Tag Archives: Florida Bar

Florida Bar’s Board of Governors approves proposed Bar rule amendment to pay inventory attorneys

Hello everyone and welcome to this Ethics Alert which will discuss recent Florida Bar Board of Governors (BOG) approval of proposed amendments to Florida Bar Rule 1-3.8, Right to Inventory, which would authorize payments to designated inventory attorneys to assist and wind up law practices of lawyers who die, disappear, or are otherwise unable to practice law.  The inventory attorney is also permitted to take over the representation of the previous lawyer’s clients if those clients consent.

The BOG voted to support the BOG Disciplinary Procedure Committee’s proposal at its December 6, 2019 meeting in Orlando.  The proposed rule revision has been under consideration since 2017 and had a first reading at the BOG’s December 2018 meeting; however, it was deferred for further review.

Florida Bar Rule 1-3.8 currently requires Florida Bar members to designate an inventory attorney to wind down the practices of lawyers who die, disappear, or are otherwise unable to practice law.  According to a Bar staff report, the Bar opened an average of 41.4 inventory cases each year during the past five years and each of the Bar’s five branch offices spend approximately 120 hours per year searching for inventory attorneys.

Under the proposed Bar rule revisions, an inventory lawyer who pursues payment for work performed would be required to submit an application detailing the work performed along with other information and request the payment.  The Executive Director of the Florida Bar would set the amount of payment with the approval of the BOG and the Bar would administer the payments.  The initial cost of the payments to inventory attorneys was estimated to be $100,000.00; however, the costs are expected to rise.

Proposed Rule 1-3.8(e) states:

(e) Payment of Inventory Lawyer. The Florida Bar may pay a fee set by the bar’s executive director as approved by the board of governors and within the bar’s annual budget for that year to a lawyer who agrees to conduct an inventory under this rule. Payment by The Florida Bar to an inventory lawyer will be made only with prior approval by the bar, on an application approved by the bar, and under parameters set by the bar.

The proposed Rule 1-3.8 amendments will be sent to the Florida Supreme Court for final review and potential implementation.

Bottom line:  This Bar Rule amendment is designed to address issues related to inventory attorneys and pay them for their work, presumably to encourage lawyers to become inventory attorneys.  I will follow this proposed Bar Rule amendment and keep you advised.

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 34683

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 Rule 1-3.8, Florida Bar Rule 1-3.8 inventory attorney, Florida Bar rule revision to pay inventory attorneys, Florida Bar Rules, Florida Supreme Court, Inventory attorneys, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Uncategorized

Florida UPL Committee will consider New Jersey lawyer’s request for formal advisory opinion regarding remote practice from Florida

Hello everyone and welcome to this Ethics Alert which will discuss a New Jersey lawyer’s request for formal advisory opinion regarding remote practice related to non-Florida matters from his Florida home.  The lawyer’s request for the formal UPL opinion is here: https://www-media.floridabar.org/uploads/2019/12/Restaino_Request.pdf

The Florida Bar has provided notice that the Bar’s UPL Standing Committee will consider a New Jersey lawyer’s request for a formal advisory opinion on whether it constitutes the unlicensed practice of law for the lawyer, who is a Florida resident employed by a New Jersey law firm which has no place of business or office in Florida, to work remotely from his Florida home only on matters that concern federal intellectual property rights not Florida law) and without any public presence or profile in Florida as an attorney.

The Bar’s UPL Committee will hold a public hearing on February 7, 2020, at the Hyatt Regency Orlando Hotel, 9801 International Drive, Orlando, FL 32819 beginning at 9:00 a.m., to receive input on the question and testimony from interested individuals.  Written testimony can also be sent to The Florida Bar, UPL Dept., 651 E. Jefferson St., Tallahassee, FL 32399-2300, or by e-mail before the hearing.

The February 7 hearing is the first step in the UPL formal advisory opinion process and, after the hearing, the committee will decide whether to issue a proposed opinion.  The committee has not previously considered the question and is not required to issue an opinion after the hearing.

Bottom line:  If the Florida Bar’s UPL Committee renders a formal opinion, it should provide guidance on the issue and any proposed opinion by the committee will be advisory only.

I will follow the issue and keep you advised…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.

2999 Alt. 19, Suite A

Palm Harbor, Florida 34683

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 Attorney Ethics, Florida Bar, Florida Bar rules remote practice by out of state lawyer, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Uncategorized, UPL Committee opinion re remote practice from Florida

Proposed Comment to Florida Bar Rule 4-7.18 would permit exchange of contact information at business events and on business related social media

Hello everyone and welcome to this Ethics Alert which will discuss the proposed revisions to the Comment to Florida Bar Rule 4-7.18 which would permit the exchange of contact information at business events and on business-related social media, with caveats. The proposed revised language is on the agenda for review and final approval by the Florida Bar’s Board of Governors (BOG) at its meeting on January 31, 2020 in Tallahassee.

The BOG’s Professional Ethics Committee proposed additional language in the Comment to Bar Rule 4-7.18, Direct Contact With Prospective Clients which would specifically permit the exchange of contact information at business events and on business-related social media.  The proposed Comment language also cautions that lawyers should not discuss a specific legal matter if the prospective client initiates it, “and defer further discussion to a more appropriate location” if the discussion would “endanger” a prospective client’s confidentiality.

According to the BOG meeting agenda, the justification for the amendment is that “(t)he proposed commentary recognizes that lawyers frequently exchange contact information at business-related events and on business-related social media platforms. These events are usually at least in part to facilitate networking, the initiation of the exchange of contacted information is expected at these events, the lawyer normally would not know the prospective client has the need for specific legal services, and the prospective client would normally be a sophisticated user of legal services and less likely to be unduly influenced by the request.”

The complete proposed Comment language is below:

Permissible Contact

A lawyer may initiate the routine mutual exchange of contact information with prospective clients who are attending the same business or professional conference or meeting or business-related social gathering if the lawyer initiates no further discussion of a specific legal matter. Similarly, a lawyer may initiate the exchange of contact information and profiles via a specific social media platform that is established for the purpose of businesses and professionals exchanging this type of information if the lawyer initiates no discussion of specific legal matters. If a prospective client then initiates discussion of a specific legal matter, the lawyer should decline to discuss the matter at the initial contact and defer further discussion to a more appropriate location when the discussion would endanger a prospective client’s confidentiality. Lawyers should not interpret the above to allow a lawyer who knows a person has a specific legal problem to go to a specific conference or meeting where that prospective client will be in attendance in order to initiate the exchange of contact information. An accident scene, a hospital room of an injured person, or a doctor’s office are not business or professional conferences or meetings within the meaning of the discussion above.

Bottom line:  If implemented, the additional language in the Comment would clarify that lawyers can exchange contact information with potential clients at business events and on business-related social media however, it will caution that lawyers should not discuss a specific legal matter if the prospective client initiates it and if the discussion would compromise a prospective client’s confidentiality, the lawyer should defer discussion of the matter to a more appropriate location”.

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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Filed under Communication with clients, Confidentiality, Florida Bar, Florida Bar Rule 4-7.18 Comment- communication with potential clients business meetings and business social media, Florida Bar Rules, joe corsmeier, Joseph Corsmeier, Lawyer advertising rules, Lawyer communication with potential clients, Lawyer ethics, Lawyer Ethics and Professionalism, Uncategorized

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

 

Leave a comment

Filed under 2020 Florida Bar non-lawyer Registered Online Service Provider Program, Florida Bar, Florida Bar Board of Governors online legal provider registration program, Florida Bar Chapter 23, Registered Online Services, Florida Bar non-lawyer Registered Online Service Provider Program, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Uncategorized

Florida woman who failed Florida Bar examination and started fictitious law firm charged with federal felonies

Hello everyone and welcome to this Ethics Alert, which will discuss federal criminal charges filed against a woman who failed the Florida Bar examination, started a fraudulent law firm, engaged in the unlicensed practice of law, and committed aggravated identity theft and mail fraud.

According to the federal charges and Florida Bar records, Roberta Guedes attended Stetson law school with Agnieszka Piasecka and both graduated in 2014. They had planned to open a law firm together; however, Guedes did not pass the Florida Bar examination.  Piasecka passed the Bar examination and opened her own law firm, which handled wills and trusts, immigration, and dissolution matters.  Guedes offered Piasecka the free use of an office in Tampa and Piasecka used the office a few times to meet with clients.

According to court records, in September 2014, Guedes incorporated an entity she called Ferguson and McKenzie LLC and listed Piasecka as a registered agent without her knowledge. She also listed another individual, Arlete Chouinard, as a vice president and manager for the business without her knowledge.

In November 2014, Guedes incorporated another entity, Immigration and Litigation Law Office, Inc., and again listed Piasecka and Chouinard as officers. The incorporation documents listed a Tampa address.  Guedes used Chouinard’s name, social security number and other personal information to open bank accounts and multiple lines of credit and used the accounts for personal and business expenses for the two “firms”.

Guedes advertised the “firm’s” legal services, printed and handed out business cards bearing Piasecka’s name and her own, and created a website for the immigration “firm” which falsely listed Piasecka as an attorney.  Guedes also accepted fees to represent clients in legal matters.

An individual retained Guedes to assist her to bring her Brazilian daughter to the U.S.  The records related to the immigration matter had Guedes’ name and signature; however, it listed Piasecka’s Florida Bar number.

Another individual hired Guedes to help with a divorce from his Brazilian wife and she traveled with the man to an immigration hearing in Orlando and appeared before Immigration Judge Daniel Lippman.  Guedes represented herself as Piasecka at the hearing and also posed as Piasecka in a telephone call with the judge a few weeks later.

Guedes also appeared in a Hillsborough courtroom in December 2015 with a Tampa man who had sought her help in filing a domestic violence petition and who did not know she was not a lawyer.  She attempted to contact Judges Frances Perrone and Chet Tharpe requesting that his two cases be heard on the same day.

Judge Perrone granted this individual’s request for a temporary injunction and directed her judicial assistant to give his “lawyer” a courtesy call.  The judge and her judicial assistant could not find Guedes name listed as a Florida lawyer.  The judge’s office found Guedes’ telephone number through an internet search and, when the judge’s judicial assistant asked Guedes if she was a lawyer, she replied: “You can just scratch through that part (her signature on the court document).

The Florida Bar filed a 6 count petition with the Florida Supreme Court on May 14, 2018 alleging that Guedes engaged in the unlicensed practice of law.  The petition alleged that “Guedes accepted money and purported to represent “clients” in immigration and family law cases and failed to disclose that she was not licensed to practice. The Bar’s petition is here: https://efactssc-public.flcourts.org/CaseDocuments/2018/728/2018-728_Petition_69809_PETITION2DUPL.pdf.

Guedes initially denied the allegations in the Bar’s petition and claimed that she had only assisted clients with court paperwork and translation services; however, in a Stipulation for Permanent Injunction filed with the Florida Supreme Court on March 22, 2019, Guedes agreed to refund the money that she had taken from the “clients” and a permanent injunction prohibiting her from holding herself out as a lawyer in the future.

The Florida Supreme Court issued an Order on May 2, 2019  permanently and perpetually” enjoining Guedes from engaging in the practice of law and requiring restitution in the amount of $3,782.00 as well as a $6,000.00 civil penalty.

Guedes signed a plea agreement on October 30, 2019 admitting to the federal charges of mail fraud and aggravated identity theft and a sentencing hearing has been scheduled for December 2019 in Tampa.  She faces a minimum of two years in prison.

Bottom line:  This lawyer completed law school and failed the Florida Bar examination; however, she was able to engage in the unlicensed practice of law in both state and federal immigration courts beginning in 2014.  The unlicensed practice of law was discovered by a Hillsborough County Circuit Court judge and was reported to The Florida Bar.  She was also investigated by federal prosecutors and charged with criminal fraud and identity theft and she will be sentenced on those charges in federal court in Tampa in December 2019.

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

 

Leave a comment

Filed under .S. Supreme Court, deceit, dishonesty, Federal felonies- UPL and federal U.S. mail identity fraud, Florida Bar, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Non-lawyer unlicensed practice of law creation of false law firm, Uncategorized, Unlicensed practice of law, UPL fraud impersonating lawyer

Florida Bar Board of Governors finds that “Ambulances Chase Us” is improper and law firm can advertise “1-800-411-Pain”

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Bar Board of Governors (BOG) decisions to uphold the Florida Bar Standing Committee on Advertising (SCA) decision that “Ambulances Chase Us” is deceptive or misleading and reverse an SCA decision that a law firm’s billboards advertising the telephone number “1-800-411-PAIN” are misleading.

At its September 20, 2019, the BOG voted to uphold an SCA decision that the slogan “Ambulances Chase Us ”is deceptive or misleading under Rule 4-7.13(a) because it is “both unethical and illegal for ambulance drivers to solicit cases for lawyers and because it is factually and legally inaccurate.”

The Board Review Committee on Professional Ethics (BRC) voted to uphold the SCA finding that the advertisement is impermissible.  The BOG voted 18-14 to uphold the SCA finding.

At the same meeting, the BOG also voted, without debate, to reverse an SCA determination regarding billboards that advertise the telephone number “1-800-411-PAIN.”  As background, the SCA had voted to find that billboards are misleading under Bar Rule 4-7.13(a) because the advertisements are on behalf of the private law firm but advertise the telephone number “1-800-411-Pain” in North and Southwest Florida which was used by the now-defunct lawyer referral service called 1-800-411-Pain.  The telephone number is also currently being used by a new qualifying provider/lawyer referral service called “Path” in Southeast and Central Florida.

The law firm had argued, inter alia, that the advertisements were not misleading because they clearly show the law firm’s name. The law firm also stated that, at the BRC’s request, it will answer the telephone with the law firm’s name.

Bottom line:  There was apparently some discussion at the BOG meeting that the “Ambulances Chase Us” slogan was just an attempt at humor and was not misleading and the final 18-14 BOG vote was very close.  The 411 Pain vote reverses the SCA determination that the use of the telephone number was misleading.

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

 

Leave a comment

Filed under Florida lawyer advertising "411-Pain", Florida lawyer advertising "Ambulances Chase Us", Florida Lawyer Advertising opinions, Florida Lawyer advertising rules, Lawyer advertising, Lawyer advertising rules, Uncategorized

Florida Supreme Court approves revised Bar advertising rule with requirements for lawyers to call themselves “experts” or “specialists”

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court opinion approving (with minor revisions) Bar Rule 4-7.14, which sets forth the requirements for Florida  lawyers to call themselves “experts” and “specialists”  in advertisements and other documents.  The case is In re: Amendments to Rule Regulating The Florida Bar 4-7.14., Case No. SC18-2019.  The June 27, 2019 Supreme Court of Florida opinion is here: https://www.floridasupremecourt.org/content/download/527989/5865891/file/sc18-2019.pdf.  The rule revisions become effective on August 26, 2019.

As I blogged previously here: https://jcorsmeier.wordpress.com/2015/10/02/federal-district-judge-enjoins-the-florida-bar-from-enforcing-rule-prohibiting-truthful-claims-of-expertise/, U.S. District Court Judge Robert Hinkle found in 2015 that non-certified lawyers could have the skills and experience of certified lawyers and held that the Florida Bar Rule restricting the use of “expert” and “specialist” to lawyers who were certified by The Florida Bar (or its equivalent) was unconstitutional and he enjoined the Bar from enforcing it.  The Florida Bar did not appeal.

The Florida Bar’s Board of Governors (BOG) imposed a moratorium on enforcing the rule as written and proposed rule amendments to comply with Judge Hinkle’s ruling; however, the Florida Supreme Court rejected them.  The BOG revised the proposed rule amendments and filed them in 2018.  The opinion approved the revised rule with minor revisions.

The revised Florida Bar Rule 4-7.14 states that lawyers may not claim to have specialization or expertise in an area of law unless they are certified by the Florida Bar, the American Bar Association, another Bar’s accredited plan, or “can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.”  The Bar’s proposed draft rule stated “and substantial”; however, the court changed the “and” to “or”, which is an important revision.

In addition, a law firm may make that claim of expertise in an area of practice if it can show that at least one of its lawyers can meet those standards and if all firm lawyers cannot meet those standards, it must have a disclaimer that not all of its lawyers specialize or have expertise in that area of practice.  Revisions were also made to the rule comments stating that a lawyer who is “of counsel” to a law firm would permit the firm to claim specialization and expertise if the “of counsel” practices solely with that firm.

Bottom line: The revised Florida Bar rule has been in development since 2015 and the Supreme Court rejected a previous version of the proposed rule.  The rule will now permit lawyers to call themselves “experts” or “specialists” if they are certified by the Florida Bar, the American Bar Association, another Bar’s accredited plan,  if the lawyer “can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.”

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 Attorney Ethics, Florida Bar, Florida Lawyer advertising rules, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising and solicitation, Lawyer advertising expert and specialist, Lawyer Advertising opinion, Lawyer advertising rules, Lawyer advertising specialties and certification, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer Professionalism, Lawyer use of expertise and specialist in advertising and certification, Lawyers use of specialization and expertise ethics, New Florida Bar Rule 4-7.14 use of expert and specialist, Uncategorized