Practice of Law in Florida (UPL)
FL practice of law: giving legal advice, preparing documents, representing in proceedings, and negotiating rights. Definition is functional (what you do, not title). FL Supreme Court handles UPL: complaint to FL Bar Committee, investigation, petition, referee hearing, and final order (injunction, restitution, criminal referral). Defenses: not practicing law, authorized, supervised, and constitutional rights. Burden: FL Bar must prove by clear and convincing evidence.
What’s Practicing Law
- Advice, documents, representation
- Functional definition
- Regardless of title
Enforcement Process
- FL Bar Committee investigates
- Referee hearing, Supreme Court order
- Injunction, restitution, criminal
Defenses
- Not legal activity, authorized
- Supervised, constitutional
- Clear and convincing standard
Related Terms
- UPL Florida — Penalties
Barnes Walker Legal Services
Barnes Walker’s attorneys handle UPL matters in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC