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 write a letter on office letterhead endorsing a political candidate and inviting the candidate to publish it?
Yes, on these facts. The committee found no basis for discipline where a lawyer used office letterhead to endorse a candidate, but cautioned that the answer would differ if the letter was intended to …
Can a lawyer run a law office out of his home and list his home address and phone number on a business card?
Yes. The committee found no objection to a lawyer maintaining a law office in his home, using his home telephone for business, and listing his residence address and telephone number on a professional …
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 suspended from practice take a job doing legal research for a law firm while his reinstatement is pending?
The committee could not agree and declined to resolve the question, concluding it was not a clear question of ethics and that the request to interpret the suspension order should go to the Committee o…
Can a lawyer be made to give the IRS the name and address of a client for whom he obtained a tax ruling on a hypothetical question?
No. The committee unanimously concluded a lawyer is neither required to nor may ethically disclose to the IRS the name and address of a client at whose request the lawyer framed a hypothetical questio…
Can a lawyer be disciplined for refusing to pay a forwarding fee to a collection agency that referred a claim?
No. The committee concluded a lawyer cannot be subjected to disciplinary proceedings for refusing to pay a forwarding fee to a collection agency, because the applicable Canons prohibit paying a forwar…
May a judge and two lawyers take part in a panel discussion before a medical association about medical testimony and negligence cases?
Yes. The committee saw no objection to a judge and two lawyers appearing in a panel discussion before the local medical association so long as no actual cases are discussed and the discussion stays li…
May a lawyer take the state real estate broker examination and hold a non-active broker license in order to teach real estate law?
Yes. The committee found no objection to a lawyer taking the Florida Real Estate Commission examination and holding a non-active broker license in order to teach real estate law in a registered school…
Can a lawyer apply fees and costs from one settled case against settlement money held for a separate case?
The committee declined to approve charging fees and expenses from both cases against the proceeds of the one case the client closed, calling it more a question of law than of ethics and suggesting the…
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…
Can a lawyer who is a corporation's general manager have his corporate salary reduced by his outside law-practice fees over a threshold?
The committee said the arrangement, reducing the manager's corporate salary by law-practice fees above a set amount, is subject to criticism and open to interpretation as dividing legal fees with a la…
May a lawyer write a regular newspaper legal column and answer readers' general questions?
Yes, within limits. The committee found it not improper for a lawyer to write articles for a weekly newspaper and answer general questions from subscribers, so long as the column deals only with gener…
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 Florida lawyer split a fee with an out-of-state lawyer who no longer practices and did no work on the case?
No. The committee concluded it would be highly improper for a Florida lawyer to divide any portion of a fee with an out-of-state lawyer (a former New Jersey lawyer now a minister) who was not in pract…
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…
May a lawyer sign and allow publication of a petition endorsing an incumbent judge for reelection?
Yes. The committee found no impropriety in a lawyer signing and allowing publication of a petition, circulated by lawyers, endorsing an incumbent judge for reelection, but said a lawyer should not sig…
May a lawyer write a series of general legal-information articles for a local free newspaper?
Yes. The committee concluded a lawyer may write articles giving general information on the law, so long as he does not answer questions of a specific nature or attempt to advise individuals about thei…
Can a lawyer disputing his fee with a subrogated insurer tender the funds into court for the judge to set the fee?
Yes. The committee said a lawyer who disputes a subrogated insurer's view of his fee acts ethically by tendering the money into the registry of the court and asking for a judicial determination, and i…
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…
May a lawyer's wife testify for the lawyer's client when no other witness is available?
Yes. The committee concluded that where no other witnesses to a mother's fitness for custody are available, the lawyer's wife may testify for the client, because Canon 19 limits only the lawyer's own …
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 Florida lawyer hold a share of stock in a professional service corporation formed by a group of accountants?
No. The committee concluded that the professional service corporation statute (F.S. 621.01 et seq.) permits stock to be issued only to individuals licensed to render the same professional service as t…
Can a lawyer keep a client's trust funds based on a casual note saying he is 'welcome to' them?
No. The committee said a client's statement in a Christmas card that the lawyer 'is welcome to' funds he holds for her is not sufficient justification for accepting them; the lawyer should determine a…
May a Florida firm list on its letterhead out-of-state lawyers not yet admitted in Florida, noting they are not Florida members?
No (majority view). The committee concluded that under the Integration Rule prohibiting practice in Florida by out-of-state lawyers, listing an out-of-state lawyer not admitted in Florida on the firm …
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 share office space, a secretary, and possibly a telephone with a CPA in the same building?
Yes. The committee found no impropriety in a lawyer and a CPA sharing a building, a secretary, and possibly a telephone, provided the offices, files, and clients are kept separate and the arrangement …
May an attorney retained by an employees' association also represent the individual members on their personal legal problems?
The lawyer may represent the association as an entity, but the majority concluded that representing the members individually is precluded by Canon 35 unless the traditional attorney-client relationshi…
May a lawyer prepare all the closing documents for a real estate transaction at a broker's request, charging the broker, with no contact with the buyer or seller?
No (majority view). The committee concluded that preparing the deed, note, mortgage, and other closing instruments at a real estate broker's request, charging the broker, and having no contact with th…
May a patent lawyer lease desk space for a branch office in a suite occupied by an insurance and real estate broker?
Yes (majority view). The committee found no impropriety in a lawyer whose practice is limited to patent, trademark, copyright, and unfair competition matters leasing space in a broker's suite for a br…
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 on a yearly retainer collect the statutory attorney's fees awarded in an eminent domain case and pay them over to the client?
It depends. The committee identified several factors, including whether the condemnation was contemplated when the retainer was set and whether the lawyer-client fee arrangement is fully disclosed to …
May a lawyer holding funds for a client tell the client's creditors he holds the funds so they can garnish them?
No. The committee concluded it is improper for an attorney to advise his client's creditors that he holds funds due to the client so the creditor may proceed against them; the lawyer's duty is to repr…
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 form an association with or for a credit collection agency?
Yes, with conditions. The committee found no objection to a lawyer forming an association for a credit collection agency so long as his law practice is entirely disassociated from the separate busines…
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…
May a claimant's lawyer write directly to the opposing party after the insurer refuses to settle, telling that party to retain counsel?
Yes. The committee found nothing improper in a claimant's attorney writing to the opposing insured, after the insurer's adjuster refused to settle, to give notice of intent to sue and advise the insur…
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…
Must a lawyer keep a client's confidence when the client threatens a crime, and may he pay a forwarding fee to the lawyer who referred the case?
The duty to preserve a client's confidences outlasts the engagement, but the committee said the Canons both permit and require a lawyer to disclose a client's announced intention to commit a crime; wh…
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 use a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that a lawyer whose reasonable efforts to collect a delinquent fee fail may use a reputable collection agency, provided the lawyer discloses no client details beyond what is rele…
Can a criminal defense lawyer charge a fee, paid in advance, that is refundable if the lawyer fails to obtain post-conviction relief?
The opinion concluded that such an arrangement is an improper contingent fee in a criminal case, because a fee that is refundable only if the lawyer is unsuccessful is predicated on success just as a …
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…
May a Florida lawyer list on the firm letterhead the other states in which the lawyer is admitted to practice?
Yes. The committee concluded that, after the Florida Supreme Court's 1980 amendments to the advertising rules, a lawyer admitted to practice in Florida may indicate on the letterhead the other states …
May a legal services organization give information about its clients to a county funding agency?
The opinion concluded that a legal services organization may furnish client information to a county funding agency only with the affected clients' consent, because legal aid lawyers must protect confi…
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 Florida lawyer state on an office sign, letterhead, or business card that he is also a registered real estate broker?
The opinion concluded that after the 1979 deletion of DR 2-102(E), a lawyer may indicate on a sign, letterhead, or business card that he is a registered real estate broker, though the committee cautio…
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…
When is a party 'represented' for the no-contact rule, and which corporate employees count as the represented party?
The opinion concluded representation begins when an attorney-client relationship is established for the matter, regardless of litigation; for a corporation, officers, directors, and managing agents ar…
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…
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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.