Can a lawyer suspended from practice keep his name listed as an attorney in directories, and will the bar interpret the terms of his suspension?

Plain-English summary

The inquiry posed questions about the terms and conditions of a member's suspension from practice. The committee held formally that the terms and conditions of a member's suspension are subject only to the interpretation of the Supreme Court, and that the committee has no jurisdiction to interpret the Court's order, so it denied an opinion on those questions.

The committee did address the directory question. It felt the inquirer should not give consent for his name to appear in any directory, law list, or telephone book as an attorney. It characterized his current status as that of an attorney admitted to practice in Florida, but not practicing at this time.

Currency note

This opinion was issued in 1963, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion cited no specific Canon; the substance, a suspended lawyer holding himself out as a practicing attorney, is now addressed by Rule 4-5.5 (unauthorized practice) and the prohibition on misleading communications about a lawyer's services under Rule 4-7.13 and related advertising rules of the Rules Regulating The Florida Bar (Model Rules 5.5 and 7.1). Subsequent rule amendments or later opinions may have changed the analysis, and the procedures governing suspension and reinstatement have their own current rules. Treat this page as historical context, not current guidance.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: Will the bar's ethics committee interpret the terms of a suspension order?

A: No. The committee held that the terms and conditions of a suspension are subject only to the Supreme Court's interpretation and that it has no jurisdiction to interpret the Court's order.

Q: Can a suspended lawyer stay listed as an attorney in a directory or phone book?

A: The committee advised against it. It said the suspended member should not consent to his name appearing as an attorney in any directory, law list, or telephone book.

Background and rules framework

The opinion cited no specific Canon. Its directory-listing conclusion concerns a lawyer holding himself out as practicing while suspended, a subject now addressed by Rule 4-5.5 (unauthorized practice) and by the rules against misleading communications about legal services, including Rule 4-7.13, of the Rules Regulating The Florida Bar (Model Rules 5.5 and 7.1). The jurisdictional half of the opinion reflects the committee's settled limit: it interprets the rules of conduct, not the Supreme Court's disciplinary orders.

Citations and references

Rules of Professional Conduct:

• (No Canon cited in the opinion) [subject now addressed by current Rules 4-5.5, 4-7.13]

See also

• FL Bar Ethics Op. 65-21: Taking Cases From a Disbarred Lawyer
• FL Bar Ethics Op. 66-20: Fee-Sharing With a Disbarred Lawyer

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-63-17/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-63-17.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 63-17
September 17, 1963
Advisory ethics opinions are not binding.
Opinion denied on questions concerning terms and conditions of suspension from the practice of law, as the Committee has no jurisdiction to interpret the order of the Supreme Court. A suspended member of the Bar should not permit his name as an attorney to appear in any directory.
Vice-Chairman Smith stated the opinion of the committee:
It is the formal opinion of the Committee that the terms and conditions of the suspension of a member of The Florida Bar are subject only to the interpretation of the Supreme Court and that this Committee has no jurisdiction to interpret the Court's order.
The Committee also feels the inquirer should not give consent for his name to appear in any directory, law list or telephone book as an attorney. His current status, it is felt, is that of an attorney admitted to practice in the State of Florida, but not practicing at this time.