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 private law firm on retainer to a railroad use the railroad's company stationery marked 'Law Department' and 'Division Counsel'?
The firm could use 'Division Counsel' stationery only in dealings with the railroad's own employees or representatives, and could not use the 'Law Department' designation at all, because the firm's me…
Can a law firm note on its office door that one of its members is a state senator?
The opinion concluded that a law firm may not display on its office door the fact that the office is also the office of a firm member who is a state senator.
Can a patent lawyer be listed in the phone directory under both patent lawyers and lawyers headings?
The opinion concluded that a Florida lawyer duly qualified to practice before the United States Patent Office may be listed in the classified telephone directory under both the patent lawyers heading …
Can a bar association set up a bank-financed plan to let clients finance their legal fees through installment loans?
The opinion gave general approval to a proposed legal services financing plan in which banks lend clients the fees on the clients' own credit, finding no ethical impediment so long as the lawyer is no…
Can a lawyer display both an LL.B. and a J.D. diploma when the J.D. was issued as a substitute for the LL.B.?
The opinion concluded that it would be improper for a lawyer to display both an LL.B. diploma and a J.D. diploma when the J.D. was granted as a substitution for the LL.B., because doing so would tend …
Can a lawyer use a postage meter that prints a short slogan alongside the postage?
The opinion concluded that there was no ethical objection to a lawyer using a postage meter imprinting the message 'Law, Rule of Right, Not Might.'
Can a lawyer speak at a bank-sponsored estate planning seminar held for residents of an apartment building?
The opinion concluded that a lawyer may participate as a speaker in a bank-sponsored estate planning seminar held at an apartment house, where the talk addresses estate planning in general and the ann…
Can a lawyer take part in a public mock-court education program run by a legal secretaries association and the local bar?
The opinion concluded that a lawyer may participate in the St. Petersburg Legal Secretaries Association's annual 'Days in Court' public education project, sanctioned by the local bar association, incl…
Can a law firm send out an announcement of a merger and a new out-of-town office that lists the members' names and the cities where they practice?
The opinion concluded that a firm opening an additional office in another city coincident with a merger may announce both events, and the announcement may list the individual members of the merging fi…
Can a Florida law firm rent office space to a nonlawyer arbitrator and list the arbitrator's name on the office door?
The opinion concluded that, although sharing office space with a nonlawyer is not to be encouraged, the firm may place the arbitrator's name on the office door so long as the listing is clearly separa…
Can a law firm join a downtown civic council that promotes the business district, and have its partners listed individually on the membership rolls?
The opinion concluded that a law firm may belong to a downtown council organized to promote civic interest in the downtown area, with the membership listed in the partners' individual names rather tha…
Can a lawyer represent a credit bureau and also handle the collection matters it forwards, with the bureau gathering the litigation information and the lawyer's secretary working on the bureau's premises?
The opinion concluded that a lawyer may represent a credit bureau in its own affairs, but may not let the bureau procure the information needed for litigation, may not locate his part-time secretary o…
Can a firm add a new partner's name to the firm name while keeping a deceased partner's name in it?
The opinion concluded that adding a new name to a firm name that already includes a deceased partner's name is not necessarily improper, provided the deceased partner's name is properly retained under…
Can a lawyer let a newspaper reporter look at the lawyer's own copy of a deposition filed in a public-interest civil case?
The opinion concluded that the lawyer may let a reporter inspect his copy of the deposition if it is available for public inspection in the clerk's office, the reporter initiated the request, and the …
Can a law firm with offices in two cities use letterhead that lists all of the firm's lawyers and shows both office addresses?
The opinion concluded that a firm with active offices in two Florida cities may use stationery listing all of its lawyers and showing the addresses and telephone numbers of both offices, especially wh…
Can a lawyer print her name, address, and 'Attorney at Law' on the checks she uses in her law practice?
The opinion concluded that a lawyer may print her name, address, and the designation 'Attorney at Law' on checks used in her practice, where this is done simply to give useful identifying information …
Can a Florida lawyer write directly to insurance companies to place mortgage loans for clients?
The opinion concluded that a lawyer may write directly to life insurance companies to obtain loans for clients, provided the letter does not directly or indirectly suggest that the lawyer or his offic…
Can a Florida lawyer write a general-interest legal column for a local newspaper?
The opinion concluded that a lawyer may write a newspaper column that discusses general matters of law, so long as it does not advise on any specific or individual problem and the lawyer is not identi…
Can a lawyer notify former will clients that a change in federal tax law may affect the wills the lawyer drafted for them?
The opinion concluded that a lawyer may notify clients whose wills the lawyer prepared of changes in federal tax law that may affect those wills, subject to conditions, and that any indirect suggestio…
Can a law firm give its will clients a printed memorandum, bearing the firm's name, explaining events that could affect their wills?
The opinion concluded that a firm may give testators of wills it prepared a printed memorandum bearing the firm's name that generally explains how asset changes or family events could affect a will, a…
Can a Florida lawyer list an out-of-state lawyer's name on the firm letterhead when they work together but are not partners?
The opinion concluded that it is improper to list an out-of-state lawyer's name on a Florida firm's letterhead when no partnership exists between them, even though they work jointly on many matters.
Can a law firm obtain Florida Bar pamphlets for a savings and loan association to display and distribute to the public?
Yes. The committee found nothing improper in a firm securing copies of a Florida Bar will pamphlet for a savings and loan association to display and distribute to the public, and commended the practic…
Can a contributing author's brief biographical sketch be included in a Continuing Legal Education manual?
Yes. The committee found it not improper to include a brief, dignified biographical sketch of a contributing author, which might name the author's law firm, because the CLE manuals were distributed on…
Can a lawyer participate in a for-profit corporation that offers legal services alongside architectural, engineering, and accounting services to the building trade?
No. The committee found it highly improper for a lawyer to participate in a profit-making corporation rendering combined legal, architectural, engineering, accounting, and surveying services that adve…
Can a firm keep a partner's name in the firm name after he becomes a judge, and may a long-deceased predecessor's name stay on the letterhead?
No to the judge: a partner who becomes a judge and is precluded from practice must be dropped from the firm name. A majority found the long-deceased predecessor's name could still be listed on the let…
Can lawyers and judges take part in an educational television program that discusses legal matters for the public?
The committee encouraged a noncommercial, bar-sponsored educational television program, with one reservation: actual cases should not be discussed and hypothetical situations should be substituted, wi…
Can a lawyer planning to run for public office hand out campaign cards showing only his name and city, with no mention that he is a lawyer?
Yes. The committee found no Canon violation in a lawyer-candidate distributing cards bearing only his name and city, with no reference to his profession, provided the cards are not used to solicit leg…
Can a lawyer organize an association of bank attorneys and send a letter inviting interested lawyers to join?
Yes. The committee found no ethics problem in organizing an association of bank attorneys and nothing improper in circulating a proposed letter to lawyers who might be interested.
Can a lawyer suspended from practice keep his name listed as an attorney in directories, and will the bar interpret the terms of his suspension?
The committee declined to interpret the terms of a Supreme Court suspension order, holding it has no jurisdiction to do so, and advised that a suspended member should not consent to his name appearing…
Can a lawyer leave a stack of business cards with a bank or business so its officers can hand them out to refer customers?
No. The committee concluded it is improper for a lawyer to leave a supply of professional business cards with a bank, savings and loan, or business officer so the cards can be used to refer customers,…
Can a lawyer whose office is in a hotel use the hotel's address and telephone number for the law office?
Using the hotel's street address is not improper since the office is actually located there. Using the hotel's main telephone as the office line may be improper because business could be channeled to …
Can lawyers and judges appear under their own names on a public service television program dramatizing real cases?
Yes. The committee concluded that lawyers and judges may appear on a public service television program emphasizing cases and subjects of public interest, using their own names and being identified as …
Can a lawyer write a letter on office letterhead endorsing a political candidate and inviting the candidate to publish it?
Yes, on these facts. The committee found no basis for discipline where a lawyer used office letterhead to endorse a candidate, but cautioned that the answer would differ if the letter was intended to …
Can a lawyer run a law office out of his home and list his home address and phone number on a business card?
Yes. The committee found no objection to a lawyer maintaining a law office in his home, using his home telephone for business, and listing his residence address and telephone number on a professional …
May a lawyer write a regular newspaper legal column and answer readers' general questions?
Yes, within limits. The committee found it not improper for a lawyer to write articles for a weekly newspaper and answer general questions from subscribers, so long as the column deals only with gener…
May a lawyer write a series of general legal-information articles for a local free newspaper?
Yes. The committee concluded a lawyer may write articles giving general information on the law, so long as he does not answer questions of a specific nature or attempt to advise individuals about thei…
May a Florida lawyer list on the firm letterhead the other states in which the lawyer is admitted to practice?
Yes. The committee concluded that, after the Florida Supreme Court's 1980 amendments to the advertising rules, a lawyer admitted to practice in Florida may indicate on the letterhead the other states …
Can a Florida lawyer state on an office sign, letterhead, or business card that he is also a registered real estate broker?
The opinion concluded that after the 1979 deletion of DR 2-102(E), a lawyer may indicate on a sign, letterhead, or business card that he is a registered real estate broker, though the committee cautio…
Can a Florida lawyer practice law and real estate from the same office?
The opinion concluded that, after the 1979 deletion of DR 2-102(E), a lawyer may engage in the practice of law and real estate from the same office, though the committee cautioned against a feeder rel…
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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.