Can a Florida lawyer employ a retired out-of-state lawyer as an office manager who talks with clients and attends hearings?

Plain-English summary

A Florida lawyer proposed to employ a retired New York lawyer "as an office coordinator and manager," performing many functions customarily handled by a law clerk, but with no present intention of sitting for the Florida bar examination. The inquiry asked whether the individual's name could be listed on the letterhead and whether he could talk with clients, attend conferences and hearings, relay messages between firm members and outside attorneys, and make changes in documents on a licensed attorney's instructions.

The committee concluded that the individual could not fairly be regarded as a lay office manager handling administrative functions, nor as a law clerk performing the functions incident to the brief period of service while studying for or awaiting bar results. As a member of another jurisdiction's bar, he would inevitably be regarded as a lawyer by colleagues, other members of the bar, and clients. The committee "unhesitatingly" answered all of the questions in the negative.

Currency note

This opinion was issued in January 1968, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Canon 47 (a lawyer must not aid the unauthorized practice of law). The questions it addressed are now governed by Rule 4-5.5 (unauthorized practice) and Rule 4-5.3 (responsibilities regarding nonlawyer assistants). 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 Treat this page as historical context, not current guidance.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. The opinions it cited, 62-6 and 65-24, have since been withdrawn.

Common questions

Q: Can a Florida firm hire a lawyer admitted only in another state to work as a nonlawyer staff member?

A: Under this opinion, not where the duties include talking with clients and attending conferences and hearings. The committee found that such a person would inevitably be regarded as a lawyer, so the arrangement could not be treated as lay office management or law-clerk work.

Q: Could the out-of-state lawyer's name appear on the firm letterhead?

A: No. The committee answered all of the propounded questions, including the letterhead listing, in the negative.

Background and rules framework

The opinion applied the former Canon 47, which barred a lawyer from aiding the unauthorized practice of law. That concern is now addressed by Rule 4-5.5 of the Rules Regulating The Florida Bar (unauthorized practice of law), with the Model Rule analogue at Rule 5.5, and by the duties for supervising nonlawyer assistants under Rule 4-5.3 (Model Rule 5.3).

Citations and references

Rules of Professional Conduct:

• Canon 47 [Canons of Professional Ethics; aiding the unauthorized practice of law]
• Additional Rule 10

Other opinions cited:

• Florida Opinions 62-6 and 65-24 (both since withdrawn)

See also

• FL Bar Ethics Op. 70-62: Delegating Tasks to Nonlawyer Staff
• FL Bar Ethics Op. 70-1: Law Clerks Interviewing Prospective Clients

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-67-39/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-67-39-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 67-39
January 8, 1968
Advisory ethics opinions are not binding.
A member of The Florida Bar may not properly employ a retired member of the bar of another jurisdiction as an office coordinator and manager with duties that include talking with clients and attending conferences, hearings and similar matters.
Note: Lawyer advertising rules are now in Rules Regulating The Florida Bar 4-7.11 through 4-7.22.
Canons: 47, Additional Rule 10
Opinions: 62-6, 65-24
Chairman MacDonald stated the opinion of this committee:
A member of The Florida Bar proposes to employ a retired New York lawyer "as an office coordinator and manager in my law office." This individual would perform many of the functions customarily performed by a "law clerk," but has no present intention of standing the Florida bar examination. We are asked a number of questions, including whether his name may be properly listed on a letterhead and whether he may talk with clients, attend conferences and hearings, receive or relay messages to members of the firm from outside attorneys, and "make changes" in documents pursuant to instructions of a licensed attorney.
In our judgment the individual in question could not fairly be regarded as a lay office manager, dealing essentially with administrative functions, nor could he be regarded as a "law clerk" performing the functions normally incident to that brief period of service while studying for or awaiting results of a bar examination. Rather, as a member of a bar of another jurisdiction and despite the best intentions of the inquirer, he would inevitably be regarded as a lawyer both by his colleagues and by the other members of the bar and clients.
Under the circumstances we unhesitatingly answer all of the questions propounded in the negative. See also our Opinions 62-6 [since withdrawn] and 65-24 [since withdrawn].