When does protecting consumers become harassment? Even
without any consumer complaint about any damage done the Florida Bar
has the right to initiate an unauthorized practice of law investigation
on their own; for the “potential” harm that could occur. Even
though no one has complained of any harm, damages, error, or mistake
caused or done by a document preparer, the Florida Bar can and does
investigate document preparers on the slimmest excuse. Considering
that there is no required consumer complainant, all document
preparers are subject to being investigated at any time at the whim
of the Bar.
The
Florida Bar can and does initiate unauthorized practice of law
complaints against document preparers for stating in their
advertising things like:
- Using the word "legal" in their business name;
- Using the word "legal" on their website;
- Using the phrase "legal services" in their business name or website;
- Offering free consultations;
- Stating their years of prior experience as a paralegal;
- Referring to herself/ himself as a paralegal or legal asssistant;
- Stating their education, degrees earned;
- Stating that document services are a low cost alternative to the high cost of attorney fees;
- Using words such as "help", "assistance", and "solutions" to describe their services.
The
Florida Constitution authorizes the Florida Supreme Court to regulate
and govern the practice of law:
Florida Statute 454.021 Attorneys; admission to practice law; Supreme Court to govern and regulate.—
(2) The Supreme Court of Florida, being the highest court of said state, is the proper court to govern and regulate admissions of attorneys and counselors to practice law in said state.
The Florida Supreme Court has exclusive jurisdiction regulation of the Florida Bar, regulation of admissions to the Bar, and creating and amending the Florida Rules of Court, The Florida Supreme Court, in turn delegates the authority to investigate unauthorized practice of law to the Florida Bar. The Florida Bar, as an official arm of the court, is charged with the duty of considering, investigating, and seeking the prohibition of matters pertaining to the unlicensed practice of law and the prosecution of alleged offenders.
Florida Bar UPL Rules state:
10-2. DEFINITIONS RULE 10-2.1 GENERALLY
(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the state of Florida.
10-5. COMPLAINT PROCESSING AND INITIAL INVESTIGATORY PROCEDURES RULE 10-5.1 COMPLAINT PROCESSING
(b) Review by Bar Counsel. Bar counsel shall review the complaint and determine whether the alleged conduct, if proven, would constitute a violation of the prohibition against engaging in the unlicensed practice of law. Bar counsel may conduct a preliminary, informal investigation to aid in this determination and, if necessary, may employ a Florida bar staff investigator to aid in the preliminary investigation. If bar counsel determines that the facts, if proven, would not constitute a violation, bar counsel may decline to pursue the complaint. A decision by bar counsel not to pursue a complaint shall not preclude further action or review under the Rules Regulating The Florida Bar. The complainant shall be notified of a decision not to pursue a complaint and shall be given the reasons therefor.
