Technology

Phone App Found To Be Engaged In The Unauthorized Practice Of Law

Tech has no professional responsibility, so that's a problem.

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For those who welcome our Artificial Intelligence overlords, some bad news. The Florida Supreme Court ruled that an app designed to help motorists fight traffic tickets was engaged in the unauthorized practice of law. The decision against the now-defunct company, TIKD Services, and Christopher Riley, a non-lawyer who was its founder and CEO, overrules an earlier call by a referee that found the app offered only administrative and financial services and therefore was not engaged in the practice of law.

The app had user-uploaded pictures of their traffic tickets, and, in exchange for a fixed percentage of the ticket’s face value, TIKD would forward their contact information to a licensed attorney. TIKD paid the costs associated with defending the case and provided a refund if points were assessed against a driver’s license. That scheme was a no-go for Judge Alan Lawson, as reported by ABA Journal:

Lawson cited these additional factors supporting an unauthorized practice finding:

• TIKD’s services have the potential to substantially affect whether a driver receives timely and quality legal representation, affecting the driver’s rights under the law.

• TIKD collects money upfront from its clients that would have to be held in trust if collected by a lawyer.

• There is a risk that a nonlawyer company’s profit motive will conflict with the professional obligation of lawyers to act in their clients’ best interests.

Lawson also said, “As a nonlawyer, TIKD simply lacks the skill or training to ensure the quality of the legal services provided to the public through the licensed attorneys it contracts with, nor does it possess the ability to ensure compliance with the Rules of Professional Conduct.”

Better luck next time, robots.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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