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 an associate of a state attorney take appointed criminal defense work in federal or municipal court?
The opinion concluded that it would not be appropriate for an associate of a state attorney to accept appointment as defense counsel under the Federal Indigent Criminal Defense Act or to appear for cr…
Can a corporation's lawyer later sue a stockholder who had paid part of the lawsuit's cost deposit?
The opinion concluded that a lawyer representing a corporation in litigation may later join as a defendant a stockholder who paid part of the cost deposit, provided the lawyer received no information …
Can a lawyer who used to represent an association later represent a client suing that association?
The opinion concluded that a lawyer who had represented a cooperative apartment association may later represent an officer-client whose rights are affected by proposed bylaw amendments, provided the a…
Can attorneys fund a nonprofit loan program for accident victims secured by the victims' claims and repaid from case proceeds?
The opinion concluded that a nonprofit lending fund financed by attorney contributions, providing loans to accident victims secured by assignment of their claims and repaid from case proceeds, would b…
Can a lawyer keep representing a corporation in civil collection litigation after its president is indicted for related conduct?
The opinion concluded that an attorney may represent a corporate client in collection litigation even though the corporation's president has been indicted over similar contracts, so long as the repres…
Can a lawyer who opposed a rezoning for one group later seek a similar rezoning for an adjacent landowner over those former clients' objection?
The opinion concluded that an attorney who had unsuccessfully represented clients opposing the rezoning of a tract may not later represent the owner of an adjacent tract seeking similar rezoning when …
Can a lawyer represent a business competitor of an existing client over that client's objection?
The opinion concluded that a lawyer is not ethically precluded from representing a competitor of an established client in business affairs over the first client's objection, as long as the lawyer does…
Can a county attorney who handles only civil matters defend a criminal case in the same county?
The opinion concluded that a county attorney whose duties relate only to civil matters may defend a person charged with crime in his county where the county commissioners have no control or supervisio…
Can a legal services program represent clients with conflicting interests by assigning different lawyers or separate offices?
The opinion concluded that, absent client consent, a federally funded legal services program may not represent conflicting interests, and using different lawyers or separate 'law offices' within the s…
Can a former assistant state attorney represent the family of a person whose death he helped investigate, and share a fee for it?
The opinion concluded that a former assistant state attorney who held supervisory responsibility over the investigation of a death may not later represent the deceased's family in a suit for accidenta…
Can a lawyer refer clients to an insurance carrier and quietly collect a referral fee from the carrier when a policy is sold?
The opinion concluded that a lawyer may not refer clients to an insurance carrier and then, without the client's knowledge, be compensated by the carrier when a policy is sold; later Opinion 70-13 mod…
Can a lawyer who represents a labor union also handle personal legal matters for individual union members?
The opinion concluded that there is no ethical objection to a lawyer representing a union and separately representing its individual members, so long as the union is not used as a 'feeder' of business…
Can a lawyer act as the notary administering the oath to his own client on pleadings?
The opinion concluded that there is no ethical prohibition against a lawyer serving as notary to administer an oath to a client in connection with pleadings, but a prudent lawyer limits the practice t…
Can a lawyer advise a corporate client on a claim brought by a former employee the lawyer once represented in a divorce?
The opinion concluded that a lawyer may advise a corporate client on a claim by a former divorce client (a former employee) if the claim is unrelated to the divorce, no confidential information from t…
Can a part-time city attorney whose law partner is a legislator advise the city about legislation?
The opinion concluded that a part-time city attorney whose partner is a legislator may advise the city about the contents of existing or proposed legislation and the desirability of change, but any ac…
Can a lawyer represent a client in a second case when the record from an earlier case in which the lawyer testified as a witness may be relevant, including for res judicata?
The opinion concluded that a lawyer is not necessarily precluded from representing a client in a second case merely because a record from an earlier case in which the lawyer testified may bear on issu…
After a lawyer's former firm represented one party in a multi-car accident, can the lawyer represent another party whose claim may be against the firm's former client?
The opinion concluded that a lawyer whose former firm represented one party to a three-vehicle accident may not represent a second party whose interests may include a claim against the original client…
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 an assistant state attorney who prosecuted a defendant for vehicular homicide later represent the decedent's family in a civil wrongful death suit against the same defendant?
The opinion concluded that an assistant state attorney who prosecuted a vehicular homicide case may not later represent the decedent's personal representative in a civil wrongful death action arising …
Can a corporation's lawyer who drafted a noncompete between the company and its president, while nominally representing both, later sue to enforce that noncompete for the company?
The opinion concluded that the lawyer may later represent the corporation in enforcing the noncompetition agreement, provided he learned nothing confidential from the president and the facts of the al…
Can a new county attorney prosecute a condemnation suit for the county when he earlier represented some of the landowners, if their parcels are severed and tried by other counsel?
The opinion concluded that the county attorney may represent the county in the part of the condemnation suit covering other parcels, where the parcels he had represented are severed and tried by other…
Can a lawyer take on clients who want new counsel for a dispute arising out of an earlier settlement handled by their prior lawyer, over that prior lawyer's objection?
The opinion concluded that an attorney could properly honor a client's request to represent him in a controversy stemming from a previous compromise in which the client was represented by other counse…
If the lawyer who represented the opposing party joins our firm, can the firm keep representing its client against that former opponent?
The opinion concluded that once the opposing party's former lawyer joins the firm, the firm may not pursue enforcement against that former opponent without the opponent's consent, even if the new arri…
When I represent one spouse in a divorce, can I put the couple's already-agreed property settlement in writing and have the unrepresented spouse sign it?
The opinion concluded that the lawyer may reduce a previously agreed property settlement to writing and obtain the unrepresented spouse's signature, but only if he avoids anything that could mislead t…
After an insurer pays a judgment for the plaintiff and takes an assignment, can the insurer's lawyer appear for that plaintiff as appellee in the co-defendant's appeal?
The opinion concluded that there was no ethical objection: once the insurer paid the full judgment and took an assignment from the plaintiff, its substitute counsel could appear for the plaintiff as a…
Can a lawyer who belongs to a title insurance fund represent a client pressing a claim against that same fund?
The opinion concluded that the lawyer may pursue the client's title-insurance claim against the fund despite his own membership interest, provided he makes full and fair disclosure of that interest to…
Can the law partner of an assistant state attorney take criminal defense cases?
The opinion concluded that the law partner of an assistant state attorney may not engage in criminal defense practice, because the firm and all its members are barred from any employment that one memb…
If a lawyer is both an assistant state attorney and the county school board's attorney, can he handle the board's bond validation proceeding?
The opinion concluded that the lawyer should not take part in the validation proceeding in either capacity, because the state attorney's office has a statutory duty to scrutinize and, if necessary, op…
When a plaintiff offers to release the insured for an assignment of the insured's bad-faith claim, what must insurer-retained defense counsel do?
The opinion concluded that insurer-retained defense counsel must inform the insured of the plaintiff's release-and-assignment proposal and of the possible bad-faith claim against the insurer, and advi…
After resigning as a corporation's counsel over the president's misconduct, can the lawyer represent stockholders suing the corporation?
The opinion concluded that the lawyer may disclose facts he learned as a director but should not act as attorney against a corporation he served as counsel and director, and especially not in a stockh…
When a lawyer closes a loan for the lender, must he tell an unrepresented borrower about title defects even though the lender has title insurance?
The opinion concluded that a closing attorney acting for the lender should disclose known title defects to an unrepresented purchaser-borrower who deals directly with him, because concealing them coul…
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 …
After defending the car owner at the insurer's request, can the same lawyer defend the driver in a later suit the owner brings over the same accident?
The opinion concluded that the lawyer should not undertake the second defense, because shifting sides in litigation growing out of the same accident would undermine public confidence in the bar, even …
If a client confides that the deceased testator left a surviving legal spouse with possible claims, can the lawyer keep that secret and still represent the client?
The opinion concluded that the lawyer may not reveal the client's confidence about the surviving legal wife without consent, but also may not continue to act for the client in any matter where that in…
When an associate who worked on the employer-carrier's side switches to the claimant's firm, can that firm keep representing the claimant?
The opinion concluded that the claimant's firm should withdraw unless both the employer-carrier and the claimant, after being fully informed, consent to the continued representation, even if the arriv…
Can a lawyer who is sometimes retained by an insurance company also represent third-party claimants pressing claims against that same company?
The opinion concluded that a lawyer on retainer to an insurer should not represent third-party claimants against it, and that a lawyer not on retainer should also decline if the relationship would imp…
Can a lawyer advance living expenses to a client while waiting for the client's claim or settlement against a third party to be paid?
The opinion concluded that a lawyer may not advance living expenses to a client pending settlement and collection of a claim, judgment, or award, even where the client badly needs the money and liabil…
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 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 a lawyer represent a workers' compensation claimant against a corporation when the lawyer is a close friend of, and has personally represented, the corporation's president?
The opinion concluded that, after full disclosure and client consent, the lawyer may represent the claimant against the corporation despite his friendship with and prior personal representation of the…
Can a lawyer represent a client in one lawsuit while opposing that same client as an adversary in a different, unrelated lawsuit?
The opinion concluded that a lawyer should not represent a client in one litigated matter while opposing that client in another, even if the matters are unrelated and no confidences are involved, and …
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…
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 …
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 lawyer hired and paid by a bank draft and submit a corporate client's pension plan to the IRS when the lawyer must represent the corporation's interests?
The opinion concluded that the arrangement was improper because the firm, though employed and paid by the bank, would have to represent the corporate employer's interests before the IRS; the better pr…
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 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 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 prepare estate analyses that an insurance firm presents to its prospects as the work of the firm's attorney?
The committee unanimously found it improper for a practicing attorney to prepare an estate analysis presented to an insurer's prospect as the agency's attorney's work, and a majority also disapproved …
Can a lawyer be a director, stockholder, and legal advisor of a corporation that provides condominium-development consulting using lawyers and real estate brokers?
The committee concluded that violation of one or more Canons is probable and, as to unauthorized practice, inevitable, because the lawyer's firm would draw client work through the service, the service…
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 lawyer represent a client again in a new matter after a court-appointed guardian had replaced the lawyer in an earlier case?
Yes. The committee saw no objection to a lawyer representing a client in a restoration-of-competency proceeding even though he had earlier represented her in a personal injury action from which a late…
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 represent both the employer and the workers' compensation claimant in a settlement without telling the claimant?
No. The committee called it a very serious violation of the Canons for a lawyer to represent both the employer and a workers' compensation claimant in a washout settlement where the claimant did not k…
If a lawyer helped one client get a loan from another client, can the lawyer later foreclose the loan for one of them?
The committee advised that a lawyer who assisted one client in obtaining a loan from another client should decline to represent either in foreclosing on the loan, and should leave them to obtain other…
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…
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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.