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 who took over a case from a lawyer who was later disbarred share the fee with the disbarred lawyer for work done before the disbarment?
The opinion concluded that the successor lawyer could divide the fee with the disbarred lawyer only to the extent the disbarred lawyer fairly earned it through services and responsibility before disba…
If a seller's attorney prepares all the closing documents in a real estate deal, can the attorney bill the buyer for part of the fee when the buyer never hired or agreed to pay him?
The opinion concluded that an attorney should not send a statement for fees and costs to a buyer who never became legally obligated to pay, though because the buyer can simply refuse to pay it, the co…
Can a lawyer agree to prepare wills for a client and the client's coworkers, contact those coworkers, and offer a volume discount on the fees?
The opinion concluded that the lawyer may tell the coworker who contacted him that he is willing to prepare the wills, but may not initiate contact with the company or the other employees, must form a…
Can a lawyer take over cases from a disbarred lawyer, and can the lawyer pay or split a fee with the disbarred lawyer for work done before disbarment?
The opinion concluded that a lawyer should not accept case referrals directly from a disbarred lawyer, but may take over the disbarred lawyer's matters when the client makes the request and fee arrang…
Can a wife's divorce attorney enforce a court-ordered fee against the husband when doing so might interfere with the support payments the wife and children depend on?
The opinion concluded that the attorney may move to enforce the court-ordered fee, but if the husband cannot pay both the fee and essential support, the attorney should subordinate enforcement of his …
Is it a conflict for a lawyer to represent a bank while being paid by a client whose business the bank and an insurance company solicited?
The opinion concluded that the arrangement created a conflict of interest and was improper, following its companion Opinion 64-71; it also flagged that the lawyer's set fee had to bear a reasonable re…
Can a lawyer prepare estate analyses for insurance agents to use with their prospects, with the fee tied to insurance sales?
The opinion concluded that preparing the analyses for the agents was improper as practice through an intermediary, and that, even otherwise, a fee made contingent in whole or part on the sale of insur…
Can a lawyer do a savings and loan association's general legal work for free or a nominal fee in exchange for its title-examination work, and how are the title fees handled?
A majority concluded that a lawyer may do an association's non-title legal work gratuitously or for a nominal fee, treating the title-examination fees as aggregate compensation; the title fees must be…
Can a mortgage company's attorney charge the seller a fee at a closing where the attorney represents the lender and the seller has no lawyer?
Three responding members concluded that the lender's attorney may not charge the seller a fee absent an agreement with the seller, but may collect a reasonable fee, as part of the closing costs, where…
Can a lawyer set a fee in advance for handling a client's estate through a provision in the will or a separate agreement?
The committee found no ethics problem with a lawyer setting a reasonable estate-handling fee in advance, by a will provision or separate agreement, while noting the lawyer is under no duty to fix fees…
Can a bank require its own attorney to pass on title and make the borrower pay that attorney's fee, even if the borrower's own lawyer duplicates the work?
Yes. The committee found it not improper for a bank to require, as a condition of the loan, that its attorney examine title and that the borrower bear that fee, even though the borrower's own attorney…
Can a lawyer accept a referral fee or commission for placing a client's funds without telling the client?
No. The committee held that a lawyer may not take a secret commission on the placement of a client's funds, or obtain commissions from an outside source, without the client's full knowledge, approval,…
Can a lawyer accept payment from a bank for writing title insurance and closing loans the lawyer refers to that bank?
A majority of the committee saw nothing improper in a bank charging the borrower for services and title insurance and remitting to the referring lawyer a service charge plus a fee for representing and…
Can a lawyer apply fees and costs from one settled case against settlement money held for a separate case?
The committee declined to approve charging fees and expenses from both cases against the proceeds of the one case the client closed, calling it more a question of law than of ethics and suggesting the…
Can a lawyer disputing his fee with a subrogated insurer tender the funds into court for the judge to set the fee?
Yes. The committee said a lawyer who disputes a subrogated insurer's view of his fee acts ethically by tendering the money into the registry of the court and asking for a judicial determination, and i…
Can a lawyer keep a client's trust funds based on a casual note saying he is 'welcome to' them?
No. The committee said a client's statement in a Christmas card that the lawyer 'is welcome to' funds he holds for her is not sufficient justification for accepting them; the lawyer should determine a…
May an attorney retained by an employees' association also represent the individual members on their personal legal problems?
The lawyer may represent the association as an entity, but the majority concluded that representing the members individually is precluded by Canon 35 unless the traditional attorney-client relationshi…
May a lawyer on a yearly retainer collect the statutory attorney's fees awarded in an eminent domain case and pay them over to the client?
It depends. The committee identified several factors, including whether the condemnation was contemplated when the retainer was set and whether the lawyer-client fee arrangement is fully disclosed to …
Can a lawyer use a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that a lawyer whose reasonable efforts to collect a delinquent fee fail may use a reputable collection agency, provided the lawyer discloses no client details beyond what is rele…
Can a criminal defense lawyer charge a fee, paid in advance, that is refundable if the lawyer fails to obtain post-conviction relief?
The opinion concluded that such an arrangement is an improper contingent fee in a criminal case, because a fee that is refundable only if the lawyer is unsuccessful is predicated on success just as a …
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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.