The Florida Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the The Florida Bar, with full citations and source links on every page.
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Can a lawyer communicate directly with a party who is litigating pro se but is represented by counsel only in a related matter?
The opinion concluded that opposing counsel may communicate with a pro se individual about the litigation in which that person is unrepresented, even though the person has a lawyer in a related matter…
Can a law firm make an associate sign an employment agreement that financially penalizes the associate for taking firm clients after leaving?
The opinion concluded that the employment agreement's provisions violated Rule 4-5.6(a), which bars restricting a lawyer's right to practice after termination, because they created a substantial finan…
Can a prosecutor advise crime victims about a civil restitution lien remedy without creating an attorney-client relationship?
The opinion concluded that an assistant state attorney may advise crime victims that the civil restitution lien remedy exists, but must tell victims the attorney represents only the state and should a…
Can a lawyer who is a title insurance agent let the insurer audit the lawyer's trust accounts without client consent?
The opinion concluded that an attorney/title-insurance agent may not permit the insurer to audit a general trust account without the affected clients' consent, but may permit an audit of a special tru…
Do the different-firm fee-division rules apply when a departing lawyer keeps a share of a case she brought to her old firm?
The opinion concluded that an agreement dividing a fee between a firm and a lawyer who brought the case is not subject to the rules governing divisions between lawyers in different firms when the lawy…
What must a lawyer do when two clients' interests become adverse and the court denies the motion to withdraw?
The opinion concluded that a lawyer representing two clients whose interests become adverse must move to withdraw; if the court denies the motion, Rule 4-1.16(c) requires the lawyer to continue the re…
Can a lawyer practice in two separate law firms at the same time?
The opinion concluded that a lawyer is generally not precluded from practicing simultaneously in two separate, bona fide law firms, but the arrangement must avoid deceptive conduct, misleading adverti…
Can two separate law firms form a joint venture to handle personal injury and wrongful death cases together?
The opinion concluded that the rules and committee opinions do not contemplate joint venture arrangements between law firms, and that it is improper to form a third firm solely to evade the limits on …
What must a lawyer do after receiving an opposing party's privileged documents that were sent by mistake?
The opinion concluded that an attorney who receives confidential documents of an adversary through an inadvertent release is ethically obligated to promptly notify the sender of the receipt, leaving a…
What is a lawyer's ethical duty when the IRS demands information on a Form 8300 that the lawyer believes is confidential or privileged?
The opinion concluded that a lawyer who claimed confidentiality on a Form 8300 must, if served with a facially sufficient summons, make a good-faith determination whether a privilege applies, assert a…
Which fees must a lawyer hold in the trust account, and are nonrefundable or true retainers earned on receipt?
The opinion concluded that earned fees, including true retainers and agreed nonrefundable fees, are not placed in trust, while unearned fees and advances for costs must be, and that a flat fee coverin…
Can a lawyer sign a letter indemnifying a surety that issued a cost bond for the lawyer's out-of-state client?
The opinion concluded that a lawyer may not give a letter of indemnification to a bonding company for an out-of-state plaintiff's cost bond, because there is no ethical distinction between standing su…
Must a lawyer who subpoenaed a physician as an expert witness pay the expert's fee if he didn't tell the expert beforehand that the fee was the client's responsibility?
The committee concluded that where a lawyer subpoenaed a physician to give expert testimony and did not tell the physician until after the testimony that he considered the fee a client obligation, the…
May a personal injury lawyer help arrange loans to clients and serve as trustee to ensure the loan company is repaid from the recovery?
The opinion concluded that a lawyer's participation in a plan to refer personal injury clients to a loan company and to sign a trust declaration making the lawyer trustee for the lender would be uneth…
May a legal aid organization assist two opposing parties who both apply for help, and on what conditions?
The opinion concluded that a legal services organization may not represent opposing parties, but, with safeguards, may assign each opposing party to a separate pro bono attorney, or represent one whil…
May a lawyer enter a referral and fee arrangement with a public adjusting firm that solicits accident victims and shares in the lawyer's fee?
The opinion concluded that it is unethical for a lawyer to participate in such an arrangement, which would involve improper fee-splitting with a nonlawyer, improper solicitation, and assisting the unl…
When may a Florida lawyer divide a fee with an out-of-state attorney who is not a member of The Florida Bar?
The opinion concluded that a Florida lawyer may divide a fee with a practicing out-of-state attorney who provides services or assumes joint responsibility under Rule 4-1.5, but not with a non-Florida …
May a lawyer report a client who has not paid fees to a credit reporting service?
The opinion concluded that a lawyer may report a delinquent client to a credit reporting service only if the client is a former client, no confidential information unrelated to collecting the debt is …
Does Florida's no-contact rule apply to U.S. Department of Justice attorneys who communicate with represented suspects or witnesses?
The opinion concluded that Florida Rule 4-4.2 contains no exception for Justice Department attorneys; the rule has no 'authorized by law' exception, and the Supremacy Clause does not exempt federal pr…
Can a lawyer pay a referral fee to a referring attorney who became suspended or disbarred after the fee-division agreement was signed?
The opinion concluded that a referring attorney who is suspended, disbarred, or resigns after a proper fee-division agreement is signed may be paid on a quantum meruit basis for the responsibility ass…
Must a criminal defense lawyer tell the court that the client has left the state to avoid a court appearance?
The opinion concluded that, under most circumstances, defense counsel may not divulge that a client has left the state to avoid a court appearance until required at the scheduled appearance, and even …
Does a lawyer violate the no-contact rule by serving a statutorily required notice directly on a represented adverse party?
The opinion concluded that a lawyer does not violate Rule 4-4.2 by complying strictly with a statute requiring notice or service of process directly on the adverse party, provided the contact is stric…
May a law firm let a paralegal conduct a real estate closing when no lawyer from the firm is present?
The opinion concluded that a law firm may permit a trained nonlawyer employee to conduct or attend a real estate closing with no firm lawyer present if conditions are met, including lawyer supervision…
Can a law firm hire a nonlawyer to solicit business and pay them a commission on the fees they bring in?
The opinion concluded that a nonlawyer may do only the marketing a lawyer may ethically do (not in-person or telephone solicitation), may not be paid commissions tied to legal fees, and may not use a …
Can a lawyer interview a represented corporation's former employees and former managers without the corporation's lawyer's consent?
The opinion concluded that a lawyer may communicate ex parte with former managers and former employees of a represented corporation without the corporation's lawyer's consent, unless those individuals…
Can a lawyer threaten criminal prosecution to gain an advantage in a civil case?
The opinion concluded that a lawyer may not bring, participate in bringing, or threaten to bring criminal charges solely to gain an advantage in a civil matter or for harassment, even though the Rules…
Can a lawyer who refers a personal injury case away because of a conflict still collect the 25% referral fee?
The opinion concluded that a lawyer who refers a personal injury case because of a conflict may not take the 25% referral fee; the lawyer may receive only the reasonable value of services performed be…
Can a lawyer run a second business or share office space with a nonlawyer from the same premises?
The opinion concluded that a lawyer may practice two professions from the same premises and may share office space with a nonlawyer, but must preserve client confidences, post separate signs to avoid …
Can a law firm set up a separately named storefront company to take in the public's legal inquiries and funnel them to the firm?
The opinion concluded that the proposal had ethical defects: the company would operate as a lawyer referral service subject to the referral-service rule, its name would be misleading, and Florida lawy…
Can a lawyer take assignments from a temporary-lawyer staffing agency that rents lawyers to firms?
The opinion concluded that a lawyer may accept assignments from a temporary-lawyer agency only if confidentiality, conflicts, professional independence, unauthorized-practice, and fee-division concern…
Can a discharged lawyer keep the client's case file until advanced costs are paid?
The opinion concluded that a law firm discharged before the litigation concludes may assert a retaining lien on the case file until advanced costs are reimbursed or guaranteed, subject to the ethical …
When a client stops paying, can the lawyer sue for fees or take other action against the client during the representation?
The opinion concluded that a lawyer whose client has reneged on a fee agreement should not take action adverse to the client until the representation has ended; if the nonpayment compromises the lawye…
Can a lawyer who regularly represents an insurer serve as that insurer's party-appointed arbitrator on a tripartite panel?
The opinion concluded that an insurance defense lawyer may serve as a non-neutral, party-appointed arbitrator on a tripartite panel in a proceeding involving a regular client, provided the relationshi…
Do Florida's contingent-fee limits and Statement of Client's Rights apply to Florida lawyers practicing out of state or working with out-of-state co-counsel?
The opinion concluded that choice-of-law principles, turning on which jurisdiction has the most significant relationship to the client and case, determine whether Florida's contingent-fee schedule and…
Can a nonlawyer employee or paralegal conduct the initial interview with a new client?
The opinion concluded that having a nonlawyer conduct the initial client interview is not impermissible per se, though it is discouraged; the lawyer must supervise closely, the nonlawyer must disclose…
After a case ends, can a lawyer contact the opposing party directly to gather evidence that opposing counsel was negligent?
The opinion concluded that it would be improper for a lawyer to contact the opposing party directly to gather evidence of opposing counsel's neglect; the lawyer should direct any inquiry to the lawyer…
Can a Florida lawyer let a nonlawyer employee sign the lawyer's name to notices of hearing and other pleadings?
The opinion concluded that a lawyer may not under any circumstances permit a nonlawyer employee to sign the lawyer's name, even with the employee's initials, to notices of hearing or other pleadings, …
Can a lawyer put 'Juris Doctor' on letterhead and business cards, and can it be used in advertising?
The opinion concluded that a lawyer may use 'Juris Doctor' on letterhead and business cards because it is neither false nor misleading there, but its use in advertising could be misleading and must be…
Can a lawyer assert a retaining lien on client funds that were entrusted for a specific purpose if some of the money turns out not to be needed?
The opinion concluded that an attorney may not assert a retaining lien against any portion of funds entrusted for a specific purpose, even if some portion proves unnecessary for that purpose, unless t…
In a divorce case, can a lawyer make the client's fee obligation contingent on the court ordering the other spouse to pay the fees?
The opinion concluded that an attorney's fee in a dissolution of marriage action may be made contingent on the court ordering the opposing spouse to pay the fee, because that contingency is not the pr…
Can a former judge note that former judicial title under a signature on letters, and does it matter whether the matter relates to law practice?
The opinion concluded that a former justice or judge may indicate the former judicial position under a signature on letters to attorneys and others about matters unrelated to the practice of law, but …
Can a bank charge borrowers for its in-house counsel's loan-closing work and pay that lawyer a bonus based on those charges?
The opinion concluded that a bank may require borrowers to reimburse the bank's actual cost of in-house counsel's loan-closing services and may pay that lawyer a bonus on those charges, but only if th…
When the opposing party is a government agency with counsel, which of its employees can a lawyer interview without the agency lawyer's consent?
The opinion concluded that the no-contact rule applies to government-agency parties the same way it applies to corporations: a lawyer may not contact management or any employee whose act or omission m…
Can one lawyer represent several codefendants in the same lawsuit when they could point fingers at each other?
The opinion concluded that a lawyer may represent multiple codefendants with a potential conflict only if the lawyer reasonably believes no client's representation will be adversely affected and each …
Can a Florida lawyer donate legal services, like a will, to be auctioned or given as a door prize by a charity?
The opinion concluded that a lawyer may donate a will or other specified legal service for a charity auction or door prize, overruling earlier contrary opinions, provided the lawyer ensures the charit…
If a malpractice insurer can settle without the physician's consent, can one lawyer represent both the physician and the insurer?
The opinion concluded that a lawyer may represent both only after consulting each about the policy's settlement clause and obtaining consent, may not negotiate a settlement for the insurer when the ph…
Must a criminal defense lawyer disclose a client's prior convictions at sentencing if the prosecutor and court are unaware of them?
The opinion concluded that defense counsel has no duty to disclose a client's record of prior convictions to correct an incomplete sentencing record, provided that neither the lawyer nor the client af…
Which older Florida ethics opinions on lawyer advertising and solicitation are no longer good authority?
The opinion withdrew a long list of pre-1978 committee opinions touching advertising and solicitation as obsolete, recognizing that the constitutional and rule changes following Bates had overtaken th…
When a paralegal or legal secretary leaves a firm to work for opposing counsel, what are the two firms' duties, and is the hiring firm disqualified?
The opinion concluded that a hiring firm is not automatically disqualified when it hires a nonlawyer who worked for opposing counsel, but the hiring firm must not seek or use the former firm's client …
Can a law firm list paralegals and legal assistants on its letterhead and give them business cards with the firm name?
The opinion concluded that nonlawyer employees may be listed on a law firm's letterhead with titles signifying their nonlawyer status, and may be issued business cards bearing their name and title wit…
Can a Florida lawyer charge interest on unpaid fees and on advanced costs?
The opinion concluded that a lawyer may charge a lawful rate of interest on liquidated fees and on advanced costs, either by advance written agreement or, absent an agreement, upon reasonable notice; …
Can a Florida law firm use the word 'Associates' in its firm name?
The opinion withdrew the committee's earlier opinions barring the term 'Associates' and directed lawyers to follow the Florida Supreme Court's Fetterman decision, which permits the term where the name…
If a client becomes mentally ill during her divorce case, must the lawyer withdraw, and can the lawyer seek a guardian over the client's objection?
The opinion concluded that the lawyer is not required to withdraw and instead has a duty to safeguard the client's interests, and may seek appointment of a guardian, even over the client's objection i…
Can a Florida lawyer send a statutory worthless-check notice on a client's behalf without it being an improper threat of criminal prosecution?
The opinion concluded that sending the statutorily prescribed worthless-check notice on a client's behalf is not an impermissible threat of criminal prosecution, provided the notice states it is given…
Can a lawyer who served as intermediary in a private adoption reveal the natural parents' identity to the adoptive parents so they can sue to recover money paid?
The opinion concluded that, where the natural parents' identity was never disclosed and was not intended to be revealed, the attorney who acted as intermediary may not reveal it to the adoptive parent…
Must a lawyer drop a long-time client when the opposing party joins a group that the lawyer's partner represents in a completely unrelated matter?
The opinion concluded that the lawyer need not withdraw, because the two matters are entirely unrelated and the opposing party was never the lawyer's client, so continued representation is proper afte…
Can a lawyer join a barter exchange and take goods and services instead of cash for legal fees?
The opinion concluded that a lawyer may join a barter exchange when membership is a flat annual fee rather than a percentage of legal fees, when the exchange furnishes members a list of attorney membe…
After a firm withdraws because a new partner had represented the opposing party, may the firm meet with the client's substitute counsel to hand off the case?
The opinion concluded that the withdrawing firm may hold transitional conferences with the client's new counsel about the status and issues of the case, provided it does not breach the confidences or …
Can a lawyer who is a shareholder in a law firm try the firm's own fee-collection suit when other firm shareholders will testify?
The opinion concluded that a shareholder-attorney may represent her incorporated firm at trial in a suit against a former client for the firm's fees, even though other shareholders will be witnesses, …
Can a lawyer include a religious statement like 'Jesus Is Lord' and a dove in a law firm advertisement?
The opinion concluded that including the statement 'Jesus Is Lord' and a drawing of a dove in a lawyer's advertisement does not violate the Code of Professional Responsibility, because it is personal …
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Legal ethics opinions from the The Florida Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.