A Miami-Dade County firm that helps motorists fight traffic tickets asked the state Supreme Court on Monday to dismiss a case alleging it has violated a ban on practicing law without a license.
The Florida Bar in January filed a petition requesting that the Supreme Court issue an injunction against TIKD Services LLC. But in a 19-page document filed Monday, TIKD disputed arguments that it practices law without a license and asked the Supreme Court for a summary-judgment ruling and a dismissal of the Bar’s claims.
TIKD, which was created in 2016, operates an online service in which motorists can upload pictures of tickets, according to the document filed at the Supreme Court. TIKD performs a statistical analysis after receiving tickets and determines whether to provide its services to motorists. If it accepts a ticket, TIKD charges a fee and pays an attorney to represent the motorist.
TIKD also pays fines or court costs if tickets are not dismissed, the document said. “This is not a complex case,” TIKD attorneys Christopher Kise and Joshua Hawkes wrote.
“The undisputed facts establish respondents (TIKD and the firm’s founder) do not engage in any acts constituting the unauthorized practice of law, and they do not employ or control the licensed, independent Florida lawyers who provide legal advice and representation to TIKD customers.”
But in the January petition, the Bar argued that TIKD advertises “in a fashion which may lead a reasonable lay person to believe” the firm is qualified to provide legal services.
“Respondents either personally or through advertisement offer traffic ticket defense legal services while suggesting that their services are the equivalent of or a substitute for the services of an attorney,” the petition said.