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 set up a family-owned holding company to take title to clients' property and hold their funds?
The committee found nothing unethical, on stated conditions, in a lawyer organizing a family holding company to take title to clients' real estate and hold their funds, so long as full disclosure is m…
Can a lawyer who represented a crash victim's widow later represent one pilot against the other pilot and the plane owner?
The committee saw no conflict of interest in counsel who had represented the widow later representing the pilot of plane B against the pilot of plane A and the plane owner, where no claim would be mad…
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 …
Must a lawyer who sells a client title insurance and keeps part of the premium disclose his interest?
Yes. The committee said a lawyer who sells his client title insurance through the Lawyers' Title Guaranty Fund and retains a portion of the premium should disclose to the client both his interest in t…
Can the bar or a lawyers' association set up a revolving fund to lend money to needy personal injury plaintiffs during their cases?
The committee did not reach a single conclusion. Members aired competing views, including that financing plaintiffs could tend toward champerty, that a lawyer forced to contribute would hold a conflic…
Can a foundation employ a house lawyer to prepare wills for its guests and constituents while the lawyer represents only the foundation?
No. The committee unanimously found it wholly improper for a foundation to provide a staff attorney, retained solely to represent the foundation, to advise and prepare wills for the foundation's guest…
Can a lawyer who handled a developer's loan closings later represent the bank foreclosing on those mortgages against the developer?
Yes, on these facts. The committee found no objection to a lawyer who previously handled a subdivision's loan and mortgage closings representing the banks in foreclosing those mortgages against the su…
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…
Can a lawyer sue a party represented by another lawyer who is listed 'of counsel' on the suing lawyer's letterhead?
No. The committee found it improper for a lawyer to bring an action against a party represented by an attorney who appears 'of counsel' on the suing lawyer's letterhead, where the two are actually ass…
May a lawyer hold an interest in a corporation he sets up to act as fiscal agent for cities on bond issues if he also represents municipalities that hire the corporation?
A lawyer may set up such a corporation, but the committee advised that he should not hold any interest in it if he also represents municipalities that employ the corporation, because of the risk of so…
May a lawyer foreclose a mortgage for client A against a corporation wholly owned by B, where the lawyer's partner and firm have represented B?
No, except by express consent of all concerned after full disclosure. The committee concluded that, because the lawyer's partner had represented B and the firm had also represented B, the firm could n…
May a lawyer accept a referral fee from a savings institution for recommending that a client invest there?
Yes, but only with full disclosure and the client's written consent, after the lawyer makes an independent investigation and concludes the investment is sound, and without abusing the client's confide…
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 act as next friend for a hospitalized ward in restoring her civil rights and then serve as her counsel in a later proceeding?
Yes. The committee found no impropriety in a lawyer acting as next friend for a female ward of a state mental hospital in proceedings to reestablish her civil rights and then later acting as her couns…
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 …
May one attorney represent both spouses in a divorce, or switch to representing the wife after representing the husband?
No. The committee concluded that an attorney cannot with propriety represent more than one party in a divorce proceeding, and that having represented the husband and possibly obtained his confidences,…
May a lawyer sue over an accident at a hotel that an insurance-company client of his had previously insured?
Yes, with conditions. The committee found no impropriety in an attorney representing a client injured at a hotel after the policy period during which the hotel had been insured by a client of the lawy…
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 Florida lawyer prepare pleadings for a party without signing them, and can the lawyer counsel both spouses to draft a settlement before representing one in the divorce?
The opinion concluded a lawyer who is not the attorney of record may prepare pleadings without signing them, but may not counsel both husband and wife to prepare a settlement agreement and then repres…
Can a Florida lawyer hold a real estate broker's license with a real estate firm while also running an active real estate law practice?
The opinion concluded a lawyer may keep a real estate broker's license registered with a real estate firm and maintain a real estate law practice, provided the lawyer accepts no referrals from the fir…
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…
Can a lawyer hired by an insurer represent the insured in a contribution counterclaim when the insured might do better by being held liable and recovering under an employer's policy?
The opinion concluded the lawyer may not continue the multiple representation, because the insured's best interest in being held liable to recover under an employer's policy conflicts with the insurer…
Can an insurance company's lawyer draft the plaintiff's pleadings in a friendly suit settling a minor's claim, even with full disclosure?
The opinion concluded an insurance company's attorney may not draft pleadings for the plaintiffs in friendly suits settling minors' claims, because once the lawyer drafts the document he represents th…
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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.