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 who works full-time as out-of-state corporate general counsel keep an office and his name on a Florida firm's letterhead?
The opinion concluded that a lawyer serving full-time as corporate general counsel in New York, who handles only incidental private matters on monthly Florida visits, may keep an office in his former …
Can a former assistant state attorney represent the family of a person whose death he helped investigate, and share a fee for it?
The opinion concluded that a former assistant state attorney who held supervisory responsibility over the investigation of a death may not later represent the deceased's family in a suit for accidenta…
Can a law firm send out an announcement of a merger and a new out-of-town office that lists the members' names and the cities where they practice?
The opinion concluded that a firm opening an additional office in another city coincident with a merger may announce both events, and the announcement may list the individual members of the merging fi…
Can a lawyer let the client read pre-written questions and conduct the examination at proceedings supplementary to enforce a judgment?
The opinion concluded that a lawyer enforcing a money judgment may not let the client conduct the interrogation at supplementary proceedings, even using questions the lawyer prepared in advance, becau…
Can a claimant's lawyer send copies of letters to the insured while negotiating a claim with the liability insurer?
The opinion concluded that a claimant's lawyer may forward to the insured copies of correspondence sent to the liability insurer, so long as no attorney has been retained to represent the insurer and …
Can a lawyer refer clients to an insurance carrier and quietly collect a referral fee from the carrier when a policy is sold?
The opinion concluded that a lawyer may not refer clients to an insurance carrier and then, without the client's knowledge, be compensated by the carrier when a policy is sold; later Opinion 70-13 mod…
Can a lawyer who represents a labor union also handle personal legal matters for individual union members?
The opinion concluded that there is no ethical objection to a lawyer representing a union and separately representing its individual members, so long as the union is not used as a 'feeder' of business…
Can a lawyer act as the notary administering the oath to his own client on pleadings?
The opinion concluded that there is no ethical prohibition against a lawyer serving as notary to administer an oath to a client in connection with pleadings, but a prudent lawyer limits the practice t…
Can a lawyer advise a corporate client on a claim brought by a former employee the lawyer once represented in a divorce?
The opinion concluded that a lawyer may advise a corporate client on a claim by a former divorce client (a former employee) if the claim is unrelated to the divorce, no confidential information from t…
Can a lawyer prepare a trust on a referral from a trust company without ever contacting the client directly?
The opinion concluded that, for the same reasons given in Opinion 67-14, a lawyer may not prepare a trust pursuant to a referral from a trust company without direct contact with the client.
Can a lawyer take work from a real estate broker to prepare a deed without ever meeting the parties to the transaction?
The opinion concluded that a lawyer may not accept employment from a real estate broker to prepare a deed used by the broker to close a transaction when the lawyer has no contact with either party, be…
Can a firm keep a former partner's name on its letterhead as a 'successor' or 'formerly' line after that partner becomes a judge?
The opinion concluded that a partnership may not reflect a former firm name on its letterhead when that name includes a former member who has become a judge, even in a 'successors to' or 'formerly' fo…
Can a part-time city attorney whose law partner is a legislator advise the city about legislation?
The opinion concluded that a part-time city attorney whose partner is a legislator may advise the city about the contents of existing or proposed legislation and the desirability of change, but any ac…
Can a lawyer serve as general counsel to an 'estate protection service' and prepare trust documents for its customers?
The opinion concluded that it is improper for a lawyer to act as general counsel to an 'estate protection service' by preparing trust indentures or other documents for the service's customers, even as…
Can a Florida lawyer charge a property owner a contingent fee in a condemnation case on top of the attorney's fee the court awards under the eminent domain statute?
The opinion concluded that there is no ethical objection to a contingent fee in a condemnation case in addition to the statutory fee awarded by the court, so long as the total fee is reasonable and th…
Can a Florida partnership list an out-of-state office on its letterhead when that office belongs to only one partner, not the partnership?
The opinion concluded that a Florida partnership may not list an office in another jurisdiction on the partnership letterhead when that office is not the partnership's but only one partner's, maintain…
Can a Florida law firm rent office space to a nonlawyer arbitrator and list the arbitrator's name on the office door?
The opinion concluded that, although sharing office space with a nonlawyer is not to be encouraged, the firm may place the arbitrator's name on the office door so long as the listing is clearly separa…
If a lawyer is served with a writ of garnishment over a client's judgment debt, can the lawyer assert the attorney-client privilege, and must the lawyer withdraw if the client won't waive it?
The opinion concluded that a lawyer served with a garnishment writ may properly assert the attorney-client privilege in response and is not required to withdraw from representing the client if the cli…
Can a lawyer represent a client in a second case when the record from an earlier case in which the lawyer testified as a witness may be relevant, including for res judicata?
The opinion concluded that a lawyer is not necessarily precluded from representing a client in a second case merely because a record from an earlier case in which the lawyer testified may bear on issu…
After a lawyer's former firm represented one party in a multi-car accident, can the lawyer represent another party whose claim may be against the firm's former client?
The opinion concluded that a lawyer whose former firm represented one party to a three-vehicle accident may not represent a second party whose interests may include a claim against the original client…
Can a law firm join a downtown civic council that promotes the business district, and have its partners listed individually on the membership rolls?
The opinion concluded that a law firm may belong to a downtown council organized to promote civic interest in the downtown area, with the membership listed in the partners' individual names rather tha…
Can a lawyer represent a credit bureau and also handle the collection matters it forwards, with the bureau gathering the litigation information and the lawyer's secretary working on the bureau's premises?
The opinion concluded that a lawyer may represent a credit bureau in its own affairs, but may not let the bureau procure the information needed for litigation, may not locate his part-time secretary o…
When the lawyer who drafted a will may have to testify in the will contest, can his partner handle the executor's representation in that contest?
The opinion concluded that a lawyer who drafted the wills and now represents the executor may have his partner file pleadings and represent the disinterested executor in the will contest, even though …
Can an assistant state attorney who prosecuted a defendant for vehicular homicide later represent the decedent's family in a civil wrongful death suit against the same defendant?
The opinion concluded that an assistant state attorney who prosecuted a vehicular homicide case may not later represent the decedent's personal representative in a civil wrongful death action arising …
Can a corporation's lawyer who drafted a noncompete between the company and its president, while nominally representing both, later sue to enforce that noncompete for the company?
The opinion concluded that the lawyer may later represent the corporation in enforcing the noncompetition agreement, provided he learned nothing confidential from the president and the facts of the al…
Can a new county attorney prosecute a condemnation suit for the county when he earlier represented some of the landowners, if their parcels are severed and tried by other counsel?
The opinion concluded that the county attorney may represent the county in the part of the condemnation suit covering other parcels, where the parcels he had represented are severed and tried by other…
After a jury is discharged, can a lawyer make a brief courteous reply when a juror makes a casual remark that has nothing to do with the trial?
The opinion concluded that the rule restricting communications with jurors does not preclude a lawyer from making a brief, courteous response to casual remarks, unrelated to the trial, addressed to th…
Can a title-examining attorney take quit-claim deeds to other lots in a subdivision to himself, so that later owners must come to him to clear their titles for a small fee?
The opinion concluded that an attorney may not use information found in a title examination to take quit-claim deeds to other lots to himself, intending to reconvey to later parties for a minimum fee,…
If a workers' compensation claimant fires his lawyer before the case ends, can the lawyer petition the Industrial Commission for the fee he believes he earned?
The opinion concluded that a discharged claimant's attorney in a workmen's compensation proceeding may present an appropriate petition to the Florida Industrial Commission for any fee he in good faith…
Can a lawyer take on clients who want new counsel for a dispute arising out of an earlier settlement handled by their prior lawyer, over that prior lawyer's objection?
The opinion concluded that an attorney could properly honor a client's request to represent him in a controversy stemming from a previous compromise in which the client was represented by other counse…
Can a group of lawyers agree that probate fees earned by one of them will be shared with the lawyer who drafted the will, or that lawyer's survivors?
The opinion concluded that it is not ethically proper for a group of attorneys to contract to divide a probate fee with the lawyer who drafted the will, or his survivors, because the division would no…
Can a lawyer agree to handle all of a mortgage lender client's loan closings for a fixed monthly fee?
The opinion concluded that it is proper for an attorney to agree with a mortgage-lender client to conduct all of its closings for fixed monthly compensation, provided the lawyer takes no part of the b…
Can a lawyer volunteer for a free legal aid program run by a fraternal or charitable organization for its members' needy relatives?
The opinion concluded that there is no impropriety in an attorney participating in a legal aid program organized by a fraternal society, provided the society does not interfere with the attorney-clien…
If the lawyer who represented the opposing party joins our firm, can the firm keep representing its client against that former opponent?
The opinion concluded that once the opposing party's former lawyer joins the firm, the firm may not pursue enforcement against that former opponent without the opponent's consent, even if the new arri…
Can a lawyer who took over a case from a lawyer who was later disbarred share the fee with the disbarred lawyer for work done before the disbarment?
The opinion concluded that the successor lawyer could divide the fee with the disbarred lawyer only to the extent the disbarred lawyer fairly earned it through services and responsibility before disba…
When I represent one spouse in a divorce, can I put the couple's already-agreed property settlement in writing and have the unrepresented spouse sign it?
The opinion concluded that the lawyer may reduce a previously agreed property settlement to writing and obtain the unrepresented spouse's signature, but only if he avoids anything that could mislead t…
After an insurer pays a judgment for the plaintiff and takes an assignment, can the insurer's lawyer appear for that plaintiff as appellee in the co-defendant's appeal?
The opinion concluded that there was no ethical objection: once the insurer paid the full judgment and took an assignment from the plaintiff, its substitute counsel could appear for the plaintiff as a…
Can a lawyer who belongs to a title insurance fund represent a client pressing a claim against that same fund?
The opinion concluded that the lawyer may pursue the client's title-insurance claim against the fund despite his own membership interest, provided he makes full and fair disclosure of that interest to…
Can the law partner of an assistant state attorney take criminal defense cases?
The opinion concluded that the law partner of an assistant state attorney may not engage in criminal defense practice, because the firm and all its members are barred from any employment that one memb…
If a lawyer is both an assistant state attorney and the county school board's attorney, can he handle the board's bond validation proceeding?
The opinion concluded that the lawyer should not take part in the validation proceeding in either capacity, because the state attorney's office has a statutory duty to scrutinize and, if necessary, op…
When a plaintiff offers to release the insured for an assignment of the insured's bad-faith claim, what must insurer-retained defense counsel do?
The opinion concluded that insurer-retained defense counsel must inform the insured of the plaintiff's release-and-assignment proposal and of the possible bad-faith claim against the insurer, and advi…
In a litigated workers' comp case, can the claimant's lawyer deal directly with the insurance carrier's adjusters instead of the carrier's attorney?
The opinion concluded that the claimant's attorney may deal directly with the carrier's claims representatives to discuss settlement, bypassing the carrier's attorney of record, only if that attorney …
After resigning as a corporation's counsel over the president's misconduct, can the lawyer represent stockholders suing the corporation?
The opinion concluded that the lawyer may disclose facts he learned as a director but should not act as attorney against a corporation he served as counsel and director, and especially not in a stockh…
When a lawyer closes a loan for the lender, must he tell an unrepresented borrower about title defects even though the lender has title insurance?
The opinion concluded that a closing attorney acting for the lender should disclose known title defects to an unrepresented purchaser-borrower who deals directly with him, because concealing them coul…
Can a lawyer serve as attorney for a public board on which his own law partner sits and chairs?
The opinion concluded that the arrangement was not a clear ethical violation if the relationship was publicly disclosed, the board-member partner did not share the fees, and that partner did not take …
After defending the car owner at the insurer's request, can the same lawyer defend the driver in a later suit the owner brings over the same accident?
The opinion concluded that the lawyer should not undertake the second defense, because shifting sides in litigation growing out of the same accident would undermine public confidence in the bar, even …
Can a firm add a new partner's name to the firm name while keeping a deceased partner's name in it?
The opinion concluded that adding a new name to a firm name that already includes a deceased partner's name is not necessarily improper, provided the deceased partner's name is properly retained under…
Can a lawyer refuse to give a government agency information about a client's affairs based on a good-faith claim of privilege or work product?
The opinion concluded that a lawyer does not act unethically by declining to give a government agency information about a client's affairs when he believes in good faith he has legal grounds to withho…
If a client confides that the deceased testator left a surviving legal spouse with possible claims, can the lawyer keep that secret and still represent the client?
The opinion concluded that the lawyer may not reveal the client's confidence about the surviving legal wife without consent, but also may not continue to act for the client in any matter where that in…
When an associate who worked on the employer-carrier's side switches to the claimant's firm, can that firm keep representing the claimant?
The opinion concluded that the claimant's firm should withdraw unless both the employer-carrier and the claimant, after being fully informed, consent to the continued representation, even if the arriv…
Can a lawyer let a newspaper reporter look at the lawyer's own copy of a deposition filed in a public-interest civil case?
The opinion concluded that the lawyer may let a reporter inspect his copy of the deposition if it is available for public inspection in the clerk's office, the reporter initiated the request, and the …
Can a lawyer who is sometimes retained by an insurance company also represent third-party claimants pressing claims against that same company?
The opinion concluded that a lawyer on retainer to an insurer should not represent third-party claimants against it, and that a lawyer not on retainer should also decline if the relationship would imp…
Can a lawyer advance living expenses to a client while waiting for the client's claim or settlement against a third party to be paid?
The opinion concluded that a lawyer may not advance living expenses to a client pending settlement and collection of a claim, judgment, or award, even where the client badly needs the money and liabil…
Must a workers' compensation claimant's lawyer always pursue the statutory penalty for a late-paid award, and can the lawyer choose not to?
The opinion concluded that it is proper for the claimant's attorney to invoke the statutory penalty for late payment, and that it is not necessarily improper to withhold the penalty where the delay wa…
Can a lawyer who is sued personally plead the statute of limitations as a defense, for example against a landlord or for funds the lawyer was holding to forward to another attorney?
The opinion concluded that a lawyer does not necessarily act improperly by pleading the statute of limitations when sued, unless he has done something to lull the other party into a false sense of sec…
If a seller's attorney prepares all the closing documents in a real estate deal, can the attorney bill the buyer for part of the fee when the buyer never hired or agreed to pay him?
The opinion concluded that an attorney should not send a statement for fees and costs to a buyer who never became legally obligated to pay, though because the buyer can simply refuse to pay it, the co…
Can a law firm that regularly sues state agencies and officials accept a retainer to represent a state board made up of the Governor and Cabinet?
The opinion concluded that a firm regularly engaged in litigation against state agencies and officials should not accept a retainer to represent a state board composed of the Governor and Cabinet, bec…
Can a law firm with offices in two cities use letterhead that lists all of the firm's lawyers and shows both office addresses?
The opinion concluded that a firm with active offices in two Florida cities may use stationery listing all of its lawyers and showing the addresses and telephone numbers of both offices, especially wh…
Can a lawyer represent a workers' compensation claimant against a corporation when the lawyer is a close friend of, and has personally represented, the corporation's president?
The opinion concluded that, after full disclosure and client consent, the lawyer may represent the claimant against the corporation despite his friendship with and prior personal representation of the…
Can a lawyer agree to prepare wills for a client and the client's coworkers, contact those coworkers, and offer a volume discount on the fees?
The opinion concluded that the lawyer may tell the coworker who contacted him that he is willing to prepare the wills, but may not initiate contact with the company or the other employees, must form a…
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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.