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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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 lawyer communicate directly with employees of a represented government agency about matters the agency's lawyer is not handling?
Only a defined group of agency people is off-limits, and only on matters the agency lawyer is known to represent: officers, directors, managers, employees directly involved in the matter, and employee…
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 prosecutor advise crime victims about a civil restitution lien remedy without creating an attorney-client relationship?
The opinion concluded that an assistant state attorney may advise crime victims that the civil restitution lien remedy exists, but must tell victims the attorney represents only the state and should a…
Does Florida's no-contact rule apply to U.S. Department of Justice attorneys who communicate with represented suspects or witnesses?
The opinion concluded that Florida Rule 4-4.2 contains no exception for Justice Department attorneys; the rule has no 'authorized by law' exception, and the Supremacy Clause does not exempt federal pr…
When the opposing party is a government agency with counsel, which of its employees can a lawyer interview without the agency lawyer's consent?
The opinion concluded that the no-contact rule applies to government-agency parties the same way it applies to corporations: a lawyer may not contact management or any employee whose act or omission m…
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 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…
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…
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 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 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 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…
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…
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 lawyer take a federal indigent-defense appointment when his associate is a part-time assistant public defender?
The opinion concluded that, as a matter of legal ethics, a lawyer may accept a federal-court appointment to represent an indigent criminal defendant even though his associate is a part-time assistant …
Can a firm with a part-time assistant state attorney represent a public body when the state attorney is served in that suit?
The opinion concluded the firm may not, because one lawyer's conflict of interest is imputed to the whole firm, so a firm with a part-time assistant state attorney cannot represent a public body in a …
Can a part-time city defender also defend private criminal clients?
The opinion concluded that an attorney serving as a part-time city defender may ethically defend private clients in criminal matters in state, county, and municipal courts in the absence of a statute,…
Can a law firm that represents the sheriff in civil matters also handle criminal defense work?
The opinion concluded a firm should not handle criminal defense while it represents the local sheriff in civil matters, citing the appearance of impropriety and a possible conflict of interest; this o…
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…
May a lawyer who serves on a municipal advisory board represent private clients before other city agencies and courts?
The opinion concluded that, absent a statute or ordinance prohibiting it, the lawyer may represent private clients before other municipal agencies and courts, provided the client's matter has no relat…
May a lawyer sue a hospital when a member of the lawyer's firm sits on the hospital district's commission?
The opinion concluded that it is improper for a lawyer to represent a client suing a hospital when a member of the lawyer's firm is a member of the commission for the hospital district in which the de…
Can a lawyer elected to the state legislature keep representing public bodies created by special acts of that legislature?
The opinion concluded that a lawyer elected to the Florida Legislature may not continue to represent public bodies created by special acts of the legislature, because doing so would create a conflict …
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…
If a lawyer becomes an assistant state attorney, can he and his law partner keep taking court appointments to defend indigents in federal court?
The opinion concluded that, where a federal judge determines that a shortage of available attorneys creates hardship conditions, a newly appointed assistant state attorney and his partner may continue…
If one lawyer in a professional association becomes an assistant public defender, can the firm's other lawyers still take criminal cases?
The opinion concluded that if a member of a professional association is employed as an assistant public defender, no other member of that association may handle criminal cases.
Can a part-time public official run his private law practice out of the government office space provided for his public job?
The opinion concluded that he may not. A part-time public officer should not use public office facilities for his private practice, although occasionally making a telephone call or handling correspond…
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 the same county attorney serve as legal advisor to both the zoning commission and the board of zoning appeals that reviews the commission's decisions?
The opinion concluded that a lawyer may advise both the zoning commission and the board of zoning appeals, provided that at the review level he never steps outside the role of advisor to become an adv…
When one member of a law firm is a part-time municipal prosecutor, can the firm represent clients in personal injury cases arising from accidents the city's police investigated?
The opinion concluded that the firm and its members may not represent litigants in personal injury actions arising out of automobile accidents that municipal police investigated and charged, while one…
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.
Can a lawyer who is also a city councilman represent a client in a civil case investigated by that city's police officer?
The opinion concluded the representation is ordinarily proper because the officer typically establishes undisputed scene facts the lawyer need not impeach, but the lawyer should decline if he would ha…
Can a lawyer who sometimes handles criminal defense be appointed a special prosecutor in the same court?
The opinion concluded that, in a bona fide speedy-trial emergency, a lawyer who occasionally defends criminal cases in a court may be appointed a special county prosecutor there for short periods, par…
Can a lawyer who serves as counsel to a juvenile court also keep a private practice in the same county?
The opinion concluded a lawyer employed as legal counsel for a juvenile court may maintain a private practice in the same county, because the rule barring prosecutors from also defending criminal case…
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 who serves on the city council defend clients arrested by that city's police?
The opinion concluded a lawyer-councilman may represent a private client in courts other than his city's municipal court, but neither he nor his partners and associates may contest the evidence of the…
Can a lawyer appointed a special assistant state attorney for a limited matter still defend criminal cases in other courts?
The opinion concluded a lawyer appointed an assistant state attorney in a limited, special capacity may defend criminal cases in courts other than the one where he is prosecuting, including federal co…
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 former IRS agent later represent a taxpayer on the same returns he examined for the government?
The opinion concluded that a lawyer who, as an IRS employee, examined a taxpayer's returns is precluded from later representing that taxpayer on the same years' returns, even if the later examination …
Is a government lawyer held to the same trial-publicity rules as a lawyer for a private client?
The opinion concluded that an attorney representing the government is bound by the same ethical considerations on statements and publicity about pending litigation as an attorney for a private individ…
Can a part-time city prosecutor or the prosecutor's firm take criminal defense work in other courts?
The opinion concluded that, absent the unavailability of other counsel, neither a part-time city prosecutor nor members of his firm may handle criminal defense work in any court.
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 town attorney and prosecutor temporarily sit as judge of the same municipal court?
The opinion concluded that an attorney should not sit even temporarily as judge of a court in which he is normally the prosecuting officer, because his role as legal advisor to the arresting officers …
Can a county attorney defend property owners in a condemnation suit brought by the county school board?
The opinion concluded that a county attorney should not represent defendants in a condemnation suit brought by the Board of Public Instruction, even though he does not represent that board, because of…
Can a lawyer regularly employed by a city board represent private clients before the city's governing board?
The opinion concluded that an attorney employed on a regular basis by a municipality or its boards or commissions should not represent private clients before the governing board of the city.
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 one lawyer serve at the same time as both public defender and county prosecutor?
The opinion concluded that an attorney may not simultaneously serve as a Public Defender and a County Prosecuting Attorney, because the two positions fundamentally conflict under Canon 6.
Can an associate of a state attorney take appointed criminal defense work in federal or municipal court?
The opinion concluded that it would not be appropriate for an associate of a state attorney to accept appointment as defense counsel under the Federal Indigent Criminal Defense Act or to appear for cr…
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 county attorney who handles only civil matters defend a criminal case in the same county?
The opinion concluded that a county attorney whose duties relate only to civil matters may defend a person charged with crime in his county where the county commissioners have no control or supervisio…
Can a former assistant state attorney represent the family of a person whose death he helped investigate, and share a fee for it?
The opinion concluded that a former assistant state attorney who held supervisory responsibility over the investigation of a death may not later represent the deceased's family in a suit for accidenta…
Can a part-time city attorney whose law partner is a legislator advise the city about legislation?
The opinion concluded that a part-time city attorney whose partner is a legislator may advise the city about the contents of existing or proposed legislation and the desirability of change, but any ac…
Can an assistant state attorney who prosecuted a defendant for vehicular homicide later represent the decedent's family in a civil wrongful death suit against the same defendant?
The opinion concluded that an assistant state attorney who prosecuted a vehicular homicide case may not later represent the decedent's personal representative in a civil wrongful death action arising …
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 a lawyer is both an assistant state attorney and the county school board's attorney, can he handle the board's bond validation proceeding?
The opinion concluded that the lawyer should not take part in the validation proceeding in either capacity, because the state attorney's office has a statutory duty to scrutinize and, if necessary, op…
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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.