Florida’s Attempts at Legal Services Reform Continue to Meet Roadblocks

Supreme Court Continues to Reject Proposals from Special Committee

The Florida Bar’s Special Committee to Improve the Delivery of Legal Services must again go back to the drawing board. According to a report by the ABA Journal, the state supreme court has rejected another proposal regarding legal services reform and asked the bar to develop alternatives.

The ultimate goal is to improve access to justice for people throughout the state. The Committee originally submitted a proposal on June 28, 2021. The Final Report suggested that the Court establish a regulatory sandbox modeled after Utah’s.

The Law Practice Innovation Laboratory Program

The regulatory sandbox would be referred to as the “Law Practice Innovation Laboratory Program” or the Lab. If adopted, a modification to Rule 4-5.4 would therefore be necessary. The rule prohibits fee-sharing with nonlawyers and a lawyer from forming a partnership with a nonlawyer. The shift would align with the one implanted in Utah's Regulatory Sandbox.

The Court, however, was not persuaded. In a letter dated March 3, 2022, the Clerk of the Court noted that the Court would only be adopting one of the Special Committee’s recommendations.

Not-for-Profit Legal Service Providers

As noted in the letter, reported on by the ABA Journal, the Supreme Court of Florida intended on adopting the Special Committee’s recommendation to amend the rules to allow “not-for-profit legal service providers to organize as a corporation and to permit nonlawyers to serve on the not-for-profit legal service provider’s board of directors.”

The Court declined to adopt any of the other recommendations and asked for alternatives to be submitted by December 30, 2022.

Recommendations Not Adopted by the Court

Recommendations not adopted by the Court included the Special Committee's recommendation to allow nonlawyer ownership of law firms, fee-sharing with nonlawyers, and significant expansion of the legal services that could be provided by a paralegal.

As part of the Lab, the Committee had called for the establishment of a Limited Assistance Paralegal Pilot Program that would allow "qualified Florida Registered Paralegals" to provide limited legal services to some clients.

It is unclear where the Special Committee will go from here. The 109-page Final Report was modeled heavily after Utah's Regulatory Sandbox. While several other jurisdictions have modified or considered modifying rules to allow greater access to justice, few have a robust program similar to Utah's.

Learn More About Legal Services Reform

Learn more about the efforts to reform legal services by contacting Amicus Capital Group at (877) 926-4287. Let us help you grow your business and increase your profits. Find out how we have been “Transforming the Business of Law?” for over 25 years. Call now to get started.

This blog post does not contain legal or financial advice. Author and publisher disclaim any and all warranties, liabilities, losses, costs, claims, demands, suits, or actions of any type or nature whatsoever, arising from or in any way related to this blog, the use of this blog, and/or any claim that a particular technique or device described in this blog.