Can a law firm obtain Florida Bar pamphlets for a savings and loan association to display and distribute to the public?

Plain-English summary

A member reported that a federal savings and loan association had asked his firm to procure, for display and distribution in the association's building, copies of The Florida Bar pamphlet titled "Have You Made A Will?". The association wanted to make the pamphlet available to members of the public who asked about will-preparation problems.

The committee was unanimously of the opinion that there was nothing improper in the firm securing the pamphlets as planned, and nothing improper in the savings and loan association displaying and distributing them. The committee in fact commended the practice to members of the Bar.

Currency note

This opinion was issued in 1964, 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 recognized constitutional protection for truthful lawyer advertising and reshaped this area. The opinion applied former Canons 27 and 35 of the Canons of Professional Ethics; the distribution of public information about legal services is now addressed by Rule 4-7.11 (and related advertising rules) and a lawyer's professional independence by Rule 4-5.4 of the Rules Regulating The Florida Bar (Model Rules 7.2 and 5.4). 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 Treat this page as historical context, not current guidance.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 firm supply Bar-published public-education pamphlets to a business for distribution?

A: Yes. The committee found nothing improper in a firm securing The Florida Bar's will pamphlet for a savings and loan association to display and distribute, and it commended the practice.

Q: Was it improper for the savings and loan association itself to hand out the pamphlets?

A: No. The committee found nothing improper in the association displaying and distributing the pamphlets to members of the public who asked about will questions.

Background and rules framework

The opinion applied former Canon 27 (advertising) and Canon 35 (professional independence and lay intermediaries) of the Canons of Professional Ethics. The Bar's own annotation directs the reader to current Rule 4-7.11. Distribution of impersonal public-education material published by the Bar itself is now addressed by Rule 4-7.11 and related advertising rules, and the professional-independence concern by Rule 4-5.4 of the Rules Regulating The Florida Bar (Model Rules 7.2 and 5.4). The pamphlet here was the Bar's own publication, not material naming or promoting the inquiring firm.

Citations and references

Rules of Professional Conduct:

• Canons 27, 35 [Canons of Professional Ethics; advertising; professional independence and lay intermediaries; see current Rules 4-7.11, 4-5.4]

See also

• FL Bar Ethics Op. 64-79: Writing a Newspaper Legal Column
• FL Bar Ethics Op. 64-60: Will-Update Memo for Clients
• FL Bar Ethics Op. 64-61: Alerting Will Clients to Tax Law Changes

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-64-32/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-64-32-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 64-32
June 22, 1964
Advisory ethics opinions are not binding.
There is nothing improper in a law firm securing copies of pamphlets published by The Florida Bar for a savings association and nothing improper in the displaying and distributing of such pamphlets by the association.
Canons: 27, 35 [See current 4-7.11]
Chairman Smith stated the opinion of the committee:
A member of The Florida Bar states that a federal savings and loan association has asked his firm to procure for display and distribution in its building copies of The Florida Bar pamphlet entitled "Have You Made A Will?". The association wishes to make the pamphlet available to members of the public who ask about problems relating to the preparation of wills.
This Committee is unanimously of the opinion that there would be nothing improper in the firm securing the pamphlets as planned and nothing improper in the savings and loan association displaying and distributing the pamphlets. The Committee, in fact, commends the practice to members of the Bar.