The Florida Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the The Florida Bar, with full citations and source links on every page.
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Must a Florida lawyer who suspects a former client gave false affidavits or deposition testimony disclose the suspected fraud to the court?
Only if the fraud is 'clearly established.' Under DR 7-102(B) the duty to reveal a client's fraud on a person or tribunal arises only when the lawyer has information clearly establishing it; doubt is …
Can a lawyer apply trust funds held for one purpose to his own fee claim over the client's objection, and may he keep more than the claim is worth?
The opinion concluded that funds held in trust for a different purpose may not, over the client's objection, be applied to the lawyer's fee claim or claimed lien without prior court approval, and that…
Does a court-appointed lawyer act unethically by filing an appeal the lawyer thinks is frivolous when the indigent client insists on appealing?
The opinion concluded that a court-appointed lawyer who, at the client's insistence and following the Anders procedure, commences an appeal he believes frivolous does not act unethically, because the …
Can a lawyer represent an insured under an insurer's instruction not to give the insured any opinion on the settlement value of the case?
The opinion concluded that a lawyer may not accept or continue representation of the insured under an insurer's instruction that the lawyer not express any opinion on the case's settlement value, beca…
May a lawyer be listed as 'General Counsel' or 'Consultant' on a client's letterhead?
Yes, where a bona fide continuing relationship exists. The committee concluded an attorney may be listed as 'General Counsel' or 'Consultant' on a client's letterhead and elsewhere if the attorney and…
Can a law firm that represents the county government and its sheriff and clerk also defend private clients on traffic charges in the county court?
The opinion concluded that a firm representing the county government and its elected officials, including the clerk, comptroller, and sheriff's department, may not defend clients on traffic violations…
When a lawyer closes a practice, can the lawyer destroy the files of clients who do not respond to a notice letter after 90 days?
The opinion concluded that a lawyer disposing of client files must make a diligent attempt to contact all clients, may not automatically destroy files after 90 days, and must individually review the f…
Can a lawyer whose office is in a bank building have his name and 'attorney-at-law' designation placed on the bank's outside sign?
The opinion concluded that a lawyer with offices in a bank building may have his name, attorney designation, and suite number on the bank's outside sign near the street, subject to the new advertising…
Can a Florida lawyer buy a yellow page listing in a local telephone directory not published by the telephone company?
The opinion concluded that, under the new advertising rules, a lawyer may purchase a yellow page listing in a local telephone directory not prepared by the local telephone company, reversing the contr…
Does a certified legal intern need the client's written consent before representing the client on appeal?
The opinion concluded that a certified intern must obtain the client's written consent before representing the client on appeal, though initial trial-level consent may be drafted to extend to the appe…
Can a Florida attorney practicing as a professional association be a partner, through the corporation, in a partnership of attorneys?
The opinion concluded that an attorney practicing as a professional association may participate, in the form of his corporation, as a partner in a partnership of attorneys, as long as the professional…
Can a county attorney who represents the county commission also represent an individual commissioner charged before the state ethics commission?
The opinion concluded a county attorney who by contract represents the county commission, not its individual members, may not represent an individual commissioner before the Florida Ethics Commission …
Can a Florida law firm keep deceased partners on its letterhead and note its former firm name after merging with a sole practitioner?
The opinion concluded the merged firm may continue to list the deceased partners (showing the fact and date of death) and may also state the firm's former name, because in this situation it would not …
May an out-of-state law firm run a Florida office through a resident Florida lawyer who is not a partner in the firm?
No. The committee majority concluded it is improper for interstate firms to maintain, under varying formats, a Florida office operated by a resident Florida attorney who is not a partner; a Florida la…
Can a lawyer serve as an assistant state attorney prosecuting misdemeanors while his law partner defends criminal cases in the same jurisdiction?
The opinion concluded a lawyer may not serve as an assistant state attorney, even prosecuting only misdemeanors, while his partner engages in criminal defense in the same jurisdiction, because the par…
Must a law firm distinguish on its letterhead between partners and associates, or between stockholders and employee lawyers in a professional association?
The opinion concluded a law firm is not required to distinguish on its letterhead between partners and associates, or between stockholders and employee attorneys in a professional association, because…
Can two lawyers who share office space and trade hourly work serve as opposing counsel in an uncontested divorce or testify for each other about reasonable fees?
The opinion concluded that lawyers with an office-sharing and hourly-work relationship may not serve as opposing counsel in uncontested dissolutions or execute affidavits or testify on each other's re…
Can lawyers who only share office space hold themselves out as a partnership, and can a defense lawyer share space with part-time assistant public defenders?
The opinion concluded it is improper for lawyers who only share office space and staff to hold themselves out as a partnership, and that a criminal-defense lawyer should not share space with part-time…
Must a divorce lawyer keep representing the client to enforce the judgment, and may the lawyer contact the opposing party directly after the case ends?
The opinion concluded that, absent a prior agreement to pursue post-judgment remedies, a lawyer who handled a dissolution has no continuing obligation to enforce the judgment, and that the lawyer may …
Can a lawyer report another lawyer's ethics violation to a grievance committee when the lawyer learned of it through a client confidence?
The opinion concluded a lawyer has neither the duty nor the right to report another lawyer's ethics violation to a grievance committee when knowledge of it came from a client confidence, and that obta…
If financial-disclosure laws require a lawyer who holds public office to reveal client identities, and a client's identity is confidential, what must the lawyer do?
The opinion concluded that where a client's identity is a confidence or secret, a lawyer who is also a public official subject to financial-disclosure laws must choose between continuing the represent…
If a lawyer cannot locate the client and the statute of limitations is about to run, what must the lawyer do to avoid neglecting the matter?
The opinion concluded that a lawyer who cannot locate the client must continue to take reasonably available steps to protect the client's interests, and that failure to do so may appear to constitute …
Can a lawyer employed by a federal agency join a labor union that includes both lawyer and non-lawyer employees of that employer?
The opinion concluded a Florida Bar member may not ethically join a labor union of lay and attorney employees relating to his federal employer, because of the divided loyalty such membership creates; …
Can a Florida lawyer draft a document whose legality is genuinely uncertain, such as a living will?
The opinion concluded a lawyer may draft such a document despite a good-faith uncertainty about its legality, provided the lawyer gives the client an opinion to that effect and fully discloses the pos…
Can a lawyer take cases referred by an heir-hunting service that contacts potential heirs and steers them to the lawyer?
The opinion concluded it is improper for an attorney to let an heir-hunting service advise potential heirs of his services or to contact potential heirs from names the service provides, because the ar…
How can a retiring lawyer hand off open client files, and may the successor lawyer divide fees with the retiring lawyer?
The opinion concluded a retiring lawyer may send clients a form letter offering to place files with a named successor, help the client choose another lawyer, or return the files, and that the successo…
Can a Florida lawyer charge a client the public rate for title insurance while keeping an undisclosed discount?
The opinion concluded no; a lawyer may not receive money from a third party that is charged to and paid by the client, directly or indirectly, without full disclosure to the client.
Can a Florida lawyer keep a fee a title company pays for endorsing its title commitment if the client consents?
The opinion concluded a lawyer may, with client consent after full disclosure, take a percentage of the title insurance fee for endorsing a title company's commitment, but must credit against the clie…
Can a criminal defense lawyer tell a non-client witness to get legal advice, and recommend a specific lawyer?
The opinion concluded the lawyer has the right, but not the duty, to suggest a non-client witness seek legal advice (and should not do so if it would disserve his own client); he may recommend a parti…
Can a firm that sues an insurance company for plaintiffs also defend that same insurer in other cases?
The opinion concluded that a firm with a substantial plaintiffs' personal injury practice against a particular insurance company may not, even with the consent of all clients, simultaneously defend th…
Can a lawyer who is a reserve police officer and legal officer for the reserve police do criminal defense work in the same area?
The opinion concluded a lawyer who is a reserve police officer and legal officer for the reserve police may not do criminal defense work in the court where those officers make arrests returnable or in…
Can a lawyer-legislator, or his partner, also serve as a city attorney or special-district counsel?
The opinion concluded yes; a lawyer may serve in the Florida legislature while he or his partner is a city attorney or special-district counsel, but he may not vote on or participate in matters signif…
Can a former federal law clerk work on a bankruptcy matter pending before the judge he clerked for?
The opinion concluded he may not; a former law clerk now in private practice may not perform any legal services for the trustee in a Chapter X proceeding pending before the judge for whom he clerked.
Can a lawyer employed full-time by a firm practice under his own name, and can a Florida Bar member working from an out-of-state office say so on his letterhead?
The opinion concluded a full-time firm employee may not practice under his own name to the exclusion of the firm name, but if he also maintains an individual practice his own letterhead is proper; a F…
Can a lawyer who is also a corporation's officer and a material witness keep representing it in litigation?
The opinion concluded he should try to secure outside counsel for the insolvent corporation; if he cannot, he should disclose the facts to the court and seek a determination that he falls within the h…
Can a Florida lawyer who is 'Of Counsel' to an out-of-state firm list that firm's address on his Florida letterhead?
The opinion concluded he may not; because the inquirer did not maintain an office in Ohio, the Ohio address was not justified on stationery used in his Florida office.
Can a lawyer with a regular criminal defense practice also accept appointments to prosecute unrelated cases?
The opinion concluded he may not; a lawyer who regularly represents criminal defendants in his private practice may not also serve as prosecutor in criminal cases unrelated to that practice.
Does a Florida lawyer who takes over a tort case have to share the fee with the client's discharged first attorney?
The opinion concluded no; the second attorney has no ethical duty to divide the fee with the discharged first attorney, as long as the fee arrangement with the client contained no provision for such a…
Must an assistant city attorney withdraw from suing the city's insurers when an insurer impleads the city?
The opinion concluded yes; an assistant city attorney representing a private claimant against the city's insurers must withdraw once an insurer files a third-party complaint against the city.
Can a lawyer send information directly to the opposing party when he suspects opposing counsel isn't passing it along?
The opinion concluded no; a lawyer who suspects opposing counsel is not relaying settlement offers or other vital information to that counsel's client may not himself transmit the information to the r…
Can the lawyer for an estate's personal representative tell the surviving spouse about elective-share and other statutory rights?
The opinion concluded yes; a surviving spouse who claims an elective share or statutory entitlements does not, without more, have a conflict with the personal representative or other beneficiaries, an…
May a lawyer separately bill a client for time spent by the lawyer's salaried paralegals and other nonlawyer staff?
Yes, with care to avoid double-billing. A lawyer may separately itemize on a client's bill the time of salaried nonlawyer personnel for legal research and similar delegated work, but must avoid duplic…
Must a Florida lawyer disclose to the court that his client lied at a deposition?
The opinion concluded that a lawyer who learns his client deliberately lied at a deposition must call on the client to rectify it, must withdraw, and, if the client refuses to rectify, must reveal the…
Can a former judge who now practices law use the title 'Judge' on his company's letterhead?
The opinion concluded a practicing lawyer who was briefly a judge may not use the title 'Judge' on the letterhead of a separate business he heads, and his employees should not refer to him as 'Judge' …
Can a law firm list on its letterhead lawyers who rent space and take referrals but are not employees?
The opinion concluded no; to avoid misleading the public, a firm should not list on its letterhead any lawyer who is not an employee of the firm in some capacity (member, associate, or of counsel).
Can an insurer's lawyer also represent the claimant in a friendly suit or wrongful-death settlement needing court approval?
The opinion concluded no; a lawyer employed by an insurer may not also represent the minor claimant in a 'friendly suit' to approve a settlement, nor the personal representative seeking approval of a …
Can lawyers in a two-county firm be listed in the phone directory for both counties?
The opinion concluded yes; members of a firm with offices in two counties may be listed in the classified telephone directory for both counties if they do legal work for a substantial number of client…
Can a prosecutor reveal information from law enforcement officers in a later civil suit against those officers?
The opinion concluded yes; an assistant state attorney who received confidential information from law enforcement officers in a criminal prosecution may reveal it in a related civil action against tho…
Can a bar association advertise its lawyer referral service by distributing brochures in hospitals?
The opinion concluded a bar association's lawyer referral committee may distribute a brochure describing its referral service in local hospitals and other appropriate public locations, following guide…
Does a lawyer who commits malpractice automatically violate the ethics rule on competence?
The opinion concluded no; a lawyer guilty of actionable negligence in handling a matter does not automatically violate the disciplinary rule requiring competent representation.
Can a firm that represents the local sheriff also take criminal defense work in the same jurisdiction?
The opinion concluded a firm that represents the local sheriff (individually or in official duties) may not do criminal defense work in that jurisdiction unless the representation is so casual or spor…
Can a Florida lawyer teach a public legal-education course to non-lawyers?
The opinion concluded 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 give individual l…
Can 'Of Counsel' describe a brand-new relationship with a firm, not just a former partner or associate?
The opinion concluded yes; the 'Of Counsel' designation may describe either a continuing relationship with a former partner or associate or a new relationship between a lawyer and another lawyer or fi…
Is it solicitation for a Florida lawyer to ask a title company to let him examine its title work for a fee?
The opinion concluded that a lawyer asking a title insurance company to let him examine its work product for a fee, to give his client added assurance of marketable title, is not solicitation where th…
Can a law firm represent a city in one matter while other lawyers in the firm represent private clients against the city in unrelated matters?
The opinion concluded a law firm specially retained to represent a municipality in a labor matter may take that engagement, and other lawyers in the firm may appear before municipal boards or against …
Can a Florida lawyer write a newspaper column on legal topics and be named as the lawyer-author?
The opinion concluded a lawyer may prepare and contribute articles on general legal subjects to newspapers and may be identified by name and as an attorney, receding from earlier opinions that had req…
Can a Florida lawyer bill the client separately for in-house secretarial time as a cost?
The opinion concluded that separately billing a client for ordinary in-house secretarial time, though not specifically prohibited by the Code, is unprofessional and undignified and should be discourag…
Can a Florida lawyer help arrange loans for clients' living expenses repaid from their case settlements?
The opinion concluded a lawyer may not participate in an arrangement in which a loan company makes living-expense loans to the lawyer's clients on the condition that the lawyer co-signs an agreement t…
Can a lawyer file a class action naming himself as the class representative and seek his own attorney's fees?
The opinion concluded a lawyer may not file a class action in which he is a named plaintiff seeking to represent the class while also seeking recovery of attorney's fees for himself for representing t…
Can a lawyer take a federal indigent-defense appointment when his associate is a part-time assistant public defender?
The opinion concluded that, as a matter of legal ethics, a lawyer may accept a federal-court appointment to represent an indigent criminal defendant even though his associate is a part-time assistant …
Browse The Florida Bar opinions by topic
Legal ethics opinions from the The Florida Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.