Can a Florida lawyer hold a real estate broker's license with a real estate firm while also running an active real estate law practice?

Plain-English summary

The inquiring lawyer asked whether he could keep a real estate broker's license registered with a real estate firm, in order to support his position teaching at an accredited real estate salesman's license school, while also maintaining an active law practice specializing in real estate transactions. The committee framed the question under the revised DR 2-102 and EC 2-8, along with DR 2-103 and DR 5-101(A), noting that the inquiry did not deal directly with permissible advertising and so was not controlled by the new advertising rules adopted in The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980).

The committee concluded that the facts did not present an "impermissible feeder" type operation. It held that if the lawyer refrains from accepting any referrals from the real estate firm and conducts himself so as not to violate DR 9-101 and EC 9-6, thereby avoiding any appearance of impropriety, he may continue his law practice and his teaching while leaving his real estate license registered with the firm.

Currency note

This opinion was issued around 1980, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

The official PDF of this opinion does not carry a printed issuance date. The opinion cites a 1980 Florida Supreme Court decision, which places it around 1980.

Common questions

Q: Can a Florida lawyer also be a licensed real estate broker?

A: The opinion concluded a lawyer may keep a broker's license registered with a real estate firm while practicing real estate law, subject to the conditions it set out.

Q: What conditions did the opinion attach?

A: The opinion conditioned the conduct on the lawyer accepting no referrals from the real estate firm and not violating DR 9-101 and EC 9-6, so as to avoid any appearance of impropriety.

Q: What is the "feeder" concern the opinion raised?

A: The opinion concluded the facts did not present an impermissible feeder operation, the concern being that a referral relationship between the firm and the law practice could function as improper solicitation.

Background and rules framework

The opinion interprets CPR EC 2-8, DR 2-102, DR 2-103, DR 5-101(A), EC 9-6, and DR 9-101. The personal-interest concern corresponds to Model Rule 1.7 (Florida Rule 4-1.7), and the feeder/solicitation concern corresponds to Model Rule 7.3 (Florida Rule 4-7.18) on solicitation.

Citations and references

Rules of Professional Conduct:

• CPR EC 2-8; DR 2-102; DR 2-103; DR 5-101(A); EC 9-6; DR 9-101 (Model Rules 1.7, 7.3)

Cases:

• The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980), revised advertising rules

Other opinions cited:

• Florida Ethics Opinions 66-16, 72-19, 74-54 (all since withdrawn), 78-14, 79-3

See also

• FL Bar Ethics Op. 79-3: Advertising Status as a Registered Real Estate Broker
• FL Bar Ethics Op. 78-14: Practicing Law and Real Estate From the Same Office
• FL Bar Ethics Op. 88-15: Dual Professions and Sharing Office Space

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-79-4/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-79-4-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 79-4
Advisory ethics opinions are not binding.
A lawyer may maintain a real estate broker's license with a real estate firm and at the same time maintain an active law practice specializing in real estate transactions.
CPR: EC 2-8, DR 2-102, DR 2-103, DR 5-101(A), EC 9-6, DR 9-101
Opinions: 66-16, 72-19, 74-54, 78-14, 79-3
Cases: The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980)
Mr. Corrigan stated the opinion of the committee:
The inquiring lawyer asks if he can maintain his real estate broker's license with a real estate firm in order to enhance his instructor's position, teaching for an accredited real estate salesman's license school, and, at the same time, maintain an active law practice specializing in real estate transactions.
The Florida Supreme Court has, in the case of The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980), promulgated new disciplinary rules and ethical considerations governing advertising, which is one form of solicitation. The Supreme Court, however, did not revise the disciplinary rules and ethical considerations on other forms of solicitation. Since this inquiry does not deal directly with permissible advertising, the answer to it must be found in the revised DR 2-102 and EC 2-8 as well as in DR 2-103 and DR 5-101(A). Reference is also made to past opinions of this Committee numbered 66-16 [since withdrawn], 72-19 [since withdrawn], 74-54 [since withdrawn], 78-14 and 79-3.
The Committee believes that the facts of this inquiry do not present an "impermissible feeder" type operation. If the inquiring lawyer refrains from accepting any referrals from the real estate firm, and if he can conduct himself so as not to violate DR 9-101 and EC 9-6, and thus avoid any appearance of impropriety, the Committee believes he can continue his law practice and his teaching while leaving his real estate license registered with the real estate firm.