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 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 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 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…
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 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 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…
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 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 …
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 …
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, …
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 …
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 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 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 defend physicians in a conspiracy suit when his former law partner was president of the hospital at the center of the dispute?
The opinion concluded that the lawyer was not precluded from the representation, provided neither he nor his former partner had represented the plaintiff or had access to confidential or privileged in…
After a firm jointly advised a car's driver and owner-passenger and appeared for the driver in traffic court, can another lawyer in the firm sue the driver on behalf of the owner-passenger?
The opinion concluded that the firm could not represent the owner-passenger in a civil action against the driver, because the firm had jointly advised both and appeared for the driver in traffic court…
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…
May a lawyer who handled a husband's injury claim contact the former clients to tell them the wife now has her own claim for loss of consortium?
A majority concluded the lawyer could advise the former clients of the wife's newly created cause of action if he had established a bona fide attorney-client relationship with the wife during the earl…
Can a lawyer represent a current client in a lawsuit against a former client when the prior work was unrelated?
The opinion concluded a lawyer may represent a current client against a former client where the current matter is unrelated to the prior work and the lawyer gained no confidences material to the curre…
Can a government lawyer litigate against a former private client without that client's consent?
The opinion concluded that a lawyer who joined the Attorney General's staff should not proceed in litigation against a former private client without that client's consent; with consent there is ordina…
Can a lawyer represent a new client in a suit brought by a former client when the new suit is unrelated to the prior work?
The opinion concluded that an attorney may represent a client in an action against a former client where the matter in litigation is unrelated to the prior representation, provided the attorney uses n…
Can a lawyer who sued for a tax assessor to settle ownership then represent one of the rival claimants in that suit?
The opinion concluded that a lawyer who, as counsel for a tax assessor, filed a declaratory judgment action to determine which claimant owned property and reviewed the title proof may not then represe…
Can a lawyer who represented both buyer and seller later pursue a claim against the former seller-client over documents the lawyer prepared?
The opinion concluded that a lawyer may not participate in asserting a claim against his former client, the seller, in connection with alleged warranties in instruments the lawyer prepared for both pa…
Can a lawyer sue a corporation his firm once organized, or one of its principals, in an unrelated matter?
The opinion concluded that a lawyer may represent a plaintiff against a corporation his firm organized, or against a principal, provided the suit is unrelated to the incorporation work and no relevant…
Can a former assistant city attorney represent a private client in a zoning matter involving that city?
The opinion concluded that a former assistant city attorney who performed no services for three years, formalized his withdrawal with the council, and gained no information adverse to the city may rep…
Can a lawyer who used to represent an association later represent a client suing that association?
The opinion concluded that a lawyer who had represented a cooperative apartment association may later represent an officer-client whose rights are affected by proposed bylaw amendments, provided the a…
Can a lawyer who opposed a rezoning for one group later seek a similar rezoning for an adjacent landowner over those former clients' objection?
The opinion concluded that an attorney who had unsuccessfully represented clients opposing the rezoning of a tract may not later represent the owner of an adjacent tract seeking similar rezoning when …
Can a lawyer advise a corporate client on a claim brought by a former employee the lawyer once represented in a divorce?
The opinion concluded that a lawyer may advise a corporate client on a claim by a former divorce client (a former employee) if the claim is unrelated to the divorce, no confidential information from t…
After a lawyer's former firm represented one party in a multi-car accident, can the lawyer represent another party whose claim may be against the firm's former client?
The opinion concluded that a lawyer whose former firm represented one party to a three-vehicle accident may not represent a second party whose interests may include a claim against the original client…
Can a corporation's lawyer who drafted a noncompete between the company and its president, while nominally representing both, later sue to enforce that noncompete for the company?
The opinion concluded that the lawyer may later represent the corporation in enforcing the noncompetition agreement, provided he learned nothing confidential from the president and the facts of the al…
Can a new county attorney prosecute a condemnation suit for the county when he earlier represented some of the landowners, if their parcels are severed and tried by other counsel?
The opinion concluded that the county attorney may represent the county in the part of the condemnation suit covering other parcels, where the parcels he had represented are severed and tried by other…
If the lawyer who represented the opposing party joins our firm, can the firm keep representing its client against that former opponent?
The opinion concluded that once the opposing party's former lawyer joins the firm, the firm may not pursue enforcement against that former opponent without the opponent's consent, even if the new arri…
After resigning as a corporation's counsel over the president's misconduct, can the lawyer represent stockholders suing the corporation?
The opinion concluded that the lawyer may disclose facts he learned as a director but should not act as attorney against a corporation he served as counsel and director, and especially not in a stockh…
After defending the car owner at the insurer's request, can the same lawyer defend the driver in a later suit the owner brings over the same accident?
The opinion concluded that the lawyer should not undertake the second defense, because shifting sides in litigation growing out of the same accident would undermine public confidence in the bar, even …
When an associate who worked on the employer-carrier's side switches to the claimant's firm, can that firm keep representing the claimant?
The opinion concluded that the claimant's firm should withdraw unless both the employer-carrier and the claimant, after being fully informed, consent to the continued representation, even if the arriv…
Can a lawyer represent a workers' compensation claimant against a corporation when the lawyer is a close friend of, and has personally represented, the corporation's president?
The opinion concluded that, after full disclosure and client consent, the lawyer may represent the claimant against the corporation despite his friendship with and prior personal representation of the…
Can an assistant city attorney prosecute someone a law partner once represented, where that representation ended before the partnership formed?
Yes. The committee found no Canon violation, and indeed a duty to prosecute, where no firm member currently represents the person, none has for about a year, and the partner's earlier representation p…
Can a lawyer represent a client again in a new matter after a court-appointed guardian had replaced the lawyer in an earlier case?
Yes. The committee saw no objection to a lawyer representing a client in a restoration-of-competency proceeding even though he had earlier represented her in a personal injury action from which a late…
Can a former assistant U.S. attorney defend a criminal case that was pending while he was in that office if he never worked on it?
Yes. The committee found no violation of the Canons where a former assistant U.S. district attorney defends a criminal case that was pending during his term but which he never handled, was never conta…
Can a lawyer who represented a crash victim's widow later represent one pilot against the other pilot and the plane owner?
The committee saw no conflict of interest in counsel who had represented the widow later representing the pilot of plane B against the pilot of plane A and the plane owner, where no claim would be mad…
Can a lawyer who handled a developer's loan closings later represent the bank foreclosing on those mortgages against the developer?
Yes, on these facts. The committee found no objection to a lawyer who previously handled a subdivision's loan and mortgage closings representing the banks in foreclosing those mortgages against the su…
May a lawyer foreclose a mortgage for client A against a corporation wholly owned by B, where the lawyer's partner and firm have represented B?
No, except by express consent of all concerned after full disclosure. The committee concluded that, because the lawyer's partner had represented B and the firm had also represented B, the firm could n…
May one attorney represent both spouses in a divorce, or switch to representing the wife after representing the husband?
No. The committee concluded that an attorney cannot with propriety represent more than one party in a divorce proceeding, and that having represented the husband and possibly obtained his confidences,…
May a lawyer sue over an accident at a hotel that an insurance-company client of his had previously insured?
Yes, with conditions. The committee found no impropriety in an attorney representing a client injured at a hotel after the policy period during which the hotel had been insured by a client of the lawy…
Can a lawyer or his firm be hired to attack the validity of a contract that the lawyer or one of his partners drafted?
As a general rule, no. The committee concluded that a lawyer may not accept employment to attack the validity of an instrument he drew, and that a firm cannot accept any employment one of its partners…
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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.