House Judiciary Committee takes up UPL.

The hot topic at the first meeting of the Florida House Judiciary Committee was the unlicensed practice of law, and specifically, how The Florida Bar and the legislature could work together to better protect Florida residents.

Ostensibly, the January 8 gathering was the organizational meeting for the committee for its next two years of operations. That included a presentation from State Courts Administrator Rob Lubitz on the structure of Florida's courts, an address from Bar President Tod Aronovitz, and Chair Rep. Jeff Kottkamp's outlining of issues likely to be considered by the committee.

But following Aronovitz' talk, several committee members peppered him with questions about UPL, particularly on immigration and bankruptcy issues.

Rep. Gustavo A. Barreiro, R-Miami, started the UPL conversation when he noted that operations have set up in South Florida offering immigration and bankruptcy services, which are governed by federal rules and laws.

"A lot of these offices have sprung up," he said. "People pay two to four times more money than going to (attorneys) and they think they're getting an attorney. What can we do as a legislature so we put in place parameters for that kind of abuse?"

"We are the ones who receive daily the complaints from someone who has gone to someone they think is a lawyer and pays thousands of dollars and they get no legal services," Aronovitz replied. He said the Bar files cases with the Supreme Court to "protect Floridians who can be hurt by those who hold themselves out as professionals and really aren't."

Rep. Philip Brutus, D-Miami, asked if the Bar could help draft laws that criminalize some UPL activities. Rep. Juan-Carlos Planas, R-Miami, said he was concerned that lawyers licensed in other states can come to Florida and practice immigration and other federally regulated areas without joining The Florida Bar. Those lawyers frequently have been disciplined or had other problems in those other states, but still can come to Florida and offer services without any oversight, he said.

"We have no controls over what other states do," Aronovitz replied. "All we can do is work closely with you. If there is legislation on this subject, we will assist you where we can. We have the legal support staff and protecting the public is important to us."

Committee Chair Rep. Jeff Kottkamp, R-Cape Coral, said the issue is complicated because it's the federal government that has jurisdiction over immigration and bankruptcy law...