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.
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 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 personal injury lawyer forgive part of the advanced costs a client owes out of a small settlement?
Yes, in the circumstances presented: where there was no upfront agreement to be unconditionally responsible, the forgiveness occurs after settlement, and the lawyer takes no fee.
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…
Can a Florida lawyer buy a deceased attorney's practice from the estate and tie the installment payments to future collections?
Yes. A lawyer may purchase a law practice from a deceased attorney's estate and agree to reduce the annual installment payments if the firm's collections fall below an agreed amount in future years.
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 pay a paralegal or legal assistant a bonus based on the number of hours they billed?
No. Rule 4-5.4(a)(4) lets a lawyer pay a nonlawyer employee a bonus for extraordinary efforts on a case or over a set period, but a bonus calculated solely on the hours the nonlawyer worked treats eve…
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 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 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 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 law firm make an associate sign an employment agreement that financially penalizes the associate for taking firm clients after leaving?
The opinion concluded that the employment agreement's provisions violated Rule 4-5.6(a), which bars restricting a lawyer's right to practice after termination, because they created a substantial finan…
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…
Which fees must a lawyer hold in the trust account, and are nonrefundable or true retainers earned on receipt?
The opinion concluded that earned fees, including true retainers and agreed nonrefundable fees, are not placed in trust, while unearned fees and advances for costs must be, and that a flat fee coverin…
Must a lawyer who subpoenaed a physician as an expert witness pay the expert's fee if he didn't tell the expert beforehand that the fee was the client's responsibility?
The committee concluded that where a lawyer subpoenaed a physician to give expert testimony and did not tell the physician until after the testimony that he considered the fee a client obligation, the…
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 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 …
Can a discharged lawyer keep the client's case file until advanced costs are paid?
The opinion concluded that a law firm discharged before the litigation concludes may assert a retaining lien on the case file until advanced costs are reimbursed or guaranteed, subject to the ethical …
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…
Do Florida's contingent-fee limits and Statement of Client's Rights apply to Florida lawyers practicing out of state or working with out-of-state co-counsel?
The opinion concluded that choice-of-law principles, turning on which jurisdiction has the most significant relationship to the client and case, determine whether Florida's contingent-fee schedule and…
Can a lawyer assert a retaining lien on client funds that were entrusted for a specific purpose if some of the money turns out not to be needed?
The opinion concluded that an attorney may not assert a retaining lien against any portion of funds entrusted for a specific purpose, even if some portion proves unnecessary for that purpose, unless t…
In a divorce case, can a lawyer make the client's fee obligation contingent on the court ordering the other spouse to pay the fees?
The opinion concluded that an attorney's fee in a dissolution of marriage action may be made contingent on the court ordering the opposing spouse to pay the fee, because that contingency is not the pr…
Can a Florida lawyer charge interest on unpaid fees and on advanced costs?
The opinion concluded that a lawyer may charge a lawful rate of interest on liquidated fees and on advanced costs, either by advance written agreement or, absent an agreement, upon reasonable notice; …
Can a lawyer who is a shareholder in a law firm try the firm's own fee-collection suit when other firm shareholders will testify?
The opinion concluded that a shareholder-attorney may represent her incorporated firm at trial in a suit against a former client for the firm's fees, even though other shareholders will be witnesses, …
Can a lawyer apply trust funds held for one purpose to his own fee claim over the client's objection, and may he keep more than the claim is worth?
The opinion concluded that funds held in trust for a different purpose may not, over the client's objection, be applied to the lawyer's fee claim or claimed lien without prior court approval, and that…
Can a Florida lawyer charge a client the public rate for title insurance while keeping an undisclosed discount?
The opinion concluded no; a lawyer may not receive money from a third party that is charged to and paid by the client, directly or indirectly, without full disclosure to the client.
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…
Does a Florida lawyer who takes over a tort case have to share the fee with the client's discharged first attorney?
The opinion concluded no; the second attorney has no ethical duty to divide the fee with the discharged first attorney, as long as the fee arrangement with the client contained no provision for such a…
May a lawyer separately bill a client for time spent by the lawyer's salaried paralegals and other nonlawyer staff?
Yes, with care to avoid double-billing. A lawyer may separately itemize on a client's bill the time of salaried nonlawyer personnel for legal research and similar delegated work, but must avoid duplic…
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 Florida lawyer bill the client separately for in-house secretarial time as a cost?
The opinion concluded that separately billing a client for ordinary in-house secretarial time, though not specifically prohibited by the Code, is unprofessional and undignified and should be discourag…
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…
Can a lawyer file a class action naming himself as the class representative and seek his own attorney's fees?
The opinion concluded a lawyer may not file a class action in which he is a named plaintiff seeking to represent the class while also seeking recovery of attorney's fees for himself for representing t…
Can a developer's lawyer who is also a title insurance agent keep part of the buyer's title premium as a fee?
The opinion concluded that a lawyer who represents a condominium developer and is also an agent for the title insurer may retain part of the premium the purchaser pays for title insurance as part of h…
Can a Florida lawyer take a cut of a title insurance fee for endorsing a title company's commitment without telling the client?
The opinion concluded a lawyer may not participate in an arrangement where a title company remits a substantial percentage of the title insurance fee to the lawyer for endorsing its commitment without…
Can a firm split fees on referred cases with a terminally ill referring lawyer or that lawyer's estate?
The opinion concluded a law firm may divide fees for referred cases with a lawyer suffering from terminal illness, or with that lawyer's estate, in proportion to the services performed and responsibil…
May a lawyer file an affidavit in the county public records stating that former clients failed to pay attorney's fees?
The opinion concluded that a lawyer may not file such an affidavit in the public records, even one that disclaims any lien and any intent to sue, because its purpose was to shame the former clients in…
Can a volunteer legal aid lawyer request a court-awarded fee that will be turned over to the legal aid program, and must the lawyer disclose the legal aid role?
The opinion concluded that a lawyer handling a legal aid case may request a court-awarded fee even though the fee will be turned over to the legal aid association, but on requesting it must disclose t…
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 Florida lawyer guarantee or advance the fees of medical or expert witnesses in a personal injury case?
Yes. Under Rule 4-1.8(e) a lawyer may advance court costs and expenses of litigation, including witness fees, with repayment by a non-indigent client contingent on the outcome, and may pay them on beh…
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 …
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 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 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…
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.
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 criminal defense lawyer charge a contingent fee, or take a secured promissory note for the fee balance?
The opinion concluded that a contingent fee in a criminal case is improper, but that a lawyer may take a note for an agreed fee balance bearing lawful interest, secured by a transfer that is in form a…
Can a lender's lawyer charge the borrower or seller for the lender's attorney fees, and does that create a conflict?
The opinion concluded that there is no impropriety in a mortgage company requiring borrowers or fund recipients to bear or contribute to its attorney's fee, but that a party other than the borrower ch…
Can a workers' compensation lawyer withdraw before an appeal because the appellate fee is too low?
The opinion concluded that withdrawing from a compensation case when appeal is appropriate, solely because the appellate fee is inadequate, would be unethical unless the lawyer had a clear limited-sco…
Can a lawyer charge interest on a note for the unpaid balance of an agreed fee?
The opinion concluded that a note evidencing the balance of an agreed fee may bear interest, provided the rate is lawful and comparable to what a lending institution would charge the client.
Can a lawyer holding settlement funds in trust refuse to pay a forwarding attorney by claiming a retaining lien?
The opinion concluded that whether a retaining lien exists is a question of law beyond the committee's jurisdiction, but that if an attorney is entitled to a retaining lien he may ethically exercise i…
Can a bar association set up a bank-financed plan to let clients finance their legal fees through installment loans?
The opinion gave general approval to a proposed legal services financing plan in which banks lend clients the fees on the clients' own credit, finding no ethical impediment so long as the lawyer is no…
Can a Florida lawyer charge a property owner a contingent fee in a condemnation case on top of the attorney's fee the court awards under the eminent domain statute?
The opinion concluded that there is no ethical objection to a contingent fee in a condemnation case in addition to the statutory fee awarded by the court, so long as the total fee is reasonable and th…
Can a title-examining attorney take quit-claim deeds to other lots in a subdivision to himself, so that later owners must come to him to clear their titles for a small fee?
The opinion concluded that an attorney may not use information found in a title examination to take quit-claim deeds to other lots to himself, intending to reconvey to later parties for a minimum fee,…
If a workers' compensation claimant fires his lawyer before the case ends, can the lawyer petition the Industrial Commission for the fee he believes he earned?
The opinion concluded that a discharged claimant's attorney in a workmen's compensation proceeding may present an appropriate petition to the Florida Industrial Commission for any fee he in good faith…
Can a group of lawyers agree that probate fees earned by one of them will be shared with the lawyer who drafted the will, or that lawyer's survivors?
The opinion concluded that it is not ethically proper for a group of attorneys to contract to divide a probate fee with the lawyer who drafted the will, or his survivors, because the division would no…
Can a lawyer agree to handle all of a mortgage lender client's loan closings for a fixed monthly fee?
The opinion concluded that it is proper for an attorney to agree with a mortgage-lender client to conduct all of its closings for fixed monthly compensation, provided the lawyer takes no part of the b…
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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.