Unlicensed Practice of Law.

• Author: Dickerson, Dwayne L.
• Position: Annual Reports of Committees of the Florida Bar: 2018-2019

The Florida Supreme Court approved the standing committee's proposed formal advisory opinion in the case of Shore v. Wall. The petitioner was a defendant in an interpleader action filed by the Clerk of the Circuit Court of Manatee County (case no. 2014 CA 3155), who alleged in his response that a co-defendant asserting a claim to surplus funds from a tax deed sale engaged in the unlicensed practice of law. The circuit court, citing Goldberg v. Merrill Lynch Credit Corp., 35 So. 2d 905 (Fla. 2010), found that it did not have jurisdiction over the unlicensed practice of law claims and stayed the case pending a determination by the Florida Supreme Court on whether the conduct constitutes the unlicensed practice of law. In Goldberg, the court held that the standing committee must issue a formal advisory opinion in such circumstances. The standing committee opined that the nonlawyer company's conduct in trying to recover excess proceeds from the tax deed sale on behalf of another as alleged by Wall, if true, would constitute the unlicensed practice of law. The Florida Bar re: Advisory Opinion--Shore v. Wall, et al., SC17-1510. In approving the proposed advisory opinion, the court's opinion has the force and effect of an order of the court.

The standing committee and Florida Bar UPL staff continued their efforts to protect the public from UPL. We approved litigation for injunctive relief against individuals and businesses for holding themselves out as lawyers and providing legal services in immigration and family law matters and in the recovery of unclaimed funds. We also approved litigation for injunctive relief against an out-of-state licensed lawyer for establishing a law office in Florida.

We continue to receive complaints against out-of-state licensed lawyers for assisting individuals with Florida legal issues. Under the MJP (multi-jurisdictional practice of law) rules, out-of-state lawyers may provide limited legal...