As discussed in a previous post, The Florida Bar has sought to enjoin a traffic ticket app, TIKD, from the unauthorized practice of law. After The Bar began investigating the App, TIKD filed an antitrust suit against The Florida Bar and the Ticket Clinic in November, alleging the two are conspiring to drive it out of business.
Earlier this month, The Bar and the Ticket Clinic moved for summary judgment. The Bar said it is required to investigate the unlicensed practice of law, that there was no conspiracy, and that it properly handled members’ complaints and requests for an advisory opinion.
Yesterday, TIKD filed its responses. TIKD argues that The Florida Bar engaged in “classic group boycott and concerted refusal to deal” by issuing written and oral advisory opinions that TIKD’s business was illegal and that any lawyer who worked with TIKD would be subject to grievance proceedings. TIKD further argues that it is not required to show that the alleged anti-competitive actions are tied to a “conspiracy” with The Ticket Clinic because The Bar’s conduct is already viewed as the “concerted” actions of its members.
Further, TIKD argues that there is evidence of conspiracy between The Bar and the Ticket Clinic. Specifically, it claims the Ticket Clinic surreptitiously obtained The Bar’s advisory opinions about TIKD and that they established a protocol to tell ethics hotline callers not to do business with TIKD.
The Florida Bar and the Ticket Clinic’s replies are due August 22.
This content is provided via a partnership with the Florida Legal Ethics Report blog, maintained by LKLSG attorney Victoria J. Wilson. The full blog can be accessed at http://ethicslawblog.com/