Can a Florida lawyer teach a public legal-education course to non-lawyers?

Plain-English summary

A lawyer asked whether he could teach a course on general legal subjects to laymen in the adult education division of a local school. The course announcement distributed to the public did not name the lawyer; in his presentation he gave no reference to any specialized training or to his availability for professional employment; and he did not, and announced that he would not, give advice on particular legal problems of class members.

The committee answered in the affirmative. It read EC 2-2 to encourage lawyers to participate in educational programs concerning the legal system, including seminars and lectures, so long as lawyers shun personal publicity, and read DR 2-104(A)(4) to specifically authorize a lawyer to speak publicly on legal topics so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice. The committee cited its earlier Opinion 75-16, which recognized a lawyer's right to contribute articles on general legal topics and to speak publicly on general legal topics under the same limits.

Currency note

This opinion was issued in 1977, 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 Treat this page as historical context, not current guidance.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 Rule 4-7.18 before relying on any specific requirement mentioned here.

Common questions

Q: Can a lawyer teach a continuing-education or adult-education course to non-lawyers?

A: The opinion concluded he may, citing EC 2-2 and DR 2-104(A)(4), provided he does not emphasize his own experience or reputation and does not give individual legal advice.

Q: Could the lawyer answer class members' specific legal questions?

A: No. The lawyer in the inquiry announced he would not give advice on particular legal problems of class members, and the committee's approval rested in part on that limit.

Q: Could the course materials name the lawyer?

A: In this inquiry the public course announcement did not identify the lawyer by name, and the committee approved the arrangement on those facts; the opinion's emphasis is on avoiding personal publicity and self-promotion.

Background and rules framework

The opinion applied EC 2-2 and DR 2-104(A)(4) of the former Code of Professional Responsibility, addressing public speaking and teaching by lawyers on legal topics without personal publicity. That subject corresponds to the advertising and solicitation rules now reflected in Model Rules 7.1 through 7.3; the current Florida counterpart on speaking and writing for the public is Rule 4-7.18.

Citations and references

Rules of Professional Conduct (as cited, former Code):

• CPR EC 2-2; DR 2-104(A)(4) (speaking publicly on legal topics without self-promotion)

Other opinions cited:

• Florida Bar Opinions 73-30 [since withdrawn]; 75-16

See also

• FL Bar Ethics Op. 75-30: Advertising a Lawyer Referral Service
• FL Bar Ethics Op. 76-6: Two-County Directory Listings

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-75-36/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-75-36-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 75-36
January 31, 1977
Advisory ethics opinions are not binding.
A lawyer may teach a course on general legal subjects to laymen at a local school so long as he does not emphasize his own professional experience and does not seek to give individual advice.
CPR: EC 2-2; DR 2-104(A)(4)
Opinions: 73-30; 75-16
Vice Chairman Lehan stated the opinion of the committee:
A lawyer inquires whether he may properly teach a course on general legal subjects to laymen at an adult education division of a local school. The course announcement distributed to the public does not identify the lawyer by name. The lawyer does not in his presentation to the class give reference to any specialized training which he has or to his availability for professional employment. He does not, and specifically announces that he will not, give advice on particular legal problems of class members.
The Committee answers the inquiry in the affirmative.
EC 2-2 encourages lawyers to participate in educational programs concerning our legal system, including specifically participation in seminars and lectures so long as the lawyers shun personal publicity. DR 2-104(A)(4) specifically authorizes a lawyer to "speak publicly . . . on legal topics so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice."
See Opinion 75-16 of this Committee, and the various authorities referred to therein, as to a lawyer contributing articles on general legal topics to a newspaper and being identified in connection therewith by name and profession. In Opinion 75-16 this Committee specifically recognized the right of a lawyer to speak publicly on general legal topics so long as he does not emphasize his own experience or reputation. See also Opinion 73-30 [since withdrawn].