Is Smartphone Service Unauthorized Practice?
Two cases up for oral argument tomorrow are summarized on the web page of the Florida Supreme Court
Wednesday, March 4, 2020
SC18-149 The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company & Christopher Riley, Individually and as Founder of TIKD Services, LLC
Starts at 9:00 a.m.
The Florida Bar filed a petition with this Court against TIKD Services LLC, a smartphone service used to challenge traffic tickets, and Mr. Christopher Riley, Executive Director of TIKD Services, for engaging in the unlicensed practice of law. Mr. Riley is not a member of the Bar and is not licensed to engage in the practice of law in Florida. Mr. Riley disputes the allegation and argues the services provided by TIKD do not constitute legal advice or services. The judge-referee appointed to review the case recommends that this Court dismiss the Bar’s petition with prejudice. The Florida Bar challenges the referee’s recommendation.
Appearance for the Florida Bar:
Chris W. Altenbernd of Banker Lopez Gassler P.A., Tampa, 813-221-1500
Appearance for Amici Curiae Florida Private Practice Lawyers:
James J. McGuire of Thomas & LoCicero PL, Tampa, 813-984-3060
Appearance for Respondents:
Christopher M. Kise of Foley & Lardner LLP, Tallahassee, 850-222-6100
SC19-673 Arch Insurance Company v. Kubicki Draper, LLP
Broward County – starts about 9:40 a.m.
Arch Insurance Company hired law firm Kubicki Draper to defend an insured party in an accounting malpractice case. The lawsuit settled within the policy limits. Arch Insurance Company then sued Kubicki Draper for legal malpractice, alleging that Kubicki Draper should have raised a statute of limitations defense in the original litigation and that the law firm’s failure to do so significantly increased the cost of the settlement. The trial court ruled that Arch Insurance Company did not have the legal standing to sue Kubicki Draper. On appeal, the Fourth District Court of Appeal agreed with the trial court but certified a question of great public importance to this Court regarding standing.
Appearance for Petitioner:
Edward G. Guedes of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, 305-854-0800
Appearance for Respondent:
Christopher V. Carlyle of The Carlyle Appellate Law Firm, Orlando, 407-377-6870
(Mike Frisch)