Solo Reprimanded for ‘Legal Experts’ Trade Name
Orlando lawyer Gary Elvin Doane is a solo practitioner—not that there’s anything wrong with that. He is not certified as a specialist by The Florida Bar in all areas of practice—not that that’s unusual.
But because of those two factors, Doane can’t use the trade name “legal experts,” according to an opinion by Justice Barbara Pariente of the Florida Supreme Court. The Associated Press has the story.
In a May 20 opinion (PDF), the court ordered the state bar to publicly reprimand Doane for using the trade name. The court also placed Doane on probation for a year, ordered him to attend a bar workshop on advertising, and required him to get prior approval for all of his ads.
Pariente explained the reason for the finding in a concurring opinion. The use of the “legal experts” trade name is misleading to the public, she said, and doesn’t comply with state ethics rules requiring certification of specialists.
“To use the trade name ‘Legal Experts’ or even ‘Legal Specialists’ violates the rules in two ways,” Pariente said. “First, as mentioned, the respondent is a sole practitioner. Second, he can only use the designation ‘legal expert’ or ‘legal specialist’ with the area of certification.”
Dissenting Justice R. Fred Lewis said Doane was certified in civil trial law, and was authorized to use the title “expert” as a result. Lewis goes on to criticize the Florida Supreme Court’s initial decision to allow lawyers to call themselves experts after becoming board-certified. The “expert” designation, he says, allows lawyers to “exploit inexperienced clients.”
“Doane has been caught in the tangled morass of problematic rules created by this court and The Florida Bar in the march for certification of lawyers as ‘experts,’ ” Lewis writes.
