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.
No The Florida Bar opinions match these filters
Try a different search term or clear the filters.
How may a Florida lawyer pay a for-profit lawyer-matching or referral service without improperly splitting fees?
Payment is permissible if it is a fixed charge tied to the provider's marketing and administrative costs, not a cut of the lawyer's fee or a charge based on the value of the case.
Can a Florida lawyer solicit clients in an Internet chat room, and does the lawyer have to file those messages with the Bar?
A lawyer may directly solicit prospective clients in a text-based chat room only if the message meets all the rules for direct written communications, and unsolicited solicitations must be filed with …
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 lawyer give a second opinion to someone who already has a lawyer in the matter?
Yes. Rule 4-4.2's bar on contacting a represented person applies only when the lawyer is representing a client in the matter, so a lawyer approached by a represented person for a second opinion or to …
Does a Florida lawyer have to file an informational newsletter sent to prospective clients with the Bar, and refile every issue?
The first issue of a newsletter mailed to prospective clients must be filed with the Bar's advertising committee for review. Later issues need to be filed only if they add new firm information that is…
Can a lawyer accept referrals from an heir-hunting service or represent both the service and the heir in the same probate matter?
The opinion concluded that an attorney could not accept referrals from an heir-hunting service, nor represent the service and an heir jointly, where the service sought to represent heirs in a pending …
Can a lawyer take a retainer and a share of a nonlawyer company's contingent fee to handle the company's securities-arbitration clients?
The opinion concluded that the proposed affiliation was improper, raising problems of conflicts of interest, prohibited solicitation, fee-splitting with a nonlawyer, and assisting the unauthorized pra…
May a lawyer enter a referral and fee arrangement with a public adjusting firm that solicits accident victims and shares in the lawyer's fee?
The opinion concluded that it is unethical for a lawyer to participate in such an arrangement, which would involve improper fee-splitting with a nonlawyer, improper solicitation, and assisting the unl…
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 …
Which older Florida ethics opinions on lawyer advertising and solicitation are no longer good authority?
The opinion withdrew a long list of pre-1978 committee opinions touching advertising and solicitation as obsolete, recognizing that the constitutional and rule changes following Bates had overtaken th…
Can a lawyer take cases referred by an heir-hunting service that contacts potential heirs and steers them to the lawyer?
The opinion concluded it is improper for an attorney to let an heir-hunting service advise potential heirs of his services or to contact potential heirs from names the service provides, because the ar…
Can a Florida lawyer teach a public legal-education course to non-lawyers?
The opinion concluded a lawyer may teach a course on general legal subjects to laymen at a local school, so long as he does not emphasize his own professional experience and does not give individual l…
Can a Florida lawyer write a newspaper column on legal topics and be named as the lawyer-author?
The opinion concluded a lawyer may prepare and contribute articles on general legal subjects to newspapers and may be identified by name and as an attorney, receding from earlier opinions that had req…
Can a lawyer who teaches a public course accept a client who is a student in that course?
The opinion concluded a lawyer teaching a course in mobile home owners' law at a junior college may accept employment from a mobile home tenants' association to which one of his students belongs, beca…
May a lawyer continue representing landowners after a landowners' association, without his knowledge, recommended his employment?
The opinion concluded there was no impropriety in the lawyer continuing the representation, because he did not authorize, consent to, or know about the association's recommendation and instructed it t…
Can a court-appointed criminal defense lawyer later represent the same client in a civil suit against the government arising from the same events?
The opinion concluded that court-appointed criminal counsel may represent the same client in a later civil action against the government or a public officer based on the same matter, and that the lawy…
What are a lawyer's duties when representing 'heir-finders' whose business may be unlawful, and can the lawyer keep representing them?
The opinion concluded that a lawyer who believes heir-finding by laymen is unlawful must tell the client so, but may continue the representation as long as the lawyer does not knowingly assist illegal…
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…
Can a firm that screens cases for a county bar's legal aid program also take the cases that turn out not to qualify for free aid?
The opinion concluded that the screening question involved a lawyer referral service that must first qualify with The Florida Bar under the Integration Rule, so the committee had no jurisdiction to an…
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 practicing lawyer also serve as executive director of a private association that has its own separate counsel?
The opinion concluded there is nothing unethical about a practicing lawyer also serving as executive director of a private association represented by other counsel, provided the association's lawyer i…
Can a lawyer mail other lawyers an announcement of availability to consult or associate on appellate cases?
The opinion concluded that an attorney may send a select list of other attorneys a dignified announcement, not more than once a year, of his availability to consult or associate in appellate cases, so…
Can a lawyer returning from military service mail announcements that he is resuming practice and available to consult on securities matters?
The opinion concluded an attorney may send former clients and legal acquaintances an announcement of his retirement from military service and resumption of practice, and may separately announce to oth…
Can a lawyer publicly campaign through mass media against a judge the lawyer believes is unqualified?
The opinion concluded that a lawyer has both the right and the duty to oppose the election or reelection of a judge believed unqualified, but should not act in ways that lessen public confidence in th…
Can a lawyer who is also an ordained minister display an ordination certificate in the law office?
The opinion concluded that a lawyer who is an ordained minister may display an ordination certificate on his office wall among other certificates, without violating the rules against advertising and s…
Does a lawyer acting as a title insurance issuing agent improperly solicit by complying with state disclosure regulations?
The opinion concluded that a lawyer serving as a title insurance issuing agent may comply with state regulations requiring disclosure of coverage limits and an offer of owner's coverage, and that doin…
Can a lawyer speak at a bank-sponsored estate planning seminar held for residents of an apartment building?
The opinion concluded that a lawyer may participate as a speaker in a bank-sponsored estate planning seminar held at an apartment house, where the talk addresses estate planning in general and the ann…
Can a lawyer who represents a labor union also handle personal legal matters for individual union members?
The opinion concluded that there is no ethical objection to a lawyer representing a union and separately representing its individual members, so long as the union is not used as a 'feeder' of business…
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,…
Can a lawyer agree to prepare wills for a client and the client's coworkers, contact those coworkers, and offer a volume discount on the fees?
The opinion concluded that the lawyer may tell the coworker who contacted him that he is willing to prepare the wills, but may not initiate contact with the company or the other employees, must form a…
Can a Florida lawyer write directly to insurance companies to place mortgage loans for clients?
The opinion concluded that a lawyer may write directly to life insurance companies to obtain loans for clients, provided the letter does not directly or indirectly suggest that the lawyer or his offic…
Can a lawyer notify former will clients that a change in federal tax law may affect the wills the lawyer drafted for them?
The opinion concluded that a lawyer may notify clients whose wills the lawyer prepared of changes in federal tax law that may affect those wills, subject to conditions, and that any indirect suggestio…
Can a law firm give its will clients a printed memorandum, bearing the firm's name, explaining events that could affect their wills?
The opinion concluded that a firm may give testators of wills it prepared a printed memorandum bearing the firm's name that generally explains how asset changes or family events could affect a will, a…
Can a lawyer keep an office inside a corporate client's claims department to handle the company's claims and defense work?
The opinion concluded that a lawyer may maintain an office in a corporate client's claims department to handle settlement and defense of claims against the company, provided he carries on his other la…
Can a lawyer accept employment from a real estate broker's tax-advisory company that solicits taxpayers and hires the lawyer to pursue their tax-reduction claims?
No. The committee found it highly improper for a lawyer to take employment from a broker-run tax-advisory company that solicits the business and selects and pays the lawyer, holding it amounts to prac…
Can a lawyer be a director, stockholder, and legal advisor of a corporation that provides condominium-development consulting using lawyers and real estate brokers?
The committee concluded that violation of one or more Canons is probable and, as to unauthorized practice, inevitable, because the lawyer's firm would draw client work through the service, the service…
Can a lawyer planning to run for public office hand out campaign cards showing only his name and city, with no mention that he is a lawyer?
Yes. The committee found no Canon violation in a lawyer-candidate distributing cards bearing only his name and city, with no reference to his profession, provided the cards are not used to solicit leg…
Can a lawyer organize an association of bank attorneys and send a letter inviting interested lawyers to join?
Yes. The committee found no ethics problem in organizing an association of bank attorneys and nothing improper in circulating a proposed letter to lawyers who might be interested.
Can a Florida lawyer also run a separate business or work as an officer of a company?
Yes, with limits. The committee concluded a lawyer may engage in an independent business, and may be an officer and employee of a corporation, so long as he does not commingle the business with his la…
Can a lawyer leave a stack of business cards with a bank or business so its officers can hand them out to refer customers?
No. The committee concluded it is improper for a lawyer to leave a supply of professional business cards with a bank, savings and loan, or business officer so the cards can be used to refer customers,…
Can a lawyer whose office is in a hotel use the hotel's address and telephone number for the law office?
Using the hotel's street address is not improper since the office is actually located there. Using the hotel's main telephone as the office line may be improper because business could be channeled to …
Can a lawyer write a letter on office letterhead endorsing a political candidate and inviting the candidate to publish it?
Yes, on these facts. The committee found no basis for discipline where a lawyer used office letterhead to endorse a candidate, but cautioned that the answer would differ if the letter was intended to …
Can a lawyer run a law office out of his home and list his home address and phone number on a business card?
Yes. The committee found no objection to a lawyer maintaining a law office in his home, using his home telephone for business, and listing his residence address and telephone number on a professional …
May a lawyer hold an interest in a corporation he sets up to act as fiscal agent for cities on bond issues if he also represents municipalities that hire the corporation?
A lawyer may set up such a corporation, but the committee advised that he should not hold any interest in it if he also represents municipalities that employ the corporation, because of the risk of so…
May a lawyer form an association with or for a credit collection agency?
Yes, with conditions. The committee found no objection to a lawyer forming an association for a credit collection agency so long as his law practice is entirely disassociated from the separate busines…
Can a Florida lawyer hold a real estate broker's license with a real estate firm while also running an active real estate law practice?
The opinion concluded a lawyer may keep a real estate broker's license registered with a real estate firm and maintain a real estate law practice, provided the lawyer accepts no referrals from the fir…
Can a Florida lawyer practice law and real estate from the same office?
The opinion concluded that, after the 1979 deletion of DR 2-102(E), a lawyer may engage in the practice of law and real estate from the same office, though the committee cautioned against a feeder rel…
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.