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.
No The Florida Bar opinions match these filters
Try a different search term or clear the filters.
Can a Florida lawyer post about a client's matter on a listserv or online discussion group?
Only if the disclosure serves the client's interests and the client has not prohibited it. Where the client could be identified, the lawyer should get informed consent first.
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.
Can a Florida lawyer respond to a negative online review posted by someone who was never a client?
Yes, but only if the response reveals no confidential client information. The lawyer may state the poster is not a client and that the lawyer's reply is constrained by ethics rules.
Can a Florida lawyer accept client payments through Venmo or PayPal, including trust funds?
Yes. A lawyer may accept payments via services like Venmo or PayPal, including entrusted funds, if transaction privacy is protected and entrusted funds are promptly moved into a qualifying trust accou…
Can a Florida lawyer respond to a former client's negative online review?
A lawyer may not reveal information relating to the representation in response, but may post a general statement that the lawyer cannot respond fully and that the review is neither fair nor accurate.
Can a Florida lawyer let multiple title insurers audit a single real estate trust account without the clients' consent?
Not where the account holds funds for clients unrelated to the auditing insurer, unless the affected clients give informed consent or the lawyer reasonably concludes the audit is necessary to serve th…
Can a Florida lawyer store client files in the cloud using services like Dropbox or Google Drive?
Yes, if the lawyer takes reasonable precautions: confirming the provider's security, retaining adequate access to the data, and researching the provider before use.
Does a state attorney representing the Department of Revenue in Title IV-D child support cases owe duties of loyalty or confidentiality to the parents involved?
No. By statute the lawyer represents only the Department, not the parents, so no duties of loyalty or confidentiality run to the parents, and there is no conflict in later proceeding against a parent …
Can a Florida lawyer disclose a deceased client's confidential information to the estate's personal representative, beneficiaries, or heirs?
It depends on the circumstances. A lawyer may disclose confidential information to serve the deceased client's interests unless the client previously instructed otherwise, and doubt should be resolved…
What must a Florida lawyer do to protect client confidentiality on copiers, printers, scanners, and other devices that store data?
A lawyer who uses devices with hard drives or other storage media must take reasonable steps to protect client confidentiality and to have the device sanitized before disposal, including identifying t…
What must a Florida criminal defense lawyer do when a client is proceeding under a false name?
If the lawyer learns before agreeing to represent the defendant that the client is using a false name and cannot persuade the client to correct it, the lawyer must decline. If the lawyer learns it aft…
Does a Florida lawyer owe confidentiality to someone who sends unsolicited information through the lawyer's website or by email?
No, where the information is sent unilaterally with no reasonable expectation of confidentiality; that person is not a prospective client, so the lawyer has no conflict and may use or disclose the inf…
Can a Florida law firm outsource legal support work to overseas attorneys or paralegals?
Yes. A lawyer may engage an overseas provider for paralegal-type assistance if the lawyer adequately addresses assisting the unlicensed practice of law, supervision of nonlawyers, conflicts, confident…
What must a lawyer do when a client provides documents the client wrongfully obtained from the opposing party?
The lawyer must advise the client that the documents cannot be retained, reviewed, or used without telling the opposing party that the lawyer and client have them; if the client refuses to consent to …
What are a Florida lawyer's duties regarding metadata in electronic documents sent to or received from another lawyer?
A sending lawyer must take reasonable steps to protect confidential information, including metadata; a receiving lawyer must not mine metadata the lawyer knows or should know was not intended for them…
Can a Florida law firm store its closed client files only electronically, without keeping paper copies?
Yes, a firm may store files electronically, but not where a statute or rule requires retaining an original, where the original is the client's property, or where destroying the paper would harm the cl…
What must a criminal defense lawyer do when the client insists on committing perjury?
The lawyer must first try to persuade the client to testify truthfully; if the client still insists, the lawyer must disclose the client's intent to commit perjury to the court and move to withdraw, b…
Can a Florida lawyer agree to a settlement clause that limits the lawyer's ability to represent other clients against the same opposing party?
No. A lawyer may not propose or agree to a settlement clause that directly or indirectly restricts the lawyer's right to practice. Confidentiality clauses limited to the settlement terms and general r…
Can a lawyer refer a personal injury client to a non-recourse litigation funding company and share case information with it?
Only in limited circumstances and in the client's interest. The lawyer may tell the client such companies exist after discussing the costs versus benefits, but may not recommend the case to a funder, …
Can a Florida lawyer offer legal services to clients over the internet?
The opinion concluded a lawyer could provide legal services over the internet, through the lawyer's own law firm, for matters not requiring in-person consultation or court appearances, subject to all …
In a joint representation of spouses, can a lawyer reveal one spouse's secret to the other, and must the lawyer withdraw?
The opinion concluded that the lawyer's duty of confidentiality to the communicating spouse prevailed: the lawyer could not reveal the husband's separate confidence to the wife and was required to wit…
Can a law firm assign unpaid fee accounts to a firm-owned corporation and then represent that corporation in suing the former clients?
The opinion concluded that a firm could assign delinquent fee receivables to a corporation wholly owned by the firm's partners and could represent that corporation in collection suits against former c…
Can a lawyer threaten to file a bar grievance against opposing counsel to gain an advantage in a civil case?
The opinion concluded that, under most circumstances, it is ethically impermissible to threaten a fellow bar member with a disciplinary complaint; where the lawyer is required to report misconduct, th…
Can a lawyer who is a title insurance agent let the insurer audit the lawyer's trust accounts without client consent?
The opinion concluded that an attorney/title-insurance agent may not permit the insurer to audit a general trust account without the affected clients' consent, but may permit an audit of a special tru…
What must a lawyer do after receiving an opposing party's privileged documents that were sent by mistake?
The opinion concluded that an attorney who receives confidential documents of an adversary through an inadvertent release is ethically obligated to promptly notify the sender of the receipt, leaving a…
What is a lawyer's ethical duty when the IRS demands information on a Form 8300 that the lawyer believes is confidential or privileged?
The opinion concluded that a lawyer who claimed confidentiality on a Form 8300 must, if served with a facially sufficient summons, make a good-faith determination whether a privilege applies, assert a…
May a legal aid organization assist two opposing parties who both apply for help, and on what conditions?
The opinion concluded that a legal services organization may not represent opposing parties, but, with safeguards, may assign each opposing party to a separate pro bono attorney, or represent one whil…
May a lawyer report a client who has not paid fees to a credit reporting service?
The opinion concluded that a lawyer may report a delinquent client to a credit reporting service only if the client is a former client, no confidential information unrelated to collecting the debt is …
Must a criminal defense lawyer tell the court that the client has left the state to avoid a court appearance?
The opinion concluded that, under most circumstances, defense counsel may not divulge that a client has left the state to avoid a court appearance until required at the scheduled appearance, and even …
Can a lawyer interview a represented corporation's former employees and former managers without the corporation's lawyer's consent?
The opinion concluded that a lawyer may communicate ex parte with former managers and former employees of a represented corporation without the corporation's lawyer's consent, unless those individuals…
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 lawyer take assignments from a temporary-lawyer staffing agency that rents lawyers to firms?
The opinion concluded that a lawyer may accept assignments from a temporary-lawyer agency only if confidentiality, conflicts, professional independence, unauthorized-practice, and fee-division concern…
Must a criminal defense lawyer disclose a client's prior convictions at sentencing if the prosecutor and court are unaware of them?
The opinion concluded that defense counsel has no duty to disclose a client's record of prior convictions to correct an incomplete sentencing record, provided that neither the lawyer nor the client af…
When a paralegal or legal secretary leaves a firm to work for opposing counsel, what are the two firms' duties, and is the hiring firm disqualified?
The opinion concluded that a hiring firm is not automatically disqualified when it hires a nonlawyer who worked for opposing counsel, but the hiring firm must not seek or use the former firm's client …
Can a lawyer who served as intermediary in a private adoption reveal the natural parents' identity to the adoptive parents so they can sue to recover money paid?
The opinion concluded that, where the natural parents' identity was never disclosed and was not intended to be revealed, the attorney who acted as intermediary may not reveal it to the adoptive parent…
After a firm withdraws because a new partner had represented the opposing party, may the firm meet with the client's substitute counsel to hand off the case?
The opinion concluded that the withdrawing firm may hold transitional conferences with the client's new counsel about the status and issues of the case, provided it does not breach the confidences or …
Must a Florida lawyer who suspects a former client gave false affidavits or deposition testimony disclose the suspected fraud to the court?
Only if the fraud is 'clearly established.' Under DR 7-102(B) the duty to reveal a client's fraud on a person or tribunal arises only when the lawyer has information clearly establishing it; doubt is …
When a lawyer closes a practice, can the lawyer destroy the files of clients who do not respond to a notice letter after 90 days?
The opinion concluded that a lawyer disposing of client files must make a diligent attempt to contact all clients, may not automatically destroy files after 90 days, and must individually review the f…
Can a lawyer report another lawyer's ethics violation to a grievance committee when the lawyer learned of it through a client confidence?
The opinion concluded a lawyer has neither the duty nor the right to report another lawyer's ethics violation to a grievance committee when knowledge of it came from a client confidence, and that obta…
If financial-disclosure laws require a lawyer who holds public office to reveal client identities, and a client's identity is confidential, what must the lawyer do?
The opinion concluded that where a client's identity is a confidence or secret, a lawyer who is also a public official subject to financial-disclosure laws must choose between continuing the represent…
Must a Florida lawyer disclose to the court that his client lied at a deposition?
The opinion concluded that a lawyer who learns his client deliberately lied at a deposition must call on the client to rectify it, must withdraw, and, if the client refuses to rectify, must reveal the…
Can a prosecutor reveal information from law enforcement officers in a later civil suit against those officers?
The opinion concluded yes; an assistant state attorney who received confidential information from law enforcement officers in a criminal prosecution may reveal it in a related civil action against tho…
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 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…
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…
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 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…
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…
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 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.
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…
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 …
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…
Can a lawyer in a private adoption reveal the adopting parents' identity to the hospital to avoid being sued for the unpaid bill?
The opinion concluded that the lawyer, having arranged to keep the adopting parents anonymous to protect the confidentiality of the adoption, could not disclose their identity to the hospital; any los…
If a lawyer is served with a writ of garnishment over a client's judgment debt, can the lawyer assert the attorney-client privilege, and must the lawyer withdraw if the client won't waive it?
The opinion concluded that a lawyer served with a garnishment writ may properly assert the attorney-client privilege in response and is not required to withdraw from representing the client if the cli…
Can a lawyer refuse to give a government agency information about a client's affairs based on a good-faith claim of privilege or work product?
The opinion concluded that a lawyer does not act unethically by declining to give a government agency information about a client's affairs when he believes in good faith he has legal grounds to withho…
If a client confides that the deceased testator left a surviving legal spouse with possible claims, can the lawyer keep that secret and still represent the client?
The opinion concluded that the lawyer may not reveal the client's confidence about the surviving legal wife without consent, but also may not continue to act for the client in any matter where that in…
Can a lawyer represent a client in one lawsuit while opposing that same client as an adversary in a different, unrelated lawsuit?
The opinion concluded that a lawyer should not represent a client in one litigated matter while opposing that client in another, even if the matters are unrelated and no confidences are involved, and …
If a lawyer is subpoenaed to testify about a client's assets, can the lawyer refuse to answer questions he believes call for privileged communications?
The opinion concluded that whether a particular communication is privileged is a question of law for the court; a lawyer may refuse to answer matters he in good faith believes privileged unless the co…
Can a local bar association keep a shared file listing clients who are delinquent on attorney's fees, and may a lawyer take on a client who still owes another lawyer?
A majority of the committee found a bar-association reference file of fee-delinquent clients unprofessional and possibly contrary to the confidentiality canon; it also stated it is not unethical for a…
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.