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 Florida lawyer use generative AI like ChatGPT in their practice, and what ethics rules apply?
Yes. Florida lawyers may use generative AI, but must protect client confidentiality, verify the AI's work, bill honestly, and label any client-facing AI chatbot as an AI rather than a lawyer.
How may a Florida lawyer pay a for-profit lawyer-matching or referral service without improperly splitting fees?
Payment is permissible if it is a fixed charge tied to the provider's marketing and administrative costs, not a cut of the lawyer's fee or a charge based on the value of the case.
Can a Florida lawyer solicit clients in an Internet chat room, and does the lawyer have to file those messages with the Bar?
A lawyer may directly solicit prospective clients in a text-based chat room only if the message meets all the rules for direct written communications, and unsolicited solicitations must be filed with …
Can a Florida lawyer who is a retired or former judge use the title 'Judge' on letterhead, business cards, or in advertising?
No. A retired judge who is actively practicing law may not use 'Judge' as a title, even when paired with 'former' or 'retired,' because it is misleading and may imply improper influence; the lawyer ma…
Does a Florida lawyer have to file an informational newsletter sent to prospective clients with the Bar, and refile every issue?
The first issue of a newsletter mailed to prospective clients must be filed with the Bar's advertising committee for review. Later issues need to be filed only if they add new firm information that is…
Can a law firm keep a former partner's name in the firm name after that partner retires and becomes 'of counsel'?
The opinion concluded that a firm could continue to use a retired partner's name in the firm name if the firm's name was established, the retired partner was 'of counsel' in the traditional sense (wor…
Can salaried in-house attorneys employed by an insurance company practice under a firm name that makes them look like an independent law firm?
The opinion concluded that in-house attorneys employed to represent insureds could not state or imply that they practice in a separate, independent law firm, and that their employment relationship wit…
Can a law firm run a mediation department under a separate trade name and list nonlawyer mediators on its letterhead?
The opinion concluded that a firm may operate a mediation department but must run it under the Rules of Professional Conduct: nonlawyer mediators may not own part of the firm or department, the advert…
Can a lawyer practice in two separate law firms at the same time?
The opinion concluded that a lawyer is generally not precluded from practicing simultaneously in two separate, bona fide law firms, but the arrangement must avoid deceptive conduct, misleading adverti…
Can two separate law firms form a joint venture to handle personal injury and wrongful death cases together?
The opinion concluded that the rules and committee opinions do not contemplate joint venture arrangements between law firms, and that it is improper to form a third firm solely to evade the limits on …
May a lawyer enter a referral and fee arrangement with a public adjusting firm that solicits accident victims and shares in the lawyer's fee?
The opinion concluded that it is unethical for a lawyer to participate in such an arrangement, which would involve improper fee-splitting with a nonlawyer, improper solicitation, and assisting the unl…
Can a law firm hire a nonlawyer to solicit business and pay them a commission on the fees they bring in?
The opinion concluded that a nonlawyer may do only the marketing a lawyer may ethically do (not in-person or telephone solicitation), may not be paid commissions tied to legal fees, and may not use a …
Can a lawyer run a second business or share office space with a nonlawyer from the same premises?
The opinion concluded that a lawyer may practice two professions from the same premises and may share office space with a nonlawyer, but must preserve client confidences, post separate signs to avoid …
Can a law firm set up a separately named storefront company to take in the public's legal inquiries and funnel them to the firm?
The opinion concluded that the proposal had ethical defects: the company would operate as a lawyer referral service subject to the referral-service rule, its name would be misleading, and Florida lawy…
Can a lawyer put 'Juris Doctor' on letterhead and business cards, and can it be used in advertising?
The opinion concluded that a lawyer may use 'Juris Doctor' on letterhead and business cards because it is neither false nor misleading there, but its use in advertising could be misleading and must be…
Can a former judge note that former judicial title under a signature on letters, and does it matter whether the matter relates to law practice?
The opinion concluded that a former justice or judge may indicate the former judicial position under a signature on letters to attorneys and others about matters unrelated to the practice of law, but …
Can a Florida lawyer donate legal services, like a will, to be auctioned or given as a door prize by a charity?
The opinion concluded that a lawyer may donate a will or other specified legal service for a charity auction or door prize, overruling earlier contrary opinions, provided the lawyer ensures the charit…
Which older Florida ethics opinions on lawyer advertising and solicitation are no longer good authority?
The opinion withdrew a long list of pre-1978 committee opinions touching advertising and solicitation as obsolete, recognizing that the constitutional and rule changes following Bates had overtaken th…
Can a law firm list paralegals and legal assistants on its letterhead and give them business cards with the firm name?
The opinion concluded that nonlawyer employees may be listed on a law firm's letterhead with titles signifying their nonlawyer status, and may be issued business cards bearing their name and title wit…
Can a Florida law firm use the word 'Associates' in its firm name?
The opinion withdrew the committee's earlier opinions barring the term 'Associates' and directed lawyers to follow the Florida Supreme Court's Fetterman decision, which permits the term where the name…
Can a lawyer join a barter exchange and take goods and services instead of cash for legal fees?
The opinion concluded that a lawyer may join a barter exchange when membership is a flat annual fee rather than a percentage of legal fees, when the exchange furnishes members a list of attorney membe…
Can a lawyer include a religious statement like 'Jesus Is Lord' and a dove in a law firm advertisement?
The opinion concluded that including the statement 'Jesus Is Lord' and a drawing of a dove in a lawyer's advertisement does not violate the Code of Professional Responsibility, because it is personal …
May a lawyer be listed as 'General Counsel' or 'Consultant' on a client's letterhead?
Yes, where a bona fide continuing relationship exists. The committee concluded an attorney may be listed as 'General Counsel' or 'Consultant' on a client's letterhead and elsewhere if the attorney and…
Can a lawyer whose office is in a bank building have his name and 'attorney-at-law' designation placed on the bank's outside sign?
The opinion concluded that a lawyer with offices in a bank building may have his name, attorney designation, and suite number on the bank's outside sign near the street, subject to the new advertising…
Can a Florida lawyer buy a yellow page listing in a local telephone directory not published by the telephone company?
The opinion concluded that, under the new advertising rules, a lawyer may purchase a yellow page listing in a local telephone directory not prepared by the local telephone company, reversing the contr…
Can a Florida law firm keep deceased partners on its letterhead and note its former firm name after merging with a sole practitioner?
The opinion concluded the merged firm may continue to list the deceased partners (showing the fact and date of death) and may also state the firm's former name, because in this situation it would not …
Must a law firm distinguish on its letterhead between partners and associates, or between stockholders and employee lawyers in a professional association?
The opinion concluded a law firm is not required to distinguish on its letterhead between partners and associates, or between stockholders and employee attorneys in a professional association, because…
Can a lawyer take cases referred by an heir-hunting service that contacts potential heirs and steers them to the lawyer?
The opinion concluded it is improper for an attorney to let an heir-hunting service advise potential heirs of his services or to contact potential heirs from names the service provides, because the ar…
Can a Florida lawyer who is 'Of Counsel' to an out-of-state firm list that firm's address on his Florida letterhead?
The opinion concluded he may not; because the inquirer did not maintain an office in Ohio, the Ohio address was not justified on stationery used in his Florida office.
Can a former judge who now practices law use the title 'Judge' on his company's letterhead?
The opinion concluded a practicing lawyer who was briefly a judge may not use the title 'Judge' on the letterhead of a separate business he heads, and his employees should not refer to him as 'Judge' …
Can a law firm list on its letterhead lawyers who rent space and take referrals but are not employees?
The opinion concluded no; to avoid misleading the public, a firm should not list on its letterhead any lawyer who is not an employee of the firm in some capacity (member, associate, or of counsel).
Can lawyers in a two-county firm be listed in the phone directory for both counties?
The opinion concluded yes; members of a firm with offices in two counties may be listed in the classified telephone directory for both counties if they do legal work for a substantial number of client…
Can a bar association advertise its lawyer referral service by distributing brochures in hospitals?
The opinion concluded a bar association's lawyer referral committee may distribute a brochure describing its referral service in local hospitals and other appropriate public locations, following guide…
Can a Florida lawyer teach a public legal-education course to non-lawyers?
The opinion concluded a lawyer may teach a course on general legal subjects to laymen at a local school, so long as he does not emphasize his own professional experience and does not give individual l…
Can a Florida lawyer write a newspaper column on legal topics and be named as the lawyer-author?
The opinion concluded a lawyer may prepare and contribute articles on general legal subjects to newspapers and may be identified by name and as an attorney, receding from earlier opinions that had req…
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…
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 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 …
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 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 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 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'…
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 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 …
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.
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, …
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.
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 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 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 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…
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 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 law professor list a J.D. degree in university or law school publications without explaining the degree or stating its date of award?
Yes. The committee found that a law faculty member may permit his J.D. degree to be reflected in a faculty listing without further explanation or date of award, because such a listing carries no misle…
Can a lawyer who is also an ordained minister display an ordination certificate in the law office?
The opinion concluded that a lawyer who is an ordained minister may display an ordination certificate on his office wall among other certificates, without violating the rules against advertising and s…
Can a professional association keep the names of deceased former partners in its firm name?
The opinion concluded that a professional association may include in its name the names of deceased members of a predecessor partnership that were previously part of the partnership name, where local …
Can a lawyer with an associate use the heading 'Law Offices of [name]' on stationery and pleadings?
The opinion concluded that there is no impropriety in a member of The Florida Bar and his associate using the heading 'Law Offices of [name]' on firm stationery, in pleadings, and in the signature blo…
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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.