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 charge a client interest on advanced litigation costs in a contingency case?
Yes, at a lawful and reasonable rate, if it is in the client's best interest, disclosed in writing at the earliest opportunity, and the client gives informed written consent.
Can a Florida lawyer refer clients to a finance company that loans them money to pay legal fees?
Yes, if the lawyer has no interest in the lender, offers other payment options, charges no higher fee, keeps the representation regardless of repayment, and gets no benefit beyond the fee.
Can a Florida criminal defense lawyer advise a client to accept a plea that waives ineffective-assistance-of-counsel and prosecutorial-misconduct claims?
No. The defense lawyer has an unwaivable personal conflict of interest in advising on a plea that requires waiving ineffective-assistance and prosecutorial-misconduct claims, and a prosecutor may not …
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 …
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…
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…
What must a lawyer do with personal injury settlement funds when a medical provider or other third party claims part of them?
There is no bright-line rule. The lawyer cannot help a client unlawfully avoid statutory liens or court orders, must honor agreements the lawyer is party to, and where the lawyer owes a legal duty to …
Can a lawyer take a referral fee from a financial advisor for sending clients, or refer clients to the lawyer's own side business?
A lawyer may accept a referral fee from a nonlawyer securities dealer only if the referral is in the client's best interest, the lawyer fully discloses and obtains the client's informed written consen…
Can a lawyer holding a real estate deposit release it to the seller client, or require the client to sign an indemnity agreement, when the buyer defaults?
If the buyer has a valid legal claim to the escrowed deposit and the lawyer owes a legal duty to protect it, the lawyer may not release the funds to the seller client; the lawyer must hold them in tru…
Must a lawyer hired by an insurer to defend an insured give the client the Statement of Insured Client's Rights in an employment discrimination case?
Only if the discrimination claim includes an element of personal injury. Then Rule 4-1.8(j) requires giving the Statement of Insured Client's Rights at the start of the representation. If there is no …
Can one lawyer represent both the driver and the passenger from the same car accident?
It depends on the facts. Where the passenger has no actual or potential claim against the driver and coverage is sufficient, one lawyer may represent both; but where objective evidence supports a clai…
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 lawyer accept a flat fee per case from an insurance company to handle all of its insurance defense work?
The opinion concluded that a set fee per case for third-party insurance defense was not per se prohibited, but the lawyer could not accept a fee so low that it impaired her independent professional ju…
Can a lawyer use a medical-legal consulting service that is paid on a contingency fee to supply an expert witness for the client's case?
The opinion concluded it was impermissible for an attorney to enter into an arrangement with a medical-legal consulting service on a contingency fee basis to provide services to the client, including …
Can a lawyer accept referrals from an heir-hunting service or represent both the service and the heir in the same probate matter?
The opinion concluded that an attorney could not accept referrals from an heir-hunting service, nor represent the service and an heir jointly, where the service sought to represent heirs in a pending …
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 one attorney act as a neutral 'closing agent' for both the buyer and the seller in the sale of a business?
The opinion concluded that an attorney could not act as 'closing agent' for a business sale where material terms of the contract had not been agreed to or discussed, because such a transaction present…
When an insurer hires a lawyer to defend its insured, can the lawyer follow the insurer's instruction to file a motion that would harm the insured?
The opinion concluded that the lawyer's primary duty is to the insured and that the lawyer could not file a summary judgment motion at the insurer's instruction where the lawyer had determined the mot…
Can a lawyer agree to pay the attorney's fees and costs assessed against the client under the offer-of-judgment statute if the client loses?
The opinion concluded that an attorney could not ethically agree to pay fees and costs assessed to a client under the offer-of-judgment statute, because doing so would be prejudicial to the administra…
Can a law firm that represents local law enforcement agencies on civil matters also do criminal defense work in the same county?
The opinion concluded that a firm representing local law enforcement on civil and administrative matters is not per se barred from criminal defense work in the same county; whether dual representation…
Can a lawyer agree to be responsible for all of a client's litigation costs even if the client recovers?
The opinion concluded that an attorney could not unconditionally agree to be responsible for a client's litigation costs; Rule 4-1.8(e) permits advancing costs for a non-indigent client but contemplat…
Can a lawyer take a retainer and a share of a nonlawyer company's contingent fee to handle the company's securities-arbitration clients?
The opinion concluded that the proposed affiliation was improper, raising problems of conflicts of interest, prohibited solicitation, fee-splitting with a nonlawyer, and assisting the unauthorized pra…
What must a lawyer do when two clients' interests become adverse and the court denies the motion to withdraw?
The opinion concluded that a lawyer representing two clients whose interests become adverse must move to withdraw; if the court denies the motion, Rule 4-1.16(c) requires the lawyer to continue the re…
Can a lawyer sign a letter indemnifying a surety that issued a cost bond for the lawyer's out-of-state client?
The opinion concluded that a lawyer may not give a letter of indemnification to a bonding company for an out-of-state plaintiff's cost bond, because there is no ethical distinction between standing su…
May a personal injury lawyer help arrange loans to clients and serve as trustee to ensure the loan company is repaid from the recovery?
The opinion concluded that a lawyer's participation in a plan to refer personal injury clients to a loan company and to sign a trust declaration making the lawyer trustee for the lender would be uneth…
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…
Can a lawyer who refers a personal injury case away because of a conflict still collect the 25% referral fee?
The opinion concluded that a lawyer who refers a personal injury case because of a conflict may not take the 25% referral fee; the lawyer may receive only the reasonable value of services performed be…
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…
When a client stops paying, can the lawyer sue for fees or take other action against the client during the representation?
The opinion concluded that a lawyer whose client has reneged on a fee agreement should not take action adverse to the client until the representation has ended; if the nonpayment compromises the lawye…
Can a lawyer who regularly represents an insurer serve as that insurer's party-appointed arbitrator on a tripartite panel?
The opinion concluded that an insurance defense lawyer may serve as a non-neutral, party-appointed arbitrator on a tripartite panel in a proceeding involving a regular client, provided the relationshi…
Can one lawyer represent several codefendants in the same lawsuit when they could point fingers at each other?
The opinion concluded that a lawyer may represent multiple codefendants with a potential conflict only if the lawyer reasonably believes no client's representation will be adversely affected and each …
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…
If a malpractice insurer can settle without the physician's consent, can one lawyer represent both the physician and the insurer?
The opinion concluded that a lawyer may represent both only after consulting each about the policy's settlement clause and obtaining consent, may not negotiate a settlement for the insurer when the ph…
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…
Must a lawyer drop a long-time client when the opposing party joins a group that the lawyer's partner represents in a completely unrelated matter?
The opinion concluded that the lawyer need not withdraw, because the two matters are entirely unrelated and the opposing party was never the lawyer's client, so continued representation is proper afte…
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 …
Can a lawyer represent an insured under an insurer's instruction not to give the insured any opinion on the settlement value of the case?
The opinion concluded that a lawyer may not accept or continue representation of the insured under an insurer's instruction that the lawyer not express any opinion on the case's settlement value, beca…
Can a law firm that represents the county government and its sheriff and clerk also defend private clients on traffic charges in the county court?
The opinion concluded that a firm representing the county government and its elected officials, including the clerk, comptroller, and sheriff's department, may not defend clients on traffic violations…
Can a county attorney who represents the county commission also represent an individual commissioner charged before the state ethics commission?
The opinion concluded a county attorney who by contract represents the county commission, not its individual members, may not represent an individual commissioner before the Florida Ethics Commission …
Can a lawyer serve as an assistant state attorney prosecuting misdemeanors while his law partner defends criminal cases in the same jurisdiction?
The opinion concluded a lawyer may not serve as an assistant state attorney, even prosecuting only misdemeanors, while his partner engages in criminal defense in the same jurisdiction, because the par…
Can two lawyers who share office space and trade hourly work serve as opposing counsel in an uncontested divorce or testify for each other about reasonable fees?
The opinion concluded that lawyers with an office-sharing and hourly-work relationship may not serve as opposing counsel in uncontested dissolutions or execute affidavits or testify on each other's re…
Can lawyers who only share office space hold themselves out as a partnership, and can a defense lawyer share space with part-time assistant public defenders?
The opinion concluded it is improper for lawyers who only share office space and staff to hold themselves out as a partnership, and that a criminal-defense lawyer should not share space with part-time…
Can a lawyer employed by a federal agency join a labor union that includes both lawyer and non-lawyer employees of that employer?
The opinion concluded a Florida Bar member may not ethically join a labor union of lay and attorney employees relating to his federal employer, because of the divided loyalty such membership creates; …
Can a Florida lawyer keep a fee a title company pays for endorsing its title commitment if the client consents?
The opinion concluded a lawyer may, with client consent after full disclosure, take a percentage of the title insurance fee for endorsing a title company's commitment, but must credit against the clie…
Can a firm that sues an insurance company for plaintiffs also defend that same insurer in other cases?
The opinion concluded that a firm with a substantial plaintiffs' personal injury practice against a particular insurance company may not, even with the consent of all clients, simultaneously defend th…
Can a lawyer who is a reserve police officer and legal officer for the reserve police do criminal defense work in the same area?
The opinion concluded a lawyer who is a reserve police officer and legal officer for the reserve police may not do criminal defense work in the court where those officers make arrests returnable or in…
Can a lawyer-legislator, or his partner, also serve as a city attorney or special-district counsel?
The opinion concluded yes; a lawyer may serve in the Florida legislature while he or his partner is a city attorney or special-district counsel, but he may not vote on or participate in matters signif…
Can a former federal law clerk work on a bankruptcy matter pending before the judge he clerked for?
The opinion concluded he may not; a former law clerk now in private practice may not perform any legal services for the trustee in a Chapter X proceeding pending before the judge for whom he clerked.
Can a lawyer who is also a corporation's officer and a material witness keep representing it in litigation?
The opinion concluded he should try to secure outside counsel for the insolvent corporation; if he cannot, he should disclose the facts to the court and seek a determination that he falls within the h…
Can a lawyer with a regular criminal defense practice also accept appointments to prosecute unrelated cases?
The opinion concluded he may not; a lawyer who regularly represents criminal defendants in his private practice may not also serve as prosecutor in criminal cases unrelated to that practice.
Must an assistant city attorney withdraw from suing the city's insurers when an insurer impleads the city?
The opinion concluded yes; an assistant city attorney representing a private claimant against the city's insurers must withdraw once an insurer files a third-party complaint against the city.
Can the lawyer for an estate's personal representative tell the surviving spouse about elective-share and other statutory rights?
The opinion concluded yes; a surviving spouse who claims an elective share or statutory entitlements does not, without more, have a conflict with the personal representative or other beneficiaries, an…
Can an insurer's lawyer also represent the claimant in a friendly suit or wrongful-death settlement needing court approval?
The opinion concluded no; a lawyer employed by an insurer may not also represent the minor claimant in a 'friendly suit' to approve a settlement, nor the personal representative seeking approval of a …
Can a firm that represents the local sheriff also take criminal defense work in the same jurisdiction?
The opinion concluded a firm that represents the local sheriff (individually or in official duties) may not do criminal defense work in that jurisdiction unless the representation is so casual or spor…
Is it solicitation for a Florida lawyer to ask a title company to let him examine its title work for a fee?
The opinion concluded that a lawyer asking a title insurance company to let him examine its work product for a fee, to give his client added assurance of marketable title, is not solicitation where th…
Can a law firm represent a city in one matter while other lawyers in the firm represent private clients against the city in unrelated matters?
The opinion concluded a law firm specially retained to represent a municipality in a labor matter may take that engagement, and other lawyers in the firm may appear before municipal boards or against …
Can a Florida lawyer help arrange loans for clients' living expenses repaid from their case settlements?
The opinion concluded a lawyer may not participate in an arrangement in which a loan company makes living-expense loans to the lawyer's clients on the condition that the lawyer co-signs an agreement t…
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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.