by Annie Butterworth Jones
The Florida Bar News
Associate Editor
A special Florida Bar committee studying private, for-profit lawyer referral services has scheduled a June 22 public hearing at the Bar Annual Convention in Orlando to allow Bar members and representatives from for-profit referral services to share their experiences.
“We need to look at objective evidence of how these services are operating and how they are serving or not serving the public,” said Jacksonville board of governors member Grier Wells, chair of the special committee. “We want to hear from lawyers who participate in the services and what impact their participation in these services is having on compliance with Bar rules and maintaining the integrity of the profession.”
The special committee was established earlier this year as the board of governors began to investigate private, for-profit lawyer referral services and their impact on Florida attorneys.
A tentative agenda for the June 22 meeting has been set and includes updates from Sen. Gwen Margolis, (D-Miami), and Rep. Rick Kriseman (D-St. Petersburg) on legislation they filed this past session — that did not pass — that would have required advertising from medical or lawyer referral services related to motor vehicle accidents comply with certain requirements regarding content. It would also require advertisements or unsolicited written communications from legal referral services related to motor vehicle accidents to comply with the Supreme Court of Florida’s Rules Regulating The Florida Bar.
Bar Ethics Counsel Elizabeth Tarbert said while the Bar took no position on the proposed legislation, the Bar did provide some technical advice to the bills’ sponsors.
Tarbert said the Bar does not directly regulate private referral services, but it can, and does, prohibit Bar members from joining private services that don’t follow Bar rules. Those include following Bar advertising and other rules and making a quarterly report of lawyers who use the service.
“There really has been a mushrooming of lawyer referral services in recent years, and we’re not trying to sit here in judgment on them at this point in time,” said Wells. “We do recognize that certainly in difficult economic times, people have difficulties that require legal assistance. And, you know, some of these services may well be providing much-needed and very legitimate services.
“This is not a witch hunt. But by the same token, we are aware of what appears to be some horror stories of consumers, and we just need to make sure that attorneys are mindful of the Rules Regulating the Bar, and their obligation to the profession and to the public.”
After the committee’s inception in February, comments came in from Bar members dealing with referral services in their areas.
“Lawyer advertising is heavily regulated to retain the integrity and honor of the profession,” wrote Miami attorney Jonathan Neuman in his comments to the committee in March. “In my opinion, those rules should not go out the window if lawyers enlist a third-party agent to do the dirty work.
“Referral services should be held to the same standard as the lawyers,” he said. “Simple as that.”
Other Bar members’ comments are currently available on the Bar website at www.floridabar.org.