay tuned…

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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Filed under Florida Bar, Florida Bar TIKD antitrust lawsuit, joe corsmeier, Joseph Corsmeier, Lawyer antitrust, North Carolina Dental Board, North Carolina dental whitening case and UPL, TIKD UPL Bar request for Florida Supreme Court injunction, TIKD v Florida Bar Motion for Sanctions, TIKD v. Florida Bar antitrust federal lawsuit, TIKD v. Florida Bar motion to disqualify ex-president, Unauthorized practice of law, Unlicensed practice of law, Unlicensed practice of law antitrust lawsuit, UPL North Carolina federal judge opinion on regulation of UPL

Florida Bar’s Board of Governors votes to request the Florida Supreme Court to determine whether TIKD activities are UPL

Hello everyone and welcome to this Ethics Alert which will discuss the recent media reports that the Florida Bar’s Board of Governors has voted to request that the Florida Supreme Court determine whether TIKD’s app and activities constitute the unlicensed practice of law (UPL).  As I previously blogged, TIKD filed a federal lawsuit against The Florida Bar and The Ticket Clinic in November 2017 alleging, inter alia, a conspiracy to force it to cease its business activities and that The Florida Bar’s procedures violate the antitrust laws under the U.S. Supreme Court opinion in North Carolina State Board of Dental Examiners v. Federal Trade Commission.

The federal case is TIKD Services LLC, v. The Florida Bar, et al., Case No. 1:17-cv-24103-MGC (U.S. District Court Southern District of Florida-Miami Division) and I blogged about the TIKD federal lawsuit here: https://jcorsmeier.wordpress.com/2017/12/07/startup-app-tikd-sues-florida-bar-for-alleged-antitrust-violations-florida-bar-moves-to-disqualify-former-president-from-case/, and here: https://jcorsmeier.wordpress.com/2017/12/21/florida-bars-former-president-responds-and-opposes-bars-motion-to-disqualify-him-from-tikd-v-florida-bar-ticket-clinic-antitrust-suit/

According to media reports, at its December 2017 meeting, the Florida Bar’s Board of Governors accepted a recommendation from a Bar committee which concluded that TIKD is violating Florida law by practicing law without a license or providing false or misleading information to its customer to send the matter to the Florida Supreme Court for review and a potential injunction.

The BOG decision appears to have resulted, at least in part, from the federal lawsuit which was filed in November 2017 by TIKD, an entity with an internet application that assists individuals who receive traffic tickets by retaining a lawyer and promises its users that they will not get any points on their traffic record.  The company’s lawsuit against The Florida Bar and The Ticket Clinic alleges that The Ticket Clinic and The Florida Bar are conspiring to reduce competition, that The Ticket Clinic has made threats to TIKD lawyers, that the Bar’s procedures violate antitrust laws, and that TIKD has been deprived of revenue as a result of the conduct.

According to the federal lawsuit and media reports, The Ticket Clinic, a law firm that provides legal services and defends clients in traffic ticket matters, filed complaints with The Florida Bar claiming that TIKD is engaging in UPL, and also filed complaints against lawyers who have represented TIKD customers and has threatened to have them disbarred.

Bottom line:  As I previously blogged, the TIKD federal lawsuit is one of the first filed in Florida which directly alleges that The Florida Bar’s UPL procedures violate the Sherman Antitrust Act based upon the U.S. Supreme Court opinion in North Carolina State Board of Dental Examiners and, as added drama, the Bar filed a motion to disqualify its recent former president from representing TIKD in the lawsuit.  Now, The Florida Bar will ask the Florida Supreme Court to weigh in and provide a determination as to whether the TIKD app runs afoul of UPL and other Bar rules.

Again, stay tuned…and be careful out there!

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding ethics, risk management, or other issues, please do not hesitate to contact me.

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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Florida Bar’s former president responds and opposes Bar’s motion to disqualify him from TIKD v. Florida Bar/Ticket Clinic antitrust suit

Hello everyone and welcome to this Ethics Alert Update which will discuss the recent responses to the Bar’s Motion to Disqualify by its former president, Ramon Abadin.  The Response claims, inter alia, that the information that received was public record; that even if it was confidential, it is not substantially related to the matter; he has no duty of loyalty; that the Bar did not object to his representation in the UPL matters; and that he will not be a necessary witness in the lawsuit.  The case is TIKD Services LLC, v. The Florida Bar, et al., Case No. 1:17-cv-24103-MGC (U.S. District Court Southern District of Florida-Miami Division).

As I previously blogged, on December 1, 2017, The Florida Bar filed a Motion to Disqualify Ramón A. Abadin alleging that, during his 2015-16 term as president, he “was provided attorney-client and attorney work-product communications and advice about and involving the specific antitrust issues and allegations asserted in this action”, including an amicus brief that was filed in the U.S. Supreme Court case of North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015).  In that opinion, the U.S. Supreme Court found that the N.C. dental board did not have state action immunity because its decisions were final and not subject to review. The Florida Bar joined in an amicus brief in that case arguing state action immunity should apply.

The former Bar president and TIKD have now filed responses in opposition to the Bar’s Motion to Disqualify.  In his “Response on Behalf of Plaintiff’s Counsel Ramon Abadin in Opposition to The Florida Bar Defendant’s Motion to Disqualify Plaintiff’s Counsel and Incorporated Memorandum of Law” dated December 19, 2017, Mr. Abadin states:

Disqualification of Mr. Abadin is not warranted for the following reasons:

  1. Mr. Abadin is not in violation of specific Bar Rules regarding disqualification based upon prior service with the Bar;
  1. The alleged “confidential” information received when Mr. Abadin was an executive officer of The Florida Bar or a member of the Board of Governors regarding the Bar’s response to the Dental Examiners case (other than legal advice) is public information;
  1. Even assuming the information received by Mr. Abadin is confidential, such information is not relevant to the cause of action in this lawsuit and, therefore, is not substantially related to this matter and would not be used to the Bar’s disadvantage;
  1. Mr. Abadin’s fiduciary duty of loyalty to The Florida Bar ended when his service as President was complete, which was prior to the time Plaintiff was formed;
  1. The Florida Bar did not object to Mr. Abadin’s representation of Plaintiff in connection with the Bar’s UPL investigation; and
  1. Mr. Abadin is not a necessary witness, and Plaintiff does not intend to call Mr. Abadin as a witness on its behalf.

Bottom line:  As I previously stated, this is one of the first cases in Florida which directly alleges that The Florida Bar’s procedures violate the Sherman Antitrust Act based upon the U.S. Supreme Court opinion in North Carolina State Board of Dental Examiners v. Federal Trade Commission.  As an added element of drama, the Bar has filed a motion to disqualify Ramon Abadin, its recent former president, from representing the plaintiff in the lawsuit against the Bar and Abadin and TIKD have now filed responses in opposition to the motion.

Stay tuned…and 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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