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Qualifying Provider Rule Historical Information

On March 8, 2018, the Supreme Court of Florida approved amendments to rules regulating lawyer referral services. The amendments, effective April 30, 2018, change terminology from “lawyer referral service” to “qualifying provider” throughout. The definition is broadened, so that any referral or matching service as well as any group or pooled advertising program is subject to the rules. Under the new rule, participating lawyers will no longer be required to carry malpractice insurance. New requirements include a specific prohibition against requiring or pressuring participating lawyers to make cross referrals, providing participating lawyers with documentation of compliance with Florida Bar rules, and an express prohibition against stating or implying that the provider is a law firm, can practice law or can directly provide legal services. Providers continue to have to comply with lawyer advertising rules, continue to be subject to a prohibition against fee-sharing, continue to be required to refer or match consumers only to those authorized to provide services, continue to be required to respond to official Bar inquiries within 15 days, and continue to be subject to a prohibition against stating or implying Florida Bar endorsement. Regulation occurs through the participating lawyers.

OVERALL CHANGES TO RULE

  • Terminology
    • “Qualifying Provider” instead of “lawyer referral service”
  • Broader definition of “qualifying provider” including:
    • Directories
    • On-line matching services
    • Group or pooled advertising programs
    • Tips or leads programs

REQUIREMENTS RETAINED

  • Ads for qualifying providers must comply with lawyer advertising rules
  • Lawyers may not divide fees with qualifying providers (except non-profit Florida Bar and voluntary bar lawyer referral services)
  • Qualifying providers must match consumers only to those authorized to provide the services in Florida
  • Qualifying providers must respond to official bar inquiries within 15 days
  • Qualifying providers may not state or imply bar endorsement (except non-profit Florida Bar and voluntary bar lawyer referral services)
  • Qualifying providers must use their actual names or a registered fictitious name

DELETED REQUIREMENTS

  • Malpractice insurance for participating lawyers
  • Disclaimer in all ads that it is a lawyer referral service
  • Disclaimer in all ads that lawyers pay to participate
  • Requirement that all services provide The Florida Bar quarterly with names of all those authorized to act on behalf of the service

CHANGED REQUIREMENT

  • Report to the bar the names of all participating lawyers changed from quarterly to annual

NEW REQUIREMENTS

  • Qualifying providers:
    • may not require or pressure the lawyer to provide cross referrals
    • must give participating lawyers documentation of compliance with bar rules
    • must disclose participating lawyers’ location by city, town or county when the referral is made
    • may not use a name or otherwise imply to the public that the qualifying provider is a law firm, can practice law or directly provide legal services
  • Participating lawyers:
    • must report to The Florida Bar within 15 days of beginning or ending participation with a qualifying provider
    • must engage in due diligence in determining the qualifying provider’s compliance with the rule before beginning participation
    • must cease participation and provide documentation to The Florida Bar within 30 days of ceasing participation if The Florida Bar notifies the lawyer that the qualifying provider is not in compliance