Can a Florida lawyer employ an attorney who is not admitted in Florida as a research assistant?

Plain-English summary

A Florida lawyer was considering employing, on a salaried basis, a research expert who had been a member of the New York Bar in good standing for more than 35 years and was now a Miami Beach resident. The assistant's work would be under the inquirer's supervision and solely for the inquirer's own use.

The committee saw no impropriety so long as the research assistant did not deal with clients or otherwise perform acts constituting the practice of law, and limited his participation solely to research under the immediate supervision of the inquiring attorney or another member of The Florida Bar. It added that he could not be held out to the public in any manner as an attorney or a person performing legal services, whether by a listing on a letterhead, a door, a shingle, or in a legal or telephone directory. The committee cited its earlier Opinions 62-6, 65-53, and 68-7, all of which it noted have since been withdrawn.

Currency note

This opinion was issued in 1968, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Canons 27 and 47. The unauthorized practice of law and supervision of others are now addressed by Rule 4-5.5 (and Rule 4-5.3 on nonlawyer assistance), and holding-out and letterhead questions by Rule 4-7.21. As the bar's own note records, lawyer advertising is now governed by Rules 4-7.11 through 4-7.22. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a Florida lawyer hire an attorney admitted only in another state to do research?

A: Under this opinion, yes, provided the assistant does not deal with clients or otherwise practice law, works under immediate supervision, and limits his participation to research.

Q: Can the out-of-state attorney be listed on the firm's letterhead?

A: No. The committee said the assistant may not be held out to the public as an attorney in any manner, including by a listing on a letterhead, door, shingle, or in a legal or telephone directory.

Background and rules framework

The opinion applied the former Canons 27 and 47, governing holding-out and aiding the unauthorized practice of law. The unauthorized practice of law and supervision are now addressed by Rule 4-5.5 of the Rules Regulating The Florida Bar, and firm names, letterhead, and holding-out by Rule 4-7.21; the Model Rule analogues are Rules 5.5 and 7.5.

Citations and references

Rules of Professional Conduct:

• Canons 27 and 47 [Code of Professional Responsibility; UPL now in Rule 4-5.5, letterhead in Rule 4-7.21]

Other opinions cited:

• Florida Opinions 62-6, 65-53, and 68-7 [all since withdrawn]

See also

• FL Bar Ethics Op. 68-58: Naming a Professional Association
• FL Bar Ethics Op. 69-8: Patent Lawyer Directory Listings

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-68-49/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-68-49-2.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 68-49
December 11, 1968
Advisory ethics opinions are not binding.
An attorney may employ an attorney who is not a member of The Florida Bar, as a research assistant, provided the unadmitted attorney does not deal with clients nor otherwise perform acts constituting the practice of law and limits his activities solely to research under the immediate supervision of a member of The Florida Bar. The assistant may not be held out to the public as an attorney by a listing on a letterhead or elsewhere.
Note: Lawyer advertising rules are now in Rules Regulating The Florida Bar 4-7.11 through 4-7.22.
Canons: 27, 47
Opinions: 62-6, 65-53, 68-7
Chairman MacDonald stated the opinion of the committee:
A member of The Florida Bar inquires as follows:
I am considering employing, on a salaried basis, a research expert who has been a member of the New York Bar in good standing for over 35 years. He is presently a resident of Miami Beach, Florida. This gentleman's work would be under my supervision and solely for my own use.
We see no impropriety in this matter so long as the research assistant does not deal with clients nor otherwise perform acts constituting the practice of law, and limits his participation solely to research under the immediate supervision of the inquiring attorney or another member of The Florida Bar. Obviously, he may not be held out to the public in any manner as an attorney or a person performing legal services, either by listing on a letterhead, a door, a shingle, or in a legal or telephone directory.
See our Opinions No. 62-6 [since withdrawn], No. 65-53 [since withdrawn], and No. 68-7 [since withdrawn].