Florida Bar v. TIKD Services

TIKD Services, LLC (TIKD) (defendant) operated a website through which drivers could obtain legal assistance with traffic tickets. TIKD was not a law firm, and its chief executive officer was not a licensed attorney. A customer would upload a ticket to TIKD’s website, and TIKD would decide whether to accept it. If TIKD accepted the ticket, the customer would pay a portion of its face value. TIKD would then forward the ticket to a Florida licensed attorney with whom TIKD contracted. TIKD paid all costs associated with defending the customer. If the ticket was not favorably resolved and the customer received points on his license, TIKD issued the customer a full refund. TIKD expressly advised its customers that it was not a law firm and that it was not providing legal services. Rather, TIKD stated that it merely hired independent legal counsel on its customers’ behalf. The Florida Bar (bar) (plaintiff) filed a petition against TIKD, accusing it of engaging in the unauthorized practice of law. The bar adduced no evidence that TIKD had harmed the public. The referee found that TIKD did not engage in the unauthorized practice of law but instead provided administrative and financial services. Accordingly, the referee recommended dismissal of the bar’s petition. The matter came before the Florida Supreme Court for review, with the bar challenging the referee’s finding that TIKD did not engage in the unauthorized practice of law.