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 take over cases from a disbarred lawyer, and can the lawyer pay or split a fee with the disbarred lawyer for work done before disbarment?
The opinion concluded that a lawyer should not accept case referrals directly from a disbarred lawyer, but may take over the disbarred lawyer's matters when the client makes the request and fee arrang…
Can a lawyer represent a client in one lawsuit while opposing that same client as an adversary in a different, unrelated lawsuit?
The opinion concluded that a lawyer should not represent a client in one litigated matter while opposing that client in another, even if the matters are unrelated and no confidences are involved, and …
Can an elected county prosecutor represent private clients in civil suits against the county or its agencies when his official duties cover only criminal matters?
The opinion concluded that a county prosecuting attorney should not represent private clients in civil litigation against the county or its boards or agencies, even though his official duties relate o…
Can a lawyer print her name, address, and 'Attorney at Law' on the checks she uses in her law practice?
The opinion concluded that a lawyer may print her name, address, and the designation 'Attorney at Law' on checks used in her practice, where this is done simply to give useful identifying information …
Can a lawyer for a bank's trust department prepare guidelines for drafting trusts and let the bank distribute them to other lawyers who draft trusts naming the bank as trustee?
The opinion concluded that the bank's trust counsel may prepare guidelines for drafting trusts acceptable to the bank, for the bank to distribute, provided the guidelines are given only to attorneys.
Can a lawyer assert a retaining or attorney's lien over a client's documents and funds in the lawyer's custody when the client refuses to pay fees?
The opinion concluded that it is not unethical for a lawyer to exercise a retaining or attorney's lien to which he is entitled by law over a client's documents and funds properly in his custody, but w…
Can a wife's divorce attorney enforce a court-ordered fee against the husband when doing so might interfere with the support payments the wife and children depend on?
The opinion concluded that the attorney may move to enforce the court-ordered fee, but if the husband cannot pay both the fee and essential support, the attorney should subordinate enforcement of his …
If a lawyer is subpoenaed to testify about a client's assets, can the lawyer refuse to answer questions he believes call for privileged communications?
The opinion concluded that whether a particular communication is privileged is a question of law for the court; a lawyer may refuse to answer matters he in good faith believes privileged unless the co…
Can a lawyer form a partnership with a nonlawyer to represent clients before regulatory agencies the nonlawyer is authorized to practice before?
The opinion concluded that a lawyer may not form a partnership with a nonlawyer to practice before state and federal agencies, even where the nonlawyer is authorized to appear there, unless the lawyer…
After winning a judgment, can the plaintiff's lawyer contact the defendant directly about settling it, or must he go through the defendant's lawyer?
The opinion concluded that entry of judgment and expiration of the appeal period do not automatically end the attorney-client relationship, so the plaintiff's lawyer may not communicate directly with …
If an assistant city attorney's law partner is appointed to the state road board, what matters must the city attorney and his firm avoid?
The opinion concluded that the lawyer may continue as an assistant city attorney, but should not personally deal with the state road board or road department on the city's behalf and should not repres…
Can a Florida lawyer write directly to insurance companies to place mortgage loans for clients?
The opinion concluded that a lawyer may write directly to life insurance companies to obtain loans for clients, provided the letter does not directly or indirectly suggest that the lawyer or his offic…
Can a Florida law firm affiliate with a corporation solely to qualify for group health insurance rates?
The opinion concluded that a firm may affiliate with a corporation it represents purely as a technical step to obtain group medical and hospitalization insurance, provided the firm keeps its independe…
Can a Florida lawyer write a general-interest legal column for a local newspaper?
The opinion concluded that a lawyer may write a newspaper column that discusses general matters of law, so long as it does not advise on any specific or individual problem and the lawyer is not identi…
Can a county-court prosecuting attorney also defend criminal cases, whether in the same county's circuit court, in other counties, or in federal court?
A majority of the committee concluded that a prosecuting attorney for a county judge's court may not act as defense counsel in criminal cases in the same county's circuit court, may not continue a def…
Can a lawyer hired and paid by a bank draft and submit a corporate client's pension plan to the IRS when the lawyer must represent the corporation's interests?
The opinion concluded that the arrangement was improper because the firm, though employed and paid by the bank, would have to represent the corporate employer's interests before the IRS; the better pr…
Is it a conflict for a lawyer to represent a bank while being paid by a client whose business the bank and an insurance company solicited?
The opinion concluded that the arrangement created a conflict of interest and was improper, following its companion Opinion 64-71; it also flagged that the lawyer's set fee had to bear a reasonable re…
Can a lawyer prepare estate analyses for insurance agents to use with their prospects, with the fee tied to insurance sales?
The opinion concluded that preparing the analyses for the agents was improper as practice through an intermediary, and that, even otherwise, a fee made contingent in whole or part on the sale of insur…
Can a local bar association keep a shared file listing clients who are delinquent on attorney's fees, and may a lawyer take on a client who still owes another lawyer?
A majority of the committee found a bar-association reference file of fee-delinquent clients unprofessional and possibly contrary to the confidentiality canon; it also stated it is not unethical for a…
Can a lawyer notify former will clients that a change in federal tax law may affect the wills the lawyer drafted for them?
The opinion concluded that a lawyer may notify clients whose wills the lawyer prepared of changes in federal tax law that may affect those wills, subject to conditions, and that any indirect suggestio…
Can a law firm give its will clients a printed memorandum, bearing the firm's name, explaining events that could affect their wills?
The opinion concluded that a firm may give testators of wills it prepared a printed memorandum bearing the firm's name that generally explains how asset changes or family events could affect a will, a…
Can a lawyer do a savings and loan association's general legal work for free or a nominal fee in exchange for its title-examination work, and how are the title fees handled?
A majority concluded that a lawyer may do an association's non-title legal work gratuitously or for a nominal fee, treating the title-examination fees as aggregate compensation; the title fees must be…
Can a full-time assistant city attorney who also leads a city-employee association present the association's pension-plan changes to city officials?
The opinion concluded that the lawyer could not ethically present the association's pension proposals to city officials because of the conflict between his duty to the city and his leadership of the a…
Can a mortgage company's attorney charge the seller a fee at a closing where the attorney represents the lender and the seller has no lawyer?
Three responding members concluded that the lender's attorney may not charge the seller a fee absent an agreement with the seller, but may collect a reasonable fee, as part of the closing costs, where…
Can a Florida lawyer list an out-of-state lawyer's name on the firm letterhead when they work together but are not partners?
The opinion concluded that it is improper to list an out-of-state lawyer's name on a Florida firm's letterhead when no partnership exists between them, even though they work jointly on many matters.
Must a lawyer withdraw from representing a client just because the lawyer expects to be called as a witness by the opposing party?
The opinion concluded that a lawyer need not withdraw simply because he expects to be called to testify by his adversary; withdrawal is required for testimony a lawyer gives on his own client's behalf…
Can a nonlawyer office manager draw checks on a firm's client trust accounts and on the firm account?
Yes. The committee found no impropriety in a nonlawyer office manager drawing checks on client trust accounts upon proper authorization from the responsible attorney, or on the firm account when autho…
Can a lawyer keep an office inside a corporate client's claims department to handle the company's claims and defense work?
The opinion concluded that a lawyer may maintain an office in a corporate client's claims department to handle settlement and defense of claims against the company, provided he carries on his other la…
Can a lawyer sign affidavits for a client on formal or procedural matters even when the client is available locally to sign?
The opinion concluded that an attorney may ethically prepare and sign affidavits for a client as to formal or procedural matters even if the client is available, provided the attorney has personal kno…
Can a lawyer prepare estate analyses that an insurance firm presents to its prospects as the work of the firm's attorney?
The committee unanimously found it improper for a practicing attorney to prepare an estate analysis presented to an insurer's prospect as the agency's attorney's work, and a majority also disapproved …
Can a law firm obtain Florida Bar pamphlets for a savings and loan association to display and distribute to the public?
Yes. The committee found nothing improper in a firm securing copies of a Florida Bar will pamphlet for a savings and loan association to display and distribute to the public, and commended the practic…
Can a contributing author's brief biographical sketch be included in a Continuing Legal Education manual?
Yes. The committee found it not improper to include a brief, dignified biographical sketch of a contributing author, which might name the author's law firm, because the CLE manuals were distributed on…
Can a lawyer accept employment from a real estate broker's tax-advisory company that solicits taxpayers and hires the lawyer to pursue their tax-reduction claims?
No. The committee found it highly improper for a lawyer to take employment from a broker-run tax-advisory company that solicits the business and selects and pays the lawyer, holding it amounts to prac…
Can a lawyer participate in a for-profit corporation that offers legal services alongside architectural, engineering, and accounting services to the building trade?
No. The committee found it highly improper for a lawyer to participate in a profit-making corporation rendering combined legal, architectural, engineering, accounting, and surveying services that adve…
Is it ethical for a lawyer to sue the partners and associates of a law firm that guaranteed payment of a mortgage sold to the lawyer's client?
A majority found it not unethical to proceed against the partners or associates of the firm that guaranteed the mortgage, while expressing no opinion on their actual legal liability and cautioning tha…
Can a firm keep a partner's name in the firm name after he becomes a judge, and may a long-deceased predecessor's name stay on the letterhead?
No to the judge: a partner who becomes a judge and is precluded from practice must be dropped from the firm name. A majority found the long-deceased predecessor's name could still be listed on the let…
Can a lawyer set a fee in advance for handling a client's estate through a provision in the will or a separate agreement?
The committee found no ethics problem with a lawyer setting a reasonable estate-handling fee in advance, by a will provision or separate agreement, while noting the lawyer is under no duty to fix fees…
Can lawyers and judges take part in an educational television program that discusses legal matters for the public?
The committee encouraged a noncommercial, bar-sponsored educational television program, with one reservation: actual cases should not be discussed and hypothetical situations should be substituted, wi…
Can a lawyer be a director, stockholder, and legal advisor of a corporation that provides condominium-development consulting using lawyers and real estate brokers?
The committee concluded that violation of one or more Canons is probable and, as to unauthorized practice, inevitable, because the lawyer's firm would draw client work through the service, the service…
Can a lawyer planning to run for public office hand out campaign cards showing only his name and city, with no mention that he is a lawyer?
Yes. The committee found no Canon violation in a lawyer-candidate distributing cards bearing only his name and city, with no reference to his profession, provided the cards are not used to solicit leg…
Can a lawyer organize an association of bank attorneys and send a letter inviting interested lawyers to join?
Yes. The committee found no ethics problem in organizing an association of bank attorneys and nothing improper in circulating a proposed letter to lawyers who might be interested.
Can an assistant city attorney prosecute someone a law partner once represented, where that representation ended before the partnership formed?
Yes. The committee found no Canon violation, and indeed a duty to prosecute, where no firm member currently represents the person, none has for about a year, and the partner's earlier representation p…
What outside criminal and civil matters may a part-time city attorney and his partners handle in courts and agencies other than the city's municipal court?
The committee divided on defending criminal cases in other courts but unanimously approved representing clients in civil matters adverse to other governments, and in criminal or quasi-criminal matters…
If a lawyer learns mid-case that the client's personal-injury accident was faked, may the lawyer withdraw, and may the lawyer report what the client said?
The lawyer may withdraw, returning the file or moving to withdraw even without the client's agreement, and need give no specific reason unless the client insists. Whether the lawyer may disclose infor…
Can a bank require its own attorney to pass on title and make the borrower pay that attorney's fee, even if the borrower's own lawyer duplicates the work?
Yes. The committee found it not improper for a bank to require, as a condition of the loan, that its attorney examine title and that the borrower bear that fee, even though the borrower's own attorney…
Can a lawyer suspended from practice keep his name listed as an attorney in directories, and will the bar interpret the terms of his suspension?
The committee declined to interpret the terms of a Supreme Court suspension order, holding it has no jurisdiction to do so, and advised that a suspended member should not consent to his name appearing…
Can a lawyer accept a referral fee or commission for placing a client's funds without telling the client?
No. The committee held that a lawyer may not take a secret commission on the placement of a client's funds, or obtain commissions from an outside source, without the client's full knowledge, approval,…
Can a Florida lawyer also run a separate business or work as an officer of a company?
Yes, with limits. The committee concluded a lawyer may engage in an independent business, and may be an officer and employee of a corporation, so long as he does not commingle the business with his la…
Can a lawyer represent a client again in a new matter after a court-appointed guardian had replaced the lawyer in an earlier case?
Yes. The committee saw no objection to a lawyer representing a client in a restoration-of-competency proceeding even though he had earlier represented her in a personal injury action from which a late…
How long must a lawyer keep client files, and what should a lawyer do with funds belonging to a client who cannot be located?
The committee advised that retention time depends on a file's importance, that the client should be asked to retrieve or authorize disposal of a file, and that funds of an unlocatable client need not …
Can a lawyer accept payment from a bank for writing title insurance and closing loans the lawyer refers to that bank?
A majority of the committee saw nothing improper in a bank charging the borrower for services and title insurance and remitting to the referring lawyer a service charge plus a fee for representing and…
Is it ethical for a lawyer to hold a client's papers under a retaining lien until the lawyer is paid?
Yes. The committee found nothing unethical in a lawyer exercising a retaining lien on papers in his hands where the client had consulted him, arranged for services, agreed on a fee, and left papers, a…
Can a lawyer leave a stack of business cards with a bank or business so its officers can hand them out to refer customers?
No. The committee concluded it is improper for a lawyer to leave a supply of professional business cards with a bank, savings and loan, or business officer so the cards can be used to refer customers,…
Can a lawyer refuse a court appointment to represent an indigent criminal defendant by saying he does not practice criminal law?
No. The committee concluded that not practicing criminal law is no excuse for refusing such an appointment, that a refusing lawyer is subject to discipline, and that a lawyer who leaves state criminal…
Can a lawyer represent both the employer and the workers' compensation claimant in a settlement without telling the claimant?
No. The committee called it a very serious violation of the Canons for a lawyer to represent both the employer and a workers' compensation claimant in a washout settlement where the claimant did not k…
If a lawyer helped one client get a loan from another client, can the lawyer later foreclose the loan for one of them?
The committee advised that a lawyer who assisted one client in obtaining a loan from another client should decline to represent either in foreclosing on the loan, and should leave them to obtain other…
Can a lawyer whose office is in a hotel use the hotel's address and telephone number for the law office?
Using the hotel's street address is not improper since the office is actually located there. Using the hotel's main telephone as the office line may be improper because business could be channeled to …
Can a former assistant U.S. attorney defend a criminal case that was pending while he was in that office if he never worked on it?
Yes. The committee found no violation of the Canons where a former assistant U.S. district attorney defends a criminal case that was pending during his term but which he never handled, was never conta…
Can a city mayor who is also a lawyer share in fees from negligence cases against the city that he refers to other lawyers?
No. The committee concluded the mayor should not serve notices on the city or share in fees in negligence cases against the city, because having an interest in litigation against the city he serves cr…
Can lawyers and judges appear under their own names on a public service television program dramatizing real cases?
Yes. The committee concluded that lawyers and judges may appear on a public service television program emphasizing cases and subjects of public interest, using their own names and being identified as …
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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.