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 the same county attorney serve as legal advisor to both the zoning commission and the board of zoning appeals that reviews the commission's decisions?
The opinion concluded that a lawyer may advise both the zoning commission and the board of zoning appeals, provided that at the review level he never steps outside the role of advisor to become an adv…
Can a lawyer pay co-counsel who was suspended mid-case a share of the awarded fee for the work done before the suspension?
The opinion concluded that an attorney may properly pay suspended co-counsel a portion of the awarded fee based on work done before the suspension; a 2011 Florida appellate decision later held that a …
When one member of a law firm is a part-time municipal prosecutor, can the firm represent clients in personal injury cases arising from accidents the city's police investigated?
The opinion concluded that the firm and its members may not represent litigants in personal injury actions arising out of automobile accidents that municipal police investigated and charged, while one…
Can a lawyer keep accepting clients an insurance agent refers to him on a recurring basis if there is no payment between them?
The opinion concluded that it is not improper to accept clients referred by an insurance agent on a recurring basis when there is no financial arrangement between the agent and the lawyer, provided th…
Can a lawyer refuse to voluntarily hand his client trust account records to the IRS for an audit and require a court order instead?
The opinion concluded that a lawyer does not act unprofessionally by refusing to voluntarily disclose his clients' trust account records to the IRS; if in doubt about harm to clients, he may properly …
Can a law firm let a marriage counselor use its office part-time to counsel the firm's domestic-relations clients?
The opinion concluded that it is ethical for a firm to let a marriage counselor use its office to counsel domestic-relations clients the firm refers, so long as her use is not advertised, her name is …
Can a group of local lawyers form a nonprofit corporation to give free legal help to people who cannot afford a lawyer but do not qualify for Legal Aid?
The opinion concluded that it is permissible for a group of local lawyers to form a nonprofit corporation to provide free legal assistance to people who, though unable to employ counsel, do not qualif…
After a firm jointly advised a car's driver and owner-passenger and appeared for the driver in traffic court, can another lawyer in the firm sue the driver on behalf of the owner-passenger?
The opinion concluded that the firm could not represent the owner-passenger in a civil action against the driver, because the firm had jointly advised both and appeared for the driver in traffic court…
Can a law firm that won a judgment against a former client for unpaid fees seize, by writ of execution, a stock certificate the client had left with the firm for safekeeping?
The opinion concluded that it is improper for the firm to seize, by writ of execution, a stock certificate the client left for safekeeping; whether the firm has a valid lien is a question of law for t…
When a non-law company stops sharing office space with a law firm, does the company's name have to come off the law firm's window?
The opinion concluded that, once the law firm no longer shares office space with the lay company, the company's name should be removed from the front window of the law firm's reception room.
Does a lawyer have to withdraw from a case just because the opposing party says it will call him as a witness?
The opinion concluded that a lawyer need not withdraw merely because he expects to be called to testify by his adversary; he may continue the representation until it is apparent that his testimony is …
When most of the lawyers leave a law firm, how should the firm and the departing lawyers decide who keeps which client files?
The opinion concluded that, in disposing of client files when a firm's membership changes, the instructions and wishes of the clients should be the dominant consideration, and that the clients should …
Can a lawyer-legislator's firm share an office suite with a firm whose member lobbies the legislature?
The opinion concluded that, as a temporary accommodation, the arrangement was proper because the two firms kept their practices physically and functionally separate.
Can a lawyer who wrote a book let his publisher advertise it with an ad that describes the book and gives a short bio of the author?
The opinion concluded that a lawyer-author may ethically allow his publisher to advertise his book using a format that briefly explains the subject matter and gives a brief description of the author, …
In a hearing on his attorney's lien, can a lawyer reveal privileged client information to prove his fee claim and rebut a charge that he hurt the clients' case, even if it damages the former clients?
The opinion concluded that, at a hearing on his right to an attorney's lien, a lawyer may reveal otherwise-privileged matters to establish his claim and defend himself against an accusation that he hi…
Can a law firm keep its investigation file after being discharged without cause if the client's new lawyer won't reimburse the firm's advanced costs?
A majority of the committee concluded the firm could retain the investigation file until reimbursed for the costs it advanced, treating the material as subject to an attorney's lien or as work product…
Can a law firm's full-time investigator put the firm's name on his business card?
A majority of the committee adopted the ABA view that a full-time investigator may use a business card bearing his name and position with the law firm's name, address, and telephone number, if the fir…
After a partner withdraws but keeps handling the firm's trial work on referral, can his name stay in the firm name or appear as 'of counsel'?
The opinion concluded the withdrawing partner's name had to come out of the firm name, but he could be listed 'of counsel' on the firm's letterhead if he maintained a continuing relationship with it.
Can one lawyer represent both spouses in a Florida no-fault dissolution of marriage?
The committee was evenly divided and could not resolve whether the no-fault divorce law relaxed the traditional bar on representing both spouses; it advised an attorney intending to do so to seek the …
May a trial lawyers' association recruit former jurors for an educational panel discussing their trial experiences?
The committee approved the proposed program in the abstract, finding it ethical under the Florida Code so long as the jurors were clearly advised they were under no obligation to participate and were …
May a lawyer who handled a husband's injury claim contact the former clients to tell them the wife now has her own claim for loss of consortium?
A majority concluded the lawyer could advise the former clients of the wife's newly created cause of action if he had established a bona fide attorney-client relationship with the wife during the earl…
Is it ethical to subpoena records a lawyer knows are not relevant just to pressure the other side to settle?
The committee unanimously concluded it is highly improper to issue a subpoena for records the lawyer knows are not germane to the litigation in order to intimidate a defendant or insurer into cooperat…
If a lawyer is subpoenaed to testify before a grand jury about client communications, must he disclose them?
The opinion concluded the lawyer should assert the privilege in good faith and refuse to answer, but if the presiding judge orders disclosure of a confidence and appellate remedies are exhausted, the …
Can a lawyer charge interest or service charges on a client's overdue legal bills?
The opinion concluded there is no ethical objection to charging interest at an agreed legal rate on fees not paid when due, though charges exceeding the legal interest rate would be both unethical and…
Can a lawyer who is also a city councilman represent a client in a civil case investigated by that city's police officer?
The opinion concluded the representation is ordinarily proper because the officer typically establishes undisputed scene facts the lawyer need not impeach, but the lawyer should decline if he would ha…
May a legal aid society publish an unsigned newspaper column explaining legal problems and urging readers to consult a lawyer?
The committee concluded that a legal aid society's periodic, unsigned newspaper column discussing general legal problems and encouraging readers to consult a lawyer, with a caveat against self-applica…
Can a lawyer who sometimes handles criminal defense be appointed a special prosecutor in the same court?
The opinion concluded that, in a bona fide speedy-trial emergency, a lawyer who occasionally defends criminal cases in a court may be appointed a special county prosecutor there for short periods, par…
Can a Florida lawyer put 'J.D.' after their name on letterhead and business cards?
The opinion concluded that an attorney may use the initials 'J.D.' on letterhead and professional cards, while the committee added that vying over post-nominal letters was in bad taste.
Can a law firm let its developer client fill in and mail the closing-date notice on the firm's letterhead?
The opinion found no unauthorized practice of law in the client completing and mailing the firm's notice form, but a majority concluded that, to avoid an unseemly appearance, the notice to the other p…
Can a criminal defense lawyer take an assignment of the client's cash bond to cover the fee?
The opinion concluded a criminal defense lawyer may accept assignment of the client's cash bond as security for a fixed, reasonable fee, but not as the fee itself, because taking the bond as the fee w…
Can a lawyer represent a current client in a lawsuit against a former client when the prior work was unrelated?
The opinion concluded a lawyer may represent a current client against a former client where the current matter is unrelated to the prior work and the lawyer gained no confidences material to the curre…
Can a lawyer who serves as counsel to a juvenile court also keep a private practice in the same county?
The opinion concluded a lawyer employed as legal counsel for a juvenile court may maintain a private practice in the same county, because the rule barring prosecutors from also defending criminal case…
Can a government lawyer litigate against a former private client without that client's consent?
The opinion concluded that a lawyer who joined the Attorney General's staff should not proceed in litigation against a former private client without that client's consent; with consent there is ordina…
Can a lawyer who serves on the city council defend clients arrested by that city's police?
The opinion concluded a lawyer-councilman may represent a private client in courts other than his city's municipal court, but neither he nor his partners and associates may contest the evidence of the…
Can a lawyer appointed a special assistant state attorney for a limited matter still defend criminal cases in other courts?
The opinion concluded a lawyer appointed an assistant state attorney in a limited, special capacity may defend criminal cases in courts other than the one where he is prosecuting, including federal co…
Can a practicing lawyer also serve as executive director of a private association that has its own separate counsel?
The opinion concluded there is nothing unethical about a practicing lawyer also serving as executive director of a private association represented by other counsel, provided the association's lawyer i…
Can a plaintiff's lawyer contact a defendant's insured directly to seek an assignment of a bad-faith claim before judgment?
The opinion concluded that a plaintiff's lawyer negotiating with an insurer may not contact the insured directly before judgment to request assignment of the insured's bad-faith right of action; such …
Can a lawyer paid by an insurer keep representing the insured when a coverage dispute arises between them?
The opinion concluded that a lawyer retained by an insurer to represent the insured may continue to do so even on matters affecting coverage, owing no duty to the carrier on coverage, but must withdra…
Can a lawyer elected to Congress keep his name in the firm's name and on its letterhead?
The opinion concluded that a public official no longer actively and regularly practicing law, including a lawyer elected to Congress, may not allow his name to remain in the firm's name or appear in i…
Can a former IRS agent later represent a taxpayer on the same returns he examined for the government?
The opinion concluded that a lawyer who, as an IRS employee, examined a taxpayer's returns is precluded from later representing that taxpayer on the same years' returns, even if the later examination …
What tasks can a lawyer delegate to nonlawyer staff in a law office?
The opinion concluded that lay personnel may be used only for mechanical, clerical, or administrative duties, and that a lawyer may not delegate any activity requiring the lawyer's own judgment and pa…
Can a lawyer mail other lawyers an announcement of availability to consult or associate on appellate cases?
The opinion concluded that an attorney may send a select list of other attorneys a dignified announcement, not more than once a year, of his availability to consult or associate in appellate cases, so…
Can a Florida lawyer be listed on an out-of-state lawyer's letterhead for an interstate referral partnership?
The opinion concluded that a Florida attorney's name may be added to an out-of-state lawyer's stationery to associate for interstate referrals where a bona fide partnership in fact exists, but the let…
Is a government lawyer held to the same trial-publicity rules as a lawyer for a private client?
The opinion concluded that an attorney representing the government is bound by the same ethical considerations on statements and publicity about pending litigation as an attorney for a private individ…
Can a lawyer returning from military service mail announcements that he is resuming practice and available to consult on securities matters?
The opinion concluded an attorney may send former clients and legal acquaintances an announcement of his retirement from military service and resumption of practice, and may separately announce to oth…
Can a lawyer withdraw from representing one client and then represent another client against him in an unrelated dispute?
The opinion concluded that where a dispute between two of the lawyer's clients has no relationship to his representation of either and he received no information about the dispute from the client he w…
Can salaried house counsel claim a reasonable attorney's fee from the debtor when collecting on notes?
The opinion concluded that, unless full explanation is made to the court, it is unethical for a salaried attorney to claim a reasonable attorney's fee for collecting notes, because he would be represe…
May an out-of-state corporate lawyer's business card show a corporate title alongside a Florida company address?
The opinion concluded that a business card showing the corporation's name and Florida address may identify the corporate attorney's position, but if the attorney is not licensed in Florida the card sh…
Is the ACLU of Florida a group legal services organization that Florida lawyers may cooperate with under the ethics rules?
The opinion concluded that the ACLU of Florida was not an organization within DR 2-103(D)(5), so it did not fall under the Integration Rule's group-legal-services controls, though the committee cautio…
Can a Florida lawyer keep a title insurance premium rebate check when the lawyer only ordered and forwarded the policy for a client?
The opinion concluded that the lawyer must forward the rebate to the client, because no legal service was rendered on the policy and the saving belongs to the client.
Must a lawyer get a hearing before the trial judge before interviewing a juror after filing notice of intent to do so?
The opinion concluded that the Code of Professional Responsibility did not require a hearing before the trial judge after a notice of intention to interview a juror had been filed.
Can a part-time city prosecutor or the prosecutor's firm take criminal defense work in other courts?
The opinion concluded that, absent the unavailability of other counsel, neither a part-time city prosecutor nor members of his firm may handle criminal defense work in any court.
Can a lawyer take on clients who fired their prior attorney despite a written representation agreement?
The opinion concluded that it is not unethical to represent a client who has terminated a prior attorney, notwithstanding a written employment contract, where the new lawyer did not encroach on the pr…
Can a lawyer represent a new client in a suit brought by a former client when the new suit is unrelated to the prior work?
The opinion concluded that an attorney may represent a client in an action against a former client where the matter in litigation is unrelated to the prior representation, provided the attorney uses n…
When a former client subpoenas the lawyer to testify about advice given, can the lawyer reveal it to defend the competence of that advice?
The opinion concluded that the lawyer should raise the attorney-client privilege if he believes the testimony falls within it, but that the lawyer must be able to testify in self-defense once the clie…
May a plaintiff's lawyer negotiate settlement directly with an insurance carrier's adjuster when the carrier is represented by defense counsel?
The opinion concluded that a plaintiff's attorney may negotiate with an insurance carrier's adjusters, provided the negotiations are with the knowledge and consent of defense counsel.
Can a lawyer who places a client's investments charge a full fee and also keep a finder's fee from the institution?
The opinion concluded that a lawyer investing client funds may not both charge the client a full fee and keep a finder's fee from the institution; the client must receive the benefit of the finder's o…
Can a lawyer write a newspaper legal-advice column that answers readers' submitted questions?
The opinion concluded that a lawyer's newspaper column must be limited to answering questions of general interest and may not answer individual requests for legal advice, even anonymously.
Can a Florida lawyer be of counsel to or a partner in a law firm based in a foreign country?
The opinion concluded that whether a Florida lawyer may be of counsel to or a partner in a foreign-country firm is for that jurisdiction's authority to decide, assuming the firm has no Florida office …
Can a lawyer publicly campaign through mass media against a judge the lawyer believes is unqualified?
The opinion concluded that a lawyer has both the right and the duty to oppose the election or reelection of a judge believed unqualified, but should not act in ways that lessen public confidence in 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.