Florida Statute 877.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 877
MISCELLANEOUS CRIMES

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F.S. 877.02

877.02 Solicitation of legal services or retainers therefor; penalty.—

(1) It shall be unlawful for any person or her or his agent, employee or any person acting on her or his behalf, to solicit or procure through solicitation either directly or indirectly legal business, or to solicit or procure through solicitation a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal service, or to make it a business to solicit or procure such business, retainers or agreements; provided, however, that nothing herein shall prohibit or be applicable to banks, trust companies, lawyer reference services, legal aid associations, lay collection agencies, railroad companies, insurance companies and agencies, and real estate companies and agencies, in the conduct of their lawful businesses, and in connection therewith and incidental thereto forwarding legal matters to attorneys at law when such forwarding is authorized by the customers or clients of said businesses and is done pursuant to the canons of legal ethics as pronounced by the Supreme Court of Florida.

(2) It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, wrecker service or garage, prison or court, for a person authorized to furnish bail bonds, investigators, photographers, insurance or public adjusters, or for a general or other contractor as defined in s. 489.105 or other business providing sinkhole remediation services, to communicate directly or indirectly with any attorney or person acting on said attorney’s behalf for the purpose of aiding, assisting, or abetting such attorney in the solicitation of legal business or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.

(3) Any person violating any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other valid law, code, ordinance, rule, or penalty now in effect.

History.—ss. 1-4, ch. 59-391; s. 1146, ch. 71-136; s. 1425, ch. 97-102; s. 37, ch. 2006-12.

F.S. 877.02 on Google Scholar

F.S. 877.02 on Casetext

Amendments to 877.02

Arrestable Offenses / Crimes under Fla. Stat. 877.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

S877.02 - PUBLIC ORDER CRIMES - SOLICITATION OF LEGAL SERVICES OR RETAINERS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 877.02

Total Results: 20

THE STREMS LAW FIRM, P.A. and GREGORY SALDAMANDO v. OBRIAN FRAZER

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-03T00:53:00-07:00

Snippet: an insurer for breach of contract, seeking $22,877.02 in damages. Almost a year-and-a-half later, appellee…by requiring appellants to pay their clients $22,877.02, the amount the clients sought as damages in their…appeal, appellants argue that the imposition of $22,877.02 in monetary sanctions was improper and violated…underlying lawsuit. The trial court imposed the $22,877.02 sanction because it represented the amount sought…and as such would be entitled to the entire $22,877.02 in damages. Although there is no Florida case

Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 261 So. 3d 613

Snippet: render legal service." Id. at 777 (quoting § 877.02(1), Fla. Stat. (1981) ). We concluded that the …section 626.8698, Florida Statutes (2017). Sections 877.02, "Solicitation of legal services or retainers

Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 261 So. 3d 613

Joseph P. Smith v. State of Florida

Court: Fla. | Date Filed: 2014-09-11T00:00:00-07:00

Citation: 151 So. 3d 1177, 39 Fla. L. Weekly Supp. 561, 2014 Fla. LEXIS 2754

Snippet: conviction under the statute. Id. at 877. 2 . Claims of ineffective assistance

State v. Palmer

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-26T00:53:00-07:00

Citation: 791 So. 2d 1181

Snippet: the so-called anti-solicitation statute, section 877.02(1), Florida Statutes (1973).[1] Pace argued that…discipline by the Florida Supreme Court, section 877.02(1) violated Article V, section 15 of the state …WOLF and PADOVANO, JJ., concur. NOTES [1] Section 877.02(1), Florida Statutes (1973), provided in pertinent

Amendments Regulating Bar-Advertising

Court: Fla. | Date Filed: 1999-12-16T23:53:00-08:00

Citation: 762 So. 2d 392

Snippet: dismissed, 677 So.2d 840 (Fla. 1996); see also § 877.02, Fla. Stat. (1997) (lawyer anti-solicitation statute…Fla.1980) (upholding constitutionality of section 877.02). [4] For example, Rule Regulating the Florida

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Court: Fla. Att'y Gen. | Date Filed: 1994-07-13T00:53:00-07:00

Snippet: Statutes, for professional engineers. Section 403.0877(2), Florida Statutes, grants DEP the discretion to

SEARCY, DENNEY v. Scheller

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-14T23:53:00-08:00

Citation: 629 So. 2d 947

Snippet: attorney whose fee contract is void for violation of § 877.02(1) is not entitled to quantum meruit fee). These

State v. Weinstein

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-08T00:00:00-07:00

Citation: 623 So. 2d 835, 1993 Fla. App. LEXIS 8952, 1993 WL 337480

Snippet: with violations of sections 817.234(8), (9), and 877.02(1) and (3), Florida Statutes (1991). These statutes

State v. Globe Communications Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-04T00:53:00-07:00

Citation: 622 So. 2d 1066

Snippet: Pace v. State, 368 So.2d 340 (Fla. 1979) [F.S. 877.02(1), the antisolicitation of legal business statute

ROBERT A. SHUPACK, PA v. Marcus

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-13T00:53:00-07:00

Citation: 606 So. 2d 466

Snippet: attorney was void where agreement violated Section 877.02(1), Florida Statute (1981)), rev. denied, 492 So

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Court: Fla. Att'y Gen. | Date Filed: 1991-07-12T00:53:00-07:00

Snippet: . American Surety Company of New York, 99 So.2d 877 (2 D.C.A. Fla., 1958) (where statute sets forth exceptions

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Court: Fla. Att'y Gen. | Date Filed: 1986-12-04T23:53:00-08:00

Snippet: . American Surety Company of New York, 99 So.2d 877 (2 D.C.A. Fla., 1958) (where statute sets forth exceptions

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Court: Fla. Att'y Gen. | Date Filed: 1986-09-22T00:53:00-07:00

Snippet: . American Surety Company of New York, 99 So.2d 877 (2 D.C.A.Fla., 1958) (where statute sets forth exceptions

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Court: Fla. Att'y Gen. | Date Filed: 1986-06-10T00:53:00-07:00

Snippet: . American Surety Company of New York, 99 So.2d 877 (2 D.C.A.Fla., 1958) (where statute sets forth exceptions

Spence, Payne, Masington v. Philip M. Gerson

Court: Fla. Dist. Ct. App. | Date Filed: 1986-02-10T23:53:00-08:00

Citation: 483 So. 2d 775

Snippet: of Gerson was solicited in violation of Section 877.02(1), Florida Statutes (1981), any agreement to employ…because illegally procured in violation of Section 877.02(1), Florida Statutes (1981).[2] That section provides…subsection 1, but rather subsection 2 of Section 877.02, Florida Statutes, which makes it unlawful for

Agudo, Pineiro & Kates v. Harbert Const.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-09-17T00:00:00-07:00

Citation: 476 So. 2d 1311

Snippet: presented in both cases is the applicability of section 877.02, Florida Statutes (1981) to the respective fact…by the doctor/attorney in derogation of section 877.02 *1314 to be void ab initio. In the case at bar,…discussed herein. II. The statute in question, section 877.02, states in relevant part: (2) It shall be unlawful…jurisdiction. Fla.R.Civ.P. 1.140(h). Perhaps section 877.02 (albeit implicitly) suggests an analogous defense…and attorney Pineiro to make certain, as section 877.02 apparently requires, that she was clearly acting

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Court: Fla. Att'y Gen. | Date Filed: 1985-07-31T00:53:00-07:00

Snippet: . American Surety Company of New York, 99 So.2d 877 (2 D.C.A.Fla., 1958) (where statute sets forth exceptions

Thomas v. Ratiner

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-19T23:53:00-08:00

Citation: 462 So. 2d 1157

Snippet: his contract with Nieves in violation of Section 877.02 Florida Statutes (1981) and that said act rendered… him as a lawyer, not as a doctor, thus Section 877.02, Florida Statutes (1981) is not applicable to him…This contention is simply without merit. Section 877.02(2) provides: "It shall be unlawful for any…retainer agreement from Nieves in violation of Section 877.02(2), Florida Statutes (1983). Said violation has… of the Law, Contracts § 512. Certainly Section 877.02, Fla. Stat. (1983) renders formation of Thomas&

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Court: Fla. Att'y Gen. | Date Filed: 1983-11-28T23:53:00-08:00

Snippet: responding state. See, Ray v. Pentlicki, 375 So.2d 875, 877 (2 D.C.A. Fla., 1979); Maloney v. Maloney, supra.