Bar on alert for improper Gulf oil spill solicitations
Public warned about nonlawyers offering legal representation
In the wake of the Gulf of Mexico oil spill, The Florida Bar is warning the public to watch out for unethical lawyers and nonlawyers offering legal representation.
The Bar also reminds its members about the rules regarding solicitations.
“In the event of a disaster, such as the current oil spill, The Florida Bar is on high alert for violations of its rules, especially with regard to solicitation,” said John Berry, director of the Bar’s Legal Division. “The Florida Bar will be vigilant in investigating all complaints filed against individual lawyers who may be in violation of the solicitation rules.”
Solicitation, whether by a lawyer personally or by someone else on his or her behalf, is prohibited, according to Bar Rule. Solicitation includes any direct face-to-face contact, by telephone, fax, or telegraph. It includes passing out business cards or other law firm information, according to Bar Ethics Counsel Elizabeth Tarbert.
“Lawyers cannot mail solicitations within 30 days of a disaster causing personal injury, property, or economic damage directly related to the disaster, such as medical bills or lost wages for a person injured or killed by the oil rig explosion or spill, or for physical damage to property directly caused by the explosion or spill. However, the 30-day rule does not apply if the potential claim is indirectly related to the disaster, such as when tourism or commercial fishing is affected, or when the only damage is to property value because of proximity to the spill,” Tarbert said. “Direct mail solicitations must comply with the Bar’s lawyer advertising rules and be filed with The Florida Bar for review. Fees from solicitation are subject to forfeiture in cases involving violations of the advertising rules.”
Tarbert said volunteer lawyers who are offering their services to victims at no charge do not violate the anti-solicitation rule.
Anyone with information that a lawyer is engaging in solicitation should report the lawyer to The Florida Bar. Questions or complaints about a lawyer’s conduct can be reported to The Florida Bar’s Attorney Consumer Assistance Program (ACAP) by calling toll-free 1-866-352-0707.
To assist disaster victims who may need legal representation, there are several guides in the “Consumer Information” section of the Bar’s website at www.floridabar.org, including “ Mass Disaster – A Victim’s Guide, ” “ A Consumer Guide to Client’s Rights, ” “ How to Find a Lawyer in Florida, ” and “ Who Should I Hire to Help Me with My Legal Problem? ”
Floridians looking for a lawyer should make sure the person they are considering is eligible to practice in the state. This can be done by going to and using the “ Find a Lawyer ” feature in the blue bar at the top of the page.
“Although there are limited circumstances when lawyers who are not licensed to practice in Florida may be authorized to appear in court, out-of-state lawyers may not be able to represent Florida citizens,” said Lori Holcomb, the Bar’s UPL counsel. “Consumers must also be cautious about nonlawyers or organizations that offer to provide legal representation.”
If you believe a person offering legal representation is not a lawyer or is not eligible to practice law in Florida, call The Florida Bar Unlicensed Practice of Law Department at (800) 342-8060, ext. 5840.
