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 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 lawyer who is a corporate director have the firm named in the company's annual report?
The opinion concluded a lawyer serving as a corporate director may permit the firm to be identified in the corporation's annual report where that is required by SEC or other governmental regulations, …
Can a lawyer who teaches a public course accept a client who is a student in that course?
The opinion concluded a lawyer teaching a course in mobile home owners' law at a junior college may accept employment from a mobile home tenants' association to which one of his students belongs, beca…
Can a lawyer sign and mail collection demand letters that bank employees fill in without his supervision?
The opinion concluded that an attorney who regularly represents a bank may not sign and mail form collection letters completed in material part by bank employees who are not acting under the attorney'…
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 firm split fees on referred cases with a terminally ill referring lawyer or that lawyer's estate?
The opinion concluded a law firm may divide fees for referred cases with a lawyer suffering from terminal illness, or with that lawyer's estate, in proportion to the services performed and responsibil…
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,…
Who keeps a deceased solo lawyer's client files when another lawyer buys the office and library?
The opinion concluded it is improper to leave a deceased lawyer's client files with the lawyer who bought the firm's physical assets, and improper for that buyer to write the clients about the files; …
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…
Does a lawyer have to withdraw when opposing counsel names the lawyer as a witness years into the case?
The opinion concluded the lawyer is not required to withdraw where he and his firm ought not be called as witnesses but are named by opposing counsel, especially after years of complex litigation and …
Can an interstate law firm use its out-of-state firm name at its Florida office?
The opinion concluded that an interstate partnership with a Florida office may use its firm name in Florida even though none of the lawyers named in the firm name are admitted in Florida, but the lett…
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…
Can a lawyer talk to reporters about a client's transaction when much of the information is already in public records?
The opinion concluded the lawyer may not disclose information furnished by the client or held in the lawyer's files without the client's consent; the lawyer may only tell reporters that certain inform…
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 continue representing landowners after a landowners' association, without his knowledge, recommended his employment?
The opinion concluded there was no impropriety in the lawyer continuing the representation, because he did not authorize, consent to, or know about the association's recommendation and instructed it t…
May a lawyer file an affidavit in the county public records stating that former clients failed to pay attorney's fees?
The opinion concluded that a lawyer may not file such an affidavit in the public records, even one that disclaims any lien and any intent to sue, because its purpose was to shame the former clients in…
May a lawyer delegate to nonlawyer staff the handling of negotiations with insurance adjusters on the lawyer's clients' claims?
The opinion concluded that lawyers may not delegate to lay persons the handling of negotiations with insurance company adjusters, because such negotiation requires the lawyer's professional judgment a…
May a law firm professional association include nonshareholder attorneys' names in its name, and may a lawyer practice under a nickname?
The opinion concluded that a professional service corporation may not include the names of nonshareholder attorneys in its name, that it may practice under a name identical to its corporate name with …
Does the interstate-partnership rule let an out-of-state firm open a Florida branch office to serve its out-of-state clients?
The opinion concluded that the interstate-partnership concept does not cover branch offices of an out-of-state firm designed primarily to serve out-of-state clients who spend time in Florida; a true i…
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…
Should a lawyer assert the lawyer-client privilege in a supplemental proceeding after an unsatisfied judgment?
The committee declined to issue an advisory opinion, because the inquiry did not relate to the inquiring lawyer's own conduct; whether the privilege should be asserted is for the affected lawyer and h…
Do the rules on contacting petit jurors also apply to contacting grand jurors?
The committee concluded that the same ethical considerations governing a lawyer's communication or contact with petit jurors before, during, and after trial apply to communication or contact with gran…
Can a lawyer own stock in a corporation formed to sell legal-fee insurance policies?
The opinion concluded that, absent a statutory prohibition, a majority of the committee saw nothing per se unethical in a lawyer merely owning stock in a corporation formed to sell legal-fee insurance…
Can a court-appointed criminal defense lawyer later represent the same client in a civil suit against the government arising from the same events?
The opinion concluded that court-appointed criminal counsel may represent the same client in a later civil action against the government or a public officer based on the same matter, and that the lawy…
What should a lawyer do when there is good reason to doubt a litigation client's mental competency?
The opinion concluded that a lawyer with good reason to doubt a client's competency must tell the client and ask permission to seek a judicial competency determination; if the client refuses, the lawy…
Can a law firm's paralegal prepare real estate documents, attend closings alone, and use a 'Legal Assistant' title on cards and stationery?
The opinion concluded that a paralegal may prepare real estate documents under an attorney's supervision and full responsibility, but may not attend closings without an attorney present, and at the ti…
What are a lawyer's duties when representing 'heir-finders' whose business may be unlawful, and can the lawyer keep representing them?
The opinion concluded that a lawyer who believes heir-finding by laymen is unlawful must tell the client so, but may continue the representation as long as the lawyer does not knowingly assist illegal…
Can a law firm have employees who are admitted in another state but not Florida take depositions for the firm?
The opinion concluded that law-firm employees not admitted in Florida may not take depositions for the firm or do any work that constitutes the practice of law, even if they are law-school graduates a…
Can a former municipal judge let his telephone answering service answer the phone as 'Judge X's office'?
The opinion concluded that a former municipal judge may not permit his telephone answering service to answer his phone as 'Judge X's office,' because a former judicial officer should not use the court…
Can a lawyer refuse all court appointments to defend indigents because he finds it repugnant to help acquit someone who may be guilty?
The opinion concluded that a blanket refusal to accept court appointments to defend indigents would violate the lawyer's professional obligations, but that a lawyer may make his objections known to th…
Can a former judge now practicing law use a 'Judge' nameplate on his office door or desk, or display old judicial certificates and photos?
The opinion concluded that a former judge in practice may not use a 'Judge' nameplate on his door or desk, but may display certificates, memorabilia, and a photograph from his judicial service so long…
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 two lawyers employed by one professional association form a second professional association that contracts to do legal work only for the first?
The opinion concluded that two attorneys employed by one professional association may form a second professional association of their own and contract to do legal work only for the first, provided the…
Can a volunteer legal aid lawyer request a court-awarded fee that will be turned over to the legal aid program, and must the lawyer disclose the legal aid role?
The opinion concluded that a lawyer handling a legal aid case may request a court-awarded fee even though the fee will be turned over to the legal aid association, but on requesting it must disclose t…
Can a lawyer use law office letterhead to write to other lawyers asking them to donate to a charity?
The opinion concluded that a lawyer volunteering in a fund-raising campaign for a reputable, established charity may use law office letterhead to write to other lawyers in the community soliciting con…
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 …
What are a law partnership's ethical duties when a former partner misappropriated client funds, and can the partners plead the statute of limitations?
The opinion concluded that a lawyer must diligently investigate and fully disclose a former partner's misappropriation of clients' funds, and is ethically responsible for client funds the partner rece…
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…
Can a lawyer sell or assign a client's unpaid fee account to a third party after the legal work is finished?
The opinion concluded that a lawyer may assign an account receivable for completed legal fees to a third party, provided the client is fully informed and consents and the assignment leaves only the la…
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 add a current partner's name to the firm name while keeping a deceased partner's name in it?
The opinion concluded that a previously unnamed partner's name may be added to the firm name even though the firm continues to use a deceased former partner's name, so long as the fact of the partner'…
Does a lawyer have to split client trust deposits among several banks so that all the funds stay within FDIC insurance limits?
The opinion concluded that a lawyer is not required to divide trust funds among accounts to ensure complete FDIC coverage, but as a fiduciary he is expected to act prudently and weigh the size of the …
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.
Must a lawyer file suit to stop the statute of limitations from running when the client has disappeared and cannot be found?
The opinion concluded that the lawyer should file suit to toll the statute of limitations despite the client's disappearance; a 1987 reconsideration later modified this, holding the lawyer is not obli…
Can a firm that screens cases for a county bar's legal aid program also take the cases that turn out not to qualify for free aid?
The opinion concluded that the screening question involved a lawyer referral service that must first qualify with The Florida Bar under the Integration Rule, so the committee had no jurisdiction to an…
Can a Florida firm list a lawyer who is not admitted in Florida on its letterhead as 'Of Counsel' if it discloses the non-admitted status?
The opinion concluded that a Florida firm may not list a non-Florida-admitted lawyer on its shingle or letterhead, even with disclosure of the non-admitted status, where the arrangement is not a true …
Can a Florida lawyer guarantee or advance the fees of medical or expert witnesses in a personal injury case?
Yes. Under Rule 4-1.8(e) a lawyer may advance court costs and expenses of litigation, including witness fees, with repayment by a non-indigent client contingent on the outcome, and may pay them on beh…
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 firm keep a partner's name in the firm name and letterhead while he is on an 18-month leave to work for a government agency?
The opinion concluded that the name of a partner on an 18-month leave of absence to work as a government staff attorney must be removed from the firm name and letterhead, because he will not actively …
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…
Browse The Florida Bar opinions by topic
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.