A Miami firm that fights people’s traffic tickets for them is fighting back against The Florida Bar‘s effort to brand it as the unlicensed practice of law, or UPL.
In a document filed late Monday with the Supreme Court of Florida, TIKD said The Bar “has yet to explain how (our) activities actually run afoul of the purpose of UPL regulation, namely, ‘to protect the consuming public from being advised and represented in legal matters by unqualified persons who may put the public’s interest at risk.’ ”
The Bar regulates the state’s more than 100,000 lawyers and prosecutes the unlicensed practice of law.
It maintains that TIKD is in the wrong, in part because founder and CEO Chris Riley — a U.S. Navy commander-turned entrepreneur — isn’t a lawyer but his company advertises and acts like a law firm.
The company hires lawyers to fight people’s traffic tickets; if TIKD loses, it pays customers’ fines or court costs.
“The administrative and financial services provided by TIKD are separate and distinct from the legal services provided by the lawyers who represent TIKD’s customers,” the company’s Monday filing said.
“… All legal advice and representation is provided by independent, licensed Florida lawyers pursuant to a separate attorney-client agreement,” it said. “TIKD is not involved in the attorney-client relationship or attorney-client communications and does not direct or influence the attorneys’ legal judgment or representation.”
But The Bar has argued that “… a corporation owned and operated by nonlawyers (can’t) employ an attorney to give legal advice to its customers.”