Can a law firm have employees who are admitted in another state but not Florida take depositions for the firm?

Plain-English summary

A law firm had two employees who were law-school graduates admitted to the bar in other jurisdictions but not in Florida. The firm asked whether those employees could take depositions, either inside or outside the firm's office, under the supervision, direction, control, and responsibility of the firm's attorneys.

The committee answered both questions no. It reasoned that, whether or not firm attorneys were present, the firm could use the two employees only for work that does not constitute the practice of law. The committee adhered to the considerations expressed in its prior Opinions 62-6, 65-24, 67-39, and 68-49, which had addressed similar inquiries.

Currency note

This opinion was issued in 1974, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rules 4-5.5 and 4-5.3 before relying on any specific requirement mentioned here.

Common questions

Q: Could the firm's out-of-state employees take depositions if supervised by Florida attorneys?

A: Under this opinion, no. The committee concluded that taking depositions is work that constitutes the practice of law, and supervision did not change that result.

Q: Did it matter whether a firm attorney was present?

A: No. The committee answered both the in-office and out-of-office questions in the negative, regardless of whether firm members were present.

Q: Did being admitted in another state help?

A: No. The committee treated employees admitted elsewhere but not in Florida the same as other non-lawyers for purposes of work that constitutes the practice of law in Florida.

Background and rules framework

The opinion applied the former Code of Professional Responsibility and the committee's prior opinions on what work non-Florida-admitted persons may perform. In current Florida practice the issue corresponds to Rule 4-5.5 (unauthorized practice of law and multijurisdictional practice) and Rule 4-5.3 (responsibilities regarding non-lawyer assistants); the Model Rule analogues are 5.5 and 5.3.

Citations and references

Other opinions cited:

• Florida Opinions 62-6 (since withdrawn), 65-24 (since withdrawn), 67-39, 68-49: work by persons not admitted in Florida

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-73-41/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-73-41-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 73-41
March 11, 1974
Advisory ethics opinions are not binding.
Law firm employees who are not admitted to practice in Florida may not take depositions for the firm, nor may they do any work which constitutes the practice of law, even though the employees are law school graduates and are admitted in other jurisdictions.
Opinions: 62-6, 65-24, 67-39, 68-49
Vice Chairman Sullivan stated the opinion of the committee:
A law firm has two employees both of whom are law school graduates and are admitted to the bar in other jurisdictions but not in Florida. A member of the firm asks:

1. Whether the two employees may take depositions in the firm's office under the supervision, direction, control and responsibility of attorneys in the firm.
2. Whether these employees may take depositions outside of the firm's office under the supervision, direction, control and responsibility of attorneys in the firm.
   The inquiry does not state whether members of the firm would be present during the taking of the depositions, but we are of the opinion that, whether or not members of the firm would be present, both questions should be answered in the negative.
   We are of the opinion that the inquiring attorney's law firm may use the two employees only for work that does not constitute the practice of law. We adhere to the considerations expressed in Florida Opinions 62-6 [since withdrawn], 65-24 [since withdrawn], 67-39 and 68-49, which dealt with similar inquiries.