Can a lawyer organize an association of bank attorneys and send a letter inviting interested lawyers to join?
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This page answers the general question as of 1963. Ezel answers yours: whether it's allowed on your facts, under the current Florida Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry concerned the organization of an association of bank attorneys and the circulation of a proposed letter to lawyers who might be interested in joining it. The committee was unanimous that there was no problem of ethics involved per se in organizing such an association, and it saw nothing improper about circulating the proposed letter to interested lawyers.
Currency note
This opinion was issued in 1963, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and before the United States Supreme Court's decision in Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which reshaped the law governing lawyer advertising and solicitation. The opinion applied former Canon 27 of the Canons of Professional Ethics; communications among lawyers and direct contact are now addressed by Rule 4-7.18 and related advertising rules of the Rules Regulating The Florida Bar (Model Rule 7.2). 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 Treat this page as historical context, not current guidance.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: Is it ethical to organize an association of bank attorneys?
A: Yes. The committee found no ethics problem per se in organizing such an association.
Q: Could the organizer send a letter to lawyers who might want to join?
A: Yes. The committee saw nothing improper in circulating a proposed letter to those who might be interested.
Background and rules framework
The opinion applied former Canon 27 (solicitation and advertising) of the Canons of Professional Ethics. The subject is now addressed by Rule 4-7.18 (direct contact with prospective clients) and related advertising rules of the Rules Regulating The Florida Bar (Model Rule 7.2). The letter here was directed to fellow lawyers about a professional association, not to prospective clients about legal services.
Citations and references
Rules of Professional Conduct:
- Canon 27 [Canons of Professional Ethics; solicitation and advertising; see current Rule 4-7.18]
See also
- FL Bar Ethics Op. 63-35: Campaign Cards for a Lawyer Candidate
- FL Bar Ethics Op. 64-32: Bar Will Pamphlets at a Savings Association
Source
- Landing page: https://www.floridabar.org/etopinions/etopinion-63-32/
- Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-63-32.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
FLORIDA BAR ETHICS OPINION
OPINION 63-32
December 2, 1963
Advisory ethics opinions are not binding.
There is no problem of ethics per se in the organization by an attorney of an association of bank attorneys, and nothing improper in the sending of a letter to those who might be interested in such association.
Canon: 27
Chairman Smith stated the opinion of the committee:
It is the unanimous opinion of the Committee that there is no problem of ethics involved per se in the organization of an Association of Bank Attorneys. The Committee further sees nothing improper about the circulation of a proposed letter to those who might be interested in such Association.
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