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 file a class action naming himself as the class representative and seek his own attorney's fees?
The opinion concluded a lawyer may not file a class action in which he is a named plaintiff seeking to represent the class while also seeking recovery of attorney's fees for himself for representing t…
Can a lawyer take a federal indigent-defense appointment when his associate is a part-time assistant public defender?
The opinion concluded that, as a matter of legal ethics, a lawyer may accept a federal-court appointment to represent an indigent criminal defendant even though his associate is a part-time assistant …
Can a firm with a part-time assistant state attorney represent a public body when the state attorney is served in that suit?
The opinion concluded the firm may not, because one lawyer's conflict of interest is imputed to the whole firm, so a firm with a part-time assistant state attorney cannot represent a public body in a …
Can a developer's lawyer who is also a title insurance agent keep part of the buyer's title premium as a fee?
The opinion concluded that a lawyer who represents a condominium developer and is also an agent for the title insurer may retain part of the premium the purchaser pays for title insurance as part of h…
Can a Florida lawyer take a cut of a title insurance fee for endorsing a title company's commitment without telling the client?
The opinion concluded a lawyer may not participate in an arrangement where a title company remits a substantial percentage of the title insurance fee to the lawyer for endorsing its commitment without…
Can a part-time city defender also defend private criminal clients?
The opinion concluded that an attorney serving as a part-time city defender may ethically defend private clients in criminal matters in state, county, and municipal courts in the absence of a statute,…
Can a law firm that represents the sheriff in civil matters also handle criminal defense work?
The opinion concluded a firm should not handle criminal defense while it represents the local sheriff in civil matters, citing the appearance of impropriety and a possible conflict of interest; this o…
Can a lawyer talk privately to a represented opposing plaintiff who is also a witness in a related criminal case?
The opinion concluded a lawyer defending a client in both a civil class action and a related criminal case may not confer with a person who is both a represented plaintiff in the class action and a st…
May a lawyer retained by a law enforcement officers' association also privately represent an individual officer-member in a proceeding involving the association's other members?
The opinion concluded that such representation is permissible in general, but cannot be given blanket approval because conflicts can arise, most clearly where the officers' organization is the real co…
May a lawyer who serves on a municipal advisory board represent private clients before other city agencies and courts?
The opinion concluded that, absent a statute or ordinance prohibiting it, the lawyer may represent private clients before other municipal agencies and courts, provided the client's matter has no relat…
May a lawyer sue a hospital when a member of the lawyer's firm sits on the hospital district's commission?
The opinion concluded that it is improper for a lawyer to represent a client suing a hospital when a member of the lawyer's firm is a member of the commission for the hospital district in which the de…
Can a group of lawyers own a corporation that investigates the backgrounds of prospective jurors and sells the service to other lawyers?
The opinion concluded that lawyers may own a corporation that investigates prospective jurors' general backgrounds for a set fee available to members of The Florida Bar, finding no impropriety per se,…
Can a lawyer elected to the state legislature keep representing public bodies created by special acts of that legislature?
The opinion concluded that a lawyer elected to the Florida Legislature may not continue to represent public bodies created by special acts of the legislature, because doing so would create a conflict …
Can a lawyer who once represented both spouses later represent the husband in their divorce?
The opinion concluded that a lawyer who previously represented both husband and wife is not barred by the rules from representing the husband in a later dissolution, so long as the lawyer did not obta…
Can members of a law firm own a controlling interest in a title insurance company they refer clients to?
The opinion concluded that there was no ethical objection to members of a law firm holding a substantial interest in a title insurance company, so long as any client referred to the company is informe…
If a former assistant state attorney joins a firm, can a lawyer who is 'of counsel' to that firm defend people the new partner had helped prosecute?
The opinion concluded that an 'of counsel' lawyer is treated as part of the firm for conflict purposes, so he could not represent criminal defendants in matters the firm's new partner, a former assist…
Can one lawyer represent several clients subpoenaed before the same federal grand jury when the prosecutor may seek immunity for some and prosecute others?
The opinion concluded that a lawyer may not represent multiple clients in the same criminal matter when properly representing any one of them would require seeking immunity, because that effort create…
If a lawyer becomes an assistant state attorney, can he and his law partner keep taking court appointments to defend indigents in federal court?
The opinion concluded that, where a federal judge determines that a shortage of available attorneys creates hardship conditions, a newly appointed assistant state attorney and his partner may continue…
Can a firm accept a case referred by another firm that had to drop a conflicting client, and can it pay that firm a customary referral fee?
The opinion concluded that the receiving firm may represent the referred client where no confidences were violated and it never represented conflicting interests, but it may not pay a customary one-th…
Can a law firm tell a bank that is the named executor about a client's assets, and can it represent that bank as executor after the client dies?
The opinion concluded that, without the client's written consent, a firm may not disclose the client's assets to the bank named as executor, and if the client never consented to full disclosure before…
If one lawyer in a professional association becomes an assistant public defender, can the firm's other lawyers still take criminal cases?
The opinion concluded that if a member of a professional association is employed as an assistant public defender, no other member of that association may handle criminal cases.
Can a lawyer own stock in a bail bond company, and can he send his clients to that company?
The opinion concluded that a lawyer is not prohibited from owning stock in a bail bond corporation, especially where he takes no part in management, but he should not direct clients to the business un…
Can a lawyer defend physicians in a conspiracy suit when his former law partner was president of the hospital at the center of the dispute?
The opinion concluded that the lawyer was not precluded from the representation, provided neither he nor his former partner had represented the plaintiff or had access to confidential or privileged in…
Can a law firm provide 'general legal services' to a mutual fund, including drafting prototype trust instruments for the fund's agents to use with customers?
The opinion concluded that the lawyer should not undertake the proposed representation, because placing a lay agency like a mutual fund between the lawyer and the customer carries inherent conflicts o…
Can a part-time public official run his private law practice out of the government office space provided for his public job?
The opinion concluded that he may not. A part-time public officer should not use public office facilities for his private practice, although occasionally making a telephone call or handling correspond…
Can a law firm put client trust funds into interest-bearing deposits and keep the interest to cover the cost of administering the trust account?
The opinion concluded that it would be improper for the firm to place client trust funds in interest-bearing certificates or deposits to earn interest reimbursing the firm for its administrative expen…
Can the same county attorney serve as legal advisor to both the zoning commission and the board of zoning appeals that reviews the commission's decisions?
The opinion concluded that a lawyer may advise both the zoning commission and the board of zoning appeals, provided that at the review level he never steps outside the role of advisor to become an adv…
When one member of a law firm is a part-time municipal prosecutor, can the firm represent clients in personal injury cases arising from accidents the city's police investigated?
The opinion concluded that the firm and its members may not represent litigants in personal injury actions arising out of automobile accidents that municipal police investigated and charged, while one…
Can a lawyer keep accepting clients an insurance agent refers to him on a recurring basis if there is no payment between them?
The opinion concluded that it is not improper to accept clients referred by an insurance agent on a recurring basis when there is no financial arrangement between the agent and the lawyer, provided th…
After a firm jointly advised a car's driver and owner-passenger and appeared for the driver in traffic court, can another lawyer in the firm sue the driver on behalf of the owner-passenger?
The opinion concluded that the firm could not represent the owner-passenger in a civil action against the driver, because the firm had jointly advised both and appeared for the driver in traffic court…
Does a lawyer have to withdraw from a case just because the opposing party says it will call him as a witness?
The opinion concluded that a lawyer need not withdraw merely because he expects to be called to testify by his adversary; he may continue the representation until it is apparent that his testimony is …
Can one lawyer represent both spouses in a Florida no-fault dissolution of marriage?
The committee was evenly divided and could not resolve whether the no-fault divorce law relaxed the traditional bar on representing both spouses; it advised an attorney intending to do so to seek the …
Can a lawyer who is also a city councilman represent a client in a civil case investigated by that city's police officer?
The opinion concluded the representation is ordinarily proper because the officer typically establishes undisputed scene facts the lawyer need not impeach, but the lawyer should decline if he would ha…
Can a lawyer who sometimes handles criminal defense be appointed a special prosecutor in the same court?
The opinion concluded that, in a bona fide speedy-trial emergency, a lawyer who occasionally defends criminal cases in a court may be appointed a special county prosecutor there for short periods, par…
Can a lawyer represent a current client in a lawsuit against a former client when the prior work was unrelated?
The opinion concluded a lawyer may represent a current client against a former client where the current matter is unrelated to the prior work and the lawyer gained no confidences material to the curre…
Can a lawyer who serves as counsel to a juvenile court also keep a private practice in the same county?
The opinion concluded a lawyer employed as legal counsel for a juvenile court may maintain a private practice in the same county, because the rule barring prosecutors from also defending criminal case…
Can a government lawyer litigate against a former private client without that client's consent?
The opinion concluded that a lawyer who joined the Attorney General's staff should not proceed in litigation against a former private client without that client's consent; with consent there is ordina…
Can a lawyer who serves on the city council defend clients arrested by that city's police?
The opinion concluded a lawyer-councilman may represent a private client in courts other than his city's municipal court, but neither he nor his partners and associates may contest the evidence of the…
Can a lawyer appointed a special assistant state attorney for a limited matter still defend criminal cases in other courts?
The opinion concluded a lawyer appointed an assistant state attorney in a limited, special capacity may defend criminal cases in courts other than the one where he is prosecuting, including federal co…
Can a practicing lawyer also serve as executive director of a private association that has its own separate counsel?
The opinion concluded there is nothing unethical about a practicing lawyer also serving as executive director of a private association represented by other counsel, provided the association's lawyer i…
Can a plaintiff's lawyer contact a defendant's insured directly to seek an assignment of a bad-faith claim before judgment?
The opinion concluded that a plaintiff's lawyer negotiating with an insurer may not contact the insured directly before judgment to request assignment of the insured's bad-faith right of action; such …
Can a lawyer paid by an insurer keep representing the insured when a coverage dispute arises between them?
The opinion concluded that a lawyer retained by an insurer to represent the insured may continue to do so even on matters affecting coverage, owing no duty to the carrier on coverage, but must withdra…
Can a former IRS agent later represent a taxpayer on the same returns he examined for the government?
The opinion concluded that a lawyer who, as an IRS employee, examined a taxpayer's returns is precluded from later representing that taxpayer on the same years' returns, even if the later examination …
Can a lawyer withdraw from representing one client and then represent another client against him in an unrelated dispute?
The opinion concluded that where a dispute between two of the lawyer's clients has no relationship to his representation of either and he received no information about the dispute from the client he w…
Can a part-time city prosecutor or the prosecutor's firm take criminal defense work in other courts?
The opinion concluded that, absent the unavailability of other counsel, neither a part-time city prosecutor nor members of his firm may handle criminal defense work in any court.
Can a lawyer represent a new client in a suit brought by a former client when the new suit is unrelated to the prior work?
The opinion concluded that an attorney may represent a client in an action against a former client where the matter in litigation is unrelated to the prior representation, provided the attorney uses n…
Can a lawyer who places a client's investments charge a full fee and also keep a finder's fee from the institution?
The opinion concluded that a lawyer investing client funds may not both charge the client a full fee and keep a finder's fee from the institution; the client must receive the benefit of the finder's o…
Can a lawyer who sued for a tax assessor to settle ownership then represent one of the rival claimants in that suit?
The opinion concluded that a lawyer who, as counsel for a tax assessor, filed a declaratory judgment action to determine which claimant owned property and reviewed the title proof may not then represe…
Can a lawyer represent both a corporation and its principal in consolidated suits where one is plaintiff and the other a defendant?
The opinion concluded that the lawyer could represent both the corporation and the principal in the consolidated litigation if their interests were not actually or potentially differing, informed cons…
Can a lawyer who represented both buyer and seller later pursue a claim against the former seller-client over documents the lawyer prepared?
The opinion concluded that a lawyer may not participate in asserting a claim against his former client, the seller, in connection with alleged warranties in instruments the lawyer prepared for both pa…
Can a lender's lawyer charge the borrower or seller for the lender's attorney fees, and does that create a conflict?
The opinion concluded that there is no impropriety in a mortgage company requiring borrowers or fund recipients to bear or contribute to its attorney's fee, but that a party other than the borrower ch…
Can a lawyer sue a corporation his firm once organized, or one of its principals, in an unrelated matter?
The opinion concluded that a lawyer may represent a plaintiff against a corporation his firm organized, or against a principal, provided the suit is unrelated to the incorporation work and no relevant…
Can a town attorney and prosecutor temporarily sit as judge of the same municipal court?
The opinion concluded that an attorney should not sit even temporarily as judge of a court in which he is normally the prosecuting officer, because his role as legal advisor to the arresting officers …
Can a legal aid staff attorney defend a case brought by a plaintiff who is represented by a lawyer serving on the legal aid organization's board of directors?
Yes, provided informed consent is obtained from both litigants and the board of directors is completely removed from the attorney-client relationship between the staff attorney and the defendant.
Can a county attorney defend property owners in a condemnation suit brought by the county school board?
The opinion concluded that a county attorney should not represent defendants in a condemnation suit brought by the Board of Public Instruction, even though he does not represent that board, because of…
Can a lawyer regularly employed by a city board represent private clients before the city's governing board?
The opinion concluded that an attorney employed on a regular basis by a municipality or its boards or commissions should not represent private clients before the governing board of the city.
Can a former assistant city attorney represent a private client in a zoning matter involving that city?
The opinion concluded that a former assistant city attorney who performed no services for three years, formalized his withdrawal with the council, and gained no information adverse to the city may rep…
Can a law firm represent both a condominium developer and the residents' association the developer controls?
The opinion concluded that a firm may represent both a condominium developer and a residents' association temporarily controlled by the developer, absent antagonistic interests, provided the protectio…
Can one lawyer serve at the same time as both public defender and county prosecutor?
The opinion concluded that an attorney may not simultaneously serve as a Public Defender and a County Prosecuting Attorney, because the two positions fundamentally conflict under Canon 6.
Can a lawyer defend someone in a criminal case while suing that same person in an unrelated civil case, if everyone consents?
The opinion concluded that it would not be proper for an attorney to defend a criminal defendant while simultaneously representing a personal injury plaintiff in an unrelated civil suit against that s…
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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.