Is the most simple, “rear-ender” or “whippy” personal injury case more complicated than a multi-defendant complex federal white-collar criminal case? Is there a reason why a referral fee is allowed under the Florida Bar Ethics Rules in the personal injury case, and not in the criminal case? Is it not as important to have the most competent representation in both cases? Why the disparity and what is the result of this inequality?

The way the rules now stand, it would appear that the Florida Bar feels that personal injury/medical malpractice is such a complex field, that the public is better off if less competent lawyers, or those competent in other areas of law, refer cases to those who specialize in personal injury cases. The public, it would appear, is better off with those specializing in, or at least who are seen as more competent in personal injury, to have their cases referred to.

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