May a lawyer take the state real estate broker examination and hold a non-active broker license in order to teach real estate law?

Plain-English summary

A member asked whether it was ethical for a lawyer to take the Florida Real Estate Commission examination for real estate brokers, where the purpose was to obtain a license to teach real estate law in a registered school that prepares applicants for real estate licenses.

The committee found no objection to the lawyer taking the examination to hold a license as a non-active broker and to teach real estate law.

Currency note

This opinion was issued in 1962, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 27 of the Canons of Professional Ethics; a lawyer's involvement in law-related and outside business activity is now addressed by Rule 4-5.7 of the Rules Regulating The Florida Bar (Model Rule 5.7), among other provisions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Could a lawyer hold a real estate broker license in 1962?

A: The committee found no objection to a lawyer taking the broker examination to hold a non-active broker license for the stated purpose of teaching real estate law.

Q: What was the purpose the committee was asked about?

A: Obtaining the license to teach real estate law in a registered school whose function was to prepare applicants for real estate licenses. The committee approved the lawyer holding the license as a non-active broker and teaching.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics. A lawyer's participation in outside occupations and law-related services is now addressed by Rule 4-5.7 of the Rules Regulating The Florida Bar (Model Rule 5.7), among other provisions. The committee's brief opinion found no ethical objection on the facts presented.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; see current Rule 4-5.7]

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-62-17/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-62-17-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 62-17
August 21, 1962
Advisory ethics opinions are not binding.
It is ethical for a lawyer to take the Florida Real Estate Commission examination for real estate brokers to hold the license as a non-active broker for the purpose of teaching real estate law in a registered school.
Canon: 27
Chairman Holcomb stated the opinion of the committee:
The Committee on Professional Ethics has considered a request from a member of The Florida Bar for information as to whether it is ethical for a lawyer to take the Florida Real Estate Commission examination for real estate brokers, it being intended for use in obtaining a license to teach real estate law in a registered school whose function is to prepare applicants for real estate licenses.
We can find no objection to his taking this examination to hold a license as a non-active broker and to teach real estate law.