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 store client files in the cloud using services like Dropbox or Google Drive?
Yes, if the lawyer takes reasonable precautions: confirming the provider's security, retaining adequate access to the data, and researching the provider before use.
Can a Florida lawyer let a paralegal use the lawyer's e-filing portal log-in to file court documents?
Yes. A lawyer may give E-Portal credentials to a trusted, supervised nonlawyer to file documents the lawyer has reviewed and approved; the lawyer stays responsible for the filing, should monitor porta…
What must a Florida lawyer do to protect client confidentiality on copiers, printers, scanners, and other devices that store data?
A lawyer who uses devices with hard drives or other storage media must take reasonable steps to protect client confidentiality and to have the device sanitized before disposal, including identifying t…
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 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…
May a law firm let a paralegal conduct a real estate closing when no lawyer from the firm is present?
The opinion concluded that a law firm may permit a trained nonlawyer employee to conduct or attend a real estate closing with no firm lawyer present if conditions are met, including lawyer supervision…
Can a law firm hire a nonlawyer to solicit business and pay them a commission on the fees they bring in?
The opinion concluded that a nonlawyer may do only the marketing a lawyer may ethically do (not in-person or telephone solicitation), may not be paid commissions tied to legal fees, and may not use a …
Can a lawyer run a second business or share office space with a nonlawyer from the same premises?
The opinion concluded that a lawyer may practice two professions from the same premises and may share office space with a nonlawyer, but must preserve client confidences, post separate signs to avoid …
Can a nonlawyer employee or paralegal conduct the initial interview with a new client?
The opinion concluded that having a nonlawyer conduct the initial client interview is not impermissible per se, though it is discouraged; the lawyer must supervise closely, the nonlawyer must disclose…
Can a Florida lawyer let a nonlawyer employee sign the lawyer's name to notices of hearing and other pleadings?
The opinion concluded that a lawyer may not under any circumstances permit a nonlawyer employee to sign the lawyer's name, even with the employee's initials, to notices of hearing or other pleadings, …
Can a bank charge borrowers for its in-house counsel's loan-closing work and pay that lawyer a bonus based on those charges?
The opinion concluded that a bank may require borrowers to reimburse the bank's actual cost of in-house counsel's loan-closing services and may pay that lawyer a bonus on those charges, but only if th…
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 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…
Does a certified legal intern need the client's written consent before representing the client on appeal?
The opinion concluded that a certified intern must obtain the client's written consent before representing the client on appeal, though initial trial-level consent may be drafted to extend to the appe…
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…
Can a lawyer sign and mail collection demand letters that bank employees fill in without his supervision?
The opinion concluded that an attorney who regularly represents a bank may not sign and mail form collection letters completed in material part by bank employees who are not acting under the attorney'…
May a lawyer delegate to nonlawyer staff the handling of negotiations with insurance adjusters on the lawyer's clients' claims?
The opinion concluded that lawyers may not delegate to lay persons the handling of negotiations with insurance company adjusters, because such negotiation requires the lawyer's professional judgment a…
Can a law firm's paralegal prepare real estate documents, attend closings alone, and use a 'Legal Assistant' title on cards and stationery?
The opinion concluded that a paralegal may prepare real estate documents under an attorney's supervision and full responsibility, but may not attend closings without an attorney present, and at the ti…
Can a law firm have employees who are admitted in another state but not Florida take depositions for the firm?
The opinion concluded that law-firm employees not admitted in Florida may not take depositions for the firm or do any work that constitutes the practice of law, even if they are law-school graduates a…
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…
Can a law firm let its developer client fill in and mail the closing-date notice on the firm's letterhead?
The opinion found no unauthorized practice of law in the client completing and mailing the firm's notice form, but a majority concluded that, to avoid an unseemly appearance, the notice to the other p…
What tasks can a lawyer delegate to nonlawyer staff in a law office?
The opinion concluded that lay personnel may be used only for mechanical, clerical, or administrative duties, and that a lawyer may not delegate any activity requiring the lawyer's own judgment and pa…
Can a lawyer let a client send collection form letters under the lawyer's name but with the client's return address?
The opinion concluded that it is unethical for a lawyer to allow a client to send out form letters under the lawyer's name, with the client's return address, for collection purposes.
Can a legal services program have law-student clerks interview prospective clients to screen eligibility and identify the problem?
The opinion concluded that a legal services program may permit law-student clerks to interview prospective clients to determine eligibility and ascertain the general nature of the problem, where the c…
Can a Florida lawyer represent a layman who wants to run a business that sends lien notices, files lien claims, and brings lien foreclosures for other laymen?
No. The committee concluded that helping a layman set up such a lien-handling service would assist the unauthorized practice of law and improperly involve fee division with, and an intermediary betwee…
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 a retired out-of-state lawyer as an office manager who talks with clients and attends hearings?
The opinion concluded that a Florida lawyer may not employ a retired member of another state's bar as an office coordinator and manager whose duties include talking with clients and attending conferen…
Can a nonlawyer office manager draw checks on a firm's client trust accounts and on the firm account?
Yes. The committee found no impropriety in a nonlawyer office manager drawing checks on client trust accounts upon proper authorization from the responsible attorney, or on the firm account when autho…
Can a lawyer suspended from practice take a job doing legal research for a law firm while his reinstatement is pending?
The committee could not agree and declined to resolve the question, concluding it was not a clear question of ethics and that the request to interpret the suspension order should go to the Committee o…
May a lawyer share office space, a secretary, and possibly a telephone with a CPA in the same building?
Yes. The committee found no impropriety in a lawyer and a CPA sharing a building, a secretary, and possibly a telephone, provided the offices, files, and clients are kept separate and the arrangement …
Can a lawyer use a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that a lawyer whose reasonable efforts to collect a delinquent fee fail may use a reputable collection agency, provided the lawyer discloses no client details beyond what is rele…
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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.