Can a lawyer speak at a bank-sponsored estate planning seminar held for residents of an apartment building?
Apply this to your situation
This page answers the general question as of 1968. Ezel answers yours: whether it's allowed on your facts, under the current Florida Rules of Professional Conduct, with citations.
Plain-English summary
A lawyer was invited to speak at a January 1968 estate planning seminar sponsored by a national bank and held at a high-rise apartment house for its residents. The lawyer explained that the bank had held similar educational seminars for years at large apartment houses, with members of the county tax bar speaking, and that the residents received a brief announcement giving the date, time, and place. The announcement named no speaker; it indicated only that a local attorney, or a Florida attorney, or a Florida tax attorney would be among the speakers. The lawyer anticipated speaking on estate planning in general, without reference to any specific problems.
The committee found nothing improper about the lawyer's participation in the seminar.
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, and before the 1977 Bates v. State Bar of Arizona decision reshaped lawyer-advertising restrictions. It applied the former Canon 27 on advertising and solicitation. Advertising of legal services is now addressed by Rule 4-7.11 and following, and direct solicitation by Rule 4-7.18. Treat this page as historical context, not current guidance.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: Can a lawyer give a public talk at a seminar a third party organizes?
A: Under this opinion, yes on these facts. The committee found no impropriety in a lawyer speaking at a bank-sponsored estate planning seminar that was educational, addressed estate planning generally, and was announced without naming any specific attorney.
Q: What features did the inquiry emphasize?
A: The inquiry stressed that the seminar was educational, the announcement named no speaker (only that a local or Florida attorney would speak), and the talk would address estate planning in general rather than specific problems.
Background and rules framework
The opinion applied the former Canon 27, which governed advertising and solicitation. Advertising of legal services is now addressed by the advertising rules of the Rules Regulating The Florida Bar at Rule 4-7.11 and following, and direct in-person and similar solicitation by Rule 4-7.18; the opinion's header cross-references current Rules 4-7.11 and 4-7.18(a). The Model Rule analogues are Rules 7.1 and 7.3.
Citations and references
Rules of Professional Conduct:
- Canon 27 [Canons of Professional Ethics; see current Rules 4-7.11, 4-7.18(a)]
See also
Source
- Landing page: https://www.floridabar.org/etopinions/etopinion-67-48/
- Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-67-48-2.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
FLORIDA BAR ETHICS OPINION
OPINION 67-48
January 8, 1968
Advisory ethics opinions are not binding.
A member of The Florida Bar may participate in a seminar on estate planning to be conducted at an apartment house by a bank.
Canon: 27 [See current 4-7.11 and 4-7.18(a)]
Chairman MacDonald stated the opinion of the committee:
A member of The Florida Bar inquires as follows:
I have received an invitation to be a speaker at a seminar on estate planning to be held in January, 1968, sponsored by The _ First National Bank.
As I understand it, the seminar will be held at the __ House, in ___, Florida, for the residents of the __ House. I further understand that the _ First National Bank has been holding similar seminars for many years on __ at various large high-rise apartment houses at which seminars members of the __ County Tax Bar have been speakers. The purpose of these seminars is educational.
I have been informed that a brief announcement is sent out to the residents of the high-rise apartment house indicating the date, time and place of the meeting. I further understand that on the announcement no speaker's name is mentioned. It is merely indicated that a local attorney, or a Florida attorney, or a Florida tax attorney will be one of the speakers.
I anticipate that my speech will concern estate planning in general without reference to any specific problems or situations.
We find nothing improper about participation of the inquirer in this seminar.
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