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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Can a lawyer let a client send collection form letters under the lawyer's name but with the client's return address?
The opinion concluded that it is unethical for a lawyer to allow a client to send out form letters under the lawyer's name, with the client's return address, for collection purposes.
Can a criminal defense lawyer charge a contingent fee, or take a secured promissory note for the fee balance?
The opinion concluded that a contingent fee in a criminal case is improper, but that a lawyer may take a note for an agreed fee balance bearing lawful interest, secured by a transfer that is in form a…
May a lawyer hold a client's documents or trust funds under a retaining lien for unpaid fees?
The opinion concluded that a lawyer may exercise a valid retaining lien on a client's documents and funds properly in the lawyer's custody, but whether a valid lien exists is a question of law the com…
Can two lawyers who are not partners share a reception room and library without it looking like a partnership?
The opinion concluded that two non-partner lawyers may share a common reception room and library if they make every reasonable effort to avoid any impression of partnership, including separate letterh…
Can a law professor list a J.D. degree in university or law school publications without explaining the degree or stating its date of award?
Yes. The committee found that a law faculty member may permit his J.D. degree to be reflected in a faculty listing without further explanation or date of award, because such a listing carries no misle…
Can a lawyer who sued for a tax assessor to settle ownership then represent one of the rival claimants in that suit?
The opinion concluded that a lawyer who, as counsel for a tax assessor, filed a declaratory judgment action to determine which claimant owned property and reviewed the title proof may not then represe…
Can a lawyer represent both a corporation and its principal in consolidated suits where one is plaintiff and the other a defendant?
The opinion concluded that the lawyer could represent both the corporation and the principal in the consolidated litigation if their interests were not actually or potentially differing, informed cons…
Can a salaried in-house lawyer litigate, file suits, handle agency appeals, and negotiate contracts for the employer corporation?
The opinion concluded that a lawyer employed by a corporation on salary may defend it in litigation, file suit on its behalf, represent it in administrative appeals, and conduct negotiations for it, f…
Can a legal services program have law-student clerks interview prospective clients to screen eligibility and identify the problem?
The opinion concluded that a legal services program may permit law-student clerks to interview prospective clients to determine eligibility and ascertain the general nature of the problem, where the c…
Can a lawyer supply title insurance policies to a lay-owned company to sell to the public?
The opinion concluded that an attorney may not provide a lay agency with Lawyers' Title Guaranty Fund insurance policies for sale to the public, finding the arrangement violated the rules against prac…
Can a lawyer who represented both buyer and seller later pursue a claim against the former seller-client over documents the lawyer prepared?
The opinion concluded that a lawyer may not participate in asserting a claim against his former client, the seller, in connection with alleged warranties in instruments the lawyer prepared for both pa…
Can a lawyer interview the opposing party about the party's expected testimony without opposing counsel's consent?
The opinion concluded that an attorney may not interview the opposing party about the party's anticipated testimony as a witness except with the consent of the opposing party's attorney.
Can a lender's lawyer charge the borrower or seller for the lender's attorney fees, and does that create a conflict?
The opinion concluded that there is no impropriety in a mortgage company requiring borrowers or fund recipients to bear or contribute to its attorney's fee, but that a party other than the borrower ch…
Can a lawyer who is also an ordained minister display an ordination certificate in the law office?
The opinion concluded that a lawyer who is an ordained minister may display an ordination certificate on his office wall among other certificates, without violating the rules against advertising and s…
Can a lawyer sue a corporation his firm once organized, or one of its principals, in an unrelated matter?
The opinion concluded that a lawyer may represent a plaintiff against a corporation his firm organized, or against a principal, provided the suit is unrelated to the incorporation work and no relevant…
Can a town attorney and prosecutor temporarily sit as judge of the same municipal court?
The opinion concluded that an attorney should not sit even temporarily as judge of a court in which he is normally the prosecuting officer, because his role as legal advisor to the arresting officers …
Does a lawyer acting as a title insurance issuing agent improperly solicit by complying with state disclosure regulations?
The opinion concluded that a lawyer serving as a title insurance issuing agent may comply with state regulations requiring disclosure of coverage limits and an offer of owner's coverage, and that doin…
Can a legal aid staff attorney defend a case brought by a plaintiff who is represented by a lawyer serving on the legal aid organization's board of directors?
Yes, provided informed consent is obtained from both litigants and the board of directors is completely removed from the attorney-client relationship between the staff attorney and the defendant.
Can a county attorney defend property owners in a condemnation suit brought by the county school board?
The opinion concluded that a county attorney should not represent defendants in a condemnation suit brought by the Board of Public Instruction, even though he does not represent that board, because of…
Can a lawyer regularly employed by a city board represent private clients before the city's governing board?
The opinion concluded that an attorney employed on a regular basis by a municipality or its boards or commissions should not represent private clients before the governing board of the city.
Can a professional association keep the names of deceased former partners in its firm name?
The opinion concluded that a professional association may include in its name the names of deceased members of a predecessor partnership that were previously part of the partnership name, where local …
Can a lawyer contact a juror after the jury is discharged to investigate a possible challenge to the verdict?
The opinion concluded that a lawyer should not contact a discharged juror for any purpose before filing the notice the rule requires, and that the notice should state the basis for challenging the ver…
Can a Florida lawyer represent a layman who wants to run a business that sends lien notices, files lien claims, and brings lien foreclosures for other laymen?
No. The committee concluded that helping a layman set up such a lien-handling service would assist the unauthorized practice of law and improperly involve fee division with, and an intermediary betwee…
Can a former assistant city attorney represent a private client in a zoning matter involving that city?
The opinion concluded that a former assistant city attorney who performed no services for three years, formalized his withdrawal with the council, and gained no information adverse to the city may rep…
Can a law firm represent both a condominium developer and the residents' association the developer controls?
The opinion concluded that a firm may represent both a condominium developer and a residents' association temporarily controlled by the developer, absent antagonistic interests, provided the protectio…
Can a partner who leaves a firm take the client files he worked on with him?
The opinion concluded that, absent a controlling partnership agreement, the continuing firm's consent, or client instructions, a withdrawing partner has no right to remove from the firm's premises fil…
Can a workers' compensation lawyer withdraw before an appeal because the appellate fee is too low?
The opinion concluded that withdrawing from a compensation case when appeal is appropriate, solely because the appellate fee is inadequate, would be unethical unless the lawyer had a clear limited-sco…
Can a lawyer charge interest on a note for the unpaid balance of an agreed fee?
The opinion concluded that a note evidencing the balance of an agreed fee may bear interest, provided the rate is lawful and comparable to what a lending institution would charge the client.
How must a law firm organized as a professional association tell clients about its corporate form, and can a nonlawyer retirement plan be funded from firm profits?
The opinion concluded that including 'Professional Association,' 'P.A.,' or 'Chartered' in the firm name gives clients adequate notice of the corporate form, that a fictitious name is acceptable if th…
Can one lawyer serve at the same time as both public defender and county prosecutor?
The opinion concluded that an attorney may not simultaneously serve as a Public Defender and a County Prosecuting Attorney, because the two positions fundamentally conflict under Canon 6.
Can a lawyer defend someone in a criminal case while suing that same person in an unrelated civil case, if everyone consents?
The opinion concluded that it would not be proper for an attorney to defend a criminal defendant while simultaneously representing a personal injury plaintiff in an unrelated civil suit against that s…
Can a Florida lawyer employ an attorney who is not admitted in Florida as a research assistant?
The opinion concluded that a Florida lawyer may employ an attorney who is not a member of The Florida Bar as a research assistant, provided the assistant does no work constituting the practice of law,…
When a lawyer asks an unrepresented party to sign a deed, must the lawyer explain why?
The opinion concluded that a lawyer who asks an unrepresented party to sign a quitclaim deed needed to procure an insurable title for his client should state, in understandable terms, the precise reas…
Can a lawyer holding settlement funds in trust refuse to pay a forwarding attorney by claiming a retaining lien?
The opinion concluded that whether a retaining lien exists is a question of law beyond the committee's jurisdiction, but that if an attorney is entitled to a retaining lien he may ethically exercise i…
Can a lawyer with an associate use the heading 'Law Offices of [name]' on stationery and pleadings?
The opinion concluded that there is no impropriety in a member of The Florida Bar and his associate using the heading 'Law Offices of [name]' on firm stationery, in pleadings, and in the signature blo…
Can an associate of a state attorney take appointed criminal defense work in federal or municipal court?
The opinion concluded that it would not be appropriate for an associate of a state attorney to accept appointment as defense counsel under the Federal Indigent Criminal Defense Act or to appear for cr…
Can a corporation's lawyer later sue a stockholder who had paid part of the lawsuit's cost deposit?
The opinion concluded that a lawyer representing a corporation in litigation may later join as a defendant a stockholder who paid part of the cost deposit, provided the lawyer received no information …
Can a private law firm on retainer to a railroad use the railroad's company stationery marked 'Law Department' and 'Division Counsel'?
The firm could use 'Division Counsel' stationery only in dealings with the railroad's own employees or representatives, and could not use the 'Law Department' designation at all, because the firm's me…
Can a lawyer in a private adoption reveal the adopting parents' identity to the hospital to avoid being sued for the unpaid bill?
The opinion concluded that the lawyer, having arranged to keep the adopting parents anonymous to protect the confidentiality of the adoption, could not disclose their identity to the hospital; any los…
Can a law firm note on its office door that one of its members is a state senator?
The opinion concluded that a law firm may not display on its office door the fact that the office is also the office of a firm member who is a state senator.
Can a creditor's attorney send a debtor a 'Final Notice Before Action' form?
The opinion concluded that an attorney representing a creditor may not use a 'Final Notice Before Action' form, because the form is designed to mislead debtors who are not represented by counsel.
Is it unethical for a lawyer to claim a retaining lien on a client's property to secure unpaid fees?
The opinion concluded that it is not unethical for a lawyer to claim an attorney's retaining lien in good faith; the existence and extent of the lien are questions of law to be resolved by the courts,…
What should a lawyer do when a client revokes a medical-bill assignment after the lawyer is already holding the settlement proceeds the doctor claims?
The opinion concluded that, when a client revokes a prior medical-lien assignment after the lawyer holds the settlement proceeds, the lawyer should first try to help the client and physician compromis…
Can a patent lawyer be listed in the phone directory under both patent lawyers and lawyers headings?
The opinion concluded that a Florida lawyer duly qualified to practice before the United States Patent Office may be listed in the classified telephone directory under both the patent lawyers heading …
Can a lawyer share a contingent fee with another attorney whose only role in the case was serving as a witness?
The opinion concluded that it would be improper to divide a contingent fee with another attorney whose only contact with the litigation was as a witness.
Can a lawyer who used to represent an association later represent a client suing that association?
The opinion concluded that a lawyer who had represented a cooperative apartment association may later represent an officer-client whose rights are affected by proposed bylaw amendments, provided the a…
Can attorneys fund a nonprofit loan program for accident victims secured by the victims' claims and repaid from case proceeds?
The opinion concluded that a nonprofit lending fund financed by attorney contributions, providing loans to accident victims secured by assignment of their claims and repaid from case proceeds, would b…
Can a lawyer keep representing a corporation in civil collection litigation after its president is indicted for related conduct?
The opinion concluded that an attorney may represent a corporate client in collection litigation even though the corporation's president has been indicted over similar contracts, so long as the repres…
Can a lawyer who opposed a rezoning for one group later seek a similar rezoning for an adjacent landowner over those former clients' objection?
The opinion concluded that an attorney who had unsuccessfully represented clients opposing the rezoning of a tract may not later represent the owner of an adjacent tract seeking similar rezoning when …
Can a bar association set up a bank-financed plan to let clients finance their legal fees through installment loans?
The opinion gave general approval to a proposed legal services financing plan in which banks lend clients the fees on the clients' own credit, finding no ethical impediment so long as the lawyer is no…
Can a lawyer display both an LL.B. and a J.D. diploma when the J.D. was issued as a substitute for the LL.B.?
The opinion concluded that it would be improper for a lawyer to display both an LL.B. diploma and a J.D. diploma when the J.D. was granted as a substitution for the LL.B., because doing so would tend …
Should a legal services program file divorce suits for clients it cannot serve and then hand them off to private counsel?
The opinion concluded that it would be more appropriate for a legal services program to refer ineligible parties to other agencies at the outset, rather than to file divorce litigation on their behalf…
Can a lawyer represent a business competitor of an existing client over that client's objection?
The opinion concluded that a lawyer is not ethically precluded from representing a competitor of an established client in business affairs over the first client's objection, as long as the lawyer does…
Can a county attorney who handles only civil matters defend a criminal case in the same county?
The opinion concluded that a county attorney whose duties relate only to civil matters may defend a person charged with crime in his county where the county commissioners have no control or supervisio…
Can a lawyer use a postage meter that prints a short slogan alongside the postage?
The opinion concluded that there was no ethical objection to a lawyer using a postage meter imprinting the message 'Law, Rule of Right, Not Might.'
Can a lawyer speak at a bank-sponsored estate planning seminar held for residents of an apartment building?
The opinion concluded that a lawyer may participate as a speaker in a bank-sponsored estate planning seminar held at an apartment house, where the talk addresses estate planning in general and the ann…
Can a lawyer take part in a public mock-court education program run by a legal secretaries association and the local bar?
The opinion concluded that a lawyer may participate in the St. Petersburg Legal Secretaries Association's annual 'Days in Court' public education project, sanctioned by the local bar association, incl…
Can a Florida lawyer employ a retired out-of-state lawyer as an office manager who talks with clients and attends hearings?
The opinion concluded that a Florida lawyer may not employ a retired member of another state's bar as an office coordinator and manager whose duties include talking with clients and attending conferen…
Can a legal services program represent clients with conflicting interests by assigning different lawyers or separate offices?
The opinion concluded that, absent client consent, a federally funded legal services program may not represent conflicting interests, and using different lawyers or separate 'law offices' within the s…
May a Florida lawyer divide fees with an inactive New York lawyer living in Florida who refers Florida clients to him?
Generally no. The committee concluded it may constitute aiding the unauthorized practice of law to accept cases referred by a New York lawyer residing in Florida and divide the fee, and that it would …
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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.