On April 15, the Florida Supreme Court declined to adopt a proposed amendment to Florida Bar Rule 4-7.22 that would have prohibited Florida attorneys from participating “in referral services that refer prospective clients to other professionals or disciplines for services arising out of the same incident or transaction,” ending a years-long Bar project to rewrite its lawyer referral service rules.
This decision comes after the Court approved a rewrite of Rule 4-7.22 in March 2018. In dismissing the case, the Court’s order relies on Justice Lawson’s partial dissent in the 2018 opinion.
Justice Lawson based his rationale on the fact that “[t]he few individuals who still express support for this recommendation have identified only two entities to which the prohibition would apply . . . and have not identified a single incident of misconduct by those entities or by any lawyer or medical professional who takes referrals from those entities.” Further, Justice Lawson added that he had “not been able to discern any basis for concluding that [the two entities’] model of connecting an injured citizen to a lawyer . . . poses any danger not existent in direct doctor/lawyer referral relationships –– which no one has ever suggested could or should be barred.”
Justice Labarga dissented, arguing that the amendments “are critical to ensure all services that connect prospective clients to lawyers first and foremost operate in a manner that protects and furthers the public interest.”
Read the Florida Supreme Court’s April 15 Order here.
Read the March 2018 Opinion here.
For more information, read the Florida Bar’s article here.
