So long, Roz?

The Florida Supreme Court has directed the Florida Bar to adopt rules that would prohibit certain lawyer referral services, and could put an end to companies like 1-800-ASK-GARY and 1-800-411-PAIN.

Under article V, section 15 of the Florida Constitution, the Florida Supreme Court has "exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted."  As a part of the process of regulating attorney conduct, the Florida Bar proposes rules that address attorney conduct to the court for approval.

In its September 24, 2015 ruling, the court rejected the recommended rule from the Florida Bar, and essentially held that the rule did not go far enough to protect the citizens of Florida from the harms that can come from referrals to attorneys that originate from non-lawyer-owned referral services, such as 1-800-ASK-GARY and 1-800-411-PAIN.  The court noted that some of these non-lawyer referral services may disproportionately target racial minorities.

The court discussed the potential pitfalls that could come from the referrals, and cited to a specific instance where an individual from Kentucky was flown down to Florida to receive treatment that her providers in Kentucky believed actually made her condition worse. The court noted that there could be significant detriment to injured parties who are not familiar with their legal rights and with the medical benefits available to them.   

The court also discussed the Florida Bar's Special Committee on Lawyer Referral Services' findings and reviewed a newspaper article from a South Florida periodical.  As a result of this information, the court recognized that the public interest would best be served by having stricter prohibitions on non-lawyer-owned referral services.  The court then ordered the Florida Bar to propose a new rule on this issue by May 24, 2016.

The full court opinion can be found here.  Thorpe & Thorpe, P.A. encourages everybody to review their potential lawyer's skills and experience and make their own decision.  

Attorney Shaina Thorpe Selected As a Super Lawyers Rising Star for 2015

Shaina Thorpe has been selected to the 2015 Florida Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

Wrong Way Drivers a Danger to Tampa Commuters

Wrong way driving seems to be a phenomenon that is unfortunately too common in the Tampa Bay area.  In 2014, there were at least four incidents of drivers caught driving the wrong way on some of the area's thoroughfares, including I-275.  In one extremely sad case, in September of 2014, three people were killed in a wrong way driving-related accident.  But that was not the last of the incidents.

On April 12, 2015, two separate individuals were stopped by the Florida Highway Patrol for driving the wrong way on I-275.  One of the drivers was arrested for DUI.  The second driver caused two other drivers to get into accidents trying to avoid his oncoming car. 

While law enforcement officers certainly help avoid the potentially fatal consequences of wrong way driving by catching the offenders before anyone is injured, not all offenders are caught.  In fact, one of our own attorneys witnessed a wrong way driver driving down the incorrect side of US-41 just this past weekend.  Fortunately, no one was injured, but the driver seemed to get away without being caught by law enforcement.

These stories of wrong way drivers and their victims should serve as reminders to always pay attention on the roads, to be prepared to take safe, evasive action if you encounter a wrong way driver, and to never drive while intoxicated.  Remember, if you or someone you know is involved in a wrong way driving-related crash, the attorneys at Thorpe & Thorpe, P.A. are here to help.

Federal Contractors Must Include Sexual Orientation and Gender Identity in their Equal Employment Opportunity Statements

Executive Order 13672, signed by President Obama on July 21, 2014, mandates that federal contractors not discriminate against employees on the basis of their sexual orientation or gender identity.  The Order requires compliance for any federal contracts entered into on or after August 19, 2014.  If your work involves contracts with federal agencies, you may want to revisit your EEO statements to ensure compliance. 

You can read more about this requirement here.