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 serve as attorney for a public board on which his own law partner sits and chairs?
The opinion concluded that the arrangement was not a clear ethical violation if the relationship was publicly disclosed, the board-member partner did not share the fees, and that partner did not take …
Can a law firm that regularly sues state agencies and officials accept a retainer to represent a state board made up of the Governor and Cabinet?
The opinion concluded that a firm regularly engaged in litigation against state agencies and officials should not accept a retainer to represent a state board composed of the Governor and Cabinet, bec…
Can an elected county prosecutor represent private clients in civil suits against the county or its agencies when his official duties cover only criminal matters?
The opinion concluded that a county prosecuting attorney should not represent private clients in civil litigation against the county or its boards or agencies, even though his official duties relate o…
If an assistant city attorney's law partner is appointed to the state road board, what matters must the city attorney and his firm avoid?
The opinion concluded that the lawyer may continue as an assistant city attorney, but should not personally deal with the state road board or road department on the city's behalf and should not repres…
Can a county-court prosecuting attorney also defend criminal cases, whether in the same county's circuit court, in other counties, or in federal court?
A majority of the committee concluded that a prosecuting attorney for a county judge's court may not act as defense counsel in criminal cases in the same county's circuit court, may not continue a def…
Can a full-time assistant city attorney who also leads a city-employee association present the association's pension-plan changes to city officials?
The opinion concluded that the lawyer could not ethically present the association's pension proposals to city officials because of the conflict between his duty to the city and his leadership of the a…
Can an assistant city attorney prosecute someone a law partner once represented, where that representation ended before the partnership formed?
Yes. The committee found no Canon violation, and indeed a duty to prosecute, where no firm member currently represents the person, none has for about a year, and the partner's earlier representation p…
What outside criminal and civil matters may a part-time city attorney and his partners handle in courts and agencies other than the city's municipal court?
The committee divided on defending criminal cases in other courts but unanimously approved representing clients in civil matters adverse to other governments, and in criminal or quasi-criminal matters…
Can a former assistant U.S. attorney defend a criminal case that was pending while he was in that office if he never worked on it?
Yes. The committee found no violation of the Canons where a former assistant U.S. district attorney defends a criminal case that was pending during his term but which he never handled, was never conta…
Can a city mayor who is also a lawyer share in fees from negligence cases against the city that he refers to other lawyers?
No. The committee concluded the mayor should not serve notices on the city or share in fees in negligence cases against the city, because having an interest in litigation against the city he serves cr…
May the law partner of a city commissioner who appoints the municipal judge practice before that municipal court?
No. The committee concluded it would be improper for the partner of a municipal officer who has power to appoint municipal judges to practice before those judges, applying the principle that a lawyer …
Can a lawyer who acted as coroner in an accident's criminal proceeding represent the victim's husband in the related civil suit?
No. With one member dissenting, the committee concluded a lawyer who, as coroner, investigated the accident, impaneled a jury, and issued a manslaughter warrant should immediately withdraw and sever a…
May a former government lawyer take private employment on a matter he did not investigate or pass upon while in government service?
Yes. The committee concluded that a lawyer retiring from government service may accept employment in connection with a matter he did not investigate or pass upon while in that service; here the former…
May a lawyer who serves as county prosecutor defend people accused of crimes in other counties or circuits?
No (majority view). The committee concluded it is improper for a lawyer who is county prosecutor to defend those accused of crimes, even in counties or circuits other than the one in which he prosecut…
May a partner or associate of a public body's attorney appear before that public body for a private client?
No. The committee concluded it is improper for a partner or associate of an attorney who represents a public body to appear before that body for a private client, even where the matter is outside the …
Can a lawyer or his firm be hired to attack the validity of a contract that the lawyer or one of his partners drafted?
As a general rule, no. The committee concluded that a lawyer may not accept employment to attack the validity of an instrument he drew, and that a firm cannot accept any employment one of its partners…
Can a lawyer who serves as special counsel to a city's personnel board appear before the city council or sue the city for private clients in unrelated matters?
No. The committee concluded that special counsel to a city personnel board could not appear before the city council or sue the city for private clients, even on matters unrelated to personnel, because…
May a lawyer who also serves as a county commissioner try cases before circuit judges whose budget and salary the county commission controls?
Yes. The committee found no impropriety in a lawyer who was also a county commissioner trying cases before circuit judges, even though the county commission controlled the court's space, budget, and s…
Can a county attorney or prosecutor take private condemnation cases against the county, or private civil work arising from accidents he might prosecute?
No to private condemnation work where the county has a financial interest, and a prosecutor may not accept private civil employment from an accident if it might influence his judgment in the criminal …
Can a lawyer represent a sheriff in civil matters when a partner in the same firm handles criminal defense in the same county?
The opinion concluded that recurring representation of a sheriff in civil and administrative matters is improper, absent emergency or hardship found by a court, when a partner or associate does crimin…
Can a lawyer who is a municipality's retained police legal advisor also defend criminal cases in the county that do not involve that municipality's officers?
The opinion concluded that a retained municipal police legal advisor may represent criminal defendants in county cases that do not involve police officers or other municipal personnel, and it overrule…
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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.