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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May a lawyer use firm letterhead to solicit political support or charitable contributions?
Yes, as long as the lawyer does not advertise the lawyer's experience or services. The committee concluded a lawyer may send a letter on firm letterhead soliciting political support or a charitable co…
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…
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…
When is an 'of counsel' lawyer treated as part of the firm so the fee-division rules don't apply?
The opinion concluded that an 'of counsel' lawyer is in the same firm for fee-division purposes only if the lawyer practices through that firm exclusively; a referral to an 'of counsel' lawyer with an…
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…
Do the different-firm fee-division rules apply when a departing lawyer keeps a share of a case she brought to her old firm?
The opinion concluded that an agreement dividing a fee between a firm and a lawyer who brought the case is not subject to the rules governing divisions between lawyers in different firms when the lawy…
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 …
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 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…
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 attorney practicing as a professional association be a partner, through the corporation, in a partnership of attorneys?
The opinion concluded that an attorney practicing as a professional association may participate, in the form of his corporation, as a partner in a partnership of attorneys, as long as the professional…
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 …
May an out-of-state law firm run a Florida office through a resident Florida lawyer who is not a partner in the firm?
No. The committee majority concluded it is improper for interstate firms to maintain, under varying formats, a Florida office operated by a resident Florida attorney who is not a partner; a Florida la…
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 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 full-time by a firm practice under his own name, and can a Florida Bar member working from an out-of-state office say so on his letterhead?
The opinion concluded a full-time firm employee may not practice under his own name to the exclusion of the firm name, but if he also maintains an individual practice his own letterhead is proper; a F…
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 'Of Counsel' describe a brand-new relationship with a firm, not just a former partner or associate?
The opinion concluded yes; the 'Of Counsel' designation may describe either a continuing relationship with a former partner or associate or a new relationship between a lawyer and another lawyer or fi…
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 an interstate law firm use its out-of-state firm name at its Florida office?
The opinion concluded that an interstate partnership with a Florida office may use its firm name in Florida even though none of the lawyers named in the firm name are admitted in Florida, but the lett…
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 …
Does the interstate-partnership rule let an out-of-state firm open a Florida branch office to serve its out-of-state clients?
The opinion concluded that the interstate-partnership concept does not cover branch offices of an out-of-state firm designed primarily to serve out-of-state clients who spend time in Florida; a true i…
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 lawyer use law office letterhead to write to other lawyers asking them to donate to a charity?
The opinion concluded that a lawyer volunteering in a fund-raising campaign for a reputable, established charity may use law office letterhead to write to other lawyers in the community soliciting con…
If a former assistant state attorney joins a firm, can a lawyer who is 'of counsel' to that firm defend people the new partner had helped prosecute?
The opinion concluded that an 'of counsel' lawyer is treated as part of the firm for conflict purposes, so he could not represent criminal defendants in matters the firm's new partner, a former assist…
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 …
Can a law firm let a marriage counselor use its office part-time to counsel the firm's domestic-relations clients?
The opinion concluded that it is ethical for a firm to let a marriage counselor use its office to counsel domestic-relations clients the firm refers, so long as her use is not advertised, her name is …
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 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.
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 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…
May an out-of-state corporate lawyer's business card show a corporate title alongside a Florida company address?
The opinion concluded that a business card showing the corporation's name and Florida address may identify the corporate attorney's position, but if the attorney is not licensed in Florida the card sh…
Can a Florida lawyer be of counsel to or a partner in a law firm based in a foreign country?
The opinion concluded that whether a Florida lawyer may be of counsel to or a partner in a foreign-country firm is for that jurisdiction's authority to decide, assuming the firm has no Florida office …
Can two lawyers who are not partners share a reception room and library without it looking like a partnership?
The opinion concluded that two non-partner lawyers may share a common reception room and library if they make every reasonable effort to avoid any impression of partnership, including separate letterh…
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 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 …
How must a law firm organized as a professional association tell clients about its corporate form, and can a nonlawyer retirement plan be funded from firm profits?
The opinion concluded that including 'Professional Association,' 'P.A.,' or 'Chartered' in the firm name gives clients adequate notice of the corporate form, that a fictitious name is acceptable if th…
Can a Florida lawyer employ an attorney who is not admitted in Florida as a research assistant?
The opinion concluded that a Florida lawyer may employ an attorney who is not a member of The Florida Bar as a research assistant, provided the assistant does no work constituting the practice of law,…
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…
Can a private law firm on retainer to a railroad use the railroad's company stationery marked 'Law Department' and 'Division Counsel'?
The firm could use 'Division Counsel' stationery only in dealings with the railroad's own employees or representatives, and could not use the 'Law Department' designation at all, because the firm's me…
Can a law firm note on its office door that one of its members is a state senator?
The opinion concluded that a law firm may not display on its office door the fact that the office is also the office of a firm member who is a state senator.
Can a lawyer display both an LL.B. and a J.D. diploma when the J.D. was issued as a substitute for the LL.B.?
The opinion concluded that it would be improper for a lawyer to display both an LL.B. diploma and a J.D. diploma when the J.D. was granted as a substitution for the LL.B., because doing so would tend …
Can a lawyer who works full-time as out-of-state corporate general counsel keep an office and his name on a Florida firm's letterhead?
The opinion concluded that a lawyer serving full-time as corporate general counsel in New York, who handles only incidental private matters on monthly Florida visits, may keep an office in his former …
Can a law firm send out an announcement of a merger and a new out-of-town office that lists the members' names and the cities where they practice?
The opinion concluded that a firm opening an additional office in another city coincident with a merger may announce both events, and the announcement may list the individual members of the merging fi…
Can a firm keep a former partner's name on its letterhead as a 'successor' or 'formerly' line after that partner becomes a judge?
The opinion concluded that a partnership may not reflect a former firm name on its letterhead when that name includes a former member who has become a judge, even in a 'successors to' or 'formerly' fo…
Can a Florida partnership list an out-of-state office on its letterhead when that office belongs to only one partner, not the partnership?
The opinion concluded that a Florida partnership may not list an office in another jurisdiction on the partnership letterhead when that office is not the partnership's but only one partner's, maintain…
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.